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HomeMy WebLinkAbout4-27-10PLEDGE OF ALLEGIANCE
ROLL CALL
ARCADIA PLANNING COMMISSION AGENDA
Tuesday, April 27, 2010, 7:00 P.M.
Arcadia City Council Chambers
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING
COMMISSION ON NON PUBLIC HEARING ITEMS 5 minute time limit per person.
PUBLIC HEARINGS
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning
any of the proposed items set forth below for consideration. You are hereby advised that should you desire to
legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration,
you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the
time of the Public Hearing.
1. MODIFICATION APPLICATION NO. MC 09 -35 APPEAL OF MODIFICATION COMMITTEE
DENIAL
1412 Orlando Drive
Dino and Hope Clarizio
This is an appeal to reconsider the Modification Committee's decision on denying a Modification to
replace the existing 5' -0" high wood fence with a new 6' -0" wood fence above the existing retaining
wall that increases the overall height from 9' -7" to 10' -7 This will exceed the maximum permitted
height of 6' -0" (AMC Sec. 9251.2.13.3).
RECOMMENDATION: Denial of Appeal and affirmation of Modification Committee decision
There is a five working day appeal period after the approval /denial of the appeal. Appeals are to be
filed by 5:30 p. m. on Tuesday, May 4
2. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 02
1163 Encanto Drive
Warren Cross, representative from Westem Roofing Systems on behalf of the property owner,
Ms. Terry Traver
This is an appeal of the Rancho Santa Anita (Lower Rancho) Homeowners' Association's
Architectural Design Review Board decision denying a Metro Shake II, Weathered Timber, stone-
coated steel roof material at the subject residence.
RECOMMENDATION: Conditional Approval of Appeal
There is a five working day appeal period after the approval /denial of the appeal. Appeals are to be
filed by 5:30 p.m. on Tuesday, May 4.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
4 -27 -10
3. ADMINISTRATIVE SINGLE FAMILY DESIGN REVIEW NO. ADMIN. SF ADR NO. 10 -28
215 W. Naomi Avenue
Fausto G. Pachano (Property Owner)
The applicant is requesting an Administrative Single- Family Design Review for a 270 square -foot front
porch cover and the replacement of two patio covers (84 square feet and 128 square feet) at the rear
of the existing single -story, single family residence.
RECOMMENDATION: Denial
There is a five working day appeal period after the approval /denial of the application. Appeals are to
be fried by 5:30 p.m. on Tuesday, May 4
4. REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 09 09 (RESOLUTION NO. 1801)
510 -512 E. Live Oak Ave. (between Hempstead Ave. and Lenore Ave.)
Michael Hsiao (designer) Cafe Fusion
Consideration of revocation of a Conditional Use Permit granted on October 27, 2009, for a 960
square -foot expansion to an existing 2,040 square -foot restaurant. The status of the permit was
reviewed by the Planning Commission on February 9, 2010 and again on March 9, 2010.
RECOMMENDATION: Revocation unless full compliance is achieved by Thursday, May 27, 2010
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the
next Commission meeting. There will be a five working day appeal period after the adoption of the
Resolution.
5. CONDITIONAL USE PERMIT NO. CUP 10 02
400 N. Santa Anita Avenue, Suite 102
Lauren Bottey Hinds
The applicant is requesting a Conditional Use Permit to operate an 800 square -foot art studio with up
to 10 students within a two -story, commercial office building.
RECOMMENDATION: Conditional approval
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the
next Commission meeting. There will be a five working day appeal period after the adoption of the
Resolution.
6. UPDATE OF LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Citywide
The Planning Commission will consider the proposed Update of Local Guidelines for Implementing
the Califomia Environmental Quality Act (CEQA) in order to make a recommendation to the City
Council.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
4 -27 -10
CONSENT ITEMS
7. MINUTES OF MARCH 9, 2010
RECOMMENDATION: Approval
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
MODIFICATION COMMITTEE AGENDA
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
ADJOURNMENT
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
4 -27 -10
PLANNING COMMISSION
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related
modification or accommodation in order to participate in a meeting, including auxiliary aids or services,
may request such modification or accommodation from the City Clerk at (626) 574 -5423. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to
the meeting.
Public Hearina Procedure
1. The public hearing is opened by the Chairman of the Planning Commission.
2. The Planning staff report is presented by staff.
3. Commissioners' questions relating to the Planning staff report may be asked and answered at this
time.
4. The applicant is afforded the opportunity to address the Commission.
5. Others in favor of the proposal are afforded the opportunity to address the Commission.
(LIMITED TO 5 MINUTES)
6. Those in opposition to the proposal are afforded the opportunity to address the Commission.
(LIMITED TO 5 MINUTES)
7. The applicant may be afforded the opportunity for a brief rebuttal.
(LIMITED TO 5 MINUTES)
8. The Commission closes the public hearing.
9. The Commission members may discuss the proposal at this time.
10. The Commission then makes a motion and acts on the proposal to either approve, approve with
conditions or modifications, deny, or continue it to a specific date.
11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting
the decision of the Planning Commission is prepared for adoption by the Commission. This is usually
presented at the next Planning Commission meeting. There is a five (5) working day appeal period
after the adoption of the resolution.
12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working
day appeal period.
13. Following the Commission's review of Zone Changes, Text Amendments and General Plan
Amendments, the Commission's comments and recommendations are forwarded to the City Council
for the Council's consideration at a scheduled public hearing.
14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions)
there is a ten (10) calendar day appeal period.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
4 -27 -10
April 27, 2010
TO:
Arcadia Planning Commission
Development Services Department
Jim Kasama, Community Development Administrator
By: Lisa L. Flores, Senior Planner
An appeal to reconsider the Modification Committee's decision on
Modification Application No. MC 09 -35 at 1412 Orlando Drive.
FROM:
SUBJECT:
SUMMARY
This is an appeal by the property owners, Dr. and Mrs. Clarizio of a denial by the
Modification Committee of Modification Application No. MC 09 -35 to approve the
replacement of an existing 5' -0" high wood fence with a new 6' -0" wood fence above
the existing retaining wall that increases the overall height from 9' -7" to 10' -7 The
Committee denied the request except for the portion of the fence that meets the
current minimum 5' -0" high swimming pool fence enclosure requirement. The
Development Services Department is recommending that the Planning Commission
deny the appeal and uphold the Modification Committee's decision.
BACKGROUND
The subject property is a 17,480 square -foot lot and is located at the end of the
Orlando Drive cul -de -sac. The property is zoned R -O D, and was improved with a
6,467 square -foot, two -story residence with a garage in 1973 and a swimming pool
in 1991.
The subject site had an existing 5' -0" high wood fence that was situated above an
existing retaining wall located adjacent to the side and rear property lines. Last year,
the property owner received an approval from the Santa Anita Oaks Homeowners'
Association's (HOA) Architectural Review Board (ARB) to replace the 18 -year old
fence with a new wood fence at the same height and location. However, the
property owner replaced the old fence with a new 6' -0" high fence. As a result,
Building Services issued two correction notices followed by a Notice of Violation
from Code Services to reduce the height by one -foot or obtain ARB approval.
On July 3, 2009, the ARB approved the new 6' -0" high wood fence subject to the
approval of a modification for the new height of 10' -7 A modification to exceed the
maximum height limit for a fence or wall at the rear or side property Tine is typically
handled administratively. However, the property owner was not able to obtain the
required signature from one adjacent property owner, Mrs. Reeder at 1444 Oaklawn
Road. She is opposed to the additional one -foot height increase. Therefore, the
proposed project was subject to the Modification Committee's review.
At the March 23, 2010 Modification Committee meeting, the applicant did not attend
the meeting, but Mrs. Reeder and her son, owners of the adjacent property at 1444
Oaklawn Road were present and spoke in opposition of the requested modification.
Mr. Reeder stated that they were opposed to the new fence because it is
aesthetically unappealing. The unfinished side of the fence faces their property and
their issue is with the appearance of the fence and not with safety. To rectify this
situation, the Reeders would prefer that the fence be lowered back to its original
height and separated from the existing retaining wall by a minimum setback distance
equal to the height of the fence.
After much discussion, the Committee denied the request, except for the portion of
the fence that meets the current minimum 5' -0" high swimming pool fence enclosure
requirement. This is discussed later in this staff report. On March 31, 2010, the
property owner filed an appeal of the Modification Committee's decision (attached).
PUBLIC HEARING NOTIFICATION
Public hearing notices of this appeal were mailed on April 13, 2010 to the property
owners of those properties within 100 feet of the subject property and to the Santa
Anita Oaks HOA President, Ms. Mary Dougherty, and the ARB Chairman, Mr. Vince
Vargas. Pursuant to the provisions of the California Environmental Quality Act
(CEQA) a fence is Categorically Exempt from CEQA pursuant to Section 15301 of
the Guidelines, and therefore, the public hearing notice was not published in the
Arcadia Weekly.
PROPOSAL AND ANALYSIS
The homeowners are requesting that the Planning Commission overturn the
Modification Committee's denial of a 6' -0" high wood fence above the existing
retaining wall. According to the homeowners, the rationale for installing a 6' -0" high
wood fence instead of a 5' -0" high fence is because the pre -cut wood planks are
available only at lengths of either 4' -0" or 6' -0 and because of the uneven grade on
the subject property only a 6' -0" high fence would provide the swimming pool with
fencing that meets the current enclosure requirement. In 1992, the Building Code
changed the minimum height for swimming pool fence enclosures from 4' -0" to 5' -0
If the fence was to be lowered back to its original height of 5' -0 then the fence
would vary in height from 4' -0" to 5' -0" and it would not meet the current minimum
swimming pool fence requirement of 5' -0
The Modification Committee stated that they found it somewhat difficult to justify a
modification when the property owner installed a fence that was higher than what the
Appeal No. MC 09 -35
1412 Orlando Drive
April 27, 2010 page 2
ARB initially approved, and then request approval of the incorrect height.
Additionally, it did not show good faith when the applicant failed to respond to the
correction notices issued by the City and did not attend the Modification Committee
meeting. However, the Committee agreed that when a property owner replaces an
old fence with a new fence that serves as a swimming pool enclosure, it should
comply with the current minimum height requirement of 5' -0 In addressing the
Reeder's concerns, the Committee determined that the fence could be lowered in
those areas that exceed the 5' -0" height requirement as measured from the existing
grade on the subject property.
RECOMMENDATION
The Development Services Department recommends that the Planning Commission
deny the appeal and uphold the Modification Committee's decision on Modification
Application No. MC 09 -35.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve the appeal and overturn the
Modification Committee's denial, the Commission should move to approve
Modification Application No. MC 09 -35 based on at least one of the following
purposes:
Denial
1. That the Modification will secure an appropriate improvement of a lot;
2. That the Modification will prevent an unreasonable hardship; or
3. That the Modification will promote uniformity of development.
If the Planning Commission intends to deny the appeal and uphold the Modification
Committee's decision, the Commission should move to deny the appeal, based on
the evidence presented and affirm the Modification Committee's decision.
If any Planning Commissioner or other interested party has any questions or
comments regarding this matter prior to the April 27, 2010 public hearing, please
contact Senior Planner, Lisa Flores at (626) 574 -5445 or at IfloresCa�ci.arcadia.ca.us.
Approved by:
asama, Community Development Administrator
Appeal No. MC 09 -35
1412 Orlando Drive
April 27, 2010 page 3
Attachments: Aerial Photo and Vicnity Map with zoning information
Appeal letter, dated March 30, 2010
Modification Committee's findings, dated March 23, 2010
Plans of the Proposed Project
Photos of the subject property and subject fence
Photos of the wall from 1444 and 1436 Oaklawn Road
Radius Map
Appeal No. MC 09 -35
1412 Orlando Drive
April 27, 2010 page 4
Development Services Department
Engineering Division
Prepared by.: R.S.Gonzalez, April 2010
1412 Orlando Drive
MC 09 -35
Development Services Department
Engineering Division
Prepared by R.S.Gonzalez, April 2010
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1412 Orlando Drive
MC 09.35
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March 30, 2010
Jim Kasama
City of Arcadia
Community Development Administrator
Development Services Department
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
RE: Modification Application #MC09 -35
Dear Mr. Kasama,
Sincerely,
Dino Clarizio
Dino Clarizio, MD
1412 Orlando Drive
Arcadia, CA 91006
(626) 355 -8434 Home
(626) 821 -3290 Office
As a follow up to the letter I emailed you yesterday, I am requesting an appeal of the
decision pertaining to my fence. I am enclosing the fee of $540.00, however in light of
the fact that I was not notified of the hearing, I am requesting the appeal fee be waived.
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PUBLIC HEARING MC 09 -35
ARCADIA MODIFICATION COMMITTEE
Tuesday, March 23, 2010 at 7:45 a.m.
Arcadia City Council Chambers Conference Room
Address: 1412 Orlando Drive
Applicant: Dino and Hope Clarizio
Request: A Modification to replace the existing 5' -0" high wood fence with a new 6' -0" wood
fence above the existing retaining wall increases the overall height from 9' -7" to
10' -7 This will exceed the maximum permitted height of 6' -0" (AMC Sec.
9251.2.13.3).
BACKGROUND
The subject lot that is located at the end of the cul -de -sac is 17,480 square feet, zoned R -O
D, and is developed with an existing 6,467 square foot, two -story residence with a two -car
garage (built in 1973) and a swimming pool (built in 1991).
The subject site had an existing 5' -0" high wood fence that was situated above an existing
retaining wall located adjacent to the side and rear property lines. Last year, the property owner
received an approval from the Santa Anita Oaks Homeowners' Association's (HOA) to replace
the existing 18 -year old wood fence since it was leaning and replace it with the same height and
material. However, the property owner replaced the old wood fence with a new 6' -0" high wood
fence. As a result, the Building Division issued two correction notices, followed by a Notice of
Violation from the Code Enforcement Division to correct the height or obtain HOA approval.
On July 3, 2009, the HOA approved the 6' -0" high fence under the condition that a modification
be obtained since the new height of 9' -7" to 10' -7" high fence /wall exceeds the maximum
permitted height of 6' -0" and the existing height. A modification to exceed the maximum height
limit for a fence or wall at the rear or side of the property line is typically handled
administratively. However, the property owner was not able to obtain one of the required
signatures from the adjacent property owner, Ms. Reeder at 1444 Oaklawn Road since she is
opposed to the additional 1' -0" increase to the fence. Therefore, the proposed project is subject
to the Committee's review.
During the notification period, staff received a concern from Ms. Reeder, the property owner at
1444 Oaklawn Road (south of the subject property) opposing the new height of the fence
because it will further impede her view of the mountains.
Due to the uneven grade on the subject property, the new fence varies in height from 5' -0" to 6'-
0" above the existing retaining wall (retaining wall is not visible from the subject property). If the
fence was to be lowered back to its original height of 5' -0 then the fence would vary from 4' -0"
to 5' -0" and it would no longer meet the minimum swimming pool fence requirement of 5' -0 In
1992, the Building Code changed the minimum height for swimming pool fence enclosure from
4' -0" to 5' -0 The new fence height will bring the swimming pool fencing into compliance.
FINDINGS
As stated above, staff presented the specifics of the project. The applicant did not appear at the
meeting, but Mr. and Mrs. Reeder, the trustee and property owners of the adjacent property at
1444 Oaklawn Road were present and spoke in opposition of the requested modification. Mr.
Reeder stated that they are opposed to the new fence since it is aesthetically unappealing. The
unfinished side of the fence faces their side of the property and the issue is visual and not
safety. To rectify this problem, they would prefer that the fence be lowed back to its original
height and separated from the existing retaining wall by providing a minimum setback distance
equal to the height of the fence.
The Committee indicated that it is not easy to justify a modification when the property owner
installed a fence that was higher than what the HOA approved, and then obtain approval of the
corrected height. Additionally, it does not show good faith when the applicant failed to respond
to the number of violations issued by the City and not attending today's meeting. However, the
Committee agrees when a property owner replaces an old fence with a new fence that serves
as a swimming pool fence enclosure, it should comply with the minimum height requirement of
5' -0 However, in addressing the Reeder's concerns, the Committee determined the fence
could be lowered in areas that exceed the 5' -0" height requirement, as measured from the
existing grade on the subject property.
ACTION
Denied (3 -0), except for the portion of the fence that is required to meet the minimum 5' -0" high
swimming pool fence enclosure.
APPEAL PERIOD
There is a five (5) working day appeal period for this application. The approval is not effective
until Thursday, April 1, 2010, provided the Committee's action is not appealed. An appeal must
be submitted in writing to the Planning Division with the $540.00 appeal fee by 5:30 p.m. on
Wednesday, March 31, 2010.
EXPIRATION AND IMPLEMENTATION
The approval granted by this application shall expire one year (April 1, 2011) from the effective
date unless the project is completed or the approval is renewed.
The actual project must be consistent with the approval granted by the Modification Committee.
Any deviation from the Committee's action shall be subject to review and approval by the
Community Development Administrator and may require a new application and another public
hearing.
If there are any questions, please me at (626) 574 -5445 or by e-mail at Iflores @ci.arcadia.ca.us.
Approved by:
Lisa L. Flores, Senior Planner
PLANNING COMMISSIONER PRESENT: Parille
COMMITTEE MEMBERS PRESENT: Penman, Kruckeberg
PLANNING SERVICES REPRESENTATIVE: Flores
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(Above) The new fence
(Above) The new wood fence varies from 5'-9" to 6'-0" at rear of the property.
(Above) This shows the pool area at a higher grade.
This photo shows a 5 -0" to 5' -6" high new wood fence.
(Above) The new wood fence from 5' -7" to 6' -0" in height.
The swimming pool area.
(Above and Below) These photos shows the existing trees on Ms. Reeder's
property at 1444 Oaklawn Road.
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http: /arcadiagis /maps /water.mwf Tuesday, April 13, 2010 3:43 PM
April 27, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Lisa L. Flores, Senior Planner
SUMMARY
STAFF REPORT
Development Services Department
SUBJECT: Homeowners' Association's Appeal No. HOA 10 -02 of the denial of a
new metal roof for 1163 Encanto Drive.
This is an appeal by Mr. Warren Cross, Representative from Western Roofing
Systems on behalf of the property owner, Ms. Terry Traver of a denial by the
Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural
Design Review Board (ARB) for the use of Metro Shake II, Weathered Timber,
stone coated steel roofing to re -roof the residence and garage at 1163 Encanto
Drive. A Vicinity Map and an Aerial Photo with zoning information are attached as
Attachment No. 1. The Development Services Department is recommending that
the Planning Commission overturn the ARB decision and approve appeal no. HOA
10 -02, subject to the conditions listed in this staff report.
BACKGROUND
On March 20, 2010, the Lower Rancho ARB denied the homeowners' application
(Short Review Procedure Attachment No. 2) to replace the existing wood shake
roof at 1163 Encanto Drive with a Metro Shake II, Weathered Timber, stone coated
steel roof. The application was denied by Mr. Steve Mathison, the current Lower
Rancho ARB Chairman (see Attachment No. 3 ARB Findings and Action, and ARB
Minutes of March 20, 2010) based on the Lower Rancho ARB's consensus to no
longer permit metal /steel roofing in the Lower Rancho area.
The homeowners submitted to the ARB a Short Review Procedure form for their
desired roofing material and were able to secure the signatures of consent from the
owners of each of the three adjacent properties (see Attachment No. 2).
Nevertheless, the application was denied. An appeal of the decision was filed on
April 1, 2010 (Attachment No. 5).
PUBLIC HEARING NOTIFICATION
Public hearing notices of this appeal were mailed on April 14, 2010 to the owners of
those properties within 100 feet of the subject property (see Attachment No. 8 100
foot radius map) and to the Lower Rancho HOA President, Mr. Kevin Tomkins, and
the ARB Chairman, Mr. Steve Mathison. Pursuant to the provisions of the California
Environmental Quality Act (CEQA) a re- roofing project is Categorically Exempt from
CEQA pursuant to Section 15301 of the Guidelines, and therefore, the public
hearing notice was not published in the Arcadia Weekly.
PROPOSAL AND ANALYSIS
The homeowners are requesting that the Planning Commission overturn the Lower
Rancho ARB decision to deny the use of Metro Shake II, Weathered- Timber, stone
coated steel roofing at 1163 Encanto Drive. As stated in the appeal letter, the
property owners' contractor believes that he has provided substantial visual
examples of successful installations in the past of the proposed roofing material,
which in staffs opinion are aesthetically appealing, are consistent with the City's
Single- Family Residential Design Guidelines, and are compatible with the other
structures in the neighborhood.
The Lower Rancho regulations (City Council Resolution No. 5287) require that any
body hearing an appeal of an ARB decision be guided by the principles stated in
Section 15 of Resolution No. 5287.
The roof of a residence is an important design element and an appropriate material
enhances the architectural appearance of the structure. The City's Single- Family
Residential Design Guidelines state, "The roof of a house does more than provide
shelter from the elements; it helps define the architectural style and design of the
residence." And, "Roof plans and materials should be compatible with the
architectural style and design of the structure."
The homeowners' proposed roofing material is neither new nor unique to the Lower
Rancho area. There are over two dozen homes in the Lower Rancho area that have
stone coated, steel roofs, and the Planning Commission approved two appeals since
last year to allow a stone coated, steel -shake roof at 531 N. Monte Vista Road and
411 Oxford Drive. Staff has noted that there are detail elements of the older steel
roofs that are not particularly appealing; such as the edges of the tiles, the ridge
tiles, and the eaves. However, the material the homeowners want to install is
significantly improved in style and details to better simulate a wood -shake roof.
Additionally, the homeowners and their contractor are willing to install the roof in
accordance with the following conditions of approval that the Lower Rancho ARB
had imposed on steel roof projects in the past to ensure that the steel roofs would
closely simulate a wood -shake roof. These conditions of approval were developed
through the cooperation of roofing contractors with the former Lower Rancho ARB
Chairman.
HOA Appeal No. HOA 10 -02
1163 Encanto Drive
April 27, 2010 page 2
1. The roof shall have open cut valleys.
2. A drip -edge overhang shall be provided at the eaves.
3. The edges shall not be exposed more than two inches.
4. The starter of the ridge shall be cut and bent neatly.
5. No trim tiles shall be used on the rake of the gable roof.
Stone coated, steel -shake roofs have been installed on many residences throughout
the City and in the other HOA areas because many builders and homeowners feel
that the material is very durable and has a substantial appearance, but without the
weight and structural requirements of concrete -tile roofs. And, unlike a wood roof,
the steel shingles do not separate or warp over time. Staff agrees with the
homeowners that steel -shake roofs weather well, are durable enough to be walked
on, have an aesthetically pleasing appearance, and are fire retardant. The Arcadia
Fire Department has never had any concerns with the use of the proposed roofing
material.
Attachment No. 6 is photos of the subject property and Attachment No. 7 is photos
of homes in the Lower Rancho area that have a stone coated, steel roof. It is staff's
opinion that the photos show that steel roofs do not detract from the aesthetic
qualities of the properties, and therefore, staff believes that the proposed roofing
material would be an aesthetic improvement to the residence.
CODE REQUIREMENTS
The proposed project is required to comply with all code requirements and policies
determined to be necessary by the Building Official and Fire Marshal.
RECOMMENDATION
Staff recommends that the Planning Commission overturn the Lower Rancho ARB
decision to deny the use of Metro Shake II, stone coated steel roof, and approve
Homeowners' Association Appeal No. HOA 10 -02, subject to compliance with the
aforementioned conditions of approval to the satisfaction of the Building Official and
Fire Marshal.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve the appeal and overturn the ARB
denial, the Commission should move to approve Homeowners' Association Appeal
No. HOA 10 -02, subject to the stated conditions of approval, or as modified by the
Commission, based on a determination that the proposed project meets
HOA Appeal No. HOA 10 -02
1163 Encanto Drive
April 27, 2010 page 3
contemporary accepted standards of harmony and compatibility with the
neighborhood, and is of good architectural character.
Denial
If the Planning Commission intends to deny the appeal and uphold the ARB
decision, the Commission should move to deny Homeowners' Association Appeal
No. HOA 10 -02, based on a determination that the proposed project is not
harmonious or compatible with the neighborhood, or is of poor architectural
character, or would be detrimental to the use and enjoyment and value of adjacent
properties and the neighborhood.
If any Planning Commissioner or other interested party has any questions or
comments regarding this matter prior to the April 27, 2010 public hearing, please
contact Senior Planner, Lisa Flores at (626) 574 -5445 or at Iflores o(�ci.arcadia.ca.us.
Approved by:
t
ma, Community Development Administrator
Jim
Attachment No. 1 Vicinity Map and an Aerial Photo with zoning information
Attachment No. 2 Homeowners' application Short Review Procedure
Attachment No. 3 ARB Findings and Action, and ARB Minutes of March 20, 2010
Attachment No. 4 City Council Resolution No. 5287
Attachment No. 5 Homeowners' appeal documents
Attachment No. 6 Photo of the subject property
Attachment No. 7 Photos of homes in the Lower Rancho area that have a stone
coated steel roof
Attachment No. 8 100' foot radius map for public hearing notice mailing
HOA Appeal No. HOA 10 -02
1163 Encanto Drive
April 27, 2010 page 4
Attachment No. 1
HOA 10 -02
1163 Encanto Drive
Attachment No. 1
1163 Encanto Dr
Arcadia
Zone
Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, April 2010
1163 Encanto Drive
HOA Appeal No. 10 -02
BLANCHE ST
MOUNTAIN VIEW AVE
Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, Apri12010
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1163 Encanto Drive
HOA Appeal No. 10-02
Attachment No. 2
HOA 10 -02
1163 Encanto Drive
Attachment No. 2
A. PROJECT ADDRESS
B. PROPERTY OWNER
ADDRESS (IF DIFFERENT)
APPLICATION FOR ipMEOWNER AbSOCIATION
ARCHITECTURAL DESIGN REVIEW
(SHORT REVIEW PROCEDURE)
I (03 chkavvik
TELEPHONE NUMBER 6 2( °2a `f XO 0
C. APPLICANT (IF OTHER THAN OWNER) W -A
ADDRESS (s—z-2 AuA Gr Wavy,
1.44 4 i0TS
TELEPHONE NUMBER C2 G 7M-24
D. DESCRIPTION OF PROJECT (check applicable)
ENCLOSED ADDITION TO MAIN DWELLING
SQUARE FOOTAGE TO BE ADDED
UNENCLOSED ADDITION
SQUARE FOOTAGE OF ADDITON
ROOFING
SPECIFY MATERIALS 're
EXTERIOR ALTERATIONS (describe below)
EXTERIOR WALLS OR FENCES (describe below)
OTHER (describe below)
FILE NO.
DATE FILED yziot.
6.
7
WE, THE UNDERSIGNED (SIGNATURES) OWNERS OF ADJACENT PROPERTY, CERTIFY
THAT WE HAVE READ THE FOREGOING APPLICATION, AND HAVE SEEN THE PROPOSED
PLANS, AND HEREBY GRANT OUR CONSENT TO THE PROPOSED PROJECT.
ON MAP SIGNATURE OF OWNER ADDRESS
2.
pktve-
eitio6141.4.J UX cC.a
ADJACENT PROPERTY OWNERS SHALL BE CONSIDERED TO BE ALL PROPERTIES WHOSE
BOUNDARIES ARE, IN WHOLE OR IN PART, CO- TERMINUS WITH THE SUBJECT
PROPERTY:
EXAMPLE:
1
1
3
SUBJECT
PROPERTY
STREET
4,
Attachment No. 3
HOA 10 -02
1163 Encanto Drive
Attachment No. 3
Rancho Santa Anita Resident's Association
itpjqV,.l to
ARB File No.
Review Date:
E. FINDINGS (Only check those that apply and provide a written explanation for each check)
1. The proposed construction materials ARE ARE NOT compatible with the
existing materials, because
3. The proposed project IS ,SNOT significantly visible from the adjoining
properties, because
City modification required Not required
ARCHITECTURAL DESIGN REVIEW
BOARD (COMMITTEE) FINDINGS AND ACTION
A. PROJECT ADDRESS: Not 3 6A- -441• To i.).e
B. PROPERTY OWNER(S): rig=,y Tim- oft,G3
ADDRESS (IF DIFFERENT)
C. Architect/designer Contractor trail-g4/24) ejav0 s Ph (02,4,713A, e, 7
D. Proposed Project:
fr .COOF e 5 7TJLY.• e' /A.7 J 6 Lt/ 7 )1
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2. The proposed materials WILL ILL NOT have a significant adverse impact on
the overall appearance of the property, because
4. The proposed project IS (Kg IS NOT significantly visible from the adjoining public
right of way, because
5. The elements of structure's design ARE ARE NOT consistent with the existing
building's design, because
6. The proposed project IS NOT in proportion to other improvements on the
subject site or to improvements on other properties in the neighborhood,
because
7. The location of the proposed project WILL (.SILL NOT be acceptable and not
detrimental to the use, enjoyment and value of adjacent property and neighborhood,
because
8. The proposed project's setbacks DO (.O NOT provide for the adequate separation
between improvements on the same or adjoining properties, because
Sheet 1 of 2
F. OTHER FINDINGS: kJ/
G. ACTION: Approval without conditions
Approval with following conditions
.enial
H. DATE OF ARCHITECTURAL REVIEW BOARD (ARB) ACTION
I. ARB MEMBER (S)/ COMMITTEE RENDERING THE ABOVE DECISION
J. APPEALS
SIGNED:
PRINT NAME:
TITLE:
ADDRESS:
Appeals for the ARB's (Committee's) decision shall be made to the Planning Commission.
Anyone desiring to make such an appeal should contact the Planning Offices for the requirements,
fee and procedures. Said appeal must be made in writing and delivered to the Planning Offices,
240 W. Huntington Dr., Arcadia, CA 91007 within seven (7) working days of the Board's
(Committee decision.
K. EXPIRATION OF APPROVALS
If for a period of one (1) year from the date of approval, any project for which plans have been
approved by the Board (Committee), has been unused, abandoned, or discontinued, said approval
shall become null and void and of no effect.
RANCHO SANTA ANITA RESIDENT'S ASSOCIATION
DATE:
PHONE:
FAX:
Arcadia, CA 91007
ARB File No.
OWNER:
ZP
SPECIAL ARB COMMENTS: /�(��,'r��' 4- 7'�`74C./ 1 6
5 �t'_» /timu/i o� 5 7 09 r-ce
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Sheet 2 of 2
Rancho Santa Anita Residents Association
Serving the Lower Rancho College St. Areas
Date: May 7, 2009
Re: Review of ARB approved roofing materials metal roof materials
Mtg Date: Thursday May 7, 2009
Mtg Time: 8:30 pm to 9:30 pin (open to the public)
The meeting was opened and the following board members were present:
Steve Mathison
Dale Brown
Rick Frickie
Bob Eriksson
Lou Pappas (absent)
The purpose of the meeting was to establish a consensus for the preapproved roofing
materials for the area in addition to a detailed discussion on the Boards position on the
installation of Metal Roofing Products that have been proposed in the area and have also
been conditionally approved on a small number of homes over the past few years on a
individual basis.
It was discussed that a number of products currently on the list are no longer
manufactured for a variety of reasons (failed manufacturers or product failures) and that
the list can use some updating.
The metal roof products were then discussed as this issue seems to come up on a regular
basis and the board members felt that the position needed to be discussed in detail. After
much discussion the general consensus of the board members was to NOT allow metal
roofing products in the area for the following reasons:
1) Ridge, valley, eave, and edge details of the products require a great deal of special
attention for the roof system elements to fit properly together and look correct.
Even when they are assembled correctly they still have a manufactured look, and
the details noted obviously do not resemble the details for a wood or composite
shingle, which the metal roof is designed to emulate.
2) The finish of the product uses an similar asphaltic granular material similar to that
of an asphalt shingle. With the exception of the variations in the surface to mimic
the shape of a real wood shake, the product looks like a "Thick Butt Asphalt
Shingle" which is not allowed in the Rancho Santa Anita area
3) Although the material can provide a Class A fire rating, other materials already
approved by the Board also achieve this fire rating.
4) The Board has received input regarding the difficulty fire fighters have in an
emergency venting a space through a roof with this material. As such there is the
opinion greater damage can occur to a structure.
The different roof types within the association were discussed and the overall appearance
of the neighborhood is that of a wood shake or shingle in addition to manufactured tile
that has the appearance of shake as well as concrete tile. 11 is the opinion of the board
that the metal roofing products submitted to date are not "Harmonious" with the look and
feel of the community it represents.
Attachment No. 4
HOA 10 -02
1163 Encanto Drive
Attachment No. 4
RESOLUTION NO. 5287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DETERMINING AND AMENDING REGULATIONS
APPLICABLE TO REAL PROPERTY IN THE RANCHO SANTA ANITA
AREA AND IN THE AREA BETWEEN THE TURF CLUB AND
COLORADO STREET "D" ARCHITECTURAL DESIGN ZONE AREA.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. That the City Council hereby repeals Resolution No. 4020, and
adopts the following Resolution pursuant to Ordinance No. 1389, for the property
described in Exhibit "A attached hereto.
To implement the regulations applicable to the real property within the
Rancho Santa Anita Residents' Association "D" Architectural Design Zone area, the
Architectural Review Board is established and is hereinafter referred to as the
"Board
The governing body of the Board, is the Rancho Santa Anita Residents'
Association.
SECTION 2. In order to promote and maintain the quality single- family
residential environment of the City of Arcadia, and to protect the property values
and architectural character of such residential environments, in those portions of
the City in which the residents have formed a homeowners association, and to
accomplish the purposes set forth in Section 4, there is hereby established the
following regulations and procedures in which said association may exercise plan
review authority.
SECTION 3. In order that buildings, structures and landscaping on property
within said area will be harmonious with each other and to promote the full and
proper utilization of said property, the following conditions are hereby imposed
upon all property in said area pursuant to the zoning regulations of the Arcadia
Municipal Code, and all those in control of property within said area, are subject to
this Resolution and Ordinance No. 1832:
1. FLOOR AREA. No one family dwelling shall be erected or permitted
which contains less than 1,400 square feet of ground floor area if one story in height,
and not less than 1,000 square feet of ground floor area if one and one -half or two
stories in height. The space contained within an open porch, open entry, balcony,
garage, whether or not it is an integral part of the dwelling, patio, basement, or cellar
shall not be considered in computing the square footage contained in any such
building. The minimum required floor area shall be deemed to include the area
measured from the outer faces of the exterior walls.
2. FRONT YARD. If a dwelling with a larger front yard than the minimum
required by the underlying zone designation exists on a lot on either side of a lot
proposed to be improved, the Board shall have the power to require an appropriate
front yard on the lot to be improved, including a setback up to a size as large as an
adjacent front yard.
3. SIDE YARD. A lot with a building or any part thereof, occupying the front
one hundred (100) feet, or any part thereof, of such lot shall have a side yard of not
less than ten (10) feet.
4. ANIMALS. Wild animals, sheep, hogs, goats, bees, cows, horses, mules,
poultry, or rabbits shall not be permitted or kept.
5. EXTERIOR BUILDING MATERIALS. Materials used on the exterior of
any structure, including roofing, wall or fence greater than two (2) feet above the
lowest adjacent grade, shall be compatible with materials of other structures on the
same lot and with other structures in the neighborhood.
6. EXTERIOR BUILDING APPEARANCE. The appearance of any structure,
including roof, wall or fence shall be compatible with existing structures, roofing,
walls or fences in the neighborhood.
7. APPROVAL OF BOARD REQUIRED. No structure, roof, wall or fence
greater than two (2) feet above the lowest adjacent grade, shall be erected, placed or
replaced unless approved by the Board.
Plans for the erection, placement, or replacement of any structure, roof, wall
or fence, showing the precise location on the lot of the structure, wall or fence, shall
be submitted to the. Board.
No structure, roof, wall or fence shall be erected, placed or replaced except in
exact conformance with the plans approved by the Board.
If necessary to properly consider any application, the Board may require
specific plans, working drawings, specifications, color charts and material samples.
The provisions of this requirement shall not apply if the project consists only
of work inside a building which does not substantially change the external
_appearance of the building.
8. ARCHITECTURAL REVIEW BOARD. The Board shall be empowered to
transact business and exercise powers herein conferred, only if the following
requirements exist
2 5287
a. A formally organized property owner's organization exists in said area.
b. The organization has by -laws adopted that authorize the establishment of
the Board.
c. Said by -laws provide for appointment of property owners, only, to the
Board.
d. Owners have been appointed to the Board in accordance with the by -laws.
e. A copy of the by -laws and any amendments thereto have been filed with
the City Clerk and the Director of Planning.
f. The Board shall designate a custodian of records who shall maintain said
records and make them available for public review upon reasonable request.
g. Permanent written record of the meetings, findings, action, and decision
of the Board shall be maintained by the Board.
Any decision by the Board shall be accompanied by specific findings setting
forth the reasons for the Board's decision.
Any decision by the Board shall be made by a majority of the entire
membership of the Board, and such decision shall be rendered by the Board
members who considered the application.
A copy of the Board's findings and decision shall be mailed to the applicant
within three (3) working days of the Board's decision.
h. All meetings of the Board shall be open to the public in accordance with
the Ralph M. Brown Act (California Open Meeting Law).
9. POWERS OF THE BOARD. The Board shall have the power to:
a. Determine and approve an appropriate front yard pursuant to Condition 2
of Section 3.
b. Determine whether materials and appearance are compatible in
accordance with the above Conditions 5 6 of Section 3.
c If a grading plan is required for a building permit for a structure, the Board
may require such plan to be submitted along with the building plans.
d. Any of the conditions set forth in Conditions 1 through 4 of Section 3, may
be made less restrictive by the Board if the Board determines that such action will
foster the development of a lot and will not adversely affect the use and enjoyment
of the adjacent lots and the general neighborhood and would not be inconsistent
with: the provisions and intent of this resolution.
e. The Board shall have the power to establish rules for the purpose of
exercising its duties, subject to review and approval of the City. Copies of such rules
shall be kept on file with the Secretary of the Association and the City Clerk.
3 5287
10. SHORT REVIEW PROCESS PROCEDURE.
a. The Short Review Process may be used by the Board for the review of
applications for modifications to the requirements set forth in Conditions 1 through
4 of Section 3, provided that the application for a Short Review Process shall be
accompanied by a completed application form which shall contain the signatures of
all contiguous property owners indicating their awareness and approval of the
application.
b. The Board is not required to hold a noticed, scheduled meeting for the
consideration of a Short Review Process Application.
c. The Board Chairman or another Board member designated by the Board
Chairman, to act in his absence, shall render his decision on a Short Review Process
application within ten (10) working days from the date such request is filed with the
Board; failure to take action in said time shall, at the end of the ten (10) working day
period, be deemed an approval of the plans.
d. The Board may determine which requirements set forth in Conditions 1
through 4 of Section 3 are not appropriate for the Short Review Process, and
therefore require the Regular Review Process for the consideration of such
Conditions. Any list of such Conditions which are not appropriate for the Short
Review Process shall be filed in writing with the City Clerk and the Director of
Planning.
11. REGULAR REVIEW PROCESS PROCEDURES.
a. The Regular Review Process shall be used by the Board for the review of
the Conditions 1 through 4 of Section 3, (eligible for Short Review) in those cases in
which the applicant fails to obtain the signatures of approval from all of the
required property owners.
b. The Regular Review Process must be used for the review of applications to
those Conditions 1 through 4 of Section 3, which the Board has determined are not
appropriate for the Short Review Process pursuant to the above.
c. The Board is required to hold a noticed, scheduled meeting for the
consideration of a Regular Review Process Application.
d. Notice of Board's meeting shall be mailed, postage prepaid to the applicant
and to all property owners within one hundred feet (100') of the subject property,
not less than ten (10) calendar days before the date of such meeting.
The applicant shall also provide the Board with the last known name and
address, of such owners as shown upon the assessment rolls of the City or of the
County.
4 5287
The applicant shall also provide the Board with letter size envelopes, which
are addressed to the property owners who are to receive said notice. The applicant
shall provide the proper postage on each of said envelopes.
e. Any decision by the Board shall be made by a majority of the entire
membership of the Board, and such decision shall be rendered by the Board
members who considered the application.
f. The Board shall render it's decision on a Regular Review Process
application within thirty (30) working days from the date such request is filed with
the Board; failure to take action in said time shall, at the end of the thirty (30)
working day period, be deemed an approval of the plans.
12. EXPIRATION OF BOARD'S APPROVAL. If for a period of one (1) year
from date of approval, any project for which plans have been approved by the
Board, has been unused, abandoned or discontinued, said approval shall become
null and void and of no effect.
13. LIMIT ON BOARD'S POWERS. The Board shall not have the power to
waive any regulations in the Code pertaining to the basic zone of the property in
said area. The Board may, however, make a recommendation to the City agency,
which will be considering any such waiver request, regarding waiving such
regulations.
14. APPEAL. Appeals from the Board shall be made to the Planning
Commission. Said appeal shall be made in writing and delivered to the Planning
Department within seven (7) working days of the Board's decision and shall be
accompanied by an appeal fee in accordance with the applicable fee schedule adopted
by resolution of the City Council.
Upon receipt in proper form of an appeal from the Board's decision, such
appeal shall be processed by the Planning Department in accordance with the same
procedures applicable to appeals from the Modification Committee.
15. STANDARDS FOR BOARD DECISIONS AND APPEALS. The Board and
any body hearing an appeal from the Board's decision shall be guided by the
following principles:
a. Control of architectural appearance and use of materials shall not be so
exercised that individual initiative is stifled in creating the appearance of external
features of any particular structure, building, fence, _wall or roof, except to the extent
necessary to establish contemporary accepted standards of harmony and
compatibility acceptable to the Board or body hearing an appeal in order to avoid
that which is excessive, garish, and substantially unrelated to the neighborhood.
5.-
5287
(Pertains to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building
Materials Exterior Building Appearance).
b. Good architectural character is based upon the principles of harmony and
proportion in the elements of the structure as well as the relationship of such
principles to adjacent structures and other structures in the neighborhood: (Pertains
to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building Materials
Exterior Building Appearance).
c. A poorly designed external appearance of a structure, wall, fence, or roof,
can be detrimental to the use and enjoyment and value of adjacent property and
neighborhood. (Pertains to Conditions Nos. 5 6 of Section 3 of this Resolution
Exterior Building Materials Exterior Building Appearance).
d. A good relationship between adjacent front yards increases the value of
properties and makes the use of both properties more enjoyable. (Pertains to
Condition No. 2 of Section 3 of this Resolution Front yards).
SECTION 4. The City Council finds and determines that the public health,
safety and general welfare of the community require the adoption of this
Resolution. It is determined that the various land use controls, and property
regulations as set forth herein are substantially related to maintenance of Arcadia's
environment, for the purpose of assuring that the appearance of structures will be
compatible and harmonious with the use and enjoyment of surrounding properties.
Design controls and aesthetic considerations will help maintain the beauty of the
community, protect property values, and help assure protection from deterioration,
blight, and unattractiveness all of which can have a negative impact on the
environment of the community, effecting property values, and the quality of life
which is characteristic of Arcadia.
It is further determined that the purpose and function of this Resolution is
consistent with the history of the City and continued efforts through various means
to maintain the City's land use, environmental, and economic goals and to assure
perpetuation of both the psychological benefits and economic interests concomitant
to an attractive, well maintained community with emphasis on residential living.
All findings and statements of purpose in related Resolutions which pre-
existed this Resolution or prior covenants, conditions, and restrictions constitute
part of the rationale for this Resolution and are incorporated by reference.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this resolution is for any reason held to be invalid by the final decision
of any court of competent jurisdiction, such decision shall not affect the validity of
6 5287
the remaining portions of this Resolution. The Council hereby declares that it
would have adopted this Resolution and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof irrespective of the fact that any one or
more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be
declared invalid.
SECTION 6. That the City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 1st day of April, 1986.
ATTEST:
/s/ CHRISTINE VAN MAANEN
City Clerk of the City of Arcadia
/s/ DONALD PELLEGRINO
Mayor of the City of Arcadia
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
I, CHRISTINE VAN MAANEN, Clerk of the City of Arcadia; hereby certify
that the foregoing Resolution No. 5287 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 1st day of April, 1986, and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmen Gilb, Hannah, Lojeski, Young and Pellegrino
NOES: None
ABSENT: None
/s/ CHRISTINE VAN MAANEN
City Clerk of the City of Arcadia
EXHIBIT "A"
Area #1 Beginning at a point on easterly line of Michillinda Avenue, said point
being the southwesterly corner of Lot 36, Tract No. 15928; thence easterly along the
southerly boundary of said Tract No. 15928 and Tract No. 14428 to a point which is
the northwesterly corner of Lot 12, Tract No. 15960; thence southerly along the
westerly line of said Lot 12 and its prolongation thereof to its intersection with the
centerline of De Anza Place; thence southerly and easterly along said centerline to its
intersection with the centerline of Altura Road; thence southerly along said
centerline to its intersection with the centerline of Hugo Reid Drive; thence easterly
along said centerline to its intersection with the centerline of Golden West Avenue;
thence northwesterly along said centerline to its intersection with the centerline of
Tallac Drive; thence easterly along said centerline to its intersection with the easterly
line of Tract No. 13312; thence northerly and easterly along the easterly and
southerly boundary of said tract to the southeasterly corner of Lot No. 1 to its
intersection with the easterly line of Golden West Avenue; thence northerly along
said easterly line to its intersection with the southerly line of Vaquero Road; thence
easterly along said southerly line to its intersection with the easterly terminus line
of said Vaquero Road; thence northerly along said easterly line to its intersection
with the southerly line of Lot 17 of Tract No. 11215; thence easterly along said
southerly line to its intersection with the easterly line of aforementioned Tract No.
11215; thence northerly along said easterly line and its prolongation thereof to its
intersection with the centerline of Colorado Street; thence westerly along said
centerline to its intersection with the centerline of Altura Road; thence southerly
along said centerline to its intersection with the easterly prolongation of the
northerly line of Tract No. 17430; thence westerly along said northerly line to its
intersection with the easterly line of Michillinda Avenue; thence southerly along
said easterly line to the point of beginning, said point being the southwesterly corner
of Lot 36 of Tract No. 15928:
EXHIBIT "A" con
8 5287
EXHIBIT "A"
Area #2 Beginning at the northwesterly corner of Lot No. 62 of Tract No. 12786;
thence southerly along the westerly line of said Lot and its prolongation thereof to
its intersection with the centerline of Hugo' Reid Drive; thence easterly along said
center line to its intersection with the southerly prolongation of the easterly line of
Tract No. 14460; thence northerly along said easterly line to its intersection with the
northerly line of said tract; thence westerly along said northerly line to its
intersection with the westerly line of said Tract No. 14460; thence southwesterly
along said westerly line, and its southwesterly prolongation thereof, to its
intersection with the northeasterly corner of Lot No. 61 of Tract No. 12786; thence
westerly along the northerly line of said tract to the point of beginning, said point
being the northwesterly corner of Lot 62 of Tract No. 12786;
Area #3 All properties with that area bounded on the west by Baldwin Avenue,
on the north and east by Colorado Street and on the south by the southerly tract
boundaries of Tract Nos. 14940 and 15318.
EXHIBIT "A"
9 5287
Attachment No. 5
HOA 10 -02
1163 Encanto Drive
Attachment No. 5
prl Western Roofing Systems
2031 East Cerritos Avenue, Suite 7E, Anaheim, CA 92806
Office 714.778 -5163 Fax 714.778.0248
Regional Office 800.7668000
Contractors Lic. No. 675902
April 1, 2010
Lisa Flores
Senior Planner T
City Of Arcadia
240 W. Huntington Dr.
Arcadia, Ca 91066 -6021
Re: Ms. Terry Traver
1163 Encanto Dr.
Arcadia, Ca 91107
626 294 -9070
Dear Ms. Flores,
APR 01 1010
This letter is to initiate the appeal process on behalf of the above referenced property owners, for having
been denied an Application for Homeowners Association Architectural Design Review (Short Review
Procedure) for the re- roofmg of their home in Rancho Santa Anita Residence Association. The attached
denial application states that the Metro Shake II, Weathered Timber, stone coated steel roofing material
that had been conditionally approved, (and many times revised, at the direction of the board on at least ten
prior occasions) was rejected by Mr. Steve Mathison on behalf of the Architectural Review. Board "due to
appearance of material and installation details."
We believe that we have substantially and successfully demonstrated, to the satisfaction of the previous
A.R.B. Chairman, Mr. Tony Henrich and board at large, that the basic field material along with the many
details as prescribed on recent installations for example at 531 N. Monte Vista Rd., 1 Altura Rd. and 415
Cambridge Dr., that this material meets or exceeds at least the minimum design criteria standards
previously described to us and held to by other pre- approved materials.
At the previous Planning Commission Meeting in September of this year, they unaniknously ruled in favor
of our appeal and allowed for the most recent installation at the Sonneberg residence at 531 N. Monte Vista
Rd. Arcadia.
Please let me know what the next step is in the appeal process and I will happily comply.
Warren Cross,
Western Roofmg Systems
San Gabriel Valley Office
1522 Meadow Glen Way
Hacienda Heights, Ca 91745
Cell 626 786 -2477
Fax 626 912 -9014
/104
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Attachment No. 6
HOA 10 -02
1163 Encanto Drive
Attachment No. 6
Subject Property 1163 Encanto Drive
Attachment No. 7
HOA 10 -02
1163 Encanto Drive
Attachment No. 7
Metal Roof 541 Monte Vista Road (Approved by an appeal in 2009)
Metal Roof 411 Oxford Drive (Approved by an appeal in 2010)
Metal Roof 951 Volante Drive
Metal Roof 284 Renoak Way
Metal Roof 470 Cambridge Road
Metal Roof 412 Cambridge Road
Metal Roof 450 Cambridge Road
Metal Roof 428 Cambridge Road
Attachment No. 8
HOA 10 -02
1163 Encanto Drive
Attachment No. 8
Water Meter Location
Bridges
Fire Hydrants
Water Valve
Street Centerlines
Buffer
F parcels
ondo
parcel
Features
City Boundary
1
200
0
SCALE 1 3,474
200
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1 ki6 Cant. Dr.
400
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http: /arcadiagis /maps /water.mwf Tuesday. April '13. 2010 1(1 AM
April 27, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
STAFF REPORT
Development Services Department
SUBJECT: Administrative Single- Family Architectural Design Review No. Admin-
SFADR 10 -28 for a new front porch cover and replacement of two
patio covers at the rear of the existing single -story, single family
residence at 215 W. Naomi Avenue.
SUMMARY
The homeowner, Mr. Fausto G. Pachano submitted Administrative Single Family
Architectural Design Review No. Admin -SFADR 10 -28 for a new 270 square -foot
front porch cover and replacement of two patio covers (84 square feet and 128
square feet) at the rear of the existing, single -story, single family residence. The
Development Services Department is recommending denial of the proposal because
staff finds that the architectural design of the porch and patio covers are not
consistent with the City's Single- Family Residential Design Guidelines.
GENERAL INFORMATION
APPLICANT: Mr. Fausto G. Pachano (property owner)
LOCATION: 215 W. Naomi Avenue
REQUEST: Approval of an Administrative Single Family Design Review for a new
270 square -foot front porch cover and replacement of two patio
covers (84 square feet and 128 square feet) at the rear of the existing,
single -story, single family residence.
SITE AREA: Approximately 38,080 square feet (0.87 acres)
FRONTAGE: 113 feet along West Naomi Avenue
EXISTING LAND USE:
The site is improved with a 1,896 square -foot, one -story, single family
residence and a detached garage.
ZONING: R -1- 15,000 Single Family Residential with a 15,000 minimum lot
size requirement.
GENERAL PLAN DESIGNATION:
Single Family Residential with a density of 0 -6 dwelling units per acre.
SURROUNDING LAND USES ZONING:
The surrounding properties are developed with single family
residences and are zoned R -1- 15,000. The Arcadia Wash is adjacent
to the east side of the rear portion of the subject property.
PUBLIC HEARING NOTIFICATION
Public hearing notices of this Administrative Single Family Architectural Design Review
referral were mailed on April 16, 2010 to the property owners and /or occupants of
those properties that are within 100 feet of the subject property (see the attached
radius map). Because staff has determined that the proposed project is exempt from
the requirements of the California Environmental Quality Act (CEQA) the public
hearing notice was not published in the Arcadia Weekly newspaper.
BACKGROUND
The subject residence is a 1,896 square -foot, one -story home that was constructed in
1954. The applicant is adding a 270 square -foot front porch cover, and replacing two
rear patio covers of 84 square feet and 128 square feet. However, the applicant
began this work without design review approval or building permits.
Architectural design reviews for porches and patio covers are usually handled at the
administrative level; that is, over the counter, and they are usually minor
improvements and typically match the architecture of the existing structure.
However, staff is referring this design review to the Planning Commission because
the proposed improvements, while not particularly significant, are not clearly
architecturally compatible with the existing structure.
ANALYSIS
The existing residence appears to be an eclectic, Mediterranean /California -ranch
style based on the terracotta, S -tile roof, the off white, stucco walls, and the wide,
low- profile appearance. The roof has a low -pitch with a combination of hips and
gables. One of the existing rear patio covers is an extension of the roof, and the
other has a flat, shed -type cover extending out from the wall of the house. Both patio
covers had dark timber posts and beams.
Admin -SFADR 10 -28
215 W. Naomi Avenue
April 27, 2010 Page 2
The partially- constructed front porch cover and rear patio cover enhancements are of
Greek architectural style see the attached photos. The homeowner has added
pediments supported by Corinthian -style columns. The front porch cover has six
columns, and the rear patio covers each have two columns.
The homeowner has explained that the pediments will have moldings and cornices,
and that terracotta tiles will be added to the top edge of the pediments so that they
match the roof of the house. Attached are photos and sketches of this proposal. The
homeowner also explained that the front porch and driveway area and the rear patios
will be further enhanced by plants and /or fountains in Greek -style pots between or
adjacent to the columns. Some of these can be seen in the attached photos.
Architectural Design Review
The purpose of the City's Architectural Design Review Guidelines and Process as
stated in Section 9295 of the Municipal Code is to promote a desired level of quality
residential development that will do the following:
A. Contribute to a positive physical image and identity of single- family
development.
B. Allow diversity of style while promoting the positive design
characteristics existing throughout the City.
C. Provide guidance for the orderly development of the City and promote
high quality development.
D. Maintain and protect the property values by encouraging excellence in
architectural design that:
a. Will enhance the visual environment and character of the
community;
b. Will preserve and protect property values;
c. Is sensitive to both the site and its surroundings; and
d. Has been carefully considered with well- integrated features
that express a definite architectural style.
The interpretation and implementation of the Design Guidelines should be
based on the above purposes. Projects that are reviewed for compliance with
the Design Guidelines should meet the intent of the above purposes.
The Design Guidelines do not seek to impose an overriding style, a limited color
palette, or an artificial theme, but seek to promote the positive design
characteristics existing throughout the City.
The goal is to promote quality designs that have been carefully considered. It is
intended to promote designs that have well integrated features rather than
tacked on details. The Design Guidelines are less quantitative than mandatory
Admin -SFADR 10 -28
215 W. Naomi Avenue
April 27, 2010 Page 3
development standards and may be interpreted with reasonable flexibility in
their application to specific projects.
The applicability of the Single Family Residential Design Guidelines is stated as
follows on page three:
The guidelines are utilized during the City's architectural design review
process to ensure the highest level of design quality, while also allowing
room for flexibility in their application. The guidelines are "should"
statements; they express the City desires and expectations. Alternative
design features may be allowed if consistent with the intent of the guidelines,
or if such allowance will facilitate an innovative or otherwise preferable
design concept.
The Architectural Style section of the Guidelines (p.25) states the following:
Arcadia, like most other California cities, has a mix of architectural styles
within its residential neighborhoods. Consistency of design features within
traditional styles such as Ranch, American Colonial, Spanish, etc. has
served Arcadia well because it has enlivened the City with variety while
maintaining a distinctly traditional neighborhood character.
In recognizing the value of architectural diversity, the City does not seek to
dictate which styles are allowed, but rather to promote an awareness of
what makes different elements work together. Strict adherence to a single
architectural style is not required; however, combining too many elements
from several divergent styles often results in an incoherent design.
Generally, the City recommends choosing a single architectural style as a
starting point in the design process. Positive design features from other
styles may be incorporated if the various elements work together. Most
importantly, the overall architectural style should be compatible with the
surrounding neighborhood. Using similar features, colors, and materials
found in nearby homes is encouraged.
Although the Guidelines clearly allow for creativity and the combining of different
architectural styles, it is staff's opinion that the proposed front porch and rear patio
enhancements will not complement the existing house. The diversity mentioned by
the Guidelines is tempered by the "Additions Alterations" section of the Guidelines
(p.33) which state the following:
An addition should be designed to look like part of the original house. All
exterior treatments should match those of the existing house as closely
as possible.
Porch additions should match the scale and architectural style of the
existing house. In general, the eaves of the porch roof should align with
the first story.
Admin -SFADR 10 -28
215 W. Naomi Avenue
April 27, 2010 Page 4
Staff's opinion is that the proposed Greek -style of the porch and patio covers overtly
contrasts with the simple, low- profile appearance of the existing house, and that
these styles do not work well together. Therefore, staff recommends denial of the
applicant's request.
RECOMMENDATION
The Development Services Department recommends denial of Administrative Single
Family Architectural Design Review No. Admin -SFADR 10 -28 because the proposal
is inconsistent with the City's Single Family Residential Design Guidelines.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve Administrative Single- Family Design
Review No. Admin -SFADR 10 -28, the Commission should find the proposal to be
consistent with the Single Family Residential Design Guidelines based on the
evidence presented, and move to approve the project.
Denial
If the Planning Commission intends to deny Administrative Single Family Design
Review No. Admin -SFADR 10 -28, the Commission should find the proposal to be
inconsistent with the Single Family Residential Design Guidelines based on the
evidence presented, and move to deny the project.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the April 27, 2010 public hearing, please
contact Associate Planner, Thomas Li at (626) 574 -5447 or via email at
tli(c�ci.arcadia.ca.us.
Approved by:
Ji asama
ommunity Development Administrator
Attachments: Aerial Photograph and Zoning Map
Site Plan and Sketch of Front Elevation
Photographs of the Subject Property
100 -foot Radius Map
Admin -SFADR 10 -28
215 W. Naomi Avenue
April 27, 2010 Page 5
215 W Naomi Ave
Arcadia
Zone
Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, April 2010
215 W Naomi Avenue
Admin SFADR 10 -28
(238) (232) (226) (220) (212) (208) (200)
R -1
1
Development Services Department
Engineering Division
Prepared by. R.S.Gonzalez, April 2010
1 1 v
215 WNaomiAvenue
Admin. SFADR 10.28
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April 27, 2010
TO:
FROM:
SUBJECT:
SUMMARY
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
STAFF REPORT
Development Services Department
Revocation of Conditional Use Permit Application No. CUP 09 -09 (Resolution
1801) permitting a 960 square -foot expansion to an existing 2,040 square -foot
restaurant located at 510 -512 E. Live Oak Avenue.
On October 27, 2009, the Planning Commission approved CUP 09 -09 to permit Cafe
Fusion's previously unpermitted expansion into the adjacent 960 square -foot unit at 510-
512 E. Live Oak Avenue. Several conditions of approval were required to be satisfied
within 60 days and before the expansion area could continue to be used. After 60 days
following the adoption of Resolution 1801 (attached) staff conducted an inspection of the
subject business and found that the following conditions had not been complied with:
1. All karaoke and live entertainment equipment shall be removed from the premises.
2. All unpermitted signs shall be removed.
3. The bathroom facilities shall be upgraded to meet the Building Official's
requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory
for women.
4. Agreements /Covenants with the City of Arcadia as a party thereto in forms
approved by the City Attorney for the use of 16 off-site parking spaces at 600
618 E. Live Oak Avenue shall be executed and recorded in the Office of the
County Recorder.
At the February 9, 2010 Planning Commission meeting, staff informed the Commission
that the restaurant had not complied with the above conditions of approval within the
required 60 days. The Planning Commission directed staff to initiate revocation
proceedings.
At the March 9, 2010 Planning Commission meeting, the Planning Commission approved a
continuance of the revocation proceedings to April 27, 2010 to allow additional time to
secure the agreement of the property owner of 600 618 E. Live Oak Avenue to enter in
Agreements /Covenants with the City of Arcadia as a party thereto.
BACKGROUND INFORMATION
The following is a timeline of events related to CUP 09 -09:
September 2008: Code Services received a complaint of noise, loitering and loud
music at the subject property. During a site inspection, Code Services discovered
microphones, amplifiers, and other equipment for live entertainment and karaoke,
and that the restaurant had expanded into the adjacent commercial space. It was
also discovered that the existing restaurant was displaying unpermitted signs. A
notice of violation was issued to the owners of Cafe Fusion.
October 31, 2008: Code Services issued a citation to the owner of Cafe Fusion for
failure to address the violations.
November 11, 2008: Cafe Fusion filed Sign Design Review Application No. SADR
08-48 for a new channel letter front wall sign and a face change to the existing
projecting sign approved in May of 2009.
February 10, 2009: Code Services referred the violations for the unpermitted
restaurant expansion and live entertainment to the City Attorney.
May 14, 2009: The applicant submitted Conditional Use Permit Application No.
CUP 09 -09.
August 11, 2009: Conditional Use Permit Application No. CUP 09 -09 was
considered by the Planning Commission. At this meeting, the applicant proposed to
lease 20 parking spaces located at 405 Lynrose Street, which is approximately 900
feet from the restaurant. Because of the distance, staff recommended denial of the
application. Just prior to the meeting, the applicant submitted a written request to
the Planning Commission asking for a continuance to explore other parking
solutions. By a vote of 3 -1 with one Commissioner absent, the Planning
Commission granted a continuance to the September 22 meeting.
September 22, 2009: At this meeting, the applicant proposed to lease 16 parking
spaces from either the commercial strip mall to the north at 529 555 E. Live Oak
Avenue or the commercial strip mall to the east at 600 618 E. Live Oak Avenue.
In order to allow sufficient time for a detailed analysis of the proposed parking
arrangements and to issue an expanded public hearing notice, staff recommended
a continuance to the October 27, 2009 Planning Commission meeting. By a vote of
5 -0 the Planning Commission granted the continuance.
October 27, 2009: At this meeting, by a vote of 4 -1 the Planning Commission
conditionally approved CUP 09 -09 for the 960 square -foot restaurant expansion and
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
April 27, 2010 Page 2
use of 16 off -site parking spaces at 600 618 E. Live Oak Avenue in lieu of the on-
site required parking for the expansion. The staff report is attached.
November 24, 2009: Resolution 1801 for CUP 09 -09 was adopted by the Planning
Commission. Condition no. 12 of the resolution stated that all conditions of
approval shall be satisfied within 60 days and prior to use of the expansion area.
January 25, 2010: 60 days after the adoption of Resolution 1801, staff had not
been contacted about the required plumbing improvements or the parking
agreement /covenant. Upon contacting the restaurant manager of Cafe Fusion, staff
was informed that no progress had been made.
February 9, 2010: Staff presented a 60 -day report to the Planning Commission on
the status of compliance with the conditions of approval stated in Resolution 1801.
The report stated that none of the conditions of approval that were required to be
met within 60 days had been satisfied. These include upgrading the bathroom
facilities, filing a parking covenant, removing the unpermitted signage and live
entertainment equipment, and that the expansion area not be used for dining
purposes until all the conditions had been satisfied. The Planning Commission
directed staff to initiate revocation proceedings.
February 24, 2010: Staff issued the required notice to the applicant, business
owners, and property owner informing them that a public hearing will be held by the
Planning Commission at its regular meeting on March 9, 2010 to consider the
revocation of Conditional Use Permit No. CUP 09 -09.
March 9, 2010: The Planning Commission at their regular meeting held a
revocation hearing (see attached staff report) and granted conditional approval of a
continuance of the revocation proceedings to the April 27, 2010 meeting to allow
additional time to secure the agreement of the property owner at 600 618 E. Live
Oak Avenue to enter in Agreements /Covenants naming the City of Arcadia as a
party thereto. The condition of approval was that no further continuances shall be
granted for this application.
UPDATE ON STATUS OF COMPLIANCE
Since the March 9, 2010 Planning Commission Meeting, staff can report the following
progress on the conditions of approval:
The live entertainment and karaoke equipment have been removed from the
premises.
The unpermitted banner at the rear of the building has been removed.
Sign Architectural Design Review Application No. SADR 10 -16 was revised by the
applicant to conceal the raceway per staff's request. The sign contractor is
prepared to reinstall the sign pending execution of the Covenants /Agreements to
lease the 16 off -site parking spaces by the owner of 600 618 E. Live Oak Avenue.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
April 27, 2010 Page 3
The plans for the bathroom upgrades have been submitted to the City and are
ready for approval. The contractor is waiting for the Covenants /Agreements to lease
the 16 off -site parking spaces to be executed by the owner of 600 618 E. Live Oak
Avenue.
Following the March 9 Planning Commission meeting, the property owner of 600
618 E. Live Oak Avenue, Mr. Luc H. Ly, contacted staff stating that he is now willing
to enter into the required Agreements /Covenants necessary to allow Cafe Fusion to
lease 16 off -site parking spaces, provided that language is included in the
Agreements /Covenants stating that the City will not prevent either party from
terminating the Agreements /Covenants.
On March 19, 2010, the business owner of Cafe Fusion paid the $315 Covenant fee
and submitted documents needed to draft the Covenants /Agreements for off -site
parking. After reviewing the documents, staff informed the business owner that
additional documents were required in order to draft the Covenants /Agreements. On
April 15, 2010, the business owner of Cafe Fusion submitted the remaining
documents. The Office of the City Attorney is currently drafting the
Covenants /Agreements and anticipates they will be ready by the second week of
May.
RECOMMENDATION
The Development Services Department recommends revocation of Conditional Use Permit
No. CUP 09 -09 effective May 27, 2010 unless all the conditions of approval stated in
Resolution 1801 are satisfied prior to that effective date.
PLANNING COMMISSION ACTION
Staff's recommendation essentially continues the revocation process to May 27, 2010.
Some of the final delay in meeting the requirements for the parking
Covenants /Agreements was due to the hesitancy of the owner of 600 618 E. Live Oak
Avenue and his inability to readily provide the necessary real estate documents.
Revocation on May 27, 2010
If the Planning Commission intends to revoke Conditional Use Permit No. CUP 09 -09 on
May 27, 2010, the Commission should move for revocation effective May 27, 2010 unless
all the conditions of approval stated in Resolution 1801 are satisfied prior to that effective
date, and direct staff to prepare a resolution for adoption at the next meeting that
incorporates the Commission's decision, specific determinations and findings.
Immediate Revocation
If the Planning Commission intends to immediately revoke Conditional Use Permit No.
CUP 09 -09, the Commission should move for immediate revocation, state the supporting
findings, and direct staff to prepare a resolution for adoption at the next meeting that
incorporates the Commission's decision, specific determinations and findings.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
April 27, 2010 Page 4
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the April 27, 2010 public hearing, please contact Assistant
Planner, Tim Schwehr at (626) 574 -5422, or at tschwehr(a)_ci.arcadia.ca.us.
Approved by:
Jib- Kasama
Community Development Administrator
Attachments: Resolution 1801
October 27, 2009 Staff Report
March 9, 2010 Staff Report
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
April 27, 2010 Page 5
RESOLUTION NO. 1801
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 09 -09 FOR A 960 SQUARE -FOOT EXPANSION TO AN EXISTING
2,040 SQUARE -FOOT RESTAURANT LOCATED AT 510 -512 E. LIVE
OAK AVENUE, AND APPROVAL FOR THIS RESTAURANT TO UTILIZE
OFF -SITE PARKING AT 610 -618 E. LIVE OAK AVENUE IN LIEU OF
THE REQUIRED ON -SITE PARKING FOR THIS EXPANSION.
WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by
Michael Hsiao for a 960 square -foot expansion to an existing 2,040 square -foot
restaurant; Development Services Department Case No. CUP 09 -09, at property
commonly known as 510 -512 E. Live Oak Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on October
27, 2009, at which time all interested persons were given full opportunity to be heard
and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data provided by the Development Services
Department in the staff report dated October 27, 2009 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 09 -09 will not be
detrimental to the public health or welfare, or injurious to the property or improvements
in such zone or vicinity because the proposed project is a minor alteration of an existing
facility and is exempt from the California Environmental Quality Act (CEQA) as a Class
3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other
features including the shared parking with the other businesses in the same center, are
adequate to adjust said use with the land and uses in the neighborhood. The proposed
project complies with all related zoning requirements as set forth in the Arcadia
Municipal Code.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
5. That the granting of Conditional Use Permit No. CUP 09 -09 will not adversely
affect the comprehensive General Plan because the land use and current zoning are
consistent with the General Plan.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 09 -09 for a 960 square -foot expansion to an existing
2,040 square -foot restaurant, subject to the following conditions:
1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday
through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the
960 square -foot expansion area limited to 5:00 p.m. to 10:30 p.m., Sunday through
Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday.
2. There shall be no outdoor seating permitted.
3. There shall be no karaoke permitted, and any karaoke related equipment
shall be removed from the premises.
2 1801
4. Live entertainment shall not be permitted, and any live entertainment
equipment shall be removed from the premises.
5. The sale of beer and wine is to be incidental to the restaurant use. Sales for
off premise consumption or a bar -type use are not allowed. Beer and wine can only be
served in conjunction with the serving of meals.
6. The maximum number of seats shall be 82 or the maximum occupancy as
determined by Building Services and Fire Prevention, whichever is lower.
7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant
shall be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 09 -09.
8. A separate sign design review application shall be submitted to the City for
approval of all new signs on the premises. All unpermitted signs shall be removed.
9. The bathroom facilities shall be upgraded to meet the Building Official's
requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for
women.
10. Conditional Use Permit No. CUP 09 -09 includes a Parking Modification to
allow 14 on -site parking spaces and the use of 16 off -site parking spaces at 600 -618 E.
Live Oak Avenue. Agreements /Covenants with the City of Arcadia as a party thereto in
forms approved by the City Attorney for the off -site parking spaces shall be executed,
recorded in the Office of the County Recorder, and maintained at all times that the off
site parking is required for the use approved by CUP 09 -09. The
Agreements /Covenants shall be recorded for both the restaurant property at 510 -512 E.
Live Oak Avenue and the property where the supplemental off -site parking is to be
3
1801
maintained; 600 -618 E. Live Oak Avenue. This Parking Modification does not constitute
an approval of a general reduction or alteration of the parking requirements for the
subject property, but rather only for the restaurant that is herein conditionally approved.
Uses other than this restaurant shall be subject to a new Conditional Use Permit and /or
Parking Modification.
11. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the satisfaction
of the Building Official, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
12.AII conditions of approval shall be satisfied within 60 days and prior to use of
the expansion area. Noncompliance with the plans, provisions and conditions of
approval for CUP 09 -09 shall be grounds for immediate suspension or revocation of
any approvals, including the prior Conditional Use Permit, CUP 04 -02, which could
result in the closing of the entire restaurant.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
4 1801
the project and /or land use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attorney to
represent the City, its officers, employees, and agents in the defense of the matter.
14.Approval of CUP 09 -09 shall not take effect until the property owner(s), and
applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 24 day of November, 2009.
ATTEST:
ry
a ping Commission
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Chair" anning Commission
5
1801
October 27, 2009
TO: Arcadia Planning Commission
STAFF REPORT
Development Services Department
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 09 -09 for a 960 square -foot
expansion to an existing 2,040 square -foot restaurant located at 510 -512
E. Live Oak Avenue.
SUMMARY
The applicant is seeking a Conditional Use Permit and a parking modification to approve
an expansion of an existing 2,040 square -foot restaurant into an adjacent 960 square -foot
unit at 510 -512 E. Live Oak Avenue. To address a parking deficiency, the applicant is
proposing to lease 16 parking spaces from one or two nearby commercial strip malls. This
supplemental off -site parking arrangement was proposed at the September 22, 2009
Planning Commission meeting at which time the applicant was granted a continuance to
complete a parking study of the proposed sites, and for staff to issue an expanded public
hearing notification. It is staff's opinion that the supplemental off -site parking at either or
both locations is a feasible solution, and therefore, is recommending approval of
Conditional Use Permit No. CUP 09 -09 subject to the conditions listed in this report.
GENERAL INFORMATION
APPLICANT: Mr. Michael Hsiao, designer
LOCATION: 510 -512 E. Live Oak Avenue between Hempstead Ave. and Lenore Ave.
REQUEST: A Conditional Use Permit for a 960 square -foot expansion to an existing
2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue, with
an increase in seating from 68 seats to 82 seats. The hours of operation
for the expanded restaurant will be 11:00 a.m. to 10:30 p.m., Sunday
through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday, and
the hours for the 960 square -foot expansion area will be further limited to
5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5:00 pm to 11:30
pm, Friday and Saturday.
SITE AREA: 7,497 square feet (0.17 acres)
FRONTAGES: 50 feet along East Live Oak Avenue 50 feet along a rear alley
EXISTING LAND USE ZONING:
The site is improved with 3,000 square -feet of commercial space and a 14
space parking lot. The site is zoned C -2, General Commercial.
SURROUNDING LAND USES ZONING:
North: 4,832 square -foot retail center zoned C -2
South: Church parking lot zoned R -2 and a single family residence
located outside the city limits
East: 2,024 square -foot restaurant zoned C -2 (CUP 70 -09)
West: 8,890 square -foot retail complex with a restaurant zoned C -2
(CUP 90 -09)
GENERAL PLAN DESIGNATION:
Commercial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 09 -09 were mailed on
October 15, 2009 to the property owners, tenants and occupants of those properties that are
within 300 feet of the subject property and within 300 feet of the two commercial strip malls
that would provide the supplemental parking (see the attached radius map). Because Staff
considers the proposed project exempt from the requirements of the California
Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia
Weekly newspaper.
BACKGROUND INFORMATION
The subject property is developed with a one -story, two -unit commercial building and 14
space parking lot constructed in 1953. To the west is a six -unit commercial strip mall at
500 E. Live Oak Avenue, which includes a mix of small retail stores and a Japanese
restaurant. These retail stores and restaurant share on -site front and rear parking lots with
a total of 23 spaces. Adjacent to the subject property to the east is a Chinese restaurant
at 516 E. Live Oak Avenue that has its own 17 space parking lot to the rear of the building.
The subject business, which is currently known as Cafe Fusion, has been operating as a
restaurant since before the City required Conditional Use Permits for restaurants.
Therefore, there is no initial CUP for the restaurant use. However, on March 8, 2004, the
Planning Commission approved Conditional Use Permit No. CUP 04 -02 to allow for on -site
serving of beer and wine at the existing restaurant with 68 seats and operating hours of
11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday
and Saturday. Resolution No. 1704 for this CUP is attached to this report.
On August 11, 2009, the Arcadia Planning Commission considered Conditional Use
Permit Application No. CUP 09 -09, to legalize an existing 960 square -foot expansion of
the existing 2,040 square -foot restaurant. At this meeting, the applicant proposed to lease
20 parking spaces at 405 Lynrose Street, an industrial property that is approximately 900
feet from the subject restaurant. Because the proposed restaurant expansion is deficient
in parking, and the location of the leased parking was too far away, staff recommended
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 2
denial of CUP 09 -09. The applicant; however, requested a continuance to allow time to
explore other possible parking solutions. By a 3 -1 vote with 1 Commissioner absent, the
Planning Commission granted a continuance of application no. CUP 09 -09 to the
September 22, 2009 Planning Commission meeting. The continuance was granted with
the following conditions:
1. The illegal restaurant expansion into the adjacent unit at 512 E. Live Oak Avenue
shall be closed off and remain unused until further notice,
2. The restaurant shall have no more than 68 seats as specified in CUP 04 -02, and
3. The karaoke machine and all other equipment that could be used for live
entertainment shall be removed from the premises.
Following the August 11, 2009 meeting, staff inspected the site on multiple occasions and
found that the expansion area is not being used, but the entertainment equipment was still
in place. On September 22, 2009, the Planning Commission heard the continuance of
application no. CUP 09 -09 to legalize the existing 960 square -foot expansion of the
existing 2,040 square -foot restaurant. At this meeting, the applicant was proposing to
lease 16 parking spaces from a commercial strip mall across the street at 529 -555 E. Live
Oak Avenue, or from another nearby commercial strip mall located at 600 -618 E. Live Oak
Avenue. In order to allow time for a parking study of both potential lease sites, and for an
expanded public hearing notification to all the tenants, property owners, and residents
within 300 feet of the subject property and the two potential lease sites, staff
recommended a further continuance to the October 27, 2009 Planning Commission
meeting. By a 5 -0 vote, the Planning Commission granted this second continuance.
CODE VIOLATIONS
In September 2008, Code Services received a complaint of noise, loitering and loud music
at the subject property. During a site inspection, Code Services discovered microphones,
amplifiers, and other equipment for live entertainment or karaoke, and that the restaurant
had expanded into the adjacent commercial space. The applicant is currently not
permitted to have any live entertainment or karaoke at this business, and is not requesting
such as part of this application. It was also discovered that the existing restaurant was
displaying unpermitted signs. A notice of violation was issued to the owners of Cafe
Fusion for the following violations:
Unapproved expansion into the adjacent unit at 512 E. Live Oak Avenue,
Live entertainment without a permit, and
Display of signs without design review approval or permits from Building Services.
On October 31, 2008, Code Services issued a citation to the owner of Cafe Fusion for
failure to address the violations. On February 10, 2009, Code Services referred these
violations to the City Attorney. In May 2009, the applicant received design review approval
for two new signs to replace the unpermitted signs, but these signs have yet to be installed
and the illegal signs are still in place. Also in May 2009, the applicant submitted application
no. CUP 09 -09. During a site visit to evaluate the CUP application, staff observed that the
parking lots for the adjacent commercial properties at 500 E. Live Oak Avenue and 516 E.
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 3
Live Oak Avenue have prominently posted signs stating, "No Cafe Fusion Parking."
Photos of some of these signs are attached.
PROPOSAL AND ANALYSIS
The applicant is requesting approval of the illegal expansion of the existing 68 -seat, 2,040
square -foot restaurant into the adjacent 960 square -foot unit. This 960 square -foot space
was previously occupied by a beauty salon. The proposal includes increasing the seating
by 14 to a maximum of 82 patrons, and a Parking Modification to allow the use of an
additional 16 spaces at a nearby commercial strip mall.
The Building Official has reviewed the expanded floor plan and determined that it does not
meet the minimum bathroom fixture requirements for a restaurant with a seating capacity
of 82 seats. Bathrooms will have to be added or enlarged to meet the requirements of
1 toilet, 1 urinal, and 1 lavatory for men, and 2 toilets and 1 lavatory for women.
The applicant is proposing to reduce the restaurant hours from those approved by CUP
04 -02 as follows with the expansion area to only be used after 5:00 p.m.:
Parking
CUP 04 -02
11:00 a.m. 11:30 p.m., Sun Wed
11:00 a.m. 1:00 a.m., Thur Sat
There is a surface parking lot at 510 -512 E. Live Oak Avenue with 14 parking spaces; 13
standard spaces, and 1 handicap space. By Code, the expanded restaurant requires 30
parking spaces (10 spaces per 1,000 gross square -feet) and is therefore deficient 16
spaces. However, the CUP 04 -02 included a Parking Modification for 16 parking spaces in
lieu of 25 required (20 spaces for the restaurant and 5 spaces for the beauty salon). The
providing of a handicap space and loading area has resulted in the number of parking
spaces being reduced to 14. Therefore, the current Parking Modification for the existing
restaurant without the expansion is 9 spaces in lieu of 20; a deficiency of 11 spaces.
The Parking Modification approved by CUP 04 -02 equates to 9 spaces for 68 seats, a ratio
of 1 parking space for every 7.55 seats. Without the additional 16 off -site parking spaces,
the on -site Parking Modification requested as part of this application would result in 14
spaces for 82 seats; a ratio of 1 parking space for every 5.86 seats, which would be an
improved ratio if parking were required on a per seat basis.
There is on- street parking available along this side of Live Oak Avenue; however, it is
limited due to the location of a bus stop. The streets running south of Live Oak Avenue;
Hempstead Avenue and Lenore Avenue, also allow for on- street parking. However, these
streets lead to residential neighborhoods and are not well- suited for commercial parking.
Supplemental Parking at 529 -555 E. Live Oak Avenue
CUP 09 -09
11:00 a.m. 10:30 p.m., Sun Thur
11:00 a.m. 11:30 p.m., Fri Sat
To address the parking deficiency, the applicant has come to terms with the owners of the
commercial property across the street at 529 -555 E. Live Oak Avenue, Ms. Susan Tsai
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 4
and Mr. Spencer Tsai, to lease 16 parking spaces. Copies of sample agreements are
attached to this report. According to City code, required parking spaces must be located
either, on the same lot or site, or within 100 feet of the building or land use that the parking
spaces will serve. Because 529 -555 E. Live Oak Avenue is within 100 feet of the subject
property, surplus parking spaces at this site can be used for Cafe Fusion.
The property at 529 -555 E. Live Oak Avenue currently has 27 parking spaces on -site. The
code requirement for that property is 26 parking spaces; 12 spaces for the office uses, 5
spaces for the retail uses, and 9 spaces for a restaurant. A vacant, free standing, former
automobile service garage is also on this site. But, since the gas station that accompanied
this building was removed, parking is not being ascribed to this structure. Therefore, there
is a surplus of 1 parking space at 529 -555 E. Live Oak Avenue. Observations of this
commercial center indicate that much of the parking is underutilized, particularly in the
evening. The majority of the site is general office with typical business hours, and the two
retail uses are a nail salon that closes at 7:00 p.m. on weekdays, and a take -out only
eating establishment. In addition, the restaurant (CUP 07 -06) is currently unoccupied.
The applicant provided the attached sample parking study for a 2 week period showing the
number of available parking spaces at this location. Available parking spaces were
counted once per hour from 11 a.m. to 10 p.m. each day. The results show that parking at
this location is busiest during weekday business hours (11 a.m. to 5 p.m.) when
approximately 50 -75% of the parking is occupied. Starting at 5 p.m. the use of these
spaces drops significantly to roughly 25 These numbers indicate that there would be an
average surplus of 7 -13 parking spaces from 11:00 a.m. 5:00 p.m. and 20 surplus
spaces after 5:00 p.m. and on weekends. Staff conducted its own observations during
weekday business hours and verified that not more than 75% of the parking is utilized at
this center. But, this is with the restaurant unoccupied.
Additionally, a new office building is proposed for this site. In July 2008, Planning Services
approved Architectural Design Review No. ADR 08 -06 for a new 2,316 square -foot, two
story office building to be adjacent to the existing 1,047 square -foot, free standing, former
automobile service garage that is to be converted into general office space. In July 2009,
Modification No. MC 09 -24 was approved by the Modification Committee to permit a 5' -0"
street -side yard setback along Sixth Avenue in lieu of the 65' -0" Special Setback to allow
the new building to align with the existing free standing building. On September 17, 2009,
a building permit was issued for this new office building. For these approvals, a new
parking lot was designed for 529 -555 E. Live Oak Avenue that will result in 35 parking
spaces as shown on the attached site plan. The parking requirement for this site with the
approved office building is 35 spaces. Therefore, with the new building, there will be no
surplus parking. But, because the new building will be for general office uses, and is
adding 8 parking spaces to the site, staff believes that much of the parking will remain
underutilized, and therefore the parking study's estimate of 20 surplus parking spaces on-
site during evening hours and weekends is not expected to change.
Supplemental Parking at 600 -618 E. Live Oak Avenue
As an alternative, Cafe Fusion has also entered into discussions with the owners of 600-
618 E. Live Oak Avenue to lease parking spaces at this site, which is approximately 130
feet away to the east across Hempstead Avenue. This would be an additional aspect to
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 5
the parking modification if this property were used for supplemental parking by Cafe
Fusion. Sample agreements are attached.
600 -618 E. Live Oak Avenue has 58 parking spaces for 8,540 square -feet of commercial
space that currently contains a mix of medical and retail uses, along with one restaurant.
The current parking requirement for these uses is 57 spaces as detailed below, which
means there is a surplus of 1 space:
Address
600
602
606
608
610
612
614
616
618
Totals
Parking Requirements
Use
Restaurant
Retail
Medical
Medical
Medical
Retail
Retail
Retail
Retail
for 600 -618 E. Live Oak Ave.
Floor Area
1,175 sq. ft.
1,075 sq. ft.
1,019 sq. ft.
995 sq. ft.
995 sq. ft.
995 sq. ft.
995 sq. ft.
995 sq. ft.
1,291 sq. ft.
8,540 sq. ft.
Spaces Required
11.8
5.4
6.1
6.0
6.0
5.0
5.0
5.0
6.5
56.8
The applicant provided the attached sample parking study for a 2 week period showing the
number of available parking spaces at this location. Parking spaces were counted once
per hour from 11:00 a.m. to 10:00 p.m. each day. The results show that this center is
busiest during weekends and on weekday evenings, but only about 50% of the parking is
utilized. These numbers indicate that there would be a surplus of approximately 25
parking spaces even during the busiest time at this center. Staff conducted its own
observations during weekday business hours and found that most of the parking at this
center is not utilized at these times.
Noise and Entertainment
The complaints to Code Services about the subject business from nearby residents
included noise and loud conversations, late night loitering of patrons, and loud music. Cafe
Fusion does not have an Entertainment Permit, and therefore is not permitted to have live
entertainment at this location. An Entertainment Permit requires a public hearing before
the Business Permit and License Review Board, and karaoke requires an approve CUP.
Neither live entertainment, nor karaoke is being requested as part of this CUP application.
Economic Development
The City's Economic Development Manager has reviewed this application, and states that
from an Economic Development perspective, an approval of the Cafe Fusion expansion
would be a positive sign for commercial businesses and property owners during these
difficult economic times, and would be especially good for the East Live Oak Avenue
business district, which has not had the success of other commercial areas of the City.
The expansion of Cafe Fusion underscores the most positive aspects of private business
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 6
and private investment, and their growth, and additional investment by the business owner
should be encouraged.
Public Comments
In response to the initial public hearing notice mailed on July 30, 2009 staff received a
telephone call from Mr. Gerry Wilson, who resides at 5700 Lenore Avenue and is a Senior
Pastor at Arcadia Friends Church at 5705 Lenore Avenue. Mr. Wilson expressed his
opposition to the requested restaurant expansion. He stated that he and other neighbors
are fed up with the parking problems and late -night drinking. Patrons use the church
parking lot and residential areas to park, and he believes that the restaurant is operating
beyond 1:00 a.m. on weekends because he has been woken up at 2:00 a.m. on multiple
occasions. He also believes they are serving alcoholic beverages other than just beer and
wine. Mr. Wilson also sent an email to staff stating his opposition to CUP 09 -09, which is
attached to this report.
In response to the recent public hearing notice mailed on October 15, 2009, Mr. Gerry
Wilson contacted Staff and expressed his continued concern about the restaurant
expansion. Mr. Wilson did comment that if the expansion is approved, he is in favor of the
proposal to lease off street parking and reduce the restaurant hours as a way of
addressing his concerns.
Conclusion
Based on the supplemental information showing that parking is available at either potential
lease site, staff is recommending approval of Conditional Use Permit No. CUP 09 -09,
subject to the conditions listed in this report, including Parking Modifications to allow the
leasing and use of 16 off-site parking spaces located at 529 -555 E. Live Oak Avenue; 600-
618 E. Live Oak Avenue; or another location within 130 feet of the subject property.
A denial of Conditional Use Permit Application No. CUP 09 -09 would allow Cafe Fusion to
continue operating as a 68 -seat, 2,040 square -foot restaurant, with a parking deficiency of
11 spaces, on -site beer and wine service, and the late operating hours approved by CUP
04 -02, but without live entertainment and /or karaoke. This proposal, by eliminating the
late operating hours could make this restaurant more compatible with the nearby
residences.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, parking and site design, and adjacent rights -of -way improvements are required to
be complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from any
further environmental assessment. If approved, however, and if it is determined that no
significant physical alterations to the property are necessary, then this project is
categorically exempt from further environmental review pursuant to the provisions of the
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 7
California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per
Section 15303(c) of the CEQA Guidelines as a conversion of a small structure under
10,000 square feet in floor area. A Preliminary Exemption Assessment is attached to this
staff report.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit
to be granted, it must be found that all of the following prerequisite conditions can be
satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
It is staffs opinion that the proposed restaurant expansion could satisfy all of the
prerequisite conditions.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use Permit
Application No. CUP 09 -09, subject to the following conditions:
1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through
Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960
square -foot expansion area limited to 5:00 p.m. to 10:30 pm, Sunday through
Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday.
2. There shall be no outdoor seating permitted.
3. There shall be no karaoke permitted.
4. Live entertainment shall not be permitted unless a separate Entertainment Permit
is obtained.
5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off
premise consumption or a bar -type use is not allowed. Beer and wine can only be
served in conjunction with the serving of meals.
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 8
6. The maximum number of seats shall be the lesser of 82 or the maximum
occupancy as determined by the Building Official and Fire Marshal.
7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant shall
be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 09 -09.
8. A separate sign design review application shall be submitted for all new signs on
the premises. All unpermitted signs shall be removed.
9. The bathroom facilities shall be upgraded to the satisfaction of the Building Official
to meet the Building and /or Plumbing Code requirement of 1 urinal, 1 toilet, and 1
lavatory for men, and 2 toilets and 1 lavatory for women.
10. CUP 09 -09 includes a Parking Modification to allow 14 on -site parking spaces and
the use of 16 off -site parking spaces at locations deemed suitable by the
Development Services Director or designee and located within 130 feet of the
subject property. Agreements /covenants with the City of Arcadia as a party thereto
in forms approved by the City Attorney for the off -site parking spaces shall be
executed and maintained at all times that the off -site parking is required for the use
approved by CUP 09 -09. This Parking Modification does not constitute an approval
of a general reduction or alteration of the parking requirements for the subject
property, but rather only for the restaurant that is herein conditionally approved.
Uses other than this restaurant shall be subject to a new Conditional Use Permit
and /or Parking Modification.
11. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design shall be complied with to the satisfaction of
the Building Official, City Engineer, Community Development Administrator, Fire
Marshal, and Public Works Services Director.
12. All conditions of approval shall be satisfied within 60 days. Noncompliance with the
plans, provisions and conditions of approval for CUP 09 -09 shall be grounds for
immediate suspension or revocation of any approvals, including the prior
Conditional Use Permit, CUP 04 -02, which could result in the closing of the entire
restaurant.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and /or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 9
14. Approval of CUP 09 -09 shall not take effect until the property owner(s), and
applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this application, the Commission should
move to approve Conditional Use Permit Application No. CUP 09 -09; state the supporting
findings and environmental determination, and direct staff to prepare a resolution
incorporating the Commission's decision, specific determinations and findings, and the
conditions of approval for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this application, the Commission should move
to deny Conditional Use Permit Application No. CUP 09 -09; state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
resolution incorporating the Commission's decision and specific findings for adoption at
the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the October 27, 2009 public hearing, please contact Assistant
Planner, Tim Schwehr at (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us.
Approved by:
J' asama
ommunity Development Administrator
Attachments: Aerial Photo Vicinity Map
300 -foot radius map
Resolution No. 1704 for CUP 04 -02
Photos of "No Cafe Fusion Parking" signs
Site Plan Floor Plan
Photos of subject site and surrounding uses
Sample agreements for 529 E. Live Oak Ave.
Parking Study for 529 E. Live Oak Ave.
Sample agreements for 600 -618 E. Live Oak Ave.
Parking Study for 600 E. Live Oak Ave.
Email of opposition
Preliminary Exemption Assessment
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 10
510 -512 E Live Oak Ave
Arcadia
Zone
600 -618
E Live Oak Ave
Development Services Department
Engineering Division
Prepared by. R.S.Gonzalez, October 2009
510 -512 E Live Oak Avenue
CUP 09 -09
=_J
Development Services Department
Engineering Division
Prepared by: R.S.Gonzatez, October 2009
510.512 E Live Oak Avenue
CUP 09 -09
Ore SUE MORENO
(626) 350 -5944
OWNERSHIP 1 OCCUPANTS UST
RADIUS MAPS LAND USE PLANS
MUNICIPAL COMPLIANCE CONSULTING
2106 LAMBERT AVE.EL MONTE, CA 91732 FAX(826)350 -1532
PROJECT INFORMATIC.4
510, 529 -555, 600 -618 E. LIVE OAK, AVE.
ARCADIA, CA.
09 -208
SCALE 1" 200'
RESOLUTION NO. 1704
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 2004 -002 FOR THE SALE OF BEER AND WINE IN AN EXISTING
2,000 SQ.FT. RESTAURANT (D.B.A. CAFE FUSION) WITH 68 SEATS
AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY
THROUGH THURSDAY, AND 11:00 A.M. TO 1:00 A.M., FRIDAY AND
SATURDAY, AT 510 E. LIVE OAK AVENUE.
WHEREAS, on March 8, 2004, a conditional use permit application was filed
by C. C. Chang, agent of Cafe Fusion, for the sale of beer and wine in an existing 2,000
sq.ft. Restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours 11:00 a.m. to
11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and
Saturday (Development Services Department Case No. CUP 2004 -002) at property
commonly known as 510 E. Live Oak Avenue; and
WHEREAS, a public hearing was held on April 27, 2004, at which time all
interested persons were given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA.RESOLVES AS.FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or
vicinity because the initial study did not disclose any substantial adverse effects to the
area affected by the proposed project.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use Is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other
features including the shared parking with the neighboring business, are adequate to
adjust said use with the land and uses in the neighborhood. The proposed project
complies with all related zoning requirements as set forth in the Arcadia Municipal Code.
4. That the site abuts streets and highways adequate in width and pavement
all type to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan because the land use and current zoning are consistent
with the General Plan.
6. That the use applied for will not have a substantial adverse impact on the
environment, and that based upon the record as a whole there is no evidence that the
proposed project will have any potential for an adverse effect on wildlife resources or the
habitat upon which the wildlife depends.
SECTION 3. That for the foregoing reasons this commission grants
Conditional Use Permit no. CUP 2004 -002 for the sale of beer and wine in an existing
2,000 sq.ft. restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours of 11:00
a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and
Saturday at 510 E. Live Oak Avenue, upon the following conditions:
1. The hours of operation shall be limited to 11:00 a.m. to 11:30 p.m., Sunday
through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday.
2. There shall be no outdoor seating permitted.
3. The sale of beer and wine is incidental to the restaurant use only and is not
intended for off premise consumption or a bar use.
4. The maximum number of seats shall be 68 or the maximum occupancy as
determined by Building Services, whichever is lower.
5. The use approved by CUP 2004 -002 is limited to the restaurant. The
restaurant shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 2004 -002.
6. A separate sign design review application shall be submitted for all new signs
on the premises.
7. Any exterior alteration to the building requires the filing and approval of a
design review application.
8. All conditions of approval shall be complied with prior to opening the
restaurant. Noncompliance with the plans, provisions and conditions of approval for
CUP 2004-002 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the restaurant.
9. Approval of CUP 2004-002 shall not take effect until the property owner(s),
and applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
2
1704
10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and /or land use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attomey to
represent the City, its officers, employees, and agents in the defense of the matter.
SECTION 4. The decision, findings and conditions contained in this Resolution
reflect the Commission's action of April 27, 2004, by the following votes:
AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian
NOES: none
SECTION 5. The Secretary shall certify to the adoption of this Resolution and
shall cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular
meeting of the Planning Commission held on the 27 day of April, 2004, by the following
votes:
AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian
NOES: none
ecretary, anni mission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
3
Chairman, Planning Commission
City of Arcadia
1704
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PARKING SPACES LEASE AGREEMENT
Susan Tsai, Spencer Tsai (Leaser) and Cafe Fusion (Lessee) agree as follow:
1. PROPERTY:
Leaser rents to Lessee and Lessee rents from Leaser, the real property and improvements
described as:
16 regular parking spaces located at 529 E. Live Oak Ave., Arcadia, CA 91006
2. TERM:
The term begins on September 1, 2009 (Commencement Date):
Month to Month and continues as month to month tenancy. Lessee may terminate the tenancy
by giving written notice at least 30 days prior to the intended termination date. Leaser may
terminate the tenancy by giving written notice as provided by law. Such notices may be given on
any date.
3. RENT:
Rent shall mean all monetary obligations of Lessee to Leaser under the terms of the Agreement,
except security deposit.
A. Lessee agrees to pay $200 per month for the term of the Agreement.
B. Rent is payable in advance on the 5th day of each calendar month, and is delinquent on the
next day.
C. PAYMENT: Rent shall be paid by cash or check, to
Susan Tsai, Spencer Tsai
529 E. Live Oak Ave., Arcadia, CA 91006
If any payment is returned for non sufficient funds or other reason then all future Rent shall be
paid by cash.
4. SECURITY DEPOSIT:
A. Lessee agrees to pay $200 as a security deposit. Security deposit will be transferred to and
held by the Owner of the Premises.
B. Security deposit shall not be used by Lessee in lieu of payment of last month's rent. All
or any portion of the security deposit may be used as reasonably necessary. If all or any portion
of the security deposit is used during the tenancy, Lessee agrees to reinstate the total security
deposit within five days after written notice is delivered to Lessee.
C. No interest will be paid on security deposit.
5. LATE CHARGE; RETURNED CHECKS:
Lessee acknowledges either late payment of Rent or issuance of a returned check may cause
Leaser to incur costs and expenses, the exact amounts of which are extremely difficult and
impractical to determine. If any installment of Rent due from Lessee is not received by Leaser
within 5 calendar days after the date due, or if a check is returned, Lessee shall pay to Leaser
$50.00 as Late Charge and $20.00 as a NSF fee for the first returned check and $30.00 as a NSF
fee for each additional retttrned check, either or both of which shall be deemed additional Rent.
6. MAINTENANCE:
A. Lessee shall properly use, operate and safeguard Premises, including if applicable, any
landscaping and all mechanic 1, electrical, gas and plumbing fixtures, and keep them and the
Premises clean and sanitary. Lessee shall immediately notify Leaser, in writing, of any problem,
malfunction or damage. Lessee shall be charged for all repairs or replacements caused by Lessee.
Lessee shall be charged for all damage to Premises as a result of failure to report a problem in a
timely manner.
B. Lessee's failure to maintai any item for which Lessee is responsible shall give Leaser the
right to hire someone to perfo such maintenance and charge Lessee to cover the cost of such
maintenance.
7. RULES AND REGULATIO
Lessee agrees to comply with
Premises or delivered to Less
Lessee shall not, disturb, ann
neighbors, or use the Premise
manufacturing, selling, storin
or ordinance, or commit a w
8. ALTERATIONS AND REP
Without Leaser's prior writte
impr vements in or about the
9. OT R TERMS AND CO
Leaser will not responsible
vehi les.
Lessee
Su Mei Wang, Cafe Fusion
easer
Susan Tsai, Spencer Tsai
S:
11 Leaser rules and regulations that are at any time posted on the
e. Lessee shall not, and shall ensure that guests and licensees of
y, endanger or interfere with other tenants of the building or
for any unlawful purposes, including, but not limited to, using,
or transporting illicit drugs or other contraband, or violate any law
to or nuisance on or about the Premises.
IRS:
consent, Lessee shall not make any repairs, alterations or
remises.
ITIONS:
r the damages or personal properties loss of the parked
Ci
Date
08/25/2009
Date
1
0
08 25/2009
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney City of Arcadia
P. O. Box 60021
Arcadia, CA 91066 -6021
COVENANT AND AGREEMENT REGARDING
OFF STREET PARKING AND COMPLY WITH
CITY OF ARCADIA PARKING REQUIREMENTS
This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section
9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the
use at 529 -555 E. Live Oak Avenue as specifically described below meets City of Arcadia
parking requirements. This Covenant and Agreement is also made with reference to a Lease
Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant.
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which
is hereby acknowledged,
SU MEI WANG (LEASEE) AND
SUSAN TSAI AND SPENSER TSAI (LEASER)
Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers
of that certain real property located at 529 -555 E. Live Oak Avenue, in the City of Arcadia,
County of Los Angeles, State of California, legally described as follow:
Tract No. 11382 Lot 6
All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as
part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of
Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and
for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and
contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land"
which consists of and includes all the public and private land located within 500 feet of the
Affected Land as follow:
1. In consideration of the City's grant of a Conditional Use Permit for the purpose of
conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to
provide adequate parking consistent with standards in the City Zoning Ordinances sections
9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant
business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current
parking requirements of the City are not satisfied. This shall include any action pursuant to the
Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or
be terminated so as to result in inadequate parking pursuant to City Code requirements for the
business at 510 -512 E. Live Oak Avenue.
2
2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs,
successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted
Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this
Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors
and assigns of the Covenantor.
3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal
representative of the residents of the City of Arcadia and more particularly as the legal
representative of all the owners of the Benefitted Land is hereby authorized to enforce the
provisions of this Covenant and Agreement.
4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live
Oak Avenue as specifically described above by allowing the use at the facility to meet City
Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are
not being complied with and the restaurant use at such premises shall not be a permitted use
pending compliance with the parking requirements of the City of Arcadia.
5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and
Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the validity of the remaining portions of
this Covenant and Agreement.
IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown
opposite its signature.
"COVENANTOR"
Su Mei Wang Date
"COVENANTOR"
Susan Tsai and Spencer Tsai Date
"COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation
City Manager Date
APPROVED AS TO FORM:
City Attorney Date
11EL
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CA.LI FORNIA
4`■' ASSOCIATION
Ny OF REALTORS
Date (For reference only): september 21, 2009
COMMERCIAL LEASE AGREEMENT
(C.A.R. Form CL, Revised 10/01)
FAITHKAY,LLC "Landlord and
car* FUSION ('Tenant agree as follows:
1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 600 E. LIVE OAK AVE.
ARCADIA, CA 91006 (PARKING LOT) "Premises which
comprise approximately of the total square footage of rentable space in the entire property. See exhibit for a further
description of the Premises.
2. TERM: The term begins on (date) October 1, 2009 "Commencement Date
(Check A or B):
A. Lease: and shall terminate on (date) at AM PM. Any holding over after the
term of this agreement expires, with Landlord's consent, shall create a month -to -month tenancy that either party may terminate as specified in
paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and
conditions of this agreement shall remain in full force and effect.
B. Month -to- month: and continues as a month-tomonth tenancy. Either party may terminate the tenancy by giving written notice to the other at
least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date.
C. RENEWAL OR EXTENSION TERMS: See attached addendum
3. BASE RENT:
A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:)
(1) 200.00 per month, for the term of the agreement.
(2) per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of
each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All Urban Consumers "CPI for
(the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI
preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the
Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the
adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely
reflects the CPI.
(3) per month for the period commencing and ending and
per month for the period commencing and ending and
per month for the period commencing and ending
(4) In accordance with the attached rent schedule.
(5) Other:
B. Base Rent is payable in advance on the 1st (or day of each calendar month, and is delinquent on the next day.
C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based
on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month
shall be prorated based on a 30 -day period.
4. RENT:
A. Definition: "Rent shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.
B. Payment: Rent shall be paid to (Name) at (address)
or at any other
location specified by Landlord in writing to Tenant.
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on
If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent, and (ii) Tenant is
is not obligated to pay Rent other than Base Renti Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is
obligated to comply with all other terms of this agreement.
6. SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord as a security deposit. Tenant agrees not to hold Broker responsible for its return.
(IF CHECKED:) If Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion
as the increase in Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenants default in payment of Rent, late charges,
non sufficient funds "NSF fees, or other sums due; (II) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or
licensee of Tenant; (ID) broom clean the Premises if necessary, upon termination of tenancy; and (Iv) cover any other unfulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the
security deposit is used during tenancy, Tenant arees to reinstate the total security deposit within 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives pos ession of the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the
amount of any security deposit received and the basis for its disposition, and (it) return any remaining portion of security deposit to Tenant.
However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after
deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit, unless required by local ordinance.
The copyright laws of the United States (Title 17 U.S.; Code) forbid the
unauthorized reproduction of this form, or any portion thereof, by photocopy
machine or any other means, including facsimile or computerized formats.
Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
ALL RIGHTS RESERVED.
CL REVISED 10/01 (PAGE 1 of 6)
Landlord's Initials
Tenant's Initials (Ate
COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6)
Reviewed by
Date
tbUM NOUANG
OPPORTUNITY
Agent: Jim Lek Phone: (46) 285 8333 Fax: (626) 236 9200
Broker: Ko Tai Realty 802 E Mission Rd, San!Gabriei CA 91776
Prepared using WINForms® software
600 E. LIVE OAK AVE. 1 ADIA, CA 91006 (PARKING LOT)
Premises: Date September 21, 2009
7. PAYMENTS:
TO SAL DUE PAYMENT
RECEIVED BALANCE DUE DUE DATE
A. Rent: From 10/01/2009 To 200.00 200.00 10/01/09
Date Date
B. Security Deposit
C. Other:
Category
D. Other:
Category
E. Total: 200.00 200.00
8. PARKING: Tenant is entitled to 16 unreserved and reserved vehicle parking spaces. The right
to parking is is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall
be an additional per month, Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats,
campers, buses or trucks (other than pick -up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles
leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable
vehicles is not allowed in parking space(s) or elsewhere the Premises. No overnight parking is permitted.
9. ADDITIONAL STORAGE: Storage is permitted as follows:
The right to additional storage space is is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent,
storage space shall be an additional per month. Tenant shall store only personal property that Tenant owns, and shall not
store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or
perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the
clean -up of any contamination caused by Tenant's use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord
to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is
not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively,
20.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenants late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge
or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and
remedies under this agreement, and as provided by law,
11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the
following exceptions:
Items listed as exceptions shall be dealt with in the following manner:
12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances "Laws Landlord
makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation
regarding all applicable Laws.
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant
14. PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common
area maintenance, consolidated utility and service bails, insurance, and real estate taxes, based on the ratio of the square footage of the Premises
to the total square footage of the rentable space in the entire property.
OR B. (If checked) Paragraph 14 does not apply.
16. USE: The Premises are for the sole use as
No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing
property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16. RULES /REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any
time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy,
endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to,
using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or
nuisance on or about the Premises.
17. MAINTENANCE:
A. Tenant OR (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and
water systems, if any, and keep glass, windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain
the Premises, Landlord may contract for or perform Such maintenance, and charge Tenant for Landlord's cost.
B. Landlord OR❑ (If checked, Tenant) shall maintain the roof, foundation, exterior walls, common areas and
Landlord's Initials t%`
Tenant's Initials 7
Copyright 1998-2009, CALIFORNIA ASSOCIATION OF REALTORS INC.
CL REVISED 10/01 (PAGE 2 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6)
Reviewed by Date
FUSION
SOUL HOUSING
OPPORTUNITY
600 E. LIVE OAK AVE. 'ADIA; CA 91006 (PARKING LOT)
Premises:
18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's
prior written consent, which shall not be unreasonablyl withheld. Any alterations to the Premises shall be done according to Law and with required
permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a
Notice of Non Responsibility to prevent potential lien against Landlord's interest in the Premises. Landlord may also require Tenant to provide
Landlord with lien releases from any contractor performing work on the Premises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord
shall be responsible for any other alterations required by Law.
20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed
repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants,
mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient
notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.
21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90
(or 0 day period preceding the temiination of the agreement.
22. SUBLETTING /ASSIGNMENT: Tenant shall not sublet Or encumber all or any part of Premises, or assign or transfer this agreement or any interest in
it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting,
assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null
and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an
application and credit information for Landlord's approd and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's
consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and
does not release Tenant of Tenant's obligation under this agreement.
23. POSSESSION: If Landlord is unable to deliver posses ion of Premises on Commencement Date, such date shall be extended to the date on which
possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to
deliver possession within 60 (or❑ calendar days after the agreed Commencement Date, Tenant may terminate this agreement by
giving written notice to Landlord, and shall be refunded ell Rent and security deposit paid.
24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (I) give Landlord all copies of all keys or
opening devices to Premises, including any common areas; (Ii) vacate Premises and surrender it to Landlord empty of all persons and personal
property; (iii) vacate all parking and storage spaces; (Iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v)
clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii)
All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may
nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant.
25. BREACH OF CONTRACT /EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement,
abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by
paragraph 24, Tenant shall also be responsible for Idst rent, rental commissions, advertising expenses, and painting costs necessary to ready
Premises for re- rental. Landlord may also recover from tenant: (I) the worth, at the time of award, of the unpaid Rent that had been earned at the time
of termination; (il) the worth, at the time of award, of thel amount by which the unpaid Rent that would have been earned after expiration until the time
of award exceeds the amount of such rental loss the Te'nant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of
the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves
could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to
possession, by either written notice of termination of possession or by relenting the Premises to another who takes possession, and Landlord may
enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due.
26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other
casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete
such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If
Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this
agreement by giving the other written notice. Rent she be abated as of the date of damage. The abated amount shall be the current monthly Base
Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent
to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only
Landlord shall have the right of termination, and no reduction in Rent shall be made.
27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of
which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of
Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of
removal and remediation, or any clean -up of any contamination caused by Tenant.
28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is
given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures,
belong to Landlord.
29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire,
theft, vandalism, rain, water, criminal or negligent acts Of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect
Tenant from any such loss. In addition, Tenant shall carry insurance in an amount of not less than Tenant's liability
insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate
of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least
plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry
business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain
a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for
loss or damage covered by insurance.
Landlord's Initials (vim 1
Tenant's Initials *4/
Copyright® 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
CL REVISED 10/01 (PAGE 3 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6)
Date September 21, 2009
Reviewed by Date
FUSION
EQUAL HOUSING
OPPORTUNITY
600 E. LIVE OAK AVE. A2._ _DIA, ;CA 91006 (PARKING LOT)
Premises: Date September 21, 2009
30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE):1 Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to
Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified
and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (1) shall be deemed Tenant's
acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (II) may be treated
by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be
held in confidence) reasonably requested by a prospective lender or buyer.
31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord
will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer,
or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further
liability to Tenant, upon Landlord's transfer.
32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first
mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises,
and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into
after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as
Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its
terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of
trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the
date of recording.
33. TENANT REPRESENTATIONS; CREDIT: Tenant warr;'ents that all statements in Tenant's financial documents and rental application are accurate.
Tenant authorizes Landlord and Broker(s) to obtain Tenants credit report at time of application and periodically during tenancy in connection with
approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (I) before occupancy begins, upon disapproval of the
credit report(s); or (II) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's
record may be submitted to a credit reporting agency, if tenant fails to pay Rent or comply with any other obligation under this agreement.
34. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction,
before resorting to arbitration or court action, subject to paragraph 34B(2) below. Paragraphs 34B(2) and (3) apply whether or not the arbitration
provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph
applies, any party commences an action without first; attempting to resolve the matter through mediation, or refuses to mediate after a request has
been made, then that party shall not be entitled to rebover attorney fees, even if they would otherwise be available to that party in any such action.
THIS MEDIATION PROVISION APPLIES WHETHEI4 OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of this
agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration,
including and subject to paragraphs 34B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5
years of real estate transactional law experience,'unless the parties mutually agree to a different arbitrator, who shall render an award in
accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part ill, Title 9 of
the California Code of Civil Procedure. Judgment{ upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The
parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a
judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in
Civil Code §2985; (ii) an unlawful detainer action; (III) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of
a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of
Civil Procedure §337.1 or §337.15 applies. The filing) of a court action to enable the recording of a notice of pending action, for order of attachment,
receivership, injunction, or other provisional remedie8, shall not constitute a violation of the mediation and arbitration provisions.
(3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both
Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers.
Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR; JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE
TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED' IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION."
Landlord's Initials
Tenant's Initials 4
Landlord's Initials
Tenant's Initials W
Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF 1EALTORS INC.
CL REVISED 10/01 (PAGE 4 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6)
Reviewed by
Date
FUSION
EOUAI HOUSING
OPPORTUNITY
600 E. LIVE OAK AVE. A MIA,
Premises:
35. JOINT AND INDIVIDUAL OBLIGATIONS: If there is
performance of all obligations of Tenant under this agre
36. NOTICE: Notices may be served by mail, facsimile, or c
Landlord:
Notice is deemed effective upon the earliest of the followin (I) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or
(iii) 5 days after mailing notice to such location by first class mail, postage pre -paid.
37. WAIVER: The waiver of any breach shall not be constr ed as a continuing waiver of the same breach or a waiver of any subsequent breach.
38. INDEMNIFICATION: Tenant shall indemnify, defend a d hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees
arising out of Tenant's use of the Premises.
39. OTHER TERMS AND CONDITIONS /SUPPLEMENTS:
The following ATTACHED supplements /exhibits
40. ATTORNEY FEES: In any action or proceeding arising
reasonable attorney fees and costs from the non prevail
41. ENTIRE CONTRACT: Time is of the essence. All p
constitutes the entire contract. It is intended as a final
agreement or contemporaneous oral agreement. The p
terms, and that no extrinsic evidence whatsoever may b
of this agreement that is held to be invalid shall not aff
be binding upon, and inure to the benefit of, the heirs, a
42. BROKERAGE: Landlord and Tenant shall each pay t
Landlord has utilized the services of, or for any other
finder, or other entity, other than as named in this a
inquiries, introductions, consultations, and negotiations
harmless the other, and the Brokers specified herein,
inconsistent with the warranty and representation in this
43. AGENCY CONFIRMATION: The following agency relati
Listing Agent:
(check one):
the Landlord exclusively; or both the Tenant and
Selling Agent:
(check one): the Tenant exclusively; or the Landl
Real Estate Brokers are not parties to the agreement be
Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF R
CL REVISED 10/01 (PAGE 5 of 6)
COMMERCI
CA 91006 (PARKING LOT)
more than one Tenant, each one shall be individually and completely responsible for the
ament, jointly with every other Tenant, and individually, whether or not in possession.
o urier at the following address or location, or at any other location subsequently designated:
Tenant:
are incorporated in this agreement: Option Agreement (C.A.R. Form OA)
out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to
ng Landlord or Tenant, except as provided in paragraph 34A.
for agreements between Landlord and Tenant are incorporated in this agreement, which
xpression of the parties' agreement, and may not be contradicted by evidence of any prior
rties further intend that this agreement constitutes the complete and exclusive statement of its
introduced in any judicial or other proceeding, if any, involving this agreement. Any provision
ct the validity or enforceability of any other provision in this agreement. This agreement shall
signees and successors to the parties.
Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant nor
eason owes compensation to, a licensed real estate broker (individual or corporate), agent,
reement, in connection with any act relating to the Premises, including, but not limited to,
leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold
nd their agents, from and against any costs, expenses, or liability for compensation claimed
paragraph 42.
nships are hereby confirmed for this transaction:
andiord.
(Print Firm Name) (if not same as Listing Agent) is the agent of
rd exclusively; or both the Tenant and Landlord.
een Tenant and Landlord.
LTORSO, INC.
Tenant's Initials G,/
L LEASE AGREEMENT (CL PAGE 5 OF 6)
Date September 21, 2009
Landlord's Initials (X
Reviewed by Date
(Print Firm Name) is the agent of
FUSION
EOUAI HOUSING
OPPORTUNITY
Premises:
600 E. LIVE OAK AVE. ARCADIA, CA 91006 (PARKING LOT)
Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot
verify representations made by others; (iii) will hot verify zoning and land use restrictions; (iv) cannot provide legal or tax
advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to
obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not
decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other
terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from
appropriate professionals.
Tenant 4 1-ko qi
CAFE FUSION
(Print Name)
Address 510 E LIVE OAK AVE.
Tenant
Landlord
(o er or agent with authority to enter into this agreement)
Address 600 E. LIVE OAK AVE.
City ARCADIA
(Print Name)
Address City State Zip
LL B
Date September 21, 2009
Date September 21, 2009
State CA Zip 91754
Date
Date
City ARCADIA State CA Zip 91006
Date
Landlord
(owner or agent with authority to enter into this agreement) State Zip
Address City
Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between
Landlord and Tenant.
Real Estate Broker (Leasing Firm) DRE Lic.
By (Agent)
DRE Lic. Date
Address City State Zip
Telephone Fax E-mail
Real Estate Broker (Listing Firm) DRE Lic.
By (Agent)
DRE Lic. Date
Address City State Zip
Telephone Fax E -mail
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY
F Y OU DESIRE LEGAL OR TAX ADVICE, TRANSACTION.
N APPROPRIATE P SATE PROFESSIONAL. OKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.
This form is available for use by the entire real estate industry. It is not Intended to identify the user as a REALTOR REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to Its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiary of the California Association of REALTORS®
525 South Virgil Avenue, Los Angeles, Califomia 90020
CL REVISED 10/01 (PAGE 6 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6)
Reviewed by Date
OPPORTUNITY
FUSION
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney City of Arcadia
P. O. Box 60021
Arcadia, CA 91066 -6021
COVENANT AND AGREEMENT REGARDING
OFF STREET PARKING AND COMPLY WITH
CITY OF ARCADIA PARKING REQUIREMENTS
This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section
9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the
use at 600 -618 E. Live Oak Avenue as specifically described below meets City of Arcadia
parking requirements. This Covenant and Agreement is also made with reference to a Lease
Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant.
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which
is hereby acknowledged,
SU MEI WANG (LEASEE) AND
JIM LEK FAITHKAY, LLC (LEASER)
Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers
of that certain real property located at 600 -618 E. Live Oak Avenue, in the City of Arcadia,
County of Los Angeles, State of California, legally described as follow:
Tract No. 15233 Lots 3, 4, 5 and 6
All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as
part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of
Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and
for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and
contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land"
which consists of and includes all the public and private land located within 500 feet of the
Affected Land as follow:
1. In consideration of the City's grant of a Conditional Use Permit for the purpose of
conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to
provide adequate parking consistent with standards in the City Zoning Ordinances sections
9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant
business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current
parking requirements of the City are not satisfied. This shall include any action pursuant to the
Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or
be terminated so as to result in inadequate parking pursuant to City Code requirements for the
business at 510 -512 E. Live Oak Avenue.
2
2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs,
successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted
Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this
Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors
and assigns of the Covenantor.
3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal
representative of the residents of the City of Arcadia and more particularly as the legal
representative of all the owners of the Benefitted Land is hereby authorized to enforce the
provisions of this Covenant and Agreement.
4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live
Oak Avenue as specifically described above by allowing the use at the facility to meet City
Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are
not being complied with and the restaurant use at such premises shall not be a permitted use
pending compliance with the parking requirements of the City of Arcadia.
5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and
Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the validity of the remaining portions of
this Covenant and Agreement.
IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown
opposite its signature.
"COVENANTOR"
Su Mei Wang Date
"COVENANTOR"
Jim Lek Faithkay, LLC Date
"COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation
City Manager Date
APPROVED AS TO FORM:
City Attorney Date
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Tim Schwehr
From: J Gerry Wilson [gerwil @sbcglobal.net]
Sent: Wednesday, August 05, 2009 3 :45 PM
To: Tim Schwehr
Subject: Application CUP 09 -09
Tim Schwehr, Assistant Planner,
Thanks for taking my phone call the other day, and for the brief conversation yesterday, as you were
taking pictures in our church parking lot. Once again, for the record, let me voice my personal (as a
neighbor) and professional (as Senior Pastor of Arcadia Friends Community Church and Preschool)
objection to the request of Michael Hsiao for a Conditional Use Permit at his restaurant located at 510-
512 E. Live Oak Ave. in Arcadia.
I find it ironic that Mr. Hsiao is only now trying to legalize the use of facilities that he has been using
and abusing for the last few years since he opened for business.
The reality of the situation, speaking as a resident at 5700 Lenore Ave, that is behind the alley where his
parking and entrance is, there is no room in our neighborhood for his business to expand, or to stay at
the present level of use. He does not have anywhere near enough parking, which results in his
customers parking in our church parking lot and on both sides of our street, three to four houses south
of my own home. I am tired of the parking issues, the noise late at night (2am) as people leave. I have
had to personally pick up trash and bottles left in the street and our parking lot, as well as wash down
the pavement of vomit left by his customers.
As the Block Captain for our Neighborhood Watch Program, I can say on behalf of my neighbors on
Lenore AVe that not only do we object to this expansion, we would hope that the City would step in
and clearly curtail what is happening at Mr. Hsiao's business. It has turned our quiet neighborhood into
an often noisy, dangerous and dirty environment.
If you need further info or details, or have questions, please don't hesitate to contact
me. gerwil @sbcglobal.net Horne 626 -574 -7329
Office 626 445 -2130
Cell 626- 826 -4982
Sincerely,
5700 Lenore Ave
Arcadia, CA 91006
8/7/2009
Page 1 of 1
J. Gerry Wilson,
Concerned Neighbor Senior Pastor of Arcadia Friends Community Church
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1 Name or description of project:
Conditional Use Permit Application No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square
foot restaurant located at 510 -512 E. Live Oak Avenue.
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7W topographical map identified by quadrangle name):
510 -512 E. Live Oak Ave. (between Hampstead Avenue and Lenore Avenue)
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
(1) Name: Michael Hsiao (d.b.a. Avant Garde Design Int.)
(2) Address: 2063 S Atlantic #2D
Monterey Park, CA 91754
(3) Phone: (323) 263 -2484
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt. Applicable Exemption Class: 3
Section No.: 15303(c)
f. The project is statutorily exempt. Applicable Exemption:
Section No.:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 8, 2009 Staff: Tim Schwehr, Assistant Planner
March 9, 2010
STAFF REPORT
Development Services Department
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Revocation of Conditional Use Permit Application No. CUP 09 -09 (Resolution
1801) permitting a 960 square -foot expansion to an existing 2,040 square -foot
restaurant located at 510 -512 E. Live Oak Avenue.
SUMMARY
On October 27, 2009, the Planning Commission approved CUP 09 -09 to permit Cafe
Fusion's previously unpermitted expansion into the adjacent 960 square -foot unit at 510-
512 E. Live Oak Avenue. Several conditions of approval were required to be satisfied
within 60 days and before the expansion area could continue to be used. After 60 days
following the adoption of Resolution 1801 (attached) staff conducted an inspection of the
subject business and found that the following conditions had not been complied with:
1. All karaoke and live entertainment equipment shall be removed from the premises.
2. All unpermitted signs shall be removed.
3. The bathroom facilities shall be upgraded to meet the Building Official's requirement of
1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women.
4. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved
by the City Attorney for the use of 16 off -site parking spaces at 600 618 E. Live Oak
Avenue shall be executed and recorded in the Office of the County Recorder.
At the February 9, 2010 Planning Commission meeting, staff informed the Planning
Commission that the restaurant had not complied with the above conditions of approval
within the required 60 days. The Planning Commission directed staff to initiate revocation
proceedings.
BACKGROUND INFORMATION
At the February 9, 2010 Planning Commission meeting, the Commission directed staff to
assemble a background history of this application. The following is a timeline of events
related to CUP 09 -09:
September 2008: Code Services received a complaint of noise, loitering and loud
music at the subject property. During a site inspection, Code Services discovered
microphones, amplifiers, and other equipment for live entertainment and karaoke,
and that the restaurant had expanded into the adjacent commercial space. It was
also discovered that the existing restaurant was displaying unpermitted signs. A
notice of violation was issued to the owners of Cafe Fusion.
October 31, 2008: Code Services issued a citation to the owner of Cafe Fusion for
failure to address the violations.
November 11, 2008: Cafe Fusion filed Sign Design Review Application No. SADR
08 -48 for a new channel letter front wall sign and a face change to the existing
projecting sign approved in May of 2009.
February 10, 2009: Code Services referred the violations for the unpermitted
restaurant expansion and live entertainment to the City Attorney.
May 14, 2009: The applicant submitted Conditional Use Permit Application No.
CUP 09 -09.
August 11, 2009: Conditional Use Permit Application No. CUP 09 -09 was
considered by the Planning Commission. At this meeting, the applicant proposed to
lease 20 parking spaces located at 405 Lynrose Street, which is approximately 900
feet from the restaurant. Because of the distance, staff recommended denial of the
application. Just prior to the meeting, the applicant submitted a written request to
the Planning Commission asking for a continuance to explore other parking
solutions. By a vote of 3 -1 with one Commissioner absent, the Planning
Commission granted a continuance to the September 22 meeting.
September 22, 2009: At this meeting, the applicant proposed to lease 16 parking
spaces from either the commercial strip mall to the north at 529 555 E. Live Oak
Avenue or the commercial strip mall to the east at 600 618 E. Live Oak Avenue.
In order to allow sufficient time for a detailed analysis of the proposed parking
arrangements and to issue an expanded public hearing notice, staff recommended
a continuance to the October 27, 2009 Planning Commission meeting. By a vote of
5 -0 the Planning Commission granted the continuance.
October 27, 2009: At this meeting, by a vote of 4 -1 the Planning Commission
conditionally approved CUP 09 -09 for the 960 square -foot restaurant expansion and
use of 16 off -site parking spaces at 600 618 E. Live Oak Avenue in lieu of the on-
site required parking for the expansion. The staff report is attached.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 2
November 24, 2009: Resolution 1801 for CUP 09 -09 was adopted by the Planning
Commission. Condition no. 12 of the resolution stated that all conditions of
approval shall be satisfied within 60 days and prior to use of the expansion area.
January 25, 2010: 60 days after the adoption of Resolution 1801, staff had not
been contacted about the required plumbing improvements or the parking
agreement/covenant. Upon contacting the restaurant manager of Cafe Fusion, staff
was informed that no progress had been made.
February 9, 2010: Staff presented a 60 -day report (attached) to the Planning
Commission on the status of compliance with the conditions of approval stated in
Resolution 1801. The report stated that none of the conditions of approval that
were required to be met within 60 days had been satisfied. These include
upgrading the bathroom facilities, filing a parking covenant, removing the
unpermitted signage and live entertainment equipment, and that the expansion area
not be used for dining purposes until all the conditions had been satisfied. The
Planning Commission directed staff to initiate revocation proceedings.
February 24, 2010: Staff issued the required notice to the applicant, business
owners, and property owner informing them that a public hearing will be held by the
Planning Commission at its regular meeting on March 9, 2010 to consider the
revocation of Conditional Use Permit No. CUP 09 -09.
UPDATE ON STATUS OF COMPLIANCE
Since the February 9, 2010 Planning Commission Meeting, staff can report the following
progress on the conditions of approval:
The live entertainment and karaoke equipment have been removed from the
premises.
The unpermitted banner at the rear of the building has been removed.
On March 3, 2010, the applicant submitted Sign Architectural Design Review
Application No. SADR 10 -16 requesting approval of the wall signs that have been
installed without approval or permits on the front and rear of the building, and
approval of the new exterior paint color at the front of the building. Staff believes
the new exterior paint color and non illuminated rear wall sign are consistent with
the City's Design Guidelines, but the use of an exposed raceway for the front wall
sign is not consistent with the guidelines and staff will request that the applicant
reinstall the front wall sign with individual channel letters flush- mounted to the wall
as approved by SADR 08 -48.
On March 3, 2010, a general contractor working on behalf of the owners of Cafe
Fusion contacted staff regarding the required bathroom upgrades. The contractor
was informed of the requirements and stated that plans for the upgrades are being
drawn and will be submitted to the City within two weeks.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 3
Also on March 3, 2010, staff contacted the original applicant and designer for CUP
09 -09, Mr. Michael Hsiao, to verify that he had received notice of the March 9th
revocation proceedings. Mr. Hsiao informed staff that he had received the notice,
but was no longer involved with the project.
On March 5, 2010, Mr. Arthur Chen, the restaurant manager of Cafe Fusion,
initiated the process for a Covenant /Agreement to lease 16 parking spaces at 600
618 E. Live Oak Avenue: A $315 check and copies of the deeds for the property at
600 618 E. Live Oak Avenue were submitted to Planning Services. Mr. Chen
stated that the property owners of 600 618 E. Live Oak Avenue are willing to enter
into an Agreement/Covenant for the off -site parking. Staff attempted to contact the
property owners of 600 618 E. Live Oak Avenue to confirm their agreement, but
the property manager, Mr. Jim Lek informed staff that the owners are currently out
of the country and will not return until mid March. From staff's conversation with Mr.
Lek, it appears that the property owners are willing to lease 16 parking spaces to
Cafe Fusion, but it is unclear if they are willing to enter into an Agreement/Covenant
with the City as a third -party.
Because the original applicant /designer, Mr. Michael Hsiao is no longer working on behalf
of Cafe Fusion, no one had taken the initiative to comply with the conditions of approval
stated in Resolution 1801. After the February 24, 2010 Planning Commission meeting, Mr.
Arthur Chen, the manager of Cafe Fusion began taking the necessary steps to comply with
the conditions of approval. However, more time is needed to verify that an
Agreement/Covenant for the off -site parking will be acceptable to the owners of 600 -618 E.
Live Oak Avenue, and that the required improvements will be properly completed.
RECOMMENDATION
The Development Services Department recommends a continuance of the revocation
proceedings of Conditional Use Permit No. CUP 09 -09 to the April 13, 2010 Planning
Commission meeting.
PLANNING COMMISSION ACTION
Revocation
If the Planning Commission intends to revoke Conditional Use Permit No. CUP 09 -09, the
Commission should move for revocation, state the supporting findings, and direct staff to
prepare a resolution for adoption at the next meeting that incorporates the Commission's
decision, specific determinations and findings.
Continuance
If the Planning Commission intends to allow additional time for compliance with the
conditions of approval, the Commission should move to continue the hearing on revocation
of Conditional Use Permit No. CUP 09 -09 to a specific date.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 4
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the March 9, 2010 public hearing, please contact Assistant
Planner, Tim Schwehr at (626) 574 -5422, or at tschwehr(a7ci.arcadia.ca.us.
Approved by:
Jim a
munity Development Administrator
Attachments: Resolution 1801
October 27, 2009 Staff Report
February 9, 2010 Staff Report
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 5
MEMORANDUM
Development Services Department
DATE: February 9, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrat
Tim Schwehr, Assistant Planner A.5
SUBJECT: Cafe Fusion (CUP 09 -09) 510 -512 E. Live Oak Avenue
On October 27, 2009, the Planning Commission approved CUP 09 -09 (Resolution
1801) to permit Cafe Fusion's previously unpermitted expansion into the adjacent
960 square -foot unit at 510 -512 E. Live Oak Avenue. Several conditions of approval
were required to be satisfied within 60 days and prior to use of the expansion area.
And, noncompliance with the plans, provisions, and conditions of approval is grounds
for immediate suspension or revocation of any approvals, including the prior
Conditional Use Permit, CUP 04 -02 (Resolution 1704), which could result in the
closing of the entire restaurant.
The specific conditions to be satisfied within 60 days and prior to the use of the
expansion were the following:
1. All live entertainment equipment or karaoke related equipment shall be
removed from the premises.
2. All unpermitted signs shall be removed.
3. The bathroom facilities shall be upgraded to meet the Building Official's
requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1
lavatory for women.
4. Agreements /Covenants for the use of 16 off -site parking spaces at 600 -618
E. Live Oak Avenue shall be submitted to the City Attorney for review, and
following approval, recorded in the Office of the County Recorder.
Following inspection of the subject business, staff can report that the live
entertainment and karaoke equipment have not been removed from the premises.
The unpermitted signs have been removed from the front of the building, but an
unpermitted sign and unpermitted banner are still displayed at the back of the
building. New signage has been installed at the front of the building, but no building
permits were obtained. The new sign has an exposed raceway that was not included
on the plans approved in design review (SADR 08 -48). The upper portion of the front
of the building has also been painted a purple /pink color without consulting staff or
receiving City approval. The bathroom facilities have not been upgraded and no
plans to upgrade them have been submitted to the City's Building Services. No
Agreements /Covenants for the use of 16 off -site parking spaces have been
submitted to the City Attorney for review.
On the evening of January 18, 2009, staff conducted a site inspection of the
business to determine if the 960 square -foot expansion was in use. At that time, no
patrons were dining in the expansion, but tables and chairs with place settings were
set up in the expansion area. However, it should be noted that the expansion has
been set up in this manner since the restaurant first applied for their CUP in May of
2009. The Development Services Department has not received any recent
complaints from neighbors or adjacent businesses about this restaurant. Since the
October 27 Planning Commission Meeting, Code Services and Planning Services
have been in contact with the owner and manager of Cafe Fusion, and have
informed them of the need to comply with City regulations and the specific conditions
of approval stated in CUP 09 -09, but no efforts have been made to remedy the
violations or satisfy the conditions of approval. Therefore, Planning Services and the
Business License Office are revoking the CUP's and the business license of Cafe
Fusion at 510 -512 E. Live Oak Avenue.
Attachments: Resolution 1801 CUP 09 -09
Resolution 1704 CUP 04 -02
Photos of subject property
Approved Sign Plans SADR 08-48
April 27, 2010
STAFF REPORT
Development Services Department
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 10 -02 to operate an 800
square -foot art studio with up to 10 students within a two -story,
commercial office building at 400 N. Santa Anita Avenue, Suite 102.
SUMMARY
Ms. Lauren Bolley Hinds (owner of the subject property and proposed art studio)
submitted Conditional Use Permit Application No. CUP 10 -02 to operate an 800
square -foot art studio with up to 10 students within a 2,992 square -foot, two -story,
commercial office building at 400 N. Santa Anita Avenue, Suite 102. Attached are an
aerial photo, vicinity map, and photos of the subject property. It is staffs opinion that
based on the limited schedule and small class sizes, the site can accommodate this
use without significantly impacting the neighboring properties. The Development
Services Department is recommending approval of the proposed art center, subject to
the conditions listed in this staff report.
GENERAL INFORMATION
APPLICANT: Lauren Bolley Hinds (dba: Just Follow Your Art)
LOCATION: 400 N. Santa Anita Avenue, Suite 102
REQUEST: A Conditional Use Permit to operate an art studio with a maximum of 10
students at any one time. The studio will instruct students of all ages,
and the hours of operation are to be Tuesday Friday, 11:00 a.m. to
5:00 p.m., and Saturday 9:00 a.m. to 5:00 p.m. The studio will be closed
on Sunday and Monday.
SITE AREA: 7,532 square feet (0.17 acres)
FRONTAGE: 50 feet along Santa Anita Avenue
152 feet along La Porte Street
EXISTING LAND USE ZONING:
The site is developed with a 4 -unit, 2,992 square -foot, two -story
commercial office building built in 1985. The property is zoned C -2,
General Commercial and is located within the City's Central
Redevelopment Project Area.
SURROUNDING LAND USES ZONING:
North: Bakery/Restaurant (CUP 94 -04) zoned C -2
South: Industrial Warehouse zoned M -1
East: Industrial Warehouse zoned M -1
West: Commercial Carwash zoned C -2
GENERAL PLAN DESIGNATION:
Commercial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 10 -02 were
mailed on April 16, 2010 to the property owners, tenants and occupants of those
properties that are within 300 feet of the subject property (see the attached radius map).
Because staff considers the proposed project exempt from the requirements of the
California Environmental Quality Act (CEQA) the public hearing notice was not
published in the Arcadia Weekly newspaper.
BACKGROUND INFORMATION
The office building on the subject property consists of four separate units two
second -floor units and two ground -floor units. Both second -floor units are currently
occupied by accounting firms. The ground -floor unit the art studio would occupy (suite
102) is currently used as a private office by the applicant. The other ground -floor unit
is vacant at this time. The following Modifications have previously been approved for
this property:
M -84 -166 permitted 11 on -site parking spaces in lieu of 12 required, and a 5' -0"
landscaped buffer in lieu of 5' -3" required.
M -86 -59 permitted a freestanding sign to be located within the special setback
of Santa Anita Avenue.
MC 05 -05 MC 05 -27 permitted medical uses in the two second -floor units
both approvals have expired and medical uses are not permitted at this
property without approval of a new Parking Modification.
CUP 10 -02
400 N. Santa Anita Ave, Suite 102
April 27, 2010 page 2
PROPOSAL AND ANALYSIS
The proposal is to operate an 800 square -foot art studio with art instruction and limited
retail sales (see the attached site plan and floor plan). The studio will display local
artists' work for sale within the retail area and offer art instruction in the studio room.
The studio would be limited to a maximum of 10 students and 2 staff members at any
one time. The proposed hours of operation are to be Tuesday— Friday 11:00 a.m. to
5:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m. The studio will be closed on Sunday
and Monday. The studio would also be used a maximum of twice per month by
similar -sized calligraphy, quilting, sewing, knitting and /or crocheting groups during
normal business hours when no classes are scheduled or during evening hours. An
art studio is a permitted use in both the C -2 zone and Central Redevelopment Project
Area with an approved conditional use permit.
Parking and Traffic
The property has a total of 11 on -site parking spaces. By code, a 2,992 square -foot
office building is required to have 12 on -site parking spaces (4 spaces per 1,000
square -feet of gross floor area). A Parking Modification was approved for the
deficiency in 1984 (M -84 -166). The art studio would increase the parking requirement
by 2 spaces (5 spaces compared to 3 for a general office use) and increase the
parking deficiency to 3 spaces.
The applicant has provided the attached informal parking study showing that the
existing parking is underutilized during the proposed operating hours. It is staffs
opinion that based on the mix of uses, small class sizes, and existing underutilization
of the parking lot, the site can accommodate the parking demand and pick -up /drop -off
requirements of the proposed art studio.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, parking and site design, and water supply and
irrigation systems are required to be complied with to the satisfaction of the Building
Official, City Engineer, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
CEQA
If it is determined that no significant physical alterations to the property are necessary,
then this project is categorically exempt from environmental review pursuant to the
provisions of the California Environmental Quality Act (CEQA) Section 15303 of the
Guidelines as a conversion of a small commercial structure under 10,000 square -feet
in floor area. A Preliminary Exemption Assessment is attached to this staff report.
CUP 10 -02
400 N. Santa Anita Ave, Suite 102
April 27, 2010 page 3
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such zone
or vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
It is staffs opinion that the proposed studio satisfies each prerequisite condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 10 -02 subject to the following conditions:
1. There shall not be more than ten (10) students and two (2) faculty and /or staff
members at any one time.
2. The hours of operation shall be limited to Tuesday Friday, 11:00 a.m. to 5:00
p.m. and Saturday, 9:00 a.m. to 5:00 p.m. The studio shall be closed on Sunday
and Monday.
3. The use of the art studio after 5:00 p.m. by calligraphy, quilting, and similar groups
is permitted with the following conditions:
a. The combined use by all groups shall not exceed twice per month.
b. The size of the groups shall not exceed 10 persons.
c. Group activities shall end no later than 9:00 p.m.
4. Conditional Use Permit No. CUP 10 -02 includes a Parking Modification to allow 11
on -site parking spaces in lieu of 14 spaces required. This Parking Modification
does not constitute an approval of a general reduction or alteration of the parking
requirements for the subject property, but rather only for the art studio that is
herein conditionally approved. Uses other than this art studio shall be subject to a
new Conditional Use Permit and /or Parking Modification.
CUP 10 -02
400 N. Santa Anita Ave, Suite 102
April 27, 2010 page 4
5. The use approved by CUP 10 -02 is limited to the proposed art studio and it shall
be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 10 -02, subject to the satisfaction of the
Development Services Director or designee.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 10-
02 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the art studio.
7. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, parking and site design, and water supply
and irrigation systems are required to be complied with to the satisfaction of the
Building Official, City Engineer, Community Development Administrator, Fire
Marshal, and Public Works Services Director.
8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack,
set aside, void, or annul any approval or condition of approval of the City of
Arcadia concerning this project and /or land use decision, including but not limited
to any approval or condition of approval of the City Council, Planning Commission,
or City Staff, which action is brought within the time period provided for in
Government Code Section 66499.37 or other provision of law applicable to this
project or decision. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and /or land use decision and the City
shall cooperate fully in the defense of the matter. The City reserves the right, at its
own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
9. Approval of CUP 10 -02 shall not take effect until the property owner(s), applicant,
and business owner(s) /operator(s) have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this application, the Commission
should move to approve Conditional Use Permit Application No. CUP 10 -02; state the
supporting findings and environmental determination, and direct staff to prepare a
resolution incorporating the Commission's decision, specific determinations and
findings, and the conditions of approval for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this application, the Commission should
move to deny Conditional Use Permit Application No. CUP 10 -02; state the finding(s)
that the proposal does not satisfy with reasons based on the record, and direct staff to
CUP 10 -02
400 N. Santa Anita Ave, Suite 102
April 27, 2010 page 5
prepare a resolution incorporating the Commission's decision and specific findings for
adoption at the next meeting.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the April 27 public hearing, please contact
Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at
tschwehr @ci.arcadia.ca.us.
Approved by:
Ji sama
mmunity Development Administrator
Attachments: Aerial Photo Vicinity Map
Photos of Subject Property
300 -foot Radius Map
Site Plan Floor Plan
Operational Plans
Parking Study
Preliminary Exemption Assessment
CUP 10 -02
400 N. Santa Anita Ave, Suite 102
April 27, 2010 page 6
Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, Apra 2010
400 N Santa Anita Avenue
CUP 10-02
(412)
(15)
(26-28)
M -1
(25) 31)
I0
(425)
1 L
Development Services Department
Engineering Division
Prepared by: R.S.Gcnzalez, April 2010
Ity
400 N Santa Anita Avenue
CUP 10.02
(15)
JOSEPH ST
(333)
(311)
COLORADO BL
(21.23)
LA PORTE ST
(25) (31)
(33 -35)
(12)
(18)
(22-24)
(26-28)
(30)
(420)
C -2
(416)
(425)
1 L
Development Services Department
Engineering Division
Prepared by: R.S.Gcnzalez, April 2010
Ity
400 N Santa Anita Avenue
CUP 10.02
(15)
JOSEPH ST
(333)
(311)
COLORADO BL
(21.23)
LA PORTE ST
(25) (31)
(33 -35)
Subject Property Santa Anita Avenue
Subject Property La Porte Street
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November 6, 2009
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Tue
Wed
Thu
Fri
Sat
Sun /Mon
Watercolor
llam-
1pm
Jewelry
Making
llam-lpm
Paper
Crafting
3pm -4pm
Watercolor
llam -lpm
Jewelry
Making
llam-lpm
Paper
Crafting
3pm -4pm
Calligraphy basics
llam-lpm
Knitting group
2pm -4pm
Closed
Drawing
3pm -5pm
Watercolor,
Level 2
llam -lpm
Drawing
3pm -5pm
Watercolor,
Level 2
llam -lpm
Scrapbooking
Basics
1pm -5pm
Closed
Pastel
clam-
1pm
Paper Crafts
3pm -5pm
Pastel
clam -lpm
Paper Crafts
3pm -5pm
Calligraphy basics
llam -lpm
Craft Workshop
2pm -4pm
Closed
Painting
with
Acrylics
3pm -5pm
Pastel,
Level 2
3pm -5pm
Painting with
Acrylics
3pm -5pm
Pastel,
Level 2
3pm -5pm
Scrapbooking
Basics
1pm-5pm
Closed
week
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Wednesday, March 17, 2010
Tim Schwehr
Assistant Planner
City of Arcadia
Development Services Department
Subject: Conditional Use Permit Application No. CUP 10 -02 for an art studio with art instruction at
400 North Santa Anita Avenue, Suite 102
Dear Mr. Schwehr:
Thank you for taking the time to review my application for an art studio with instruction. The following
are my responses to the items requested in your letter dated February 11, 2010. It is my hope this will
answer all your questions and requests and will make my application complete. If any additional
information is needed, or you have any questions, please feel free to contact me at any time.
1. Operating Hours for the Studio:
It is intended that the studio will be run as a part -time business, and will have limited operating
hours.
a. Tuesday Friday, the studio would be open for classes from 11:00 am to 1:00 pm, and from
3:00 pm to 5:00 pm. Saturdays from 9:00 am to 5:00 pm (given classes are scheduled)
Tuesday Friday, the studio would be open for retail business from 11:00 am to 4:00 pm,
and Saturdays from 9:00 am to 5:00 pm.
b. All classes and workshops will be held in the "studio" classroom. Class size will be
dependant upon enrollment, with a maximum of 10 students at a time. A sample month
schedule for the studio follows:
c. See attachment (1) for the suite layout.
2. Calligraphy courses would be included as a class to be taught at the studio, during studio hours.
Quilting, Sewing, Knitting and Crocheting groups would use the studio, at most, once a month,
given no other class is scheduled and would be during normal studio hours in lieu of another
class, or in the evening after normal business hours.
3. The studio will display local artists work for sale in the "retail" section, and all sold artwork will
be reported as retail sales. No gallery viewing or shows are scheduled or anticipated at this
point. In the future, such an event would be scheduled at most on a quarter yearly basis and
would be held after normal business hours.
4. See the corrected attachment (2) for the site plan modifications.
5. Upon review with the fire department, the studio has a B rating, since only one room will be
used for instruction. The items listed in sections a -d will be modified once a site -check has been
made by Jill Perumean. As stated in a conversation with Mark Krikorian, once the site has been
checked and the requirements modified, we will comply with any and all fire safety
requirements.
6. We currently received approval for facade improvements under the redevelopment act, and it is
our hope that we can work with the City to create improvements to the property that would be
in alignment with city expectations and the beautification of the structure and grounds.
Again, thank you for taking the time to review this re- submittal, and for all your help in facilitating the
approval of this permit. I look forward to hearing from you in the near future. If you need any other
information, I would be happy to supply it in a timely manner. Please feel free to call me at
626.437.4892 or email at justfollowvourart@gmail.com.
Sincerely,
Lauren Hinds
Suite
Use
Square
Footage
Spaces
Required
Spaces
Used
101
VACANT
700*
3
n/a
102
Art Studio
(conditional upon
CUP)
?Oa
.5
1
201
Accounting
1000*
4
2
202
Accounting
500*
2
2
TOTAL
3O0b gross floor area
*approximations)
I LI
5
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Time Suite Suite 102 Suite 201 Suite 202 TOTALS
Jan 4 9, 2010 101 M /T/W /T /F /S M /T/W /T /F /S M /T/W /T /F /S M /T/W /T /F /S
llam -lpm n/a 0/1/1/1/1/0 1/1/1/0/1/1 1/1/1/0/0/0 2/3/3/1/2/1
1pm -3pm n/a 0/0/0/0/0/0 1/0/0/0/1/1 0/1/1/1/1/0 1/1/1/1/2/0
3pm -5pm n/a 1/1/1/1/1/0 2/1/2/2/2/1 1/1/0/0/1/0 4/3/3/3/4/1
After 5pm n/a 0/0/0/0/0/0 0/0/0/0/0/0 0/0/0/0/1/0 0/0/0/0/1/0
Parking Study
JustFollowYourArt
400 North Santa Anita
Arcadia, CA 91006
ParkinLot Usage Survey (Sample Week):
On a daily basis, this parking lot is never full, and the occupants do not use
the required amount according to city regulations. On average there are
only 4 spaces taken by the current occupants. Even when suite 101
becomes occupied, we can conclude that there will still be ample
parking for all occupants. La Porte also provides opportunity for street
parking, should an event require additional parking.
Parking Study
JustFollowYourArt
400 North Santa Anita
Arcadia, CA 91006
ParkinLot Usage Survey (Sample Week):
On a daily basis, this parking lot is never full, and the occupants do not use
the required amount according to city regulations. On average there are
only 4 spaces taken by the current occupants. Even when suite 101
becomes occupied, we can conclude that there will still be ample
parking for all occupants. La Porte also provides opportunity for street
parking, should an event require additional parking.
1. Name or description of project:
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
Conditional Use Permit Application No. CUP 10 -02 for a 2,992 square -foot art studio with up to 10 students.
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7W topographical map identified by quadrangle name):
400 N. Santa Anita Avenue, Suite 102 (between La Porte Street and Colorado Boulevard)
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
4. Staff Determination:
(1) Name: Lauren Bolley Hinds (dba Just Follow Your Art)
(2) Address: 400 N. Santa Anita Avenue. Suite 102
Arcadia, CA 91006
(3)
Phone: (626) 437 -4892
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt. Applicable Exemption Class: 3
Section No.: 15303
f. The project is statutorily exempt. Applicable Exemption:
Section No.:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: April 5, 2010 Staff: Tim Schwehr, Assistant Planner
April 27, 2010
TO:
FROM:
SUBJECT:
SUMMARY
BACKGROUND
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
STAFF REPORT
Development Services Department
Consideration and Recommendation to City Council and the Arcadia
Redevelopment Agency to adopt Resolution No. 6717 and ARA
Resolution No. 232 adopting local guidelines for implementing the
California Environmental Quality Act (Public Resources Code Sections
21000 et seq.)
This proposal was initiated by the Development Services Department to adopt City
Council Resolution No. 6717 and ARA Resolution No. 232 adopting the revised 2010
local guidelines for implementing the California Environmental Quality Act (CEQA).
The proposed 2010 Guidelines are an update of the previous guidelines adopted by the
City Council and the Agency Board on June 6, 2006.
The Development Services Department recommends the adoption of these resolutions.
PUBLIC HEARING NOTIFICATION
A public hearing notice of this proposal was published in the Arcadia Weekly on April
15, 2010.
The California Environmental Quality Act (CEQA), a part of the Public Resources Code
(Sections 21000 et seq.), is California's most important environmental law. It requires
all public agencies within the State to evaluate the environmental effects of their
actions, avoiding or reducing, when feasible, the significant environmental impacts of
their decisions.
CEQA requires that all agencies adopt specific objectives, criteria and procedures for
evaluating public and private projects.
On June 6, 2006, the City Council adopted Resolution No. 6528 and the
Redevelopment Agency adopted ARA Resolution No. 220 adopting the 2006 CEQA
guidelines. Due to the changes in CEQA during the past years, new guidelines are
proposed for adoption.
ANALYSIS
Since the last local guideline adoption in 2006, numerous amendments were made to
the State Guidelines in response to legislation and legal cases that have changed and
impacted certain aspects of CEQA. For instance, Senate Bill 97 (SB 97), enacted in
2007, has made a particularly significant impact on the CEQA process.
SB 97 resulted in amendments to the State CEQA Guidelines that require a lead
agency to analyze the effects a project has on greenhouse gas emissions, identify
mitigation measures that would reduce such potentially significant impacts, and
establish specific procedures for analyzing potential cumulative impacts of greenhouse
gas emissions and for the use of plans for the reduction of greenhouse gas emissions.
The amendments do not specify any particular model or methodology that is to be used
to quantify greenhouse gas emissions. The modeling, methodology or performance
based standards are to be determined by the lead agency. Additionally, several
changes were made to the State's sample Environmental Checklist Form to reflect the
amendments.
The City Attorney's Office has prepared the attached update of the local CEQA
Guidelines for the City and Redevelopment Agency to adopt, which are in compliance
with the afore-described CEQA requirements. These updated guidelines are tailored to
the City's and Agency's specific needs and provide step -by -step procedures for
evaluating projects prior to City and /or Agency consideration. The updated guidelines
also provide instructions and forms for preparing the environmental documentation
required by CEQA.
RECOMMENDATION
The Development Services Department is recommending adoption of the resolutions.
PLANNING COMMISSION ACTION
The Planning Commission should direct staff to convey to the City Council and the
Redevelopment Agency its recommendations and comments on the proposed local
guidelines and the resolutions.
2010 CEQA Guideline Update
April 27, 2010
Page 2 of 3
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the April 27 public hearing, please contact Associate
Planner, Thomas Li at (626) 574 -5447 or tli @ci.arcadia.ca.us.
Approved by:
Ji v%' asama
ommunity Development Administrator
Attachments: Draft City Council Resolution No. 6717
Draft Redevelopment Agency Resolution No. ARA -232
Memorandum dated March 3, 2010 from Best Best Krieger LLP
Draft Local Guidelines and Forms (2010 Revision)
2010 CEQA Guideline Update
April 27, 2010
Page 3 of 3
RESOLUTION NO. 6717
1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA AMENDING AND ADOPTING LOCAL
GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES
CODE 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California
Environmental Quality Act "CEQA (Pub. Resources Code 21000 et seq.) and
the State CEQA Guidelines (Cal. Code Regs, tit. 14, 15000 et seq.) and the
California courts have interpreted specific provisions of CEQA; and
WHEREAS, Section 21082 of CEQA requires all public agencies to adopt
objectives, criteria and procedures for the evaluation of public and private projects
undertaken or approved by such public agencies, and the preparation, if required,
of environmental impact reports and negative declarations in connection with that
evaluation; and
WHEREAS, the City of Arcadia "City must revise its local guidelines for
implementing CEQA to make them consistent with the current provisions and
interpretations of CEQA;
NOW, THEREFORE, the City of Arcadia hereby resolves as follows:
SECTION 1. The City adopts "Local Guidelines for Implementing the
California Environmental Quality Act (2010 Revision)," a copy of which is on file
at the offices of the City and is available for inspection by the public.
SECTION 2. All prior actions of the City enacting earlier guidelines
are hereby repealed.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this day of 2010.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
00
I e
Mayor o t 1CiofArcadia
RESOLUTION NO. ARA -232
1
�r e
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF ARCADIA AMENDING AND
ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUB. RESOURCES CODE 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California
Environmental Quality Act "CEQA (Pub. Resources Code 21000 et seq.) and
the State CEQA Guidelines (Cal. Code Regs, tit. 14, 15000 et seq.) and the
California courts have interpreted specific provisions of CEQA; and
WHEREAS, Section 21082 of CEQA requires all public agencies to adopt
objectives, criteria and procedures for the evaluation of public and private projects
undertaken or approved by such public agencies, and the preparation, if required,
of environmental impact reports and negative declarations in connection with that
evaluation; and
WHEREAS, the Arcadia Redevelopment Agency "Agency must revise its
local guidelines for implementing CEQA to make them consistent with the current
provisions and interpretations of CEQA;
NOW, THEREFORE, the Arcadia Redevelopment Agency hereby resolves
as follows:
SECTION 1. The Agency adopts "Local Guidelines for Implementing
the California Environmental Quality Act (2010 Revision)," a copy of which is on
file at the offices of the Agency and is available for inspection by the public.
SECTION 2. All prior actions of the Agency enacting earlier
guidelines are hereby repealed.
SECTION 3. The Secretary of the Agency shall certify to the adoption
of this Resolution.
Passed, approved and adopted this day of 2010.
ATTEST:
Secretary
Arcadia Redevelopment Agency
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
Cha
Arcadia Red
ment Agency
Memorandum
To: Project 5 Clients
FROM: Best Best Krieger LLP
DATE: March 3, 2010
RE: 2010 Summary of Changes to Local CEQA Guidelines
Important changes in the law have been incorporated into the 2010 Update to your Local
Guidelines for Implementing the California Environmental Quality Act "Local Guidelines
For easy reproduction and access to these Local Guidelines, as well as the California
Environmental Quality Act "CEQA forms your entity will need, and any other important legal
alerts, please access the CEQA client portal at www.bbklaw.net/CEOA. For technical support
please contact Gar House at Gar.House @bbklaw.com.
Public agencies are required to adopt implementing procedures for administering their
responsibilities under CEQA. These procedures include provisions on how the agency will
process environmental documents and provide for adequate comment, time periods for review,
and lists of permits that are ministerial actions and projects that are considered categorically
exempt. Agency procedures should be updated within 120 days after the State CEQA Guidelines
are revised. The most recent amendments to the State CEQA Guidelines will become effective
on March 18, 2010, which means that your agency should adopt the revised Local CEQA
Guidelines on or before July 16, 2010.
This memorandum summarizes numerous amendments to your Local Guidelines that
were made in response to legislation and legal cases that changed or impacted certain aspects of
CEQA between January 2009 and January 2010. Your Local Guidelines and this memorandum
are designed to assist in assessing the environmental implications of a project prior to its
approval, as mandated by CEQA. We still recommend, however, that you consult with an
attorney when you have specific questions on major, controversial or unusual projects or
activities.
2010 Revisions to Local CEQA Guidelines
Section 1.09. A new section entitled "State Agency Furloughs" was added in response to
Executive Order S- 13 -09. This section addresses furlough days of the courts (every third
Wednesday of the month) and state office work days (three days per month) imposed by the
governor to address budget concerns. These furloughs are scheduled to last until June 30, 2010.
This section cautions public agencies to check with state agencies and their attorney to ensure
compliance with deadlines impacted by state agency furloughs.
Section 2.08. This section was amended to reflect Section 15096, subdivision (i) of the State
CEQA Guidelines and to add clarity to the language of this section. The amendment indicates
that Responsible Agencies should independently review and consider the adequacy of the Lead
Agency's review prior to approval, and that additional review may be required for certain aspects
-1-
of the project within the Responsible Agency's approval authority. It also clarifies that the
Responsible Agency should state that it has considered the Environmental Impact Report
"EIR or Negative Declaration as prepared by a Lead Agency.
Section 5.11. This section added examples of uniformly applied development policies and
standards, as reflected in State CEQA Guidelines section 15183, that can be used to find that
environmental effects will not be considered peculiar to the parcel. This list of standards was
also amended by the updates to Section 15183 by the California Natural Resources Agency to
include "requirements for reducing greenhouse gas emissions, as set forth in adopted land use
plan, policies, or regulations."
Section 5.18. Substantial additions were made to this section, entitled "Climate Change and
Greenhouse Gas Emissions," based on revisions to the State CEQA Guidelines by the California
Natural Resources Agency.
Part A was added in response to the newly added Section 15064.4 of the State CEQA Guidelines.
It highlights the public agency's discretion to choose the model or methodology used for
assessing greenhouse gases based on the specific project. It also explains the public agency's
need to support that choice with substantial evidence in the record of proceedings, while also
explaining any limitations related to that choice. As described in this part, the public agency also
has the discretion to rely on qualitative analysis or performance -based standards.
Part B describes the tools available for determining thresholds of significance related to
greenhouse gases, as added in response to amendments to State CEQA Guidelines section 15125,
subdivision (d) and the addition of Section 15064.4. This part highlights the analysis of factors
listed in the State CEQA Guidelines, including whether the project provides an overall increase
or decrease in greenhouse gas emissions relative to the environmental setting, whether the
project exceeds an applicable threshold of significance, and whether the project is consistent with
the requirements in an applicable plan. This part also highlights that an EIR must discuss
inconsistencies with general plans, specific plans, or regional plans, including air quality
attainment plans, regional blueprint plans, and plans for the reduction of greenhouse gas
emissions. In adopting thresholds of significance, lead agencies may consider thresholds of
significance previously adopted or recommended by other public agencies or by experts,
provided the decision is supported by substantial evidence. Additionally, although a project may
ultimately comply with adopted regulations or requirements, preparation of an EIR may still be
required if there is substantial evidence that the possible effects of a project are nonetheless still
cumulatively considerable. Furthermore, this part reiterates the need to analyze greenhouse gas
emissions when the incremental contribution from the project's emissions may be cumulatively
considerable.
Part C describes mitigation measures related to greenhouse gases, as reflected in the amendments
to State CEQA Guidelines section 15126.4, subdivision (c). Lead Agencies must consider
feasible means of mitigating significant effects of greenhouse gas emissions, and mitigation
measures must be supported with substantial evidence and capable of monitoring or reporting.
Broad categorical examples of measures are provided in this part, including measures identified
in a plan or program for greenhouse gas reduction, project design changes or other measures in
-2-
Appendix F, offsite measures, sequestration, and the development of a plan for reducing local
emissions.
Part D discusses the streamlined analysis of greenhouse gas emissions, as reflected in the newly
added State CEQA Guidelines section 15183.5. This section highlights the exemption of certain
transit priority projects and mixed use projects from greenhouse gas analysis, as provided by the
adoption of SB 375, codified in Public Resources Code sections 21155, 21155.2, and 21159.28.
This part, however, cautions that even if the exemption is applicable to the project, the Lead
Agency may still need to consider whether the project will result in greenhouse gas emissions
from other sources.
Part E indicates that the analysis of greenhouse gas emission impacts can be performed at a
programmatic level, with later project- specific environmental documents "tiered" from that
analysis, or through incorporating the programmatic review by reference into the later project
specific documents. This part reflects the new addition of State CEQA Guidelines section
15183.5, subdivision (a).
Part F describes how a public agency may develop a plan for the reduction of greenhouse gases
that can be used for analyzing and mitigating greenhouse gas emissions, as described in the
newly added State CEQA Guidelines section 15183.5, subdivision (b). The plan should quantify
emissions within a defined area, establish a level where emissions are not cumulatively
considerable, identify and analyze emissions from activities or categories within the geographic
area, identify measures that will reduce levels in order to achieve emission targets, monitor
progress and make changes as necessary in the future, and be adopted through a public process
following environmental review. Once adopted, the plan can be used in the cumulative impacts
analysis of later projects if the mitigation measures are identified and are binding and
enforceable. However, if there is still substantial evidence that a particular project will have a
cumulatively considerable impact, despite compliance with the plan, an EIR must be prepared.
Section 5.19. A new section entitled "Energy Conservation" was added in response to revisions
to State CEQA Guidelines Appendix F, which indicates that potentially significant energy
implications in a project must be considered in an EIR, to the extent they are relevant and
applicable. This section indicates that the project description should include applicable or
relevant energy consuming equipment, energy requirements by fuel type and end use, energy
conservation equipment and design features, energy supplies that would serve the project, and
the estimated daily vehicle trips and energy consumed by those vehicle trips.
The environmental setting may include the local and regional energy supply and use patterns.
The public agency may consider the extent to which energy supplies have been adequately
considered in other environmental documents. Environmental impacts may include energy
requirements and energy use efficiencies, the effect on energy supplies, the effect on peak and
base period demands, compliance with existing energy standards, the effects on energy
resources, transportation energy use, and the use of efficient transportation alternatives.
This section indicates that unavoidable adverse effects include wasteful, inefficient and
unnecessary consumption of energy that cannot be feasibly mitigated, and the irreversible
-3-
commitment of resources can include a discussion of how the project preempts energy
development or conservation. Additionally, alternatives should be compared based on overall
energy consumption and in terms of reducing wasteful, inefficient, and unnecessary energy
consumption.
Section 6.12. A new section entitled "Types of Mitigation" was added, which presents potential
types of mitigation that a public agency may consider in response to California Native Plant
Society v. County of El Dorado (2009) 170 Cal.App.4th 1026, which discussed the mitigation of
impacts to rare plants located on a project site. The non exhaustive list of categories that should
be considered includes avoidance, preservation, rehabilitation or replacement either on -site or
off -site, and/or participation in a fee program.
Section 6.21. This section was amended to reflect updates to the Title 14, Section 753.5 of the
California Code of Regulations, effective in July 2009, and to indicate the increase in
Department of Fish and Game filing fees for a Notice of Determination for a Negative
Declaration from $1,993.00 to $2,010.25. This section indicates that if a lead agency believes
that the project will have "no effect" on fish and wildlife resources, it should contact the
Department of Fish and Game, request a fee exemption, and provide supporting documentation.
This section highlights previous examples of projects that qualified for such an exemption, such
as minor zone changes that did not lead to physical alterations to the environment, or
modifications to existing structures. The "no effect" requirement is a considerably more
stringent threshold for the exemption than the prior "de minimis" requirement. Exemptions may
only be granted if the project would not result in or have the potential to result in (1) harm,
harassment, or take of any fish and/or wildlife species; (2) direct or indirect destruction, ground
disturbance, or other modification of any habitat that may support fish and/or wildlife species;
(3) the removal of vegetation with potential to support wildlife; (4) noise, vibration, dust, light,
pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a
distance; or (5) any interference with the movement of any fish and/or wildlife species.
Section 7.12. This section was amended to indicate that all or portions of other documents may
be incorporated by reference into Negative Declarations and Mitigated Negative Declarations, as
well as EIRs.
Section 7.14. Subsection (e) of this section was amended to reflect the addition of "specific
plans" to the types of plans that should be analyzed in the EIR for inconsistencies relative to the
project. This revision was newly amended in State CEQA Guidelines section 15125, subdivision
(d). This subsection was also amended to include examples of such plans, including the
applicable air quality attainment or maintenance plan or State Implementation Plan, area -wide
waste treatment and water quality control plans, regional transportation plans, regional housing
allocation, habitat conservation plans, natural community conservation plans and regional land
use plans. To reflect modifications to State CEQA Guidelines section 15125, subdivision (d),
regional blueprint plans and plans for the reduction of greenhouse gas emissions have also been
included in this list of plans that should be checked for inconsistency with the project in the EIR.
Subsection (g) adds a requirement for the EIR to contain potentially significant energy
implications of a project, to the extent they are relevant, as was previously indicated in the
-4-
amendments to Section 5.19 of the Local Guidelines and also reflected in Appendix F of the
State CEQA Guidelines.
Subsection (j) adds clarification to the analysis of growth- inducing impacts, such that it may
include an estimate of the energy consumption of growth that is induced by the project.
Section 7.15. A new section entitled "Consideration and Discussion of Significant
Environmental Impacts" was added to reflect State CEQA Guidelines section 15126.2, as well as
the new amendments that were made within that section of the State CEQA Guidelines. This
section indicates that an EIR must identify and focus on significant environmental effects of the
project by comparing changes that would result from the project to the physical conditions that
exist at the time of the Notice of Preparation. However, if no Notice of Preparation is prepared,
then conditions at the time that the environmental review is commenced should be used.
Direct and indirect effects and short and long -term effects should be analyzed to include the
following: relevant specifics of the area, the resources involved, physical changes, altered
ecology, changes in population distribution, population concentrations, land use, associated
health and safety problems, impacts from growth inducement, and other aspects that impact
resources including water, historical resources, scenic quality, and public services.
This section also indicates that an EIR should address environmental effects of bringing people
into an area, and reflects amendments in State CEQA Guidelines section 15126.2 related to
analyzing the impacts from locating developments within areas susceptible to hazardous
conditions, such as floodplains, coastlines, and wildfire risk areas, as identified on authoritative
hazard maps, risk assessments, or land use plans addressing such hazards.
This section indicates that all significant impacts must be described, including those that cannot
be mitigated to a level of less than significant. The implications of unavoidable impacts should
be described, as well as the reasons why the project is being proposed, despite their effect.
Significant irreversible environmental changes must be discussed, including the use of
nonrenewable resources, which may include how the project preempts future energy
development or conservation. Evaluation should assure that consumption of resources is
justified.
Section 7.16. This section, relating to cumulative impacts analysis, was partly amended in
response to California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th
1026, to indicate that when the public agency is relying on a fee program or mitigation measure,
the public agency needs to identify the facts and analysis supporting its conclusion that the
cumulative impact is less than significant.
This section was also amended to reflect revisions to State CEQA Guidelines section 15064,
subdivision (h), allowing the determination that a project's incremental contributions are not
cumulatively considerable if the project complies with a previously approved plan or program
providing requirements that will avoid or substantially lessen the cumulative problem in the
project's geographic area. Such plans and programs include water quality control plans, air
quality attainment or maintenance plans, integrated waste management plans, habitat
-5-
conservation plans, natural community conservation plans, and /or plans or regulations for the
reduction of greenhouse gas emissions. This section also indicates that the public agency should
explain how the implementation of particular requirements will ensure that the incremental
contribution is not cumulatively considerable.
This section was also further amended in response to changes in State CEQA Guidelines section
15130, subdivision (b)(1)(B), related to the discussion of significant cumulative impacts. The
revision indicates that the required discussion can be satisfied through a summary of projections
contained in an adopted planning document describing or evaluating the conditions contributing
to the cumulative effect. Such documents include general plans, regional transportation plans,
plans for the reduction of greenhouse gas emissions, or adopted or certified environmental
documents for such plans. These projections may also be supplemented with information from a
regional modeling program. Documents used in creating a summary of projections, however,
must be referenced and made available to the public.
Section 7.18. This section was amended in response to California Native Plant Society v. City of
Santa Cruz (2009) 177 Cal.App.4th 957, and City of Long Beach v. Los Angeles Unified School
District (2009), 176 Cal.App.4th 889, related to the evaluation of alternatives. This amendment
indicates that a matrix used for displaying the characteristics and significant impacts of each
alternative may also identify and compare the extent to which each alternative meets the project
objectives. This amendment highlights the importance of discussing the objectives in the
alternatives analysis.
This section was also amended with respect to the analysis of alternative locations. This
amendment indicates that if a previously prepared document is used for the analysis of
alternative locations, and it sufficiently analyzed a reasonable range of alternative locations and
environmental impacts for a similar project with the same basic purpose, the public agency
should incorporate that document by reference into the EIR.
Section 7.32. This section was amended to clarify that a Statement of Overriding Considerations
must be adopted before a project with unmitigated significant adverse environmental effects can
be approved. Additionally, it was amended to indicate that if specific benefits are found to
outweigh unavoidable adverse environmental effects, such effects may be considered
"acceptable." This section was also amended to clarify that legal benefits may be considered,
and to reflect that pursuant to amendments in State CEQA Guidelines section 15093, subdivision
(a), region -wide and state -wide environmental benefits may be considered.
Section 7.37. This section was amended to reflect the increase in filing fees imposed by the
Department of Fish and Game for an EIR from $2,768.25 to $2,792.25.
Section 9.02. This section was amended in response to changes in the requirements for
organizing the administrative record for litigation, pursuant to California Rules of Court, rule
3.1366, which became effective on January 1, 2010. The administrative record should be
organized into the following sections with either separated tabs or electronic bookmarks: (1) an
index listing each document in the order presented, with titles, a brief description, and the
volume and page where the document begins; (2) the Notice of Determination; (3) resolutions or
-6-
ordinances adopted approving the project; (4) findings and any statement of overriding
considerations; (5) the Final EIR, including the Draft EIR or a revision of the draft, matters
included in the Final EIR, and other types of environmental documents prepared under CEQA;
(6) the initial study; (7) staff reports in chronological order; (8) transcripts and minutes of
hearings in chronological order; and (9) all other documents appropriate for inclusion in the
administrative record in chronological order. Oversized documents should be presented in a
manner that allows them to be easily unfolded and viewed. This section additionally notes that a
court has discretion to allow the documents to be organized in a different manner.
Section 10.24. This section was added in response to State CEQA Guidelines section 15364.5,
which added the definition of "Greenhouse Gas." The definition includes, but is not solely
limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride.
Section 10.67. This section was amended in response to a minor technical edit in State CEQA
Guidelines section 15086, subdivision (a)(6), which changed "State Air Resources Board" to
"California Air Resources Board."
Other Changes. Several other minor grammatical and/or formatting changes were made to the
Local Guidelines to facilitate the reading and use of the Local Guidelines.
Form H. The form for the Notice of Completion was amended to add greenhouse gases to the
list of potential impacts.
Form J. The form for the Initial Study Checklist was revised to comply with revisions to the
State CEQA Guidelines, as discussed above, and to add new questions addressing greenhouse
gases.
Form L. The Request for Fee Exemption form was amended to adhere to the sample letter from
the California Department of Fish and Game, published September 2009.
Conclusion
As always, CEQA remains complicated and difficult to apply. The only constant in this
area of law is how quickly the rules change. Should you have any questions about any of the
provisions discussed above, or about the environmental review of any of your agency's projects,
please contact a BB &K attorney for assistance.
BEST BEST KRIEGER LLP
LOCAL GUIDELINES
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(2010 REVISION)
Best Best Krieger LLP
TABLE OF CONTENTS
Page
1. GENERAL PROVISIONS, PURPOSE AND POLICY 1 -1
1.01 General Provisions 1 -1
1.02 Purpose 1 -1
1.03 Applicability 1 -1
1.04 Reducing Delay and Paperwork 1 -2
1.05 Compliance With State Law 1 -3
1.06 Terminology 1-3
1.07 Partial Invalidity 1 -3
1.08 Electronic Delivery of Comments and Notices 1 -3
1.09 State Agency Furloughs 1 -4
2. LEAD AND RESPONSIBLE AGENCIES 2 -1
2.01 Lead Agency Principle 2-1
2.02 Selection of Lead Agency 2 -1
2.03 Duties of a Lead Agency 2 -1
2.04 Projects Relating to Development of Hazardous Waste and Other Sites 2 -2
2.05 Responsible Agency Principle 2 -3
2.06 Duties of a Responsible Agency 2 -3
2.07 Response to Notice of Preparation by Responsible Agencies 2 -4
2.08 Use of Final EIR or Negative Declaration by Responsible Agencies 2 -4
2.09 Shift in Lead Agency Responsibilities 2 -4
3. ACTIVITIES EXEMPT FROM CEQA 3 -1
3.01 Actions Subject to CEQA 3 -1
3.02 Ministerial Actions 3 -1
3.03 Exemptions in General 3 -2
3.04 Preliminary Exemption Assessment 3 -2
3.05 Notice of Exemption 3 -2
3.06 Disapproved Projects 3 -2
3.07 Projects with No Possibility of Significant Effect 3 -3
3.08 Emergency Projects 3 -3
3.09 Feasibility and Planning Studies 3 -3
3.10 Rates, Tolls, Fares and Charges 3 -3
-i-
TABLE OF CONTENTS
(continued)
Page
3.11 Subsurface Pipelines within a Public Right -of -Way 3 -4
3.12. Certain Residential Housing Projects 3 -4
3.13 Minor Alterations to Fluoridate Water Utilities 3 -10
3.14 Ballot Measures 3 -10
3.15 Transit Priority Project 3 -10
3.16 Other Specific Exemptions 3 -10
3.17 Categorical Exemptions 3 -11
4. TIME LIMITATIONS 4 -1
4.01 Review of Private Project Applications 4 -1
4.02 Determination of Type of Environmental Document 4 -1
4.03 Completion and Adoption of Negative Declaration 4 -1
4.04 Completion and Certification of Final EIR 4 -1
4.05 Projects Subject to the Permit Streamlining Act 4 -1
4.06 Projects, Other Than Those Subject to the Permit Streamlining Act, with
Short Time Periods for Approval 4 -2
4.07 Waiver or Suspension of Time Periods 4 -2
5. INITIAL STUDY 5 -1
5.01 Preparation of Initial Study 5 -1
5.02 Informal Consultation with Other Agencies 5 -1
5.03 Consultation with Private Project Applicant 5 -2
5.04 Projects Subject to NEPA 5 -2
5.05 An Initial Study 5 -3
5.06 Contents of Initial Study 5 -3
5.07 Use of a Checklist Initial Study 5 -3
5.08 Evaluating Significant Environmental Effects 5 -4
5.09 Mandatory Findings of Significant Effect 5 -4
5.10 Mandatory Preparation of an EIR for Waste- Burning Projects 5 -6
5.11 Development Pursuant To An Existing Community Plan And EIR 5 -7
5.12 Land Use Policies 5 -7
5.13 Evaluating Impacts on Historical Resources 5 -7
5.14 Evaluating Impacts on Archaeological Sites 5 -8
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5.15 Consultation with Water Agencies Regarding Large Development Projects 5 -9
5.16 Subdivisions with More Than 500 Dwelling Units 5 -11
5.17 Impacts to Oak Woodlands 5 -11
5.18 Climate Change And Greenhouse Gas Emissions 5 -12
5.19 Energy Conservation 5 -15
5.20 Environmental Impact Assessment 5 -16
5.21 Final Determination 5 -16
6. NEGATIVE DECLARATION 6 -1
6.01 Decision to Prepare a Negative Declaration 6 -1
6.02 Decision to Prepare a Mitigated Negative Declaration 6 -1
6.03 Contracting for Preparation of Negative Declaration 6 -1
6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative
Declaration 6 -1
6.05 Projects Affecting Military Services; Department of Defense Notification 6 -3
6.06 Special Findings Required for Facilities Which May Emit Hazardous Air
Emissions Near Schools 6 -4
6.07 Posting and Publication of Negative Declaration or Mitigated Negative
Declaration 6 -4
6.08 Submission of Negative Declaration or Mitigated Negative Declaration to
State Clearinghouse 6 -5
6.09 Special Notice Requirements for Waste- and Fuel- Burning Projects 6 -7
6.10 Consultation with Water Agencies Regarding Large Development Projects 6 -8
6.11 Content of Negative Declaration 6 -8
6.12 Types of Mitigation 6-8
6.13 Adoption of Negative Declaration or Mitigated Negative Declaration 6 -8
6.14 Mitigation Reporting or Monitoring Program for Mitigated Negative
Declaration 6 -9
6.15 Approval or Disapproval of Project 6 -10
6.16 Recirculation of a Negative Declaration or Mitigated Negative Declaration 6 -10
6.17 Notice of Determination on a Project for Which a Proposed Negative or
Mitigated Negative Declaration Has Been Approved 6 -11
6.18 Addendum to Negative Declaration 6 -12
6.19 Subsequent Negative Declaration 6 -12
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6.20 Private Project Costs 6 -13
6.21 Filing Fees for Projects Which Affect Wildlife Resources 6 -13
7. ENVIRONMENTAL IMPACT REPORT 7 -1
7.01 Decision to Prepare an EIR 7 -1
7.02 Contracting for Preparation of EIRs 7 -1
7.03 Notice of Preparation of Draft EIR 7 -1
7.04 Special Notice Requirements for Affected Military Agencies 7 -2
7.05 Preparation of Draft EIR 7 -3
7.06 Consultation with Other Agencies and Persons 7 -3
7.07 Early Consultation on Projects Involving Permit Issuance 7 -5
7.08 Consultation with Water Agencies Regarding Large Development Projects 7 -5
7.09 Airport Land Use Plan 7 -5
7.10 General Aspects of an EIR 7 -5
7.11 Use of Registered Consultants in Preparing EIRs 7 -6
7.12 Incorporation by Reference 7 -6
7.13 Standards for Adequacy of an EIR 7 -7
7.14 Form and Content of EIR 7 -7
7.15 Consideration and Discussion of Significant Environmental Impacts 7 -9
7.16 Analysis of Cumulative Impacts 7 -9
7.17 Analysis of Mitigation Measures 7 -11
7.18 Analysis of Alternatives in an EIR 7 -12
7.19 Analysis of Future Expansion 7 -14
7.20 Notice of Completion of Draft EIR; Notice of Availability of Draft EIR 7 -15
7.21 Submission of Draft EIR to State Clearinghouse 7 -17
7.22 Special Notice Requirements for Waste And Fuel Burning Projects 7 -19
7.23 Time For Review of Draft EIR; Failure to Comment 7 -19
7.24 Public Hearing on Draft EIR 7 -20
7.25 Response to Comments on Draft EIR 7 -20
7.26 Preparation and Contents of Final EIR 7 -21
7.27 Recirculation When New Information Is Added to EIR 7 -21
7.28 Certification of Final EIR 7 -22
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7.29 Consideration of EIR Before Approval or Disapproval of Project 7 -23
7.30 Findings 7 -23
7.31 Special Findings Required for Facilities Which May Emit Hazardous Air
Emissions Near Schools 7 -24
7.32 Statement of Overriding Considerations 7 -24
7.33 Mitigation Monitoring or Reporting Program for EIR 7 -25
7.34 Notice of Determination 7 -27
7.35 Disposition of a Final EIR 7 -28
7.36 Private Project Costs 7 -28
7.37 Filing Fees for Projects Which Affect Wildlife Resources 7 -28
8. TYPES OF FIRS 8 -1
8.01 EIRs Generally 8 -1
8.02 Tiering 8 -1
8.03 Project EIR 8 -1
8.04 Subsequent EIR 8 -2
8.05 Supplemental EIR 8 -3
8.06 Addendum to an EIR 8 -3
8.07 Staged EIR 8 -3
8.08 Program EIR 8 -4
8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations 8 -4
8.10 Use of an EIR from an Earlier Project 8 -5
8.11 Master EIR 8 -5
8.12 The City May Develop a Fee Program to Fund the Costs of a Focused EIR 8 -6
8.13 Special Requirements for Redevelopment Projects 8 -7
9. CEQA LITIGATION 9 -1
9.01 Timelines 9 -1
9.02 Administrative Record 9 -1
10. DEFINITIONS 10 -1
10.01 "Agricultural Employee" 10 -1
10.02 "Applicant" 10 -1
10.03 "Approval" 10 -1
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10.04 "Baseline" 10 -2
10.05 "Categorical Exemption" 10 -2
10.06 "Census- Defined Place" 10 -2
10.07 "CEQA" 10 -2
10.08 "City" 10 -2
10.09 "Clerk" 10 -2
10.10 "Community -Level Environmental Review" 10 -2
10.11 "Cumulative Impacts" 10 -3
10.12 "Cumulatively Considerable" 10 -3
10.13 "Decisionmaking Body" 10 -3
10.14 "Developed Open Space" 10 -3
10.15 "Development Project" 10 -3
10.16 "Discretionary Project" 10 -3
10.17 "Emergency" 10 -3
10.18 "Endangered, Rare or Threatened Species" 10 -4
10.19 "Environment" 10 -4
10.20 "EIR" 10 -4
10.21 "Feasible" 10 -4
10.22 "Final EIR" 10 -4
10.23 "Guidelines" or "Local CEQA Guidelines" 10 -5
10.24 "Greenhouse Gas" 10 -5
10.25 "Historical Resources" 10 -5
10.26 "Infill Site" 10 -6
10.27 "Initial Study" 10 -6
10.28 "Jurisdiction by Law" 10 -6
10.29 Land Disposal Facility 10 -6
10.30 "Large Treatment Facility" 10 -6
10.31 "Lead Agency" 10 -7
10.32 "Low- Income Households" 10 -7
10.33 "Low- and Moderate Income Households" 10 -7
10.34 "Lower Income Households" 10 -7
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10.35 "Low -Level Flight Path" 10 -7
10.36 "Major Transit Stop" 10 -7
10.37 "Metropolitan Planning Organization" 10 -8
10.38 "Military Impact Zone" 10 -8
10.39 "Military Service" 10 -8
10.40 "Ministerial" 10 -8
10.41 "Mitigated Negative Declaration" or "MND" 10 -8
10.42 "Mitigation" 10 -8
10.43 "Negative Declaration" or "ND" 10 -9
10.44 "Notice of Completion" 10 -9
10.45 "Notice of Determination" 10 -9
10.46 "Notice of Exemption" 10 -9
10.47 "Notice of Preparation" 10 -9
10.48 "Oak" 10 -9
10.49 "Oak Woodlands" 10 -9
10.50 "Offsite Facility" 10 -9
10.51 "Person" 10 -9
10.52 "Private Project" 10 -10
10.53 "Project" 10 -10
10.54 "Project- Specific Effects" 10 -10
10.55 "Public Water System" 10 -10
10.56 "Qualified Urban Use" 10 -11
10.57 "Residential" 10 -11
10.58 "Responsible Agency" 10 -11
10.59 "Significant Effect" 10 -11
10.60 "Special Use Airspace" 10 -11
10.61 "Staff' 10 -11
10.62 "Standard" 10 -11
10.63 "State Guidelines" or "State CEQA Guidelines" 10 -12
10.64 "Substantial Evidence" 10 -12
10.65 "Sustainable Communities Strategy" 10 -12
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10.66 "Tiering" 10 -12
10.67 "Transit Priority Project" 10 -12
10.68 "Transportation Facilities" 10 -13
10.69 "Trustee Agency" 10 -13
10.70 "Urbanized Area" 10 -13
10.71 "Urban Growth Boundary" 10 -14
10.72 "Water Acquisition Plans" ,A10 -14
10.73 "Water Assessment" or "Water Supply Assessment" 10 -14
10.74 "Water Demand Project" 10 -15
10.75 "Wetlands" 10 -15
10.76 "Wildlife Habitat" 10 -15
10.77 "Zoning Approval" 10 -16
11. FORMS 11 -1
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Local Guidelines for Implementing the
California Environmental Ouality Act (2010j
(2010 REVISION)
1. GENERAL PROVISIONS, PURPOSE AND POLICY
1.01 GENERAL PROVISIONS.
These Local Guidelines "Local Guidelines are to assist the City of Arcadia "City") in
implementing the provisions of the California Environmental Quality Act "CEQA These
Local Guidelines are consistent with the Guidelines for the Implementation of CEQA "State
Guidelines which have been promulgated by the Resources Agency for the guidance of state
and local agencies in California. These Local Guidelines have been adopted pursuant to
California Public Resources Code Section 21082.
1.02 PURPOSE.
The purpose of these Local Guidelines is to help the City accomplish the following basic
objectives of CEQA:
(a) To enhance and provide long -term protection for the environment, while providing a
decent home and satisfying living environment for every Californian.
(b) To provide information to governmental decision makers and the public regarding the
potential significant environmental effects of the proposed project.
(c) To provide an analysis of the environmental effects of future actions associated with the
project to adequately apprise all interested parties of the true scope of the project for
intelligent weighing of the environmental consequences of the project.
(d) To identify ways that environmental damage can be avoided or significantly reduced.
(e) To prevent significant avoidable environmental damage through utilization of feasible
project alternatives or mitigation measures.
(f) To disclose and demonstrate to the public the reasons why a governmental agency
approved the project in the manner chosen. Public participation is an essential part of the
CEQA process. Each public agency should encourage wide public involvement, formal
and informal, in order to receive and evaluate public reactions to environmental issues
related to a public agency's activities. Such involvement should include, whenever
possible, making environmental information available in electronic format on the
Internet, on a web site maintained or utilized by the public agency.
1.03 APPLICABILITY.
These Guidelines apply to any activity of the City which constitutes a "project" as
defined in Local Guidelines Section 10.53. These Local Guidelines are also intended to assist
the City in determining whether a proposed activity does not constitute a project that is subject to
CEQA review, or whether the activity is exempt from CEQA.
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An Environmental Impact Report "EIR is required for each such project which may
have a significant effect on the environment. When the City finds that a project will have no
significant environmental effect, a Negative Declaration or Mitigated Negative Declaration
rather than an EIR shall be prepared.
An EIR serves several functions for the benefit of the City and the public. An EIR: (1)
identifies and analyzes the significant environmental effects of a proposed project; (2) identifies
alternatives to the project; and (3) discloses possible ways to reduce or avoid potential
environmental damage. These matters are to be evaluated by the City before the project is
approved or disapproved.
The EIR is an informational document. It should not be used to rationalize approval of a
project. CEQA requires that decisions be informed and balanced. It must not be subverted into
an instrument for the oppression and delay of social, economic, or recreational development or
advancement. Indications of adverse environmental impacts from the project which are
identified in the EIR do not necessarily require disapproval of a project. Rather, when an EIR
shows that a project would cause substantial adverse changes in the environment, the City must
respond to the information by one or more of the following methods:
(a) Changing the proposed project;
(b) Imposing conditions on the approval of the project;
(c) Adopting plans or ordinances to control a broader class of activities to avoid the
problems;
(d) Choosing an alternative way of meeting the same need;
(e) Disapproving the project; or
(f) Finding that the unavoidable, significant environmental impact is acceptable pursuant to a
Statement of Overriding Considerations.
Although CEQA requires that major consideration be given to preventing environmental
damage, the City also has an obligation to balance other public objectives for each project
including economic and social factors.
1.04 REDUCING DELAY AND PAPERWORK.
The State Guidelines encourage local governmental agencies to reduce delay and
paperwork by, among other things
(a) Integrating the CEQA process into early planning review; to this end, the project
approval process and these procedures, to the maximum extent feasible, are to run
concurrently, not consecutively;
(b) Identifying projects which fit within categorical or other exemptions and are therefore
exempt from CEQA processing;
(c) Using initial studies to identify significant environmental issues and to narrow the scope
of EIRs;
(d) Using a Negative Declaration when a project not otherwise exempt will not have a
significant effect on the environment;
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California Environmental Quality Act (2010) GENERAL PROVISIONS, PURPOSE AND POLICY
(e)
(f)
(g)
(h)
(i)
(1)
(k)
(1)
(m)
(n)
(o)
(p)
(q)
(r)
Consulting with state and local responsible agencies before and during the preparation of
an EIR so that the document will meet the needs of all the agencies which will use it;
Allowing applicants to revise projects to eliminate possible significant effects on the
environment, thereby enabling the project to qualify for a Negative Declaration rather
than an EIR;
Integrating CEQA requirements with other environmental review and consultation
requirements;
Emphasizing consultation before an EIR is prepared, rather than submitting adverse
comments on a completed document;
Combining environmental documents with other documents, such as general plans;
Eliminating repetitive discussions of the same issues by using EIRs on programs, policies
or plans and tiering from statements of broad scope to those of narrower scope;
Reducing the length of EIRs by means such as setting appropriate page limits;
Preparing analytic, rather than encyclopedic EIRs;
Mentioning insignificant issues only briefly;
Writing EIRs in plain language;
Following a clear format for EIRs;
Emphasizing the portions of the EIR that are useful to decision makers and the public and
reducing emphasis on background material;
Incorporating information by reference; and
Making comments on EIRs as specific as possible.
1.05 COMPLIANCE WITH STATE LAW.
These Local Guidelines are intended to implement the provisions of CEQA and the State
Guidelines, and the provisions of CEQA and the State Guidelines shall be fully complied with
even though they may not be set forth or referred to herein.
1.06 TERMINOLOGY.
The terms "must" or "shall" identify mandatory requirements. The terms "may" and
"should" are permissive, with the particular decision being left to the discretion of the City.
1.07 PARTIAL INVALIDITY.
In the event any part or provision of these Local Guidelines shall be determined to be
invalid, the remaining portions which can be separated from the invalid unenforceable provisions
shall continue in full force and effect.
1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES.
Individuals may file a written request to receive copies of public notices provided under
these Local Guidelines or the State Guidelines. The requestor may elect to receive these notices
via email rather than regular mail. Notices sent by email are deemed delivered when the staff
person sending the email sends it directed to the last email address provided by the requestor to
the public agency. The City may require requests for notices to be renewed annually.
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California Environmental Quality Act (2010) GENERAL PROVISIONS. PURPOSE AND POLICY
Individuals may also submit comments on the CEQA documentation for a project via
email. Comments submitted via email shall be treated as written comments for all purposes.
Comments sent to the public agency via email are deemed received when they actually arrive in
an email account of a staff person who has been designated or identified as the point of contact
for a particular project.
1.09 STATE AGENCY FURLOUGHS.
Due to budget concerns, the Governor instituted mandatory furlough days for state
government agencies beginning in 2009. As part of the furlough every court in the state is closed
on the third Wednesday of every month. Additionally, most state government offices will be
closed three days a month. The closures are schdduled to last until June 30, 2010. If the City has
time sensitive materials or needs to consult with a state agency, please check with the applicable
state agency office or with the City's attorney to ensure compliance with all applicable deadlines.
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2.01 LEAD AGENCY PRINCIPLE.
The City will be the Lead Agency if it will have principal responsibility for carrying out
or approving a project. Where a project is to be carried out or approved by more than one public
agency, only one agency shall be responsible for the preparation of environmental documents.
This agency shall be called the Lead Agency.
2.02 SELECTION OF LEAD AGENCY.
Where two or more public agencies will be involved with a project, the Lead Agency
shall be designated according to the following criteria:
(a)
(b)
If the project will be carried out by a public agency, that agency shall be the Lead Agency
even if the project will be located within the jurisdiction of another public agency.
If the project will be carried out by a nongovernmental person or entity, the Lead Agency
shall be the public agency with the greatest responsibility for supervising and approving
the project as a whole. The Lead Agency will normally be the agency with general
governmental powers, rather than an agency with a single or limited purpose. (For
example, a district which will provide a public service or utility to the project serves a
limited purpose.) If two or more agencies meet this criteria equally, the agency which
acts first on the project will be the Lead Agency.
If two or more public agencies have a substantial claim to be the Lead Agency under
either (a) or (b), they may designate one agency as the Lead Agency by agreement. An
agreement may also provide for cooperative efforts by contract, joint exercise of powers, or
similar devices. If the agencies cannot agree which agency should be the Lead Agency for
preparing the environmental document, any of the disputing public agencies or the project
applicant may submit the dispute to the Office of Planning and Research. Within 21 days of
receiving the request, the Office of Planning and Research will designate the Lead Agency. The
Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute.
A "dispute" means a contested, active difference of opinion between two or more public
agencies as to which of those agencies shall prepare any necessary environmental document. A
dispute exists when each of those agencies claims that it either has or does not have the
obligation to prepare that environmental document.
2.03 DUTIES OF A LEAD AGENCY.
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LEAD AND RESPONSIBLE AGENCIES
As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated
Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be
prepared, and consider the document before making its decision on whether and how to approve
the project. The documents may be prepared by Staff or by private consultants pursuant to a
contract with the City. However, the City shall independently review and analyze all draft and
final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative
Declaration reflects the independent judgment of the City prior to approval of the document. If a
Draft EIR or Final EIR is prepared under a contract to the City, the contract must be executed
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Local Guidelines for Implementing the
California Environmental Quality Actj20101 LEAD AND RESPONSIBLE AGENCIES
within forty -five (45) days from the date on which the City sends a Notice of Preparation. (See
Local Guidelines Section 7.02.)
During the process of preparing an EIR, the City shall have the following duties:
(a) Immediately after deciding that an EIR is required for a project, the City shall send to the
Office of Planning and Research and each Responsible Agency a Notice of Preparation
(Form "G stating that an EIR will be prepared. (See Local Guidelines Section 7.03.)
(b) The City shall prepare or cause to be prepared the Draft EIR for the project. (See Local
Guidelines Sections 7.05 and 7.14.)
(c) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form "H
with the Office of Planning and Research. (See Local Guidelines Section 7.20.)
(d) The City shall consult with state, federal and local agencies which exercise authority over
resources which may be affected by the project for their comments on the completed
Draft EIR. (See, e.g., Local Guidelines Sections 5.02, 5.15, Section 7.21.)
(e) The City shall provide public notice of the availability of a Draft EIR (Form "K at the
same time that it sends a Notice of Completion to the Office of Planning and Research.
(See Local Guidelines Section 7.20.)
(f) The City shall evaluate comments on environmental issues received from persons who
reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all
comments that raise significant environmental issues and that were timely received
during the public comment period. A written response must be provided to all public
agencies who commented on the project during the public review period at least ten (10)
days prior to certifying an EIR. (See Local Guidelines Section 7.25.)
(g) The City shall prepare or cause to be prepared a Final EIR before approving the project.
(See Local Guidelines Section 7.26.)
(h) The City shall certify that the Final EIR has been completed in compliance with CEQA
and has been reviewed by the City Council. (See Local Guidelines Section 7.28.)
(i) The City shall include in the Final EIR any comments received from a Responsible
Agency on the Notice of Preparation or the Draft EIR. (See Local Guidelines Sections
2.07, 7.25 and 7.26.)
As Lead Agency, the City may charge a non elected body, such as the Planning
Department, Development Services Department or Planning Commission, with the responsibility
of making a finding of exemption or adopting, certifying or authorizing environmental
documents; however, the City must have a procedure allowing for the appeal of the CEQA
decisions of any non elected body to the City Council. Existing provisions of the municipal code
may be used to satisfy this requirement.
2.04 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES.
An applicant for a development project must submit a signed statement to the City stating
whether the project and any alternatives are located on a site which is included in any list
compiled by the Secretary for Environmental Protection of the California Environmental
Protection Agency "California EPA listing hazardous waste sites and other specified sites
located in the City. The applicant's statement must contain the following information:
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LEAD AND RESPONSIBLE AGENCIES
(a) The applicant's name, address, and phone number.
(b) Address of site, and local agency (city /county).
(c) Assessor's book, page, and parcel number.
(d) The list which includes the site, identification number, and date of list.
Before accepting as complete an application for any development project as defined in
Local Guidelines Section 10.15, the City shall consult lists compiled by the Secretary for
Environmental Protection of the California EPA pursuant to Government Code Section 65962.5
listing hazardous waste sites and other specified sites located in the City. The City shall notify
an applicant for a development project if the project site is located on such a list and not already
identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative
Declaration (see Local Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see
Local Guidelines Section 7.03), the City shall specify the California EPA list, if any, which
includes the project site, and shall provide the information contained in the applicant's statement.
This provision does not apply to projects for which applications have been deemed
complete on or before January 1, 1992.
2.05 RESPONSIBLE AGENCY PRINCIPLE.
When a project is to be carried out or approved by more than one public agency, all
public agencies other than the Lead Agency which have discretionary approval power over the
project shall be identified as Responsible Agencies.
2.06 DUTIES OF A RESPONSIBLE AGENCY.
When it is identified as a Responsible Agency, the City shall consider the environmental
documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions
on whether and how to approve the project involved. The City shall also both respond to
consultation by the Lead Agency and attend meetings as requested by the Lead Agency to assist
the Lead Agency in preparing adequate environmental documents. The City should also review
and comment on Draft EIRs and Negative Declarations. Comments shall be limited to those
project activities which are within the City's area of expertise or are required to be carried out or
approved by the City or are subject to the City's powers. As a Responsible Agency, the City
may identify significant environmental effects of a project for which mitigation is necessary. As
a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures
which would address those significant environmental effects. If mitigation measures are
required, the City should submit to the Lead Agency complete and detailed performance
objectives for such mitigation measures which would address the significant environmental
effects identified, or refer the Lead Agency to appropriate, readily available guidelines or
reference documents. Any mitigation measures submitted to the Lead Agency by the City shall
be limited to measures which mitigate impacts to resources that are within the City's authority.
For private projects, the City, as a Responsible Agency, may require the project proponent to
provide such information as may be required and to reimburse the City for all costs incurred by it
in reporting to the Lead Agency.
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2.07 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES.
Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a
Responsible Agency, shall specify to the Lead Agency the scope and content of the
environmental information related to the City's area of statutory responsibility in connection
with the proposed project. At a minimum, the response shall identify the significant
environmental issues and possible alternatives and mitigation which the City, as a Responsible
Agency, will need to have explored in the Draft EIR. Such information shall be specified in
writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by
certified mail or any other method of transmittal which provides it with a record that the response
was received. The Lead Agency shall incorporate this information into the EIR.
2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES.
The City, as a Responsible Agency, shall consider the Lead Agency's Final EIR or
Negative Declaration before acting upon or approving a proposed project. The City must
independently review and consider the adequacy of the Lead Agency's environmental documents
prior to approving any portion of the proposed project. In certain instances the City may require
that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the
project over which the City has approval authority. Mitigation measures and alternatives deemed
feasible and relevant to the City's role in carrying out the project shall be adopted. Findings
which are relevant to the City's responsibility shall be made. After the City decides to approve or
carry out part of a project for which an EIR or negative declaration has previously been prepared
by the Lead Agency, the Responsible Agency should file a Notice of Determination with the
County Clerk within five (5) days of approval, but need not state that the Lead Agency's EIR or
Negative Declaration complies with CEQA. The Responsible Agency should state that it
considered the EIR or Negative Declaration as prepared by a Lead Agency.
2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES.
The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one
of the following three conditions is met:
(a) The Lead Agency did not prepare any environmental documents for the project, and the
statute of limitations has expired for a challenge to the action of the appropriate Lead
Agency.
(b) The Lead Agency prepared environmental documents for the project, and all of the
following conditions occur:
(1) A Subsequent or Supplemental EIR is required;
(2) The Lead Agency has granted a final approval for the project; and
(3) The statute of limitations has expired for a challenge to the action of the
appropriate Lead Agency.
(c) The Lead Agency prepared inadequate environmental documents without providing
public notice of a Negative Declaration or sending Notice of Preparation of an EIR to
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Responsible Agencies and the statute of limitations has expired for a challenge to the
action of the appropriate Lead Agency.
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3.01 ACTIONS SUBJECT TO CEQA.
"Project" does not include:
3.02 MINISTERIAL ACTIONS.
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3. ACTIVITIES EXEMPT FROM CEQA
ACTIVITIES EXEMPT FROM CEQA
CEQA applies to discretionary projects proposed to be carried out or approved by public
agencies such as the City. If the proposed activity does not come within the definition of
"project" contained in Local Guidelines Section 10.53, it is not subject to environmental review
under CEQA.
(a) Proposals for legislation to be enacted by the State Legislature;
(b) Continuing administrative or maintenance activities, such as purchases for supplies,
personnel- related actions, and general policy and procedure making (except as provided
in Local Guidelines Section 10.53);
(c) The submittal of proposals to a vote of the people in response to a petition drive initiated
by voters, or the enactment of a qualified voter sponsored initiative under California
Constitution Art. II, Section 11(a) and Election Code Section 9214;
(d) The creation of government funding mechanisms or other government fiscal activities
that do not involve any commitment to any specific project which may have a potentially
significant physical impact on the environment. Government funding mechanisms may
include, but are not limited to, assessment districts and community facilities districts;
(e) Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment; and
(f) Activities that do not result in a direct or reasonably foreseeable indirect physical change
in the environment.
Ministerial actions are not subject to CEQA review. A ministerial action is one that is
approved or denied by a decision which a public official or a public agency makes that involves
only the use of fixed standards or objective measurements without personal judgment or
discretion.
When a project involves an approval that contains elements of both a ministerial and
discretionary nature, the project will be deemed to be discretionary and subject to the
requirements of CEQA. The decision whether a proposed project or activity is ministerial in
nature may involve or require, to some extent, interpretation of the language of the legal
mandate, and should be made on a case -by -case basis. The following is a non exclusive list of
examples of ministerial activities:
(a) Issuance of business licenses;
(b) Approval of final subdivision maps and final parcel maps;
(c) Approval of individual utility service connections and disconnections;
(d) Issuance of licenses;
(e) Issuance of a permit to do street work; and
(f) Issuance of building permits where the City does not retain significant discretionary
power to modify or shape the project.
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3.03 EXEMPTIONS IN GENERAL.
CEQA and the State Guidelines exempt certain activities and provide that local agencies
should further identify and describe certain exemptions. The requirements of CEQA and the
obligation to prepare an E1R, Negative Declaration or Mitigated Negative Declaration do not
apply to the exempt activities which are set forth in CEQA, the State Guidelines and Chapter 3 of
these Local Guidelines.
3.04 PRELIMINARY EXEMPTION ASSESSMENT.
If, in the judgment of Staff, a proposed activity is exempt, Staff should so find on the
form entitled "Preliminary Exemption Assessment" (Form "A The Preliminary Exemption
Assessment shall be retained at City Hall as a public record.
3.05 NOTICE OF EXEMPTION.
After City approval of an exempt project, a "Notice of Exemption" (Form `B may be
filed by Staff with the Clerk. If City exempts an agricultural housing, affordable housing, or
residential infill project under State Guidelines Sections 15193, 15194 or 15195 and the City
approves or determines to carry out that project, it must file a notice with the Office of Planning
and Research "OPR identifying the exemption. The Preliminary Exemption Assessment shall
be attached to the Notice of Exemption for filing. If filed, the Clerk must post the Notice within
twenty -four (24) hours of receipt, and the Notice must remain posted for thirty (30) days.
Although no California Department of Fish and Game "DFG filing fee is applicable to exempt
projects, most counties customarily charge a documentary handling fee to pay for record keeping
on behalf of the DFG. Refer to the Index in the Staff Summary to determine if such a fee will be
required for the project.
The filing of a Notice of Exemption is recommended because it starts a 35 -day statute of
limitations on legal challenges to the City's determination that the project is exempt from CEQA.
The City is encouraged to make postings of all filed notices available in electronic format on the
Internet. These electronic postings are in addition to the procedures required by the State
Guidelines and the Public Resources Code. If a Notice of Exemption is not filed, a 180 -day
statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain
circumstances in which the City is required to file a Notice of Exemption.
When a request is made for a copy of the Notice prior to the date on which the City
determines the project is exempt, the Notice must be mailed, first class postage prepaid, within
five (5) days after the City's determination. If such a request is made following the City's
determination, then the copy should be mailed in the same manner as soon as possible.
3.06 DISAPPROVED PROJECTS.
Projects which the Lead Agency rejects or disapproves are exempt. An applicant shall
not be relieved of paying the costs for an EIR or Negative Declaration prepared for a project
prior to the Lead Agency's disapproval of the project.
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3.07 PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT.
Where it can be seen with absolute certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is exempt.
3.08 EMERGENCY PROJECTS.
The following types of emergency projects are exempt: (The term "emergency" is
defined in Local Guidelines Section 10.17.)
(a) Work in a disaster stricken area in which a state of emergency has been proclaimed by
the Governor pursuant to Section 8550 of the Government Code. This includes projects
that will remove, destroy, or significantly alter a historical resource when that resource
represents an imminent threat to the public of bodily harm or of damage to adjacent
property or when the project has received a determination by the State Office of Historic
Preservation pursuant to Section 5028(b) of the Public Resources Code.
(b) Emergency repairs to publicly or privately owned service facilities necessary to maintain
service essential to the public health, safety or welfare.
(c) Projects necessary to prevent or mitigate an emergency. This does not include long -term
projects undertaken for the purpose of preventing or mitigating a situation that has a low
probability of occurrence in the short-term.
(d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or
restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence,
gradual earth movement, or landslide, provided that the project is within the existing right
of way of that highway and is initiated within one year of the damage occurring. This
exemption does not apply to highways designated as official state scenic highways, nor to
any project undertaken, carried out, or approved by a public agency to expand or widen a
highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide; and
(e) Seismic work on highways and bridges pursuant to Section 180.2 of the Streets and
Highways Code Section.
3.09 FEASIBILITY AND PLANNING STUDIES.
A project that involves only feasibility or planning studies for possible future actions
which the City has not yet approved, adopted or funded is exempt.
3.10 RATES, TOLLS, FARES AND CHARGES.
The establishment, modification, structuring, restructuring or approval of rates, tolls,
fares or other charges by the City that the City finds are for one or more of the purposes listed
below are exempt.
(a) Meeting operating expenses, including employee wage rates and fringe benefits;
(b) Purchasing or leasing supplies, equipment or materials;
(c) Meeting financial reserve needs and requirements; or
(d) Obtaining funds for capital projects necessary to maintain service within existing service
areas.
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(e) When the City determines that one of the aforementioned activities pertaining to rates,
tolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate
written findings setting forth the specific basis for the claim of exemption in the record of
any proceeding in which such an exemption is claimed.
3.11 SUBSURFACE PIPELINES WITHIN A PUBLIC RIGHT -OF -WAY.
The installation of a new pipeline or the maintenance, repair, restoration, reconditioning,
relocation, replacement, removal or demolition of an existing subsurface pipeline is exempt
where the project is less than one mile in length and located within a public street, highway or
any other public right -of -way.
3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS.
CEQA does not apply to the construction, conversion, or use of residential housing if the
project meets all of the general requirements described in Section A below and satisfies the
specific requirements for any one of the following three categories: (1) agricultural housing
(Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3)
affordable housing projects near major transit stops (Section D below).
A. General Requirements. The construction, conversion, or use of residential
housing units affordable to low income households (as defined in Section 10.32)
located on an infill site in an urbanized area is exempt from CEQA if all of the
following general requirements are satisfied:
2010 City of Arcadia Local Guidelines
(1) The project is consistent with:
(a) Any applicable general plan, specific plan, or local coastal
program, including any mitigation measures required by such plan
or program, as that plan or program existed on the date that the
application was deemed complete; and
(b) Any applicable zoning ordinance, as that zoning ordinance existed
on the date that the application was deemed complete. However,
the project may be inconsistent with zoning if the zoning is
inconsistent with the general plan and the project site has not been
rezoned to conform to the general plan;
(2) Community level environmental review has been adopted or certified;
(3) The project and other projects approved prior to the approval of the project
can be adequately served by existing utilities, and the project applicant has
paid, or has committed to pay, all applicable in -lieu or development fees;
(4) The project site meets all of the following four criteria relating to
biological resources:
(a) The project site does not contain wetlands;
(b) The project site does not have any value as a wildlife habitat;
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(c) The project does not harm any species protected by the federal
Endangered Species Act of 1973, the Native Plant Protection Act,
or the California Endangered Species Act; and
(d) The project does not cause the destruction or removal of any
species protected by a local ordinance in effect at the time the
application for the project was deemed complete;
The site is not included on any list of facilities and sites compiled pursuant
to Government Code Section 65962.5;
(6) The project site is subject to a preliminary endangerment assessment
prepared by a registered environmental assessor to determine the existence
of any release of a hazardous substance on the site and to determine the
potential for exposure of future occupants to significant health hazards
from any nearby property or activity. In addition, the following steps must
have been taken in response to the results of this assessment:
(a) If a release of a hazardous substance is found to exist on the site,
the release shall be removed or any significant effects of the
release shall be mitigated to a level of insignificance in compliance
with state and federal requirements; or
(b) If a potential for exposure to significant hazards from surrounding
properties or activities is found to exist, the effects of the potential
exposure shall be mitigated to a level of insignificance in
compliance with state and federal requirements;
(7) The project does not have a significant effect on historical resources
pursuant to Section 21084.1 of the Public Resources Code (See Local
Guidelines Section 10.25.);
(8) The project site is not subject to wildland fire hazard, as determined by the
Department of Forestry and Fire Protection; unless the applicable general
plan or zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(9) The project site does not have an unusually high risk of fire or explosion
from materials stored or used on nearby properties;
(10) The project site does not present a risk of a public health exposure at a
level that would exceed the standards established by any state or federal
agency;
(11) Either the project site is not within a delineated earthquake fault zone, or a
seismic hazard zone, as determined pursuant to Section 2622 and 2696 of
the Public Resources Code respectively, or the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of an earthquake
or seismic hazard.
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(12) Either the project site does not present a landslide hazard, flood plain,
flood way, or restriction zone, or the applicable general plan or zoning
ordinance contains provisions to mitigate the risk of a landslide or flood.
(13) The project site is not located on developed open space;
(14) The project site is not located within the boundaries of a state
conservancy;
(15) The project site has not been divided into smaller projects to qualify for
one or more of the exemptions for affordable housing, agricultural
housing, or residential infill housing projects found in the subsequent
sections; and
(16) The project meets the requirements set forth in either Public Resources
Code Sections 21159.22, 21159.23 or 21159.24.
B. Specific Requirements for Agricultural Housing. (Public Resources Code
Sections 21084, 21159.22, and State Guidelines Section 15192.) CEQA does not
apply to the construction, conversion, or use of residential housing for agricultural
employees that meets all of the general requirements described above in Section
A and meets the following additional criteria:
(1) The project either:
(a) Is affordable to lower income households, lacks public financial
assistance, and the developer has provided sufficient legal
commitments to ensure the continued availability and use of the
housing units for lower income households for a period of at least
fifteen (15) years; or
(b) If public financial assistance exists for the project, then the project
must be housing for very low, low or moderate income
households and the developer of the project has provided sufficient
legal commitments to the appropriate local agency to ensure the
continued availability and use of the housing units for low- and
moderate income households for a period of at least fifteen (15)
years;
(2) The project site is adjacent on at least two sides to land that has been
developed and the project consists of not more than forty -five (45) units or
provides dormitories, barracks, or other group- living facilities for a total of
forty -five (45) or fewer agricultural employees, and either:
(a) The project site is within incorporated city limits or within a
census defined place with a minimum population density of at
least five thousand (5,000) persons per square mile; or
(b) The project site is within incorporated city limits or within a
census- defined place and the minimum population density of the
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census defined place is at least one thousand (1,000) persons per
square mile, unless the Lead Agency determines that there is a
reasonable possibility that the project, if completed, would have a
significant effect on the environment due to unusual circumstances
or that the cumulative effects of successive projects of the same
type in the same area would, over time, be significant;
If the project is located on a site zoned for general agricultural use, it must
consist of twenty (20) or fewer units, or, if the housing consists of
dormitories, barracks, or other group living facilities, the project must not
provide housing for more than twenty (20) agricultural employees; and
(4) The project is not more than two (2) acres in area if the project site is
located in an area with a population density of at least one thousand
(1,000) persons per square mile, and is not more than five (5) acres in area
for all other project sites.
C. Specific Requirements for Affordable Housing Projects in Urbanized Areas.
(Reference: Public Resources Code Sections 21083, 21159.23 and State
Guidelines Section 15194.) CEQA does not apply to any development project
that consists of the construction, conversion, or use of residential housing
consisting of one hundred (100) or fewer units that are affordable to low income
households if all of the general requirements described in Section A above are
satisfied and the following additional criteria are also met:
(1) The developer of the project provides sufficient legal commitments to the
local agency to ensure the continued availability and use of the housing
units for lower income households for a period of at least thirty (30) years,
at monthly housing costs deemed to be "affordable rent" for lower income,
very low income, and extremely low income households, as determined
pursuant to Section 50053 of the Health and Safety Code;
(3)
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(2) The project site:
(a) Has been previously developed for qualified urban uses;
(b) Is immediately adjacent to parcels that are developed with
qualified urban uses; or
(c) At least 75% of the perimeter of the site adjoins parcels that are
developed with qualified urban uses and the remaining 25% of the
perimeter of the site adjoins parcels that have previously been
developed for qualified urban uses, the site has not been developed
for urban uses and no parcel within the site has been created within
ten (10) years prior to the proposed development of the site;
(3) The project site is not more than five (5) acres in area; and
(4) The project site meets one of the following requirements regarding
population density:
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(a) The project site is within an urbanized area or within a census
defined place with a population density of at least five thousand
(5,000) persons per square mile; or
(b) If the project consists of fifty (50) or fewer units, the project site is
within an incorporated city with a population density of at least
twenty -five hundred (2,500) persons per square mile and a total
population of at least twenty -five thousand (25,000) persons; or
(c) The project site is within either an incorporated city or a census
defined place with a population density of one thousand (1,000)
persons per square mile, unless there is a reasonable possibility
that the project would have a significant effect on the environment
due to unusual circumstances or due to the ref ted or cumulative
impacts of reasonably foreseeable projects in the vicinity of the
project.
D. Specific Requirements for Affordable Housing Projects Near Major Transit
Stops. (Reference: Public Resources Code Sections 21083, 21159.24 and State
Guidelines Section 15195.) CEQA does not apply to a residential project on an
infill site within an urbanized area if all of the general requirements described
above in Section A are satisfied and the following additional criteria are also met:
(1) Within five (5) years prior to the date that the application for the project is
deemed complete, community -level environmental review was certified or
adopted. This exemption does not apply, however, if new information
about the project or substantial changes regarding the circumstances
surrounding the project become available after the community -level
environmental review was certified or adopted;
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(2) The site is not more than four (4) acres in total area;
(3) The project does not contain more than one hundred (100) residential
units;
(4) The project meets either of the following criteria:
(a) At least 10% of the housing is sold to families of moderate income
or rented to families of low income, or at least 5% of the housing is
rented to families of very low income, and the project developer
has provided sufficient legal commitments to ensure the continued
availability and use of the housing units for very low, low and
moderate income households at monthly housing costs; or
(b) The project developer has paid or will pay in -lieu fees sufficient to
pay for the development of the same number of units that would
otherwise be sold or rented to families of moderate or very low
income pursuant to subparagraph (a);
(5) The project is within one -half mile of a major transit stop;
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(6) The project does not include any single -level building that exceeds one
hundred thousand (100,000) square feet; and
(7) The project promotes higher density infill housing.
A project with a density of at least 20 units per acre shall be
conclusively presumed to promote higher density infill housing.
A project with a density of at least 10 units per acre and a density
greater than the average density of the residential properties within
1,500 feet shall be presumed to promote higher density housing
unless the preponderance of the evidence demonstrates otherwise.
(8) Exception.
(a) The Exemption for Affordable Housing Projects near Major
Transit Stops does not apply if any one of the following criteria is
met:
1. There is a reasonable possibility that the project will have a
project- specific, significant effect on the environment due
to unusual circumstances;
2. Substantial changes have occurred since community -level
environmental review was adopted or certified with respect
to the circumstances under which the project is being
undertaken, and those changes are related to the project; or
3. New information regarding the circumstances under which
the project is being undertaken has become available, and
that new information is related to the project and was not
known and could not have been known at the time of the
community -level environmental review.
(b) If a project satisfies any one of the three criteria described above in
Section 3.12D(8)(a), the environmental effects of the project must
be analyzed in an Environmental Impact Report or a Negative
Declaration. The environmental analysis shall be limited to the
project- specific effects and any effects identified pursuant to
Section 3.12D(8)(a).
E. Whenever the Lead Agency determines that a project is exempt from
environmental review based on Public Resources Code Section 21159.22 [Section
3.12B of these Local Guidelines], 21159.23 [Section 3.12C of these Local
Guidelines], or 21159.24 [Section 3.12D of these Local Guidelines], Staff and/or
the proponent of the project shall file a Notice of the Determination of Exemption
with the Office of Planning and Research within five (5) working days after the
approval of the project.
(a)
(b)
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3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES.
Minor alterations to water utilities made for the purpose of complying with the
fluoridation requirements of Health and Safety Code Sections 116410 and 116415 or regulations
adopted thereunder are exempt.
3.14 BALLOT MEASURES.
The definition of project in the State Guidelines specifically excludes the submittal of
proposals to a vote of the people of the state or of a particular community. This exemption does
not apply to the public agency that sponsors the initiative. When a governing body makes a
decision to put a measure on the ballot, that decision may be discretionary and therefore subject
to CEQA. In contrast, the enactment of a qualified voter sponsored initiative under California
Constitution Art. II, Section 11(a) and Election Code Section 9214 is not a project and therefore
is not subject to CEQA review. (See Local Guidelines Section 3.01.)
3.15 TRANSIT PRIORITY PROJECT
Exemption: Transit priority projects that are part of either a sustainable community
project consistent with the Sustainable Community Strategy or an alternative planning strategy
are exempt. To qualify for the full CEQA exemption, the project must be a "transit priority
project" for which the California Air Resources Board has accepted a determination that the
Sustainable Communities Strategy or the alternative planning strategy would, if implemented,
achieve the greenhouse gas emission reduction targets. (Local Guidelines Section 10.66) To
qualify for the exemption, the decision making body must hold a hearing and make findings that
the project meets all of Public Resources Code Section 21155.1's environmental, housing, and
public safety conditions and requirements.
Streamlined Review: A Transit Priority Project that has incorporated all feasible
mitigation measures or criteria set forth in a prior environmental impact report may be eligible
for streamlined environmental review. For a complete description of the requirements for this
streamlined review see Public Resources Code Section 21155.2. Similarly, the environmental
review for a residential or mixed use residential project may limit, or entirely omit, its discussion
of growth- inducing impacts or impacts from traffic on global warming under certain limited
circumstances. For complete requirements see Public Resources Code Section 21159.28.
Note that neither the exemption nor the streamlined review will apply until: (1) the Air
Resources Board sets target greenhouse gas emissions levels, a process that may not be
completed until September 30, 2010; and (2) the applicable Metropolitan Planning Organization
prepares and adopts a Sustainable Communities Strategy for the region.
3.16 OTHER SPECIFIC EXEMPTIONS.
CEQA and the State Guidelines exempt many other specific activities, including early
activities related to thermal power plants, ongoing projects, transportation improvement
programs, family day care homes, congestion management programs, railroad grade separation
projects, restriping of streets or highways to relieve traffic congestion, and hazardous or volatile
liquid pipelines. Specific statutory exemptions are listed in the Public Resources Code,
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including Sections 21080 through 21080.33, and in the State Guidelines, including Sections
15260 through 15285.
3.17 CATEGORICAL EXEMPTIONS.
The State Guidelines establish certain classes of categorical exemptions. These apply to
classes of projects which have been determined not to have a significant effect on the
environment and which, therefore, are generally exempt. Compliance with the requirements of
CEQA or the preparation of environmental documents for any project which comes within one of
these classes of categorical exemptions is not required. The classes of projects are briefly
summarized below. (Reference to the State Guidelines for the full description of each exemption
is recommended.)
The exemptions for Classes 3, 4, 5, 6 and 11 below are qualified in that such projects
must be considered in light of the location of the project. A project that is ordinarily
insignificant in its impact on the environment may, in a particularly sensitive environment, be
significant. Therefore, these classes are considered to apply in all instances except when the
project may impact on an environmental resource of hazardous or critical concern which has
been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or
local agencies.
All classes of categorical exemptions are qualified. These exemptions are inapplicable if
any of the following circumstances exist:
(1)
The cumulative impact of successive projects of the same type in the same
place over time is significant;
(2) There is a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances.
(3)
The project may result in damage to a scenic or a substantial adverse change
to a historical resource; or
(4) The project is located on a site which is included on any hazardous waste site
or list compiled pursuant to Government Code Section 65962.5.
With the foregoing limitations in mind, the following classes of activity are generally
exempt:
Class 1: Existing Facilities. Activities involving the operation, repair,
maintenance, permitting, leasing, licensing, minor alteration of or legislative activities to
regulate, existing public or private structures, facilities, mechanical equipment or other property,
or topographical features, provided the activity involves negligible or no expansion of use
beyond that existing at the time of the City's determination. The types of "existing facilities"
itemized in Class 1 are not intended to be all- inclusive of the types of projects which might fall
within Class 1. The key consideration is whether the project involves negligible or no expansion
of an existing use. (State Guidelines Section 15301.)
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Class 2: Replacement or Reconstruction. Replacement or reconstruction of
existing facilities, structures, or other property where the new facility or structure will be located
on the same site as the replaced or reconstructed facility or structure and will have substantially
the same purpose and capacity as the replaced or reconstructed facility or structure. (State
Guidelines Section 15302.)
Class 3: New Construction or Conversion of Small Structures. Construction of
limited numbers of small new facilities or structures; installation of small new equipment or
facilities in small structures; and the conversion of existing small structures from one use to
another, when only minor modifications are made in the exterior of the structure. This
exemption includes structures built for both residential and commercial uses. (The maximum
numller of structures allowable under this exemption is set forth in State Guidelines Section
15303.)
Class 4: Minor Alterations to Land. Minor alterations in the condition of land,
water, and /or vegetation which do not involve removal of healthy, mature, scenic trees, except
for forestry or agricultural purposes. (State Guidelines Section 15304.)
Class 5: Minor Alterations in Land Use Limitations. Minor alterations in land
use limitations in areas with an average slope of less than 20% which do not result in any
changes in land use or density. (State Guidelines Section 15305.)
Class 6: Information Collection. Basic data collection, research, experimental
management, and resource evaluation activities which do not result in a serious or major
disturbance to an environmental resource. (State Guidelines Section 15306.)
Class 7: Actions by Regulatory Agencies for Protection of Natural Resources.
Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the
maintenance, restoration, or enhancement of a natural resource where the regulatory process
involves procedures for protection of the environment. (State Guidelines Section 15307.)
Class 8: Actions By Regulatory Agencies for Protection of the Environment.
Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the
maintenance, restoration, enhancement or protection of the environment where the regulatory
process involves procedures for protection of the environment. (State Guidelines Section
15308.)
Class 9: Inspection. Inspection activities, including, but not limited to, inquiries
into the performance of an operation and examinations of the quality, health or safety of a
project. (State Guidelines Section 15309.)
Class 10: Loans. Loans made by the Department of Veterans Affairs under the
Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing
structures where the loan will not be used for new construction and the purchase of such
mortgages by financial institutions. (State Guidelines Section 15310.)
Class 11: Accessory Structures. Construction or replacement of minor structures
accessory or appurtenant to existing commercial, industrial, or institutional facilities, including,
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but not limited to, on- premise signs; small parking lots; and placement of seasonal or temporary
use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in
generally the same locations from time to time in publicly owned parks, stadiums or other
facilities designed for public use. (State Guidelines Section 15311.)
Class 12: Surplus Government Property Sales. Sales of surplus government
property, except for certain parcels of land located in an area of statewide, regional or areawide
concern as that term is defined in State Guidelines Section 15206(b)(4). However, even if the
surplus property to be sold is located in any of those areas, its sale is exempt if:
(a)
(b)
Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Acquisition
of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife
habitat, establishment of ecological preserves under Fish and Game Code Section 1580, and
preservation of access to public lands and waters where the purpose of the acquisition is to
preserve the land in its natural condition. (State Guidelines Section 15313.)
Class 14: Minor Additions to Schools. Minor additions to existing schools
within existing school grounds where the addition does not increase original student capacity by
more 25% or ten (10) classrooms, whichever is less. The addition of portable classrooms is
included in this exemption. (State Guidelines Section 15314.)
Class 15: Minor Land Divisions. Division(s) of property in urbanized areas
zoned for residential, commercial or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are required, all
services and access to the proposed parcels to local standards are available, the parcel was not
involved in a division of a larger parcel within the previous two (2) years, and the parcel does not
have an average slope greater than 20 (State Guidelines Section 15315.)
Class 16: Transfer of Ownership of Land in Order to Create Parks. Acquisition,
sale, or other transfer of land in order to establish a park where the land is in a natural condition
or contains historical or archaeological resources and either:
(a)
(b)
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The property does not have significant values for wildlife or other
environmental purposes, and
Any one of the following three conditions is met:
1. The property is of such size, shape, or inaccessibility that it
is incapable of independent development or use;
2. The property to be sold would qualify for an exemption
under any other class of categorical exemption in the State
Guidelines; or
3. The use of the property and adjacent property has not
changed since the time of purchase by the public agency.
(State Guidelines Section 15312.)
The management plan for the park has not been prepared, or
The management plan proposes to keep the area in a natural
condition or preserve the historic or archaeological resources.
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CEQA will apply when a management plan is proposed that will change the area
from its natural condition or cause substantial adverse change in the significance of the historic
or archaeological resource. (State Guidelines Section 15316.)
Class 17: Open Space Contracts or Easements. Establishment of agricultural
preserves, making and renewing of open space contracts under the Williamson Act or acceptance
of easements or fee interests in order to maintain the open space character of the area. (The
cancellation of such preserves, contracts, interests or easements is not included in this
exemption.) (State Guidelines Section 15317.)
Class 18: Designation of Wilderness Areas. Designation of wilderness areas
under the California Wilderness System. (State Guidelines Section 15318.)
Annexations:
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Class 19• Annexations of Existing Facilities and Lots for Exempt Facilities.
(a) To a city or special district of areas containing existing public or
private structures developed to the density allowed by the current
zoning or prezoning of either the gaining or losing governmental
agency, whichever is more restrictive; provided, however, that the
extension of utility services to the existing facilities would have a
capacity to serve only the existing facilities; and
(b) Of individual small parcels of the minimum size for facilities
exempted by Class 3, New Construction or Conversion of Small
Structures. (State Guidelines Section 15319.)
Class 20: Changes in Organization of Local Agencies. Changes in the
organization of local governmental agencies where the changes do not change the geographical
area in which previously existing powers are exercised. Examples include but are not limited to:
(a) Establishment of a subsidiary district;
(b) Consolidation of two or more districts having identical powers;
(c) Merger with a city of a district lying entirely within the boundaries
of the city.
(State Guidelines Section 15320.)
Class 21: Enforcement Actions by Regulatory Agencies. Actions by regulatory
agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use
issued, adopted or prescribed by the regulatory agency or a law, general rule, standard or
objective administered or adopted by the regulatory agency; or law enforcement activities by
peace officers acting under any law that provides a criminal sanction. The direct referral of a
violation of lease, permit, license certificate, or entitlement to the City Attorney is exempt under
this Class. (Construction activities undertaken by the City taking the enforcement or revocation
action are not included in this exemption.) (State Guidelines Section 15321.)
Class 22:, Educational or Training Programs Involving No Physical Changes.
The adoption, alteration or termination of educational or training programs which involve no
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(a)
(b)
ACTIVITIES EXEMPT FROM CEOA
physical alteration in the area affected or which involve physical changes only in the interior of
existing school or training structures. Examples include but are not limited to:
Development of or changes in curriculum or training methods; or
Changes in the trade structure in a school which do not result in
changes in student transportation.
(State Guidelines Section 15322.)
Class 23: Normal Operations of Facilities for Public Gatherings. Continued or
repeated normal operations of existing facilities for public gatherings for which the facilities
were designed, where there is past history, of at least three years, of the facility being used for
the same or similar purposes. Facilities included within this exemption include, but are not
limited to race tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums,
swimming pools and amusement parks. (State Guidelines Section 15323.)
Class 24: Regulation of Working Conditions. Actions taken by the City to
regulate employee wages, hours of work or working conditions where there will be no
demonstrable physical changes outside the place of work. (State Guidelines Section 15324.)
Class 25: Transfers of Ownership of Interest in Land to Preserve Existing Natural
Conditions and Historical Resources. Transfers of ownership of interest in land in order to
preserve open space, habitat, or historical resources. Examples include, but are not limited to,
acquisition, sale, or other transfer of areas to: preserve existing natural conditions, including
plant or animal habitats; allow continued agricultural use of the areas; allow restoration of
natural conditions; preserve open space or lands for natural park purposes; or prevent
encroachment of development into floodplains. This exemption does not apply to the
development of parks or park uses. (State Guidelines Section 15325.)
Class 26: Acquisition of Housing for Housing Assistance Programs. Actions by
a redevelopment agency, housing authority or other public agency to implement an adopted
Housing Assistance Plan by acquiring an interest in housing units, provided the housing units are
either in existence or possessing all required permits for construction when the agency makes its
final decision to acquire the units. (State Guidelines Section 15326.)
Class 27: Leasing New Facilities. Leasing of a newly constructed or previously
unoccupied privately owned facility by a local or state agency when the City determines that the
proposed use of the facility:
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(a) Conforms with existing state plans and policies and with general,
community, and specific plans for which an EIR or Negative
Declaration has been prepared;
(b) Is substantially the same as that originally proposed at the time the
building permit was issued;
(c) Does not result in a traffic increase of greater than 10% of front
access road capacity; and
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(d) Includes the provision of adequate employee and visitor parking
facilities.
(State Guidelines Section 15327.)
Class 28: Small Hydroelectric Projects as Existing Facilities. Installation of
certain small hydroelectric- generating facilities in connection with existing dams, canals and
pipelines, subject to the conditions in State Guidelines Section 15328. (State Guidelines Section
15328.)
Class 29: Cogeneration Projects at Existing Facilities. Installation of
cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting
certain conditions listed in State Guidelines Section 15329. (State Guidelines Section 15329.)
Class 30: Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate
the Release or Threat of Release of Hazardous Waste or Hazardous Substances. Any minor
cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat
of release of a hazardous waste or substance which are small or medium removal actions costing
$1 million or less. (State Guidelines Section 15330.)
(a) No cleanup action shall be subject to this Class 30 exemption if the
action requires the onsite use of a hazardous waste incinerator or
thermal treatment unit or the relocation of residences or businesses,
or the action involves the potential release into the air of volatile
organic compounds as defined in Health and Safety Code Section
25123.6, except for small scale in situ soil vapor extraction and
treatment systems which have been permitted by the local Air
Pollution Control District or Air Quality Management District. All
actions must be consistent with applicable state and local
environmental permitting requirements including, but not limited
to, off -site disposal, air quality rules such as those governing
volatile organic compounds and water quality standards, and
approved by the regulatory body with jurisdiction over the site.
(b) Examples of such minor cleanup actions include but are not limited
to:
1. Removal of sealed, non leaking drums of hazardous waste
or substances that have been stabilized, containerized and
are designated for a lawfully permitted destination;
2. Maintenance or stabilization of berms, dikes, or surface
impoundments;
3. Construction or maintenance or interim of temporary
surface caps;
4. Onsite treatment of contaminated soils or sludge provided
treatment system meets Title 22 requirements and local air
district requirements;
5. Excavation and/or offsite disposal of contaminated soils or
sludge in regulated units;
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ACTIVITIES EXEMPT FROM CEOA
6. Application of dust suppressants or dust binders to surface
soils;
7. Controls for surface water run -on and run -off that meets
seismic safety standards;
8. Pumping of leaking ponds into an enclosed container;
9. Construction of interim or emergency ground water
treatment systems; or
10. Posting of warning signs and fencing for a hazardous waste
or substance site that meets legal requirements for
protection of wildlife.
Class 31: Historical Resource Restoration/Rehabilitation. Maintenance, repairs,
stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical
resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment
of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings (1995), Weeks and Grimmer. (State Guidelines Section
15331.)
conditions:
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Class 32• Infill Development Projects Infill development meeting the following
(a) The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations;
(b) The proposed development occurs within city limits on a project
site of no more than five acres substantially surrounded by urban
uses;
(c) The project site has no value as habitat for endangered, rare or
threatened species;
(d) Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and
public services. (State Guidelines Section 15332.)
Class 33: Small Habitat Restoration Projects. Examples of small habitat
restoration projects include, but are not limited to: revegetation of disturbed areas with native
plant species; wetland restoration, the primary purpose of which is to improve conditions for
waterfowl or other species that rely on wetland habitat; stream or river bank revegetation, the
primary purpose of which is to improve habitat for amphibians or native fish; projects to restore
or enhance habitat that are carried out principally with hand labor and not mechanized
equipment; stream or river bank stabilization with native vegetation or other bioengineering
techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation;
culvert replacement conducted in accordance with published guidelines of the Department of
Fish and Game or NOAA Fisheries, the primary purpose of which is to improve habitat or reduce
sedimentation, and other similar projects to assure the maintenance, restoration, enhancement, or
protection of habitat for fish, plants, or wildlife.
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This exemption only applies to projects that are five acres or less in size and that
meet the following criteria:
2010 City of Arcadia Local Guidelines
(a) There would be no significant adverse impact on endangered, rare
or threatened species or their habitat pursuant to Section 15065 of
the State Guidelines;
(b) There are no hazardous materials at or around the project site that
may be disturbed or removed; and
(c) The project will not result in impacts that are significant when
viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future
projects.
(State Guidelines Section 15333.)
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4. TIME LIMITATIONS
4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS.
Staff shall determine whether the application for a private project is complete within
thirty (30) days of receipt of the application. No application may be deemed incomplete for lack
of a waiver of the time limitations in Local Guidelines Sections 4.03 and 4.04. Accepting an
application as complete does not limit the authority of the City, acting as the Lead Agency, to
require the applicant to submit additional information needed for environmental evaluation of the
project. Requiring such additional information after the application is complete does not change
the status of the application.
4.02 DETERMINATION OF TYPE OF ENVIRONMENTAL DOCUMENT.
Except as provided in Local Guidelines Sections 4.05 and 4.06, Staff' s initial
determination as to whether a Negative Declaration, Mitigated Negative Declaration or an EIR
should be prepared shall be made within thirty (30) days from the date on which an application
for a project is accepted as complete by the City. This period may be extended fifteen (15) days
with consent of the applicant and the City.
4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION.
For private projects involving the issuance of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies, the Negative Declaration/Mitigated Negative
Declaration shall be completed and approved within one hundred eighty (180) days from the date
when the City accepted the application as complete. In the event that compelling circumstances
justify additional time and the project applicant consents thereto, Staff may provide for a
reasonable extension of the time limit for completing and adopting the Negative
Declaration/Mitigated Negative Declaration.
4.04 COMPLETION AND CERTIFICATION OF FINAL EIR.
4.05 PROJECTS SUBJECT TO THE PERMIT STREAMLINING ACT.
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TIME LIMITATIONS
For private projects, the Final EIR shall be completed and certified by the City within one
year after the date when the City accepted the application as complete. In the event that
compelling circumstances justify additional time and the project applicant consents thereto, the
City may provide a one -time extension up to ninety (90) days for completing and certifying the
EIR.
The Permit Streamlining Act requires agencies to make decisions on certain development
project approvals within specified time limits If a project is subject to the Act, the City cannot
require the project applicant to submit the informational equivalent of an EIR or prove
compliance with CEQA as a prerequisite to determining whether the project application is
complete. In addition, if requested by the project applicant, the City must begin processing the
project application prior to final CEQA action, provided the information necessary to begin the
process is available.
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Califomia Environmental Quality Act (2010) TIME LIMITATIONS
Under the Permit Streamlining Act, the Lead Agency must approve or disapprove the
development project application within one hundred eighty (180) days from the date on which it
certifies the EIR, or within ninety (90) days of certification if an extension for completing and
certifying the EIR was granted. If the Lead Agency adopts a Negative Declaration/Mitigated
Negative Declaration or determines the development project is exempt from CEQA, it shall
approve or disapprove the project application within sixty (60) days from the date on which it
adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is
exempt from CEQA.
Except for waivers of the time periods for preparing a joint Environmental Impact
Report/Environmental Impact Statement (as outlined in Government Code Sections 65951 and
65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining
Act as a condition of accepting or processing a development project application. In addition, the
City cannot disapprove a development project application in order to comply with the time limits
specified in the Permit Streamlining Act.
4.06 PROJECTS, OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT, WITH
SHORT TIME PERIODS FOR APPROVAL.
A few statutes require agencies to make decisions on project applications within time
limits that are so short that review of the project under CEQA would be difficult. To enable the
City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a
project application as not received for filing under the enabling statute until such time as the
environmental documentation required by CEQA is complete. This section applies where all of
the following conditions are met:
(a) The enabling statute for a program, other than development projects under Chapter 4.5
(commencing with Section 65920) of Division 1 of Title 7 of the Government Code,
requires the City to take action on an application within a specified period of time of six
(6) months or less;
(b) The enabling statute provides that the project is approved by operation of law if the City
fails to take any action within the specified time period; and
(c) The project application involves the City's issuance of a lease, permit, license, certificate
or other entitlement for use.
In any case, the environmental document shall be completed or certified and the decision
on the application shall be made within the period established by the Permit Streamlining Act
(Government Code Sections 65920, et seq.).
4.07 WAIVER OR SUSPENSION OF TIME PERIODS.
These deadlines may be waived by the applicant if the project is subject to both CEQA
and NEPA. (State Guidelines Sections 15110 and 15224; see Section 5.04 of these Local
Guidelines for information about projects that are subject to both CEQA and NEPA.)
An unreasonable delay by an applicant in meeting City requests necessary for the
preparation of a Negative Declaration or an EIR shall suspend the running of the time periods
described in Local Guidelines Sections 4.03 and 4.04 for the period of the unreasonable delay.
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Alternatively, the City may disapprove a project application where there is unreasonable delay in
meeting requests. The City may also allow a renewed application to start at the same point in the
process where the prior application was when it was disapproved.
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5.01 PREPARATION OF INITIAL STUDY.
(a)
(b)
5. INITIAL STUDY
5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES.
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INITIAL STUDY
If the City determines that it is the Lead Agency for a project which is not exempt, the
City shall prepare an Initial Study to ascertain whether the project may have a substantial adverse
effect on the environment, regardless of whether the overall effect of the project is adverse or
beneficial. All phases of project planning, implementation and operation must be considered in
the Initial Study. An Initial Study may rely on expert opinion supported by facts, technical
studies or other substantial evidence. However, an Initial Study is neither intended nor required
to include the level of detail included in an EIR.
For City projects, the Initial Study shall be prepared by Staff or by private experts
pursuant to contract with the City.
For private projects, the person or entity proposing to carry out the project shall submit
all data and information as may be required by the City to determine whether the
proposed project may have a significant effect on the environment. All costs incurred by
the City in reviewing the data and information submitted, or in conducting its own
investigation based upon such data and information, or in preparing an Initial Study for
the project shall be borne by the person or entity proposing to carry out the project.
When more than one public agency will be involved in undertaking or approving a
project, the City as Lead Agency shall consult with all Responsible and any Trustee Agencies.
Such consultation shall be undertaken in compliance with the notice procedures applicable to the
type of CEQA document being prepared. See Section 6.04, Negative Declarations, and Sections
7.03 and 7.06, EIRs.
The City may choose to engage in early consultation with Responsible and Trustee
Agencies before the City begins to prepare the Initial Study. This early consultation may be
done quickly and informally and is intended to ensure that the EIR, Negative Declaration or
Mitigated Negative Declaration reflects the concerns of all Responsible Agencies that will issue
approvals for the project and all Trustee Agencies responsible for natural resources affected by
the project. The City's early consultation process may include consultation with other
individuals or organizations with an interest in the project, if the City so desires. The Office of
Planning and Research, upon request of the City or a private project applicant, shall assist in
identifying the various Responsible Agencies for a proposed project and ensure that the
Responsible Agencies are notified regarding any early consultation. In the case of a project
undertaken by a public agency, the Office of Planning and Research, upon request of the City,
shall ensure that any Responsible Agency or public agency that has jurisdiction by law with
respect to the project is notified regarding any early consultation.
If, during the early consultation process it is determined that the project will clearly have
a significant effect on the environment, the City may immediately dispense with the Initial Study
and determine that an EIR is required.
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5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT.
During or immediately after preparation of an Initial Study for a private project, the City
may consult with the applicant to determine if the applicant is willing to modify the project to
reduce or avoid the significant effects identified in the Initial Study. If the project can be revised
to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before
the City that the project, as revised, may have a significant effect on the environment, the City
may prepare and adopt a Negative Declaration. If any significant effect may still occur despite
alterations of the project, an EIR must be prepared.
5.04 PROJECTS SUBJECT TO NEPA
Projects that are carried out, financed, or approved in while or in part by a federal agency
are subject to the provisions of the National Environmental Protection Act "NEPA in addition
to CEQA. To the extent possible, the State Guidelines encourage the City to use the federally
prepared Environmental Impact Statement "EIS or Finding of No Significant Impact
"FONSI or to prepare joint CEQA/NEPA documents instead of preparing a separate NEPA
and CEQA documents for a project that is subject to both NEPA and CEQA. (State Guidelines
Section 15220.) For example, the City should attempt to work in conjunction with the federal
agency involved in the project to prepare a combined EIR -EIS or Negative Declaration FONSI.
(State Guidelines Section 15222.) The City is required to cooperate with the federal agency and
to utilize joint planning processes, environmental research and studies, public hearings, and
environmental documents to the fullest extent possible. (State Guidelines Section 15226.)
However, since NEPA does not require an examination of mitigation measures or growth
inducing impacts, analysis of mitigation measures and growth- inducing impacts will need to be
added before NEPA documents may be used to satisfy CEQA. (State Guidelines Section 15221.)
For projects that are subject to NEPA, a scoping meeting held pursuant to NEPA satisfies
the CEQA scoping requirement as long as notice is provided to the agencies and individuals
listed in Local Guidelines Section 7.06, and provided in accordance with these Local Guidelines.
If the federal agency refuses to cooperate with the City with regard to the preparation of
joint documents, the City should attempt to involve a state agency in the preparation of the EIR,
Negative Declaration, or Mitigated Negative Declaration. Since federal agencies are explicitly
permitted to utilize environmental documents prepared by agencies of statewide jurisdiction, it is
possible that the federal agency will reuse the state prepared CEQA documents instead of
requiring the applicant to fund a redundant set of federal environmental documents. (State
Guidelines Section 15228.)
Where the federal agency has circulated the EIS or FONSI and the circulation satisfied
the requirements of CEQA and any other applicable laws, the City may use the EIS or FONSI in
place of an EIR or Negative Declaration without having to recirculate the federal documents.
The City's intention to adopt the previously circulated EIS or FONSI must be publicly noticed in
the same way as a Notice of Availability of a Draft EIR.
Special rules may apply when the environmental documents are prepared for projects
involving the reuse of military bases. See State Guidelines Section 15225.
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5.05 AN INITIAL STUDY.
The Initial Study shall be used to determine whether a Negative Declaration, Mitigated
Negative Declaration or an EIR shall be prepared for a project. It provides written
documentation of whether the City found evidence of significant adverse impacts which might
occur. The purposes of an Initial Study are to:
(a)
(b)
(c)
1 (d)
'(e)
(f)
(g)
Identify environmental impacts;
Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts
before an EIR is written;
Focus an EIR, if one is required, on potentially significant environmental effects;
Facilitate environmental assessment early in the design of a project;
Provide documentation of the factual basis for the finding in a Negative Declaration that
a project will not have a significant effect on the environment;
Eliminate unnecessary EIRs; and
Determine whether a previously prepared EIR could be used for the project.
5.06 CONTENTS OF INITIAL STUDY.
An Initial Study shall contain in brief form:
(a) A description of the project, including the location of the project. The project description
must be consistent throughout the environmental review process;
(b) An identification of the environmental setting;
(c) An identification of environmental effects by use of a checklist, matrix, or other method,
provided that entries are briefly explained to show the evidence supporting the entries.
The brief explanation may be through either a narrative or a reference to other
information such as attached maps, photographs, or an earlier EIR or Negative
Declaration. A reference to another document should include a citation to the page or
pages where the information is found;
(d) A discussion of ways to mitigate any significant effects identified;
(e) An examination of whether the project is consistent with existing zoning and local land
use plans and other applicable land use controls;
(f) The name of the person or persons who prepared or participated in the Initial Study; and
(g) Identification of prior EIRs or environmental documents which could be used with the
project.
5.07 USE OF A CHECKLIST INITIAL STUDY.
When properly completed, the Environmental Checklist (Form "J will meet the
requirements of Local Guidelines Section 5.05 provided that the entries on the checklist are
explained. Either the Environmental Checklist (Form "J should be expanded or a separate
attachment should be prepared to describe the project, including its location, and to identify the
environmental setting.
California courts have rejected the use of a bare, unsupported Initial Study checklist. An
Initial Study must contain more than mere conclusions. It must disclose supporting data or
evidence upon which the City relied in conducting the Study. The City shall augment checklists
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with supporting factual data and reference information sources when completing the forms.
Explanation of all "potential impact" answers should be provided on attached sheets. For
controversial projects, it is advisable to state briefly why "no" answers were checked. If
practicable, attach a list of reference materials, such as prior EIRs, plans, traffic studies, air
quality data, or other supporting studies.
5.08 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS.
In evaluating the environmental significance of effects disclosed by the Initial Study, the
Lead Agency shall consider:
(a) Whether the Initial Study and/or any comments received informally during consultations
indicate that a fair argument can be made that the project may have a significant adverse
environmental impact which cannot be mitigated to a level of insignificance. Even if a
fair argument can be made to the contrary, an EIR should be prepared.
(b) Whether both primary (direct) and secondary (indirect) consequences of the project were
evaluated. Primary consequences are immediately related to the project, while secondary
consequences are related more to the primary consequences than to the project itself. For
example, secondary impacts upon the resources base, including land, air, water and
energy use of an area, may result from population growth, a primary impact.
(c) Whether adverse social and economic changes will result from a physical change caused
by the project. Adverse economic and social changes resulting from a project are not, in
themselves, significant environmental effects. However, if such adverse changes cause
physical changes in the environment, those consequences may be used as the basis for
finding that the physical change is significant.
(d) Whether there is serious public controversy or disagreement among experts over the
environmental effects of the project. However, the existence of public controversy or
disagreement among experts does not, without more, require preparation of an EIR in the
absence of substantial evidence of significant effects.
(e) Whether the cumulative impact of the project is significant and whether the incremental
effects of the project are "cumulatively considerable" (as defined in Local Guidelines
Section 10.12) when viewed in connection with the effects of past projects, current
projects, and probable future projects.
(f) Whether the project may cause a substantial adverse change in the significance of an
archaeological or historical resource.
5.09 MANDATORY FINDINGS OF SIGNIFICANT EFFECT.
Whenever there is substantial evidence, in light of the whole record, that any of the
conditions set forth below may occur, the City shall find that the project may have a significant
effect on the environment and thereby shall require preparation of an EIR:
(a) The project has the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict the range of a rare or endangered
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plant or animal, or eliminate important examples of major periods of California history or
prehistory;
(b) The project has the potential to achieve short-term environmental goals to the
disadvantage of long -term environmental goals;
(c) The project has possible environmental effects which are individually limited but
cumulatively considerable. "Cumulatively considerable" means that the incremental
effects of an individual project are significant when viewed in connection with the effects
of past, current, and probable future projects. That is, the City is required to determine
whether the incremental impacts of a project are cumulatively considerable by evaluating
them against the back -drop of the environmental effects of the other projects; or
(d) The environmental effects of a project will cause substantial adverse effects on humans
either directly or indirectly.
If, before the release of the CEQA document for public review, the potential for
triggering one of the mandatory findings of significance is avoided or mitigation measures or
project modifications reduce the potentially significant impacts to a point where clearly the
mandatory finding of significance is not triggered, preparation of an EIR is not mandated. If the
project's potential for triggering one of the mandatory findings of significance cannot be avoided
or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and
the relevant mandatory findings of significance shall be used:
(1) as thresholds of significance for purposes of preparing the EIR's impact
analysis;
(2) in making findings on the feasibility of alternatives or mitigation
measures;
(3)
when found to be feasible, in making changes in the project to lessen or
avoid the adverse environmental impacts; and
(4) when necessary, in adopting a statement of overriding considerations.
Although an EIR prepared for a project that triggers one of the mandatory findings of
significance must use the relevant mandatory findings as thresholds of significance, the EIR need
not conclude that the impact itself is significant. Rather, the City must exercise its discretion and
determine, on a case -by -case basis after evaluating all of the relevant evidence, whether the
project's environmental impacts are avoided or mitigated below a level of significance or
whether a statement of overriding considerations is required.
With regard to a project that has the potential to substantially reduce the number or
restrict the range of a protected species, the City does not have to prepare an EIR solely due to
that impact, provided the project meets the following three criteria:
(a) The project proponent must be bound to implement mitigation requirements relating to
such species and habitat pursuant to an approved habitat conservation plan and/or natural
communities conservation plan;
(b) The state or federal agency must have approved the habitat conservation plan and/or
natural community conservation plan in reliance on an EIR and /or EIS; and
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(c) The mitigation requirements must either avoid any net loss of habitat and net reduction in
number of the affected species, or preserve, restore, or enhance sufficient habitat to
mitigate the reduction in habitat and number of the affected species below a level of
significance.
5.10 MANDATORY PREPARATION OF AN EIR FOR WASTE BURNING PROJECTS.
The City, as Lead Agency, shall prepare or cause to be prepared and certify the
completion of an EIR, or, if appropriate, an Addendum, Supplemental EIR, or Subsequent EIR,
for any project involving the burning of municipal wastes, hazardous waste or refuse- derived
fuel, including, but not limited to, tires, if the project consists of any of the following:
(a) The construction of a new facility.
(b) The expansion of an existing hazardous waste burning facility which would increase its
permitted capacity by more than 10
(c) The issuance of a hazardous waste facilities permit to a land disposal facility, as defined
in Local Guidelines Section 10.29; or.
(d) The issuance of a hazardous waste facilities permit to an offsite large treatment facility,
as defined in Local Guidelines Sections 10.30 and 10.50.
This section does not apply to projects listed in subsections (c) and (d), immediately
above, if the facility only manages hazardous waste that is identified or listed pursuant to Health
and Safety Code Section 25140 or 25141 or only conducts activities which are regulated
pursuant to Health and Safety Code Section 25100, et seq.
The City shall calculate the percentage of expansion for an existing facility by comparing
the proposed facility's capacity with either of the following, as applicable:
(a) The facility capacity authorized in the facility's hazardous waste facilities permit
pursuant to Health and Safety Code Section 25200, or its grant of interim status pursuant
to Health and Safety Code Section 25200.5, or the facility capacity authorized in any
state or local agency permit allowing the construction or operation of the facility for the
burning of hazardous waste granted before January 1, 1990; or
(b) The facility capacity authorized in the facility's original hazardous facilities permit, grant
of interim status, or any state or local agency permit allowing the construction or
operation of a facility for the burning of hazardous waste, granted on or after January 1,
1990.
This section does not apply to any project over which the State Energy Resources
Conservation and Development Commission has assumed jurisdiction per Health and Safety
Code Section 25500, et seq.
The E1R requirement is also subject to a number of exceptions for specific types of
waste burning projects. (Public Resources Code Section 21151.1 and State Guidelines Section
15081.5.) Even if preparation of an EIR is not mandatory for a particular type of waste burning
project, those projects are not exempt from the other requirements of CEQA, the State
Guidelines, or these Local Guidelines. In addition, waste burning projects are subject to special
notice requirements under Public Resources Code Section 21092. Specifically, in addition to the
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standard public notices required by CEQA, notice must be provided to all owners and occupants
of property located within one -fourth mile of any parcel or parcels on which the waste burning
project will be located. (Public Resources Code Section 21092(c).) See Local Guidelines
Sections 6.09, 7.20 and 7.22.
5.11 DEVELOPMENT PURSUANT TO AN EXISTING COMMUNITY PLAN AND EIR.
Before preparing a CEQA document, Staff should determine whether the proposed
project involves development consistent with an earlier zoning or community plan to
accommodate a particular density for which an EIR has been certified. If an earlier EIR for the
zoning or planning action has been certified, and if the proposed project concerns the approval of
a subdivision map or development, CEQA applies only to the extent the project raises
environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off -site
and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation
measures set out in the earlier EIR should be implemented at this stage.
Environmental effects shall not be considered peculiar to the parcel if uniformly applied
development policies or standards have been previously adopted by a city or county with a
finding based on substantial evidence that the policy or standard will substantially mitigate the
environmental effect when applied to future projects. Examples of uniformly applied
development policies or standards include, but are not limited to: parking ordinances; public
access requirements; grading ordinances; hillside development ordinances; flood plain
ordinances; habitat protection or conservation ordinances; view protection ordinances; and
requirements for reducing greenhouse gas emissions as set forth in adopted land use plans,
policies or regulations. Any rezoning action consistent with the Community Plan shall be
subject to exemption from CEQA in accordance with this section. "Community Plan" means
part of a city's general plan which: (1) applies to a defined geographic portion of the total area
included in the general plan; (2) complies with Article 5 (commencing with Section 65300) of
Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory
elements specified in Government Code Section 65302; and (3) contains specific development
policies adopted for the area in the Community Plan and identifies measures to implement those
policies, so that the policies which will apply to each parcel can be determined.
5.12 LAND USE POLICIES.
When a project will amend a general plan or another land use policy, the Initial Study
must address how the change in policy and its expected direct and indirect effects will affect the
environment. When the amendments constitute substantial changes in policies that result in a
significant impact on the environment, an EIR may be required.
5.13 EVALUATING IMPACTS ON HISTORICAL RESOURCES.
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Projects that may cause a substantial adverse change in the significance of a historical
resource, as defined in Local Guidelines Section 10.25 are projects that may have a significant
effect on the environment, thus requiring consideration under CEQA. Particular attention and
care should be given when considering such projects, especially projects involving the
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demolition of a historical resource, since such demolitions have been determined to cause a
significant effect on the environment.
Substantial adverse change in the significance of a historical resource means physical
demolition, destruction, relocation or alteration of the resource or its immediate surroundings,
such that the significance of a historical resource would be materially impaired.
The significance of a historical resource is materially impaired when a project:
(a) Demolishes or materially alters in an adverse manner those physical characteristics of a
historical resource that convey its historical significance and that justify its inclusion in,
or eligibility for inclusion in, the California Register of Historical Resources;
(b) Demolishes or materially alters in an adverse manner those physical characteristics that
account for its inclusion in a local register of historical resources or its identification in a
historical resources survey, unless the Lead Agency establishes by a preponderance of
evidence that the resource is not historically or culturally significant; or
(c) Demolishes or materially alters in an adverse manner those physical characteristics of a
historical resource that convey its historical significance and that justify its eligibility for
inclusion in the California Register of Historical Resources as determined by the Lead
Agency for purposes of CEQA.
Generally, a project that follows either one of the following sets of standards and
guidelines will be considered mitigated to a level of less than significant: (a) the Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
(1995), Weeks and Grimmer.
In the event of an accidental discovery of a possible historical resource during
construction of the project, the City may provide for the evaluation of the find by a qualified
archaeologist or other professional. If the find is determined to be a historical resource, the City
should take appropriate steps to implement appropriate avoidance or mitigation measures. Work
on non affected portions of the project, as determined by the City, may continue during the
process. Curation may be an appropriate mitigation measure for an artifact that must be removed
during project excavation or testing.
5.14 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES.
When a project will impact an archaeological site, the City shall first determine whether
the site is a historical resource, as defined in Local Guidelines Section 10.25. If the
archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an
archaeological resource. If the archaeological site does not meet the definition of a historical
resource, but does meet the definition of a unique archaeological resource set forth in Public
Resources Code Section 21083.2, the site shall be treated in accordance with said provisions of
the Public Resources Code. The time and cost limitations described in Section 21083.2(c -f) do
not apply to surveys and site evaluation activities intended to determine whether the project site
contains unique archaeological resources.
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If the archaeological resource is neither a unique archaeological resource nor a historical
resource, the effects of the project on those resources shall not be considered a significant effect
on the environment. It shall be sufficient that both the resource and the effect on it are noted in
the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need
not be considered further in the CEQA process.
In the event of an accidental discovery of a possible unique archaeological resource
during construction of the project, the City may provide for the evaluation of the find by a
qualified archaeologist. If the find is determined to be a unique archaeological resource, the City
should take appropriate steps to implement appropriate avoidance or mitigation measures. Work
on non affected portions of the project, as determined by the City, may continue during the
process. Curation may be an appropriate mitigation measure for an artifact that must be removed
during project excavation or testing.
When an Initial Study identifies the existence of, or the probable likelihood of, Native
American human remains within the Project, the City shall comply with the provisions of State
Guidelines Section 15064.5(d). In the event of an accidental discovery or recognition of any
human remains in any location other than a dedicated cemetery, the City shall comply with the
provisions of State Guidelines Section 15064.5(e).
5.15 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT
PROJECTS.
(a) Projects Subject to Consultation Requirements.
For certain development projects, cities and counties must consult with water agencies.
The City should refer to this section when preparing such an assessment or when reviewing
projects in its role as a Responsible Agency. This section applies only to water demand projects
as defined by Guideline 10.74. Program level environmental review may not need to be as
extensive as project level environmental review. See Local Guidelines Sections 8.03 and 8.08.
Water Supply Assessment.
When a city or county as Lead Agency determines the type of environmental document
that will be prepared for a water demand project or any project that includes a water demand
project, the city or county must identify any public water system (as defined in Local Guidelines
Sections 10.55 and 10.74) that may supply water for the project. The city or county must also
request that the public water system determine whether the projected demand associated with the
project was included in the most recently adopted Urban Water Management Plan. The city or
county must also request that the public water system prepare a specified water supply
assessment for approval at a regular or special meeting of the public water system governing
body.
If no public water system is identified that may supply water for the water demand
project, the city or county shall prepare the water supply assessment. The city or county shall
consult with any entity serving domestic water supplies whose service area includes the site of
the water demand project, the local agency formation commission, and the governing body of
any public water system adjacent to the site of the water demand project. The city council or
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county board of supervisors must approve the water assessment prepared pursuant to this
paragraph at a regular or special meeting.
As per Water Code section 10910, the water assessment must include identification of
existing water supply entitlements, water rights, or water service contracts relevant to the water
supply for the proposed project and water received in prior years pursuant to those entitlements,
rights, and contracts, and further information is required if water supplies include groundwater.
The water assessment must determine the ability of the public water system to meet existing and
future demands along with the demands of the proposed water demand project in light of existing
and future water supplies. This supply demand analysis is to be conducted via a twenty -year
projection, and must assess water supply sufficiency during normal year, single dry year, and
multiple dry year hydrology scenarios. If the public water agency concludes that the water
supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies.
The city or county shall grant the public water agency a 30 day extension of time to
prepare the assessment if the public water agency requests an extension within 90 days of being
asked to prepare the assessment. If the governing body of the public water system fails to
request and receive an extension of time, or fails to submit the water assessment notwithstanding
the 30 day extension, the city or county may seek a writ of mandamus to compel the governing
body of the public water system to comply.
The city or county shall include the water assessment, and any water acquisition plan in
the EIR, negative declaration, or mitigated negative declaration, or any supplement thereto,
prepared for the project, and may include an evaluation of the water assessment and water
acquisition plan information within such environmental document. A discussion of water supply
availability should be included in the main text of the environmental document. Normally, this
discussion should be based on the data and information included in the water supply assessment.
In making its required findings under CEQA, the city or county shall determine, based on the
entire record, whether projected water supplies will be sufficient to satisfy the demands of the
project, in addition to existing and planned future uses. If a city or county determines that water
supplies will not be sufficient, the city or county shall include that determination in its findings
for the project.
If a water -demand project has been the subject of a water assessment, no additional water
assessment shall be required for subsequent water -demand projects that were included in the
larger water -demand project if all of the following criteria are met:
(1) The entity completing the water assessment concluded that its water
supplies are sufficient to meet the projected water demand associated with
the larger water demand project, in addition to the existing and planned
future uses, including, but not limited to, agricultural and industrial uses;
and
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(2) None of the following changes has occurred since the completion of the
water assessment for the larger water -demand project:
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For complete information on these requirements, consult Water Code Sections 10910, et
seq. For other CEQA provisions applicable to these types of projects, see Local Guidelines
Sections 7.03 and 7.20.
5.16 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS.
Cities and counties must obtain written verification from the applicable public water
system(s) that a sufficient water supply is available before approving certain development
projects. The City should also be aware of these requirements when reviewing projects in its
role as a Responsible Agency.
Cities and counties are prohibited from approving a tentative map, parcel map for which
a tentative map was not required, or a development agreement for a subdivision of property of
more than 500 dwellings units, unless:
(1)
(A) Changes in the larger water demand project that result in a
substantial increase in water demand for the water demand project.
(B) Changes in the circumstances or conditions substantially affecting
the ability of the public water system identified in the water
assessment to provide a sufficient supply of water for the water
demand project.
(C) Significant new information becomes available which was not
known and could not have been known at the time when the entity
had reached its assessment conclusions.
The City Council, Board of Supervisors, or the advisory agency receives
written verification from the applicable public water system that a
sufficient water supply is available; or
(2) Under certain circumstances, the City Council, Board of Supervisors or
the advisory agency makes a specified finding that sufficient water
supplies are, or will be, available prior to completion of the project.
As a result, the City should obtain written verification as described above during the
Initial Study phase of the CEQA process for any proposed residential development of more than
500 dwelling units (Form "0"). For complete information on these requirements, consult
Government Code Section 66473.7.
5.17 IMPACTS TO OAK WOODLANDS.
When a county prepares an Initial Study to determine what type of environmental
document will be prepared for a project within its jurisdiction, the county must determine
whether the project may result in a conversion of oak woodlands that will have a significant
effect on the environment. Normally, this rule will not apply to projects undertaken by the City.
However, if the City is a Responsible Agency on such a project, the City should endeavor to
ensure that the county, as Lead Agency, analyzes these impacts in accordance with CEQA.
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5.18 CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS
A. Lead Agency Retains Discretion to Choose Model or Methodology
Recent changes to the State CEQA Guidelines require the discussion and analysis of
greenhouse gas emissions by the City in relevant CEQA documents. For projects subject to
CEQA, the City should make a good -faith effort, based to the extent possible on scientific and
factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting
from a project.
The City, as lead agency, shall have discretion to determine the appropriate model or
methodology for quantifying greenhouse gas emissions for each particular project. The City is
not required to use the same model or methodology in every instance, but should explain the
choice of model or methodology in the record of proceedings. When deciding on the appropriate
model or methodology for quantifying greenhouse gas emissions for a particular project, the City
has the discretion to do the following:
(1) Use a model or methodology to quantify greenhouse gas emissions
resulting from a project;
(2) Select the model or methodology it considers most appropriate provided it
supports its decision with substantial evidence. The lead agency should
explain the limitations of the particular model or methodology selected for
use; and or
(3)
Rely on a qualitative analysis or performance -based standards.
B. Tools in Determining Thresholds of Significance.
When determining if impacts on the environment from greenhouse gas emissions are
significant, the City should consider the following factors, among others:
(1) The extent to which the project may increase or reduce greenhouse gas
emissions as compared to the existing environmental setting. When an
EIR is prepared, it must discuss any inconsistencies between the proposed
project and the applicable general plan, specific plans, and regional plans.
This includes, but is not limited to, any applicable air quality attainment
plans, regional blueprint plans, or plans for the reduction of greenhouse
gas emissions.
(2) Whether the project emissions exceed a threshold of significance that the
lead agency determines applies to the project. When adopting thresholds
of significance, the City as Lead Agency, may consider thresholds of
significance previously adopted or recommended by other pubic agencies,
or recommended by experts, provided the decision to adopt such
thresholds is supported by substantial evidence.
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(3)
The Governor's Office of Planning and Research issued a technical advisory on
addressing climate change through CEQA. (Available at http /www.opr.ca.gov The technical
advisory discusses recommended approaches for analyzing greenhouse gases, and identifies
factors a Lead Agency may consider in establishing thresholds of significance.
C. Mitigation Measures Related to Greenhouse Gas Emissions
The City, as Lead Agency, must consider feasible means of mitigating the significant
effects of greenhouse gas emissions. Any such mitigation measure must be supported by
substantial evidence and be subject to monitoring or reporting. Reductions in emissions that are
not otherwise required may constitute mitigation. Potential mitigation will depend on the
particular circumstances of the project, but may include the following, among others:
(1)
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The extent to which the project complies with regulations or requirements
adopted to implement a statewide, regional, or local plan for the reduction
or mitigation of greenhouse gas emissions. Such requirements must be
adopted by the relevant public agency through a public review process and
must reduce or mitigate the project's incremental contribution of
greenhouse gas emissions. If there is substantial evidence that the possible
effects of a particular project are still cumulatively considerable
notwithstanding compliance with the adopted regulations or requirements,
an EIR must be prepared for the project. Similarly, an EIR must analyze
greenhouse gas emissions resulting from a proposed project when the
incremental contribution of those emissions may be cumulatively
considerable.
Measures in an existing plan or mitigation program for the reduction of
emissions that are required as part of the lead agency's decision;
(2) Reductions in emissions resulting from a project through implementation
of project features, project design, or other measures, such as those
described in Appendix F;
(3) Off -site measures, including offsets, to mitigate a project's emissions;
(4) Measures that sequester greenhouse gases; and
(5) In the case of the adoption of a plan, such as a general plan, long range
development plan, or plan for the reduction of greenhouse gas emissions,
mitigation may include the identification of specific measures that may be
implemented on a project -by- project basis. Mitigation may also include
the incorporation of specific measures or policies found in an adopted
ordinance or regulation that reduces the cumulative effect of emissions.
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D. Streamlined Analysis of Greenhouse Gas Emissions.
Environmental Documents for Certain Residential, Mixed Use and Transit Priority
Projects: Under certain limited circumstances, the legislature has specifically declared that the
analysis of greenhouse gas emissions or climate change impacts may be limited. As identified in
SB 375, Public Resources Code Sections 21155, 21155.2, and 21159.28 provide that if certain
identified projects meet specified ratios and densities, then the lead agencies for those projects
may conduct a limited review of greenhouse gas emissions or may be exempted from analyzing
global warming impacts that result from cars and light duty trucks if a detailed list of
requirements is met. However, these special situations are very narrowly defined and, even if it
applies, the Lead Agency may need to consider whether such projects will result in greenhouse
gas emissions from other sources.
E. Tiering.
The City may analyze and mitigate the significant effects of greenhouse gas emissions at
a programmatic level. Later project- specific environmental documents may then tier from and/or
incorporate by reference that existing programmatic review.
F. Plans for the Reduction of Greenhouse Gas Emissions.
Public agencies may choose to analyze and mitigate greenhouse gas emissions in a plan
for the reduction of greenhouse gas emissions or similar document. A plan for the reduction of
greenhouse gas emissions should:
(1) Quantify greenhouse gas emissions, both existing and projected over a
specified time period, resulting from activities within a defined geographic
area;
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(2) Establish a level, based on substantial evidence, below which the
contribution to greenhouse gas emissions from activities covered by the
plan would not be cumulatively considerable;
Identify and analyze the greenhouse gas emissions resulting from specific
actions or categories of actions anticipated within the geographic area;
(4) Specify measures or a group of measures, including performance
standards, that substantial evidence demonstrates, if implemented on a
project -by- project basis, would collectively achieve the specified
emissions level;
(3)
(5)
Establish a mechanism to monitor the plan's progress toward achieving
the level and to require amendment if the plan is not achieving specified
levels;
(6) Be adopted in a public process following environmental review.
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A plan for the reduction of greenhouse gas emissions, once adopted following
certification of an EIR, may be used in the cumulative impacts analysis of later projects. An
environmental document that relies on a plan for the reduction of greenhouse gas emissions for a
cumulative impacts analysis must identify those requirements specified in the plan that apply to
the project, and, if those requirements are not otherwise binding and enforceable, incorporate
those requirements as mitigation measures applicable to the project. If there is substantial
evidence that the effects of a particular project, may be cumulatively considerable
notwithstanding the project's compliance with the specified requirements in the plan for
reduction of greenhouse gas emissions, an EIR must be prepared for the project.
5.19 ENERGY CONSERVATION.
Potentially significant energy implications of a project must be considered in an EIR to
the extent relevant and applicable to the project. The project description should identify the
following as applicable or relevant to the project:
(1) Energy consuming equipment and processes which will be used during
construction, operation and/or removal of the project. If appropriate, this
discussion should consider the energy intensiveness of materials and
equipment required for the project.
(2) Total energy requirements of the project by fuel type and end use.
(3) Energy conservation equipment and design features.
(4) Identification of energy supplies that would serve the project.
(5) Total estimated daily vehicle trips to be generated by the project and the
additional energy consumed per trip by mode.
The discussion of the environmental setting may include existing energy supplies and
energy use patterns in the region and locality. The City may also consider the extent to which
energy supplies have been adequately considered in other environmental documents.
Environmental Impacts may include:
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(1)
(2) The effects of the project on local and regional energy supplies and on
requirements for additional capacity.
(3)
The project's energy requirements and its energy use efficiencies by
amount and fuel type for each stage of the project including construction,
operation, maintenance and /or removal. If appropriate, the energy
intensiveness of materials may be discussed.
The effects of the project on peak and base period demands for electricity
and other forms of energy.
(4) The degree to which the project complies with existing energy standards.
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(5) The effects of the project on energy resources.
(6) The project's projected transportation energy use requirements and its
overall use of efficient transportation alternatives.
Unavoidable adverse effects may include wasteful, inefficient and unnecessary
consumption of energy during the project construction, operation, maintenance and/or removal
that cannot be feasibly mitigated. Irreversible commitment of resources may include a
discussion of how the project preempts future energy development or future energy conservation.
Alternatives should be compared in terms of overall energy consumption and in terms of
reducing wasteful, inefficient and unnecessary consumption of energy.
5.20 ENVIRONMENTAL IMPACT ASSESSMENT.
The job of the Initial Study is to identify which environmental impacts may be
significant. Based upon the Initial Study, Staff shall determine whether a proposed project may
or will have a significant effect on the environment. Such determination shall be made in writing
on the Environmental Impact Assessment Form (Form "C If Staff finds that a project will not
have a significant effect 011 the environment, it shall recommend that a Negative Declaration be
prepared and adopted by the decisionmaking body. If Staff finds that a project may have a
significant effect on the environment, but the effects can be mitigated to a level of insignificance,
it shall recommend that a Mitigated Negative Declaration be prepared and adopted by the
decisionmaking body. If Staff finds that a project may have a significant effect on the
environment, it shall recommend that an EIR be prepared and certified by the decisionmaking
body.
5.21 FINAL DETERMINATION.
The City Council shall have the final responsibility for determining whether an EIR,
Negative Declaration or Mitigated Negative Declaration shall be required for any project. The
City Council's determination shall be final and conclusive on all persons, including Responsible
Agencies and Trustee Agencies, except as provided in Section 15050(c) of the State Guidelines.
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(b)
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6. NEGATIVE DECLARATION
6.01 DECISION TO PREPARE A NEGATIVE DECLARATION.
A Negative Declaration (Form "E") shall be prepared for a project subject to CEQA
when the Initial Study shows that there is no substantial evidence in light of the whole record
that the project may have a significant or potentially significant adverse effect on the
environment. (See Local Guidelines Sections 10.59 and 10.64.)
6.02 DECISION TO PREPARE A MITIGATED NEGATIVE DECLARATION.
A Mitigated Negative Declaration (Form "E") shall be prepared for a project subject to
CEQA when the Initial Study identifies potentially significant effects on the environment, but:
(a) The project applicant has agreed to revise the project or the City can revise the project to
avoid these significant effects or to mitigate the effects to a point where it is clear that no
significant effects would occur; and
(b) There is no substantial evidence in light of the whole record before the City that the
revised project may have a significant effect.
It is insufficient to require an applicant to adopt mitigation measures after final adoption
of the Negative Declaration or to state that mitigation measures will be recommended on the
basis of a future study. The City must know the measures at the time the Negative Declaration is
adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of
agreement by the applicant to such mitigation should be in the record prior to public review.
Except where noted, the procedural requirements for the preparation and approval of a Negative
Declaration and Mitigated Negative Declaration are the same.
6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION.
The City, when acting as Lead Agency, is responsible for preparing all documents
required pursuant to CEQA. The documents may be prepared by Staff or by private consultants
pursuant to a contract with the City, but they must be the City's product and reflect the
independent judgment of the City.
6.04 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE
DECLARATION.
When, based upon the Initial Study, it is recommended to the decisionmaking body that a
Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt
a Negative Declaration or Mitigated Negative Declaration (Form "D shall be prepared. In
addition to being provided to the public through the means set forth in Local Guidelines Section
6.07, this Notice shall also be provided to:
Each Responsible and Trustee Agency,
Any other federal, state, or local agency which has jurisdiction by law or exercises
authority over resources affected by the project, including:
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(1) Any water supply agency consulted under Local Guidelines Section 5.15;
(2) Any city or county bordering on the project area;
(3) For a project of statewide, regional, or areawide significance, to any
transportation agencies or public agencies which have major local arterials
or public transit facilities within five (5) miles of the project site or
freeways, highways, or rail transit service within ten (10) miles of the
project site which could be affected by the project; and
(4) For a subdivision project located within one mile of a facility of the State
Water Resources Development System, to the California Department of
Water Resources.
(c) The last known name and address of all organizations and individuals who have
previously filed a written request with the City to receive these Notices;
(d) For certain projects that may impact a low -level flight path, military impact zone, or
special use airspace and that meet the other criteria of Local Guidelines Section 6.05, to
the specified military services contact.
(e) For certain projects that involve the construction or alteration of a facility anticipated to
include hazardous air emissions or handle hazardous substances within one quarter mile
of a school and that meet the other requirements of Local Guidelines Section 6.06, to any
potentially affected school district.
(f) For certain waste burning projects that meet the requirements of Local Guidelines
Section 5.10 (See also Local Guidelines Section 7.22 regarding mandatory preparation of
EIR), to the owners and occupants of property within one -fourth mile of any parcel on
which the project will be located.
(g) For a project that establishes or amends a redevelopment plan that contains land in
agricultural use, notice shall be provided to the agricultural and farm agencies and
organizations specified in Health and Safety Code Section 33333.3.
(h) A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the
Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every
Responsible Agency and Trustee Agency concerned with the project and every other
public agency with jurisdiction by law over resources affected by the project.
(i) The Notice of Intent to Adopt a Negative Declaration (Form "D must be filed and
posted with the County Clerk at least twenty (20) days, or, in cases subject to review by
the State Clearinghouse, posted by the County Clerk and the State Office and Planning
and Research at least thirty (30) days before the final adoption of the Negative
Declaration or Mitigated Negative Declaration by the decisionmaking body. See Local
Guidelines Section 6.07.
The City may require requests for notices to be renewed annually. The City may charge
a fee for providing notices pursuant to written requests, unless the request is made by another
public agency.
If the Negative Declaration has been submitted to the State Clearinghouse for circulation,
the public review period shall be at least as long as the period of review by the State
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Clearinghouse. (See Local Guidelines Section 6.07.) Day one of the state review period shall be
the date that the State Clearinghouse distributes the document to state agencies. If the Lead
Agency is submitting a Negative Declaration or Mitigated Negative Declaration to the State
Clearinghouse, the Notice of Completion form may be used.
The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration
shall contain the following information:
(a) The period during which comments shall be received;
(b) The date, time and place of any public meetings or hearings on the proposed project;
(c) A brief description of the proposed project and its location;
(d) The address where copies of the proposed Negative Declaration or Mitigated Negative
Declaration and all documents referenced in the proposed Negative Declaration or
Mitigated Negative Declaration are available for review;
(e) The Environmental Protection Agency "EPA list on which the proposed project site is
located, if applicable, and the corresponding information from the applicant's statement.
(See Local Guidelines Section 2.04.); and
(f) The significant effects on the environment, if any, anticipated as a result of the proposed
project.
6.05 PROJECTS AFFECTING MILITARY SERVICES; DEPARTMENT OF DEFENSE
NOTIFICATION.
CEQA imposes additional requirements to provide notice to potentially affected military
agencies when:
(a) The project meets one of the following three criteria:
(1) The project includes a general plan amendment;
(2) The project is of statewide, regional, or areawide significance;
(3) The project relates to a public use airport or certain lands surrounding a
public use airport; and
(b)
A "military service" (defined in Section 10.39 of these Local Guidelines) has provided its
contact office and address and notified the Lead Agency of the specific boundaries of a
"low -level flight path" (defined in Section 10.35 of these Local Guidelines), "military
impact zone" (defined in Section 10.38 of these Local Guidelines), or "special use
airspace" (defined in Section 10.60 of these Local Guidelines)
When a project meets these requirements, the City must provide the military service's
designated contact with a copy of the Notice of Intent to Adopt a Negative Declaration or
Mitigated Negative Declaration that has been prepared for the project, unless the project involves
the remediation of lands contaminated with hazardous wastes and meets certain other
requirements. See Public Resources Code Sections 21080.4 and 21092 and Health and Safety
Code Sections 25300, et.seq.; 25396; and 25187.
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The City must provide the military service with sufficient notice of its intent to adopt a
Negative Declaration or Mitigated Negative Declaration to ensure that the military service has no
fewer than twenty (20) days to review the documents before they are approved, provided that the
military service shall have a minimum of thirty (30) days to review the environmental documents
if the documents have been submitted to the State Clearinghouse. See State Guidelines Sections
15105(b) and 15190.5(c).
6.06 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS AIR
EMISSIONS NEAR SCHOOLS.
Special procedural rules apply to projects involving the construction or alteration of a
facility within one quarter mile of a school /schools when: (1) the facility might reasonably be
anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a
mixture containing extremely hazardous substances in a quantity equal to or greater than the
threshold specified in Health and Safety Code Section 25532(j), and (2) the emissions or
substances may pose a health or safety hazard to persons who would attend or would be
employed at the school. If the project meets both of those criteria, the City may not approve a
Negative Declaration unless both of the following have occurred:
(a) The City, as Lead Agency, consulted with the affected school district or districts having
jurisdiction over the school regarding the potential impact of the project on the school;
and
(b) The school district(s) was given written notification of the project not less than thirty (30)
days prior to the proposed approval of the Negative Declaration.
When the City is considering the adoption of a Negative Declaration for a project that
meets these criteria, it can satisfy this requirement by providing the Notice of Intent to Adopt a
Negative Declaration and the proposed Negative Declaration and Initial Study to the potentially
affected school district at least thirty (30) days before the decision making body will consider the
adoption of the Negative Declaration. See also Local Guidelines Section 6.04.
Implementation of this Guideline shall be consistent with the definitions and terms
utilized in State Guidelines Section 15186.
6.07 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE
DECLARATION.
The City shall have a copy of the Notice of Intent to Adopt, the Negative Declaration or
Mitigated Negative Declaration and the Initial Study posted at the City's offices and made
available for public inspection. The Notice must be provided either twenty (20) or thirty (30)
days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration. The
public review period for Negative Declarations prepared for projects subject to State
Clearinghouse review must be circulated for at least as long as the review period established by
the State Clearinghouse, usually no less than thirty (30) days. A shortened review period of at
least twenty (20) days may be approved by the State Clearinghouse as provided for in State
Guidelines Section 15105. The state review period will commence on the date the State
Clearinghouse distributes the document to state agencies. The State Clearinghouse will
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distribute the document within three (3) days of receipt if the Negative Declaration or Mitigated
Negative Declaration is deemed complete.
The Notice must also be posted in the office of the Clerk in each county in which the
Project is located and must remain posted throughout the public review period. The County
Clerk is required to post the Notice within twenty -four (24) hours of receiving it.
Notice shall be provided as stated in Local Guidelines Section 6.04. In addition, it must
be given by at least one of the following procedures:
(a) Publication at least once in a newspaper of general circulation in the area affected by the
proposed project. If more than one area will be affected, the notice shall be published in
the newspaper of largest circulation from among the newspapers of general circulation in
those areas;
(b) Posting of notice on and off site in the area where the project is to be located; or
(c) Direct mailing to owners and occupants of property contiguous to the project, as shown
on the latest equalized assessment roll.
The City shall consider all comments received during the public review period for the
Negative Declaration or Mitigated Negative Declaration. For a Negative Declaration or
Mitigated Negative Declaration, the City is not required to respond in writing to comments it
receives either during or after the public review period. However, the City may want to provide
a written response to all comments if it will not delay action on the Negative Declaration or
Mitigated Negative Declaration, since any comment received prior to final action on the
Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge.
A written response which refutes the comment or adequately explains the City's action in light of
the comment will assist the City in defending against a legal challenge. The City shall notify any
public agency which comments on a Negative Declaration or Mitigated Negative Declaration of
the public hearing or hearings, if any, on the project for which the Negative Declaration or
Mitigated Negative Declaration was prepared.
6.08 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION TO
STATE CLEARINGHOUSE.
A Negative Declaration or Mitigated Negative Declaration must be submitted to the State
Clearinghouse for circulation in the following situations:
(a) The Negative Declaration or Mitigated Negative Declaration is prepared by a Lead
Agency that is a state agency;
(b) The Negative Declaration or Mitigated Negative Declaration is prepared by a public
agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has
jurisdiction by law with respect to the project; or
(c) The Negative Declaration or Mitigated Negative Declaration is for a project identified in
State Guidelines Section 15206 as being of statewide, regional, or areawide significance.
State Guidelines Section 15206 identifies the following types of projects as being
examples of projects of statewide, regional, or areawide significance which require submission to
the State Clearinghouse for circulation:
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(1) Projects which have the potential for causing significant environmental
effects beyond the city or county where the project would be located, such
as:
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(a) Residential development of more than 500 units;
(b) Commercial projects employing more than 1,000 persons or
covering more than 500,000 square feet of floor space;
(c) Office building projects employing more than 1,000 persons or
covering more than 250,000 square feet of floor space;
(d) Hotel or motel development of more than 500 rooms; or
(e) Industrial projects housing more than 1,000 persons, occupying
more than 40 acres of land, or covering more than 650,000 square
feet of floor area.
(2) Projects for the cancellation of a Williamson Act contract covering more
than 100 acres.
Projects in one of the following Environmentally Sensitive Areas:
(a) Lake Tahoe Basin.
(b) Santa Monica Mountains Zone.
(c) Sacramento -San Joaquin River Delta.
(d) Suisun Marsh.
(e) Coastal Zone, as defined by the California Coastal Act.
(f) Areas within one quarter mile of a river designated as wild and
scenic.
(g) Areas within the jurisdiction of the San Francisco Bay
Conservation and Development Commission.
(4) Projects which would affect sensitive wildlife habitats or the habitats of
any rare, threatened, or endangered species.
(5) Projects which would interfere with water quality standards.
(6) Projects which would provide housing, jobs, or occupancy for 500 or more
people within 10 miles of a nuclear power plant.
A Negative Declaration or Mitigated Negative Declaration may also be submitted to the
State Clearinghouse for circulation if a state agency has special expertise with regard to the
environmental impacts involved.
When the Negative Declaration or Mitigated Negative Declaration is submitted to the
State Clearinghouse for review, the review period shall be at least thirty (30) days. The review
period begins (day one) on the date that the State Clearinghouse distributes the Negative
Declaration or Mitigated Negative Declaration to state agencies. The State Clearinghouse is
required to distribute the Negative Declaration or Mitigated Negative Declaration to state
agencies within three (3) working days from the date the State Clearinghouse receives the
document, as long as the Negative Declaration or Mitigated Negative Declaration is complete
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when submitted to the State Clearinghouse. If the document submitted to the State
Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The
review period for the public and all other agencies may run concurrently with the state agency
review period established by the State Clearinghouse, but the public review period cannot
conclude before the state agency review period does. The review period for the public shall be at
least as long as the review period established by the State Clearinghouse.
When a Negative Declaration or Mitigated Negative Declaration is submitted to the State
Clearinghouse, a Notice of Completion (Form "H should be included as a cover sheet. A
sufficient number of copies of the documents must be sent to the State Clearinghouse for
circulation. Staff should contact the State Clearinghouse to find out the correct number of
printed conies required for circulation. In addition to the printed copies, a copy of the documents
in electronic format shall be submitted on a diskette or by electronic mail transmission if
available.
Alternatively, the City may provide copies of draft environmental documents to the State
Clearinghouse for state agency review in an electronic format. The document must be on a CD-
ROM in a common file format such as Word or Acrobat. Lead Agencies must provide fifteen
(15) copies of the CD -ROM to the State Clearinghouse along with a hard copy version of the
Notice of Completion (Form "H In addition, each CD -ROM must be accompanied by 15
printed copies of the introduction section of a Negative Declaration or Mitigated Negative
Declaration. The printed summary allows both the State Clearinghouse and agency CEQA
coordinators to distribute the documents quickly without the use of a computer.
A shorter review period by the State Clearinghouse for a Negative Declaration or
Mitigated Negative Declaration can be requested by the decisionmaking body. The shortened
review period shall not be less than twenty (20) days. Such a request must be made in writing by
the Lead Agency to the Office of Planning and Research. The decisionmaking body may
designate by resolution or ordinance an individual authorized to request a shorter review period.
Any approval of a shortened review period must be given prior to, and reflected in, the public
notice. However, a shortened review period shall not be approved by the Office of Planning and
Research for any proposed project of statewide, regional or areawide environmental significance,
as defined by State Guidelines Section 15206.
6.09 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS.
For any waste burning project not requiring an EIR, as defined in Local Guidelines
Section 5.10, Notice of Intent to Adopt a Negative Declaration shall be given to all organizations
and individuals who have previously requested it and shall also be given by all three of the
procedures listed in Local Guidelines Section 6.07. In addition, Notice shall be given by direct
mailing to the owners and occupants of property within one quarter mile of any parcel or parcels
on which such a project is located. (Public Resources Code Section 21092(c).)
These notice requirements apply only to those projects described in Local Guidelines
Section 5.10. These notice requirements do not preclude the City from providing additional
notice by other means if desired.
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6.10 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT
PROJECTS.
Under specific circumstances a city or county acting as Lead Agency must consult with
the public water system which will supply the project to determine whether it can adequately
supply the water needed for the project. In its role as a Lead Agency and as a potential
Responsible Agency, the City should be aware of these requirements. See Local Guidelines
Section 5.15 for more information on these requirements.
6.11 CONTENT OF NEGATIVE DECLARATION.
A Negative Declaration must be prepared directly by or under contract to the City and
should generally resemble Form "E." It shall coltain the following information:
(a) A brief description of the project proposed, including any commonly used name for the
project;
(b) The location of the project and the name of the project proponent;
(c) A finding that the project as proposed will not have a significant effect on the
environment;
(d) An attached copy of the Initial Study documenting reasons to support the finding; and
(e) For a Mitigated Negative Declaration, feasible mitigation measures included in the
project to substantially lessen or avoid potentially significant effects, which must be fully
enforceable through permit conditions, agreements, or other measures. Such permit
conditions, agreements, and measures must be consistent with applicable constitutional
requirements such as the "nexus" and "rough proportionality" standards established by
case law.
The proposed Negative Declaration or Mitigated Negative Declaration must reflect the
independent judgment of the City.
6.12 TYPES OF MITIGATION.
The following is a non exhaustive list of potential types of mitigation the City may
consider:
(a) Avoidance;
(b) Preservation;
(c) Rehabilitation or replacement. Replacement may be on -site or off -site depending on the
particular circumstances; and/or
(d) Participation in a fee program.
6.13 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.
Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative
Declaration or Mitigated Negative Declaration, but in no event sooner than the expiration of the
applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or
Mitigated Negative Declaration may be presented to the decisionmaking body at a regular or
special meeting. Prior to adoption, the City shall independently review and analyze the Negative
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Declaration or Mitigated Negative Declaration and find that the Negative Declaration or
Mitigated Negative Declaration reflects the independent judgment of the City.
If new information is added to the Negative Declaration after public review, the City
should determine whether recirculation is warranted. (See Local Guidelines Section 6.16). If the
decisionmaking body finds that the project will not have a significant effect on the environment,
it shall adopt the Negative Declaration or Mitigated Negative Declaration. If the decisionmaking
body finds that the proposed project may have a significant effect on the environment that cannot
be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of
Preparation of a Draft EIR.
When adopting a Negative Declaration or Mitigated Negative Declaration, the City shall
specify the location and custodian of the documents or other material which constitute the record
of proceedings upon which it based its decision. If adopting a Negative Declaration for a project
that may emit hazardous air emissions within one quarter mile of a school and that meets the
other requirements of Local Guidelines Section 6.06, the decisionmaking body must also make
the findings required by Local Guidelines Section 6.06.
As Lead Agency, the City may charge a non elected official or body with the
responsibility of independently reviewing the adequacy of and adopting a Negative Declaration;
however, when a non elected decisionmaking body adopts a Negative Declaration or Mitigated
Negative Declaration, the City must have a procedure allowing for the appeal of that decision to
the City Council.
6.14 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE
DECLARATION.
When adopting a Mitigated Negative Declaration pursuant to Local Guidelines Section
6.12, the City shall adopt a reporting or monitoring program to assure that mitigation measures,
which are required to mitigate or avoid significant effects on the environment will be fully
enforceable through permit conditions, agreements, or other measures and implemented by the
project proponent or other responsible party in a timely manner, in accordance with conditions of
project approval. The City shall also specify the location and the custodian of the documents
which constitute the record of proceedings upon which it based its decision. There is no
requirement that the reporting or monitoring program be circulated for public review; however,
the City may choose to circulate it for public comments along with the Negative Declaration.
The mitigation measures required to mitigate or avoid significant effects on the environment
must be adopted as conditions of project approval.
This reporting or monitoring program shall be designed to assure compliance during the
implementation or construction of a project and shall otherwise comply with the requirements
described in Local Guidelines Section 7.33. If a Responsible Agency or Trustee Agency has
required that certain conditions be incorporated into the project, the City may request that agency
to prepare and submit a proposed reporting or monitoring program. The City shall also require
that, prior to the close of the public review period for a Mitigated Negative Declaration (see
Guidelines Section 6.04), the Responsible or Trustee Agency submit detailed performance
objectives for mitigation measures, or refer the City to appropriate, readily available guidelines
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or reference documents. Any mitigation measures submitted to the City by a Responsible or
Trustee Agency shall be limited to measures which mitigate impacts to resources which are
within the Responsible or Trustee Agency's authority.
Local agencies have the authority to levy fees sufficient to pay for this program.
Therefore, the City can charge the project proponent a fee to cover actual costs of program
processing and implementation.
Transportation information resulting from the reporting or monitoring program required
to be adopted by the City shall be submitted to the regional transportation planning agency where
the project is located and to the Department of Transportation for a project of statewide, regional
or areawide significance according to State Guidelines Section 15206. The transportation
planning agency and the Department of Transportation are required by law to adopt guidelines
for the submittal of these reporting or monitoring programs, so the City may wish to tailor its
submittal to such guidelines.
6.15 APPROVAL OR DISAPPROVAL OF PROJECT.
At the time of adoption of a Negative Declaration or Mitigated Negative Declaration, the
decisionmaking body may consider the project for purposes of approval or disapproval. Prior to
approving the project, the decisionmaking body shall consider the Negative Declaration or
Mitigated Negative Declaration, together with any written comments received and considered
during the public review period, and shall approve or disapprove the Negative Declaration or
Mitigated Negative Declaration. In making a finding as to whether there is any substantial
evidence that the project will have a significant effect on the environment, the factors listed in
Local Guidelines Section 5.08 should be considered. (See Local Guidelines Section 6.06 for
approval requirements for facilities which may emit hazardous pollutants or which may handle
extremely hazardous substances within one quarter mile of a school site.)
6.16 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE
DECLARATION.
(a)
(b)
A Negative Declaration or Mitigated Negative Declaration must be recirculated when the
document must be substantially revised after the public review period but prior to its adoption.
A "substantial revision" occurs when the City has identified a new and avoidable significant
effect for which mitigation measures or project revisions must be added in order to reduce the
effect to a level of insignificance, or the City determines that the proposed mitigation measures
or project revisions will not reduce the potential effects to less than significant and new measures
or revisions must be required.
Recirculation is not required under the following circumstances:
Mitigation measures are replaced with equal or more effective measures, and the City
makes a finding to that effect;
New project revisions are added after circulation of the Negative Declaration or
Mitigated Negative Declaration or in response to written or oral comments on the
project's effects, but the revisions do not create new significant environmental effects and
are not necessary to mitigate an avoidable significant effect;
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(c) Measures or conditions of project approval are added after circulation of the Negative
Declaration or Mitigated Negative Declaration, but the measures or conditions are not
required by CEQA, do not create new significant environmental effects and are not
necessary to mitigate an avoidable significant effect; or
(d) New information is added to the Negative Declaration or Mitigated Declaration which
merely clarifies, amplifies, or makes insignificant modifications to the Negative
Declaration or Mitigated Negative Declaration.
If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the
City determines that the project requires an EIR, it shall prepare and circulate the Draft EIR for
consultation and review and advise reviewers in writing that a proposed Negative Declaration or
Mitigated Declaration had previously been circulated for the project.
6.17 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR
MII IGATED NEGATIVE DECLARATION HAS BEEN APPROVED.
After final approval of a project for which a Negative Declaration has been prepared,
Staff shall cause to be prepared, filed and posted a Notice of Determination (Form "F The
Notice of Determination shall contain the following information:
(a) An identification of the project, including the project title as identified on the proposed
Negative Declaration, location, and the State Clearinghouse identification number for the
proposed Negative Declaration if the Notice of Determination is filed with the State
Clearinghouse;
(b) A brief description of the project;
(c) The name of the City and the date on which the City approved the project;
(d) The determination of the City that the project will not have a significant effect on the
environment;
(e) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted
pursuant to the provisions of CEQA;
(f) A statement indicating whether mitigation measures were made a condition of the
approval of the project, and whether a mitigation monitoring plan/program was adopted;
and
(g) The address where a copy of the Negative Declaration or Mitigated Negative Declaration
may be examined.
The Notice of Determination shall be filed with the Clerk of each county in which the
project will be located within five (5) working days of project approval. The City is encouraged
to make copies of filed notices available in electronic format on the Internet. Such electronic
notices are in addition to the posting requirements of the CEQA Guidelines and the Public
Resources Code. The Clerk must post the Notice of Determination within twenty -four (24)
hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty
(30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it
was posted. The City shall retain the notice for not less than twelve (12) months. If the project
requires discretionary approval from any State agency, the Notice of Determination shall also be
filed with the Office of Planning and Research within five (5) working days of project approval
along with proof of payment of the California Department of Fish and Game fee or a no effect
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determination form from the DFG (see Local Guidelines Section 6.21). Simultaneously with the
filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of
Determination to be posted at City Hall.
If a written request has been made for a copy of the Notice prior to the date on which the
City adopts the Negative Declaration, the copy must be mailed, first class postage prepaid,
within five (5) days of the City's determination. If such a request is made following the City's
determination, then the copy should be mailed in the same manner as soon as possible. The
recipients of such documents may be charged a fee reasonably related to the cost of providing the
service.
For projects with more than one phase, Staff shall file a Notice of Determination for each
phase requiring a discretionary approval.
The filing and posting of the Notice of Determination with the County Clerk, and, if
necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of
limitations on court challenges to the approval under CEQA. When separate notices are filed for
successive phases of the same overall project, the thirty (30) day statute of limitation to challenge
the subsequent phase begins to run when the second notice is filed. Failure to file the Notice
may result in a one hundred eighty (180) day statute of limitations.
6.18 ADDENDUM TO NEGATIVE DECLARATION.
The City may prepare an addendum to an adopted Negative Declaration if only minor
technical changes or additions are necessary. The City may also prepare an addendum to an
adopted Negative Declaration when none of the conditions calling for a subsequent Negative
Declaration have occurred. (See Local Guidelines Section 6.19 below.) An addendum need not
be circulated for public review but can be attached to the adopted Negative Declaration. The
City shall consider the addendum with the adopted Negative Declaration prior to project
approval.
6.19 SUBSEQUENT NEGATIVE DECLARATION.
When a Negative Declaration has been adopted for a project, or when an EIR has been
certified, a subsequent Negative Declaration or EIR must be prepared in the following instances:
(a) Substantial changes are proposed in the project which will require major revisions of the
previous EIR or Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
(b) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(c) New information of substantial importance which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was
certified or the Negative Declaration was adopted which shows any of the following:
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(1) The project will have one or more significant effects not discussed in the
previous EIR or Negative Declaration;
(2) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(3)
Mitigation measure(s) or alternative(s) previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents declined to
adopt the mitigation measure(s) or altemative(s); or
(4) Mitigation measure(s) or altemative(s) which are considerably different
from those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure(s) or alternative(s).
The City as Lead Agency would then determine whether a Subsequent EIR,
Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent
Negative Declarations must be given the same notice and public review period as other Negative
Declarations. The Subsequent Negative Declaration shall state where the previous document is
available and can be reviewed.
6.20 PRIVATE PROJECT COSTS.
For private projects, the person or entity proposing to carry out the project shall bear all
costs incurred by the City in preparing the Initial Study and in preparing and filing the Negative
Declaration and Notice of Determination.
6.21 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES.
At the time a Notice of Determination for a Negative Declaration is filed with the County
or Counties in which the project is located, a fee of $2,010.25 shall be paid to the Clerk for
projects which will adversely affect fish or wildlife resources. These fees are collected by the
Clerk on behalf of DFG pursuant to Fish and Game Code Section 711.4.
Only one filing fee is required for each project unless the project is tiered or phased and
separate environmental documents are prepared. (Fish Game Code Section 711.4(g).) For
projects where Responsible Agencies file separate Notices of Determination, only the Lead
Agency is required to pay the fee.
Note: County Clerks are authorized to charge a documentary handling fee of up to
$50.00 for each project in addition to the Fish and Game fees specified above. Refer to the Index
in the Staff Summary to help determine the correct total amount of fees applicable to the project.
For private projects, the City may pass these costs on to the project applicant.
Fish and Game Code fees may be waived for projects with "no effect" on fish or wildlife
resources or for certain projects undertaken by the DFG and implemented through a contract
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with a non -profit entity or local government agency; however, the Lead Agency must obtain a
form showing that the DFG has determined that the project will have "no effect" on fish and
wildlife. (Fish and Game Code Section 711.4(c)(2)(A)). Projects that are statutorily or
categorically exempt from CEQA are also not subject to the filing fee, and do not require a no
effect determination (CEQA Local Guidelines Sections 15260 through 15333; Fish and Game
Code Section 711.4(d)(1)). Regional Department environmental review and permitting staff are
responsible for determining whether a project within their region will qualify for a no effect
determination and if the CEQA filing fee will be waived.
The request should be submitted when the CEQA document is released for public review,
or as early as possible in the public .comment period. Documents submitted in digital format are
preferred (e.g. compact disk). If insufficient documentation is submitted to DFG for the
proposed project, a no effect determination will not be issued.
If the City believes that a project for which it is lead agency will have "no effect" on fish
or wildlife resources, it should contact the DFG Department Regional Office. The project's
CEQA document may need to be provided to the DFG Department Regional Office along with a
written request. Documentation submitted to the DFG Department Regional Office should set
forth facts in support of the fee exemption. Previous examples of projects that have qualified for
a fee exemption include• minor zoning changes that did not lead to or allow new construction,
grading, or other physical alterations to the environment and minor modifications to existing
structures including addition of a second story to single or multi family residences.
It is important to note that the fee exemption requirement that the project have "no"
impact on fish or wildlife resources is more stringent than the former requirement that a project
have only "de minimis" effects on fish or wildlife resources. DFG may determine that a project
would have no effect on fish and wildlife if all of the following conditions apply:
The project would not result in or have the potential to result in harm, harassment,
or take of any fish and/or wildlife species.
The project would not result in or have the potential to result in direct or indirect
destruction, ground disturbance, or other modification of any habitat that may support fish and/or
wildlife species.
The project would not result in or have the potential to result in the removal of
vegetation with potential to support wildlife.
The project would not result in or have the potential to result in noise, vibration,
dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly
or from a distance.
The project would not result in or have the potential to result in any interference
with the movement of any fish and/or wildlife species.
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Any request for a fee exemption should include the following information:
(1) the name and address of the project proponent and applicant contact
information;
(2) a brief description of the project and its location;
(3) site description and aerial and/or topographic map of the project site;
(4) State Clearinghouse number or county filing number;
(5) a statement that an Initial Study has been prepared by the City to evaluate
the project's effects on fish and wildlife resources, if any; and ts
(6) a declaration that, based on the City's evaluation of potential adverse
effects on fish and wildlife resources, the City believes the project will
have no effect on fish or wildlife.
If insufficient documentation is submitted to DFG for the proposed project, a no effect
determination will not be issued. (A sample Request for Fee Exemption is attached as Form
"L DFG will review the City's finding, and if DFG agrees with the Lead Agency's
conclusions, DFG will provide the City with written confirmation. Retain DFG's determination
as part of the administrative record; the City is required to file a copy of this determination with
the County after project approval and at the time of filing of the Notice of Determination (NOD).
The Lead Agency must have written confirmation of DFG's finding of "no impact" at the
time the Lead Agency files its Notice of Determination with the County. The County cannot
accept the Notice of Determination unless it is accompanied by the appropriate fee or a written
no effect determination from DFG.
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7. ENVIRONMENTAL IMPACT REPORT
7.03 NOTICE OF PREPARATION OF DRAFT EIR.
ENVIRONMENTAL IMPACT REPORT
7.01 DECISION TO PREPARE AN EIR.
An EIR shall be prepared whenever there is substantial evidence in light of the whole
record which supports a fair argument that the project may have a significant effect on the
environment. (See Local Guidelines Sections 10.59 and 10.64.) The record may include the
Initial Study or other documents or studies prepared to assess the project's environmental
impacts.
7.02 CONTRACTING FOR PREPARATION OF EIRS.
If an EIR is prepared under a contract to the City, the contract must be executed within
forty -five (45) days from the date on which the City sends a Notice of Preparation. The City
may take longer to execute the contract if the project applicant and the City mutually agree to an
extension of the 45 -day time limit.
The EIR prepared under contract must be the City's product. Staff, together with such
consultant help as may be required, shall independently review and analyze the EIR to verify its
accuracy, objectivity and completeness prior to presenting it to the decisionmaking body. The
EIR made available for public review must reflect the independent judgment of the City. Staff
may require such information and data from the person or entity proposing to carry out the
project as it deems necessary for completion of the EIR.
After determining that an EIR will be required for a proposed project, the City as Lead
Agency shall prepare and send a Notice of Preparation (Form "G to the Office of Planning and
Research and to each of the following:
(a)
(b)
Each Responsible Agency and Trustee Agency involved with the project;
Any other federal, state, or local agency which has jurisdiction by law or exercises
authority over resources affected by the project, including:
(1) Any water supply agency consulted under Local Guidelines Section 5.15;
(2) Any city or county bordering on the project area;
(3) For a project of statewide, regional, or areawide significance, to any
transportation agencies or public agencies which have major local arterials
or public transit facilities within five (5) miles of the project site or
freeways, highways, or rail transit service within ten (10) miles of the
project site which could be affected by the project; and
(4) For a subdivision project located within one mile of a facility of the State
Water Resources Development System, to the California Department of
Water Resources.
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(c) The last known name and address of all organizations and individuals who have
previously filed a written request with the City to receive these Notices;
(d) For certain projects that may impact a low -level flight path, military impact zone, or
special use airspace and that meet the other criteria in Local Guidelines Section 7.04 (See
also Local Guidelines Section 7.21), to the specified military services contact.
(e) For certain projects that involve the construction or alteration of a facility anticipated to
emit hazardous air emissions or handle hazardous substances within one quarter mile of a
school and that meet the other requirements of Local Guidelines Section 7.31, to any
potentially affected school district.
(f) For certain waste burning projects that meet the requirements of Local Guidelines
Section 5.10 (See also Local Guidelines Section 7.22), to the owners and occupants of
property within one -fourth mile of any parcel on which the project will be located.
(g) For a project that establishes or amends a redevelopment plan that contains land in
agricultural use, notice of preparation shall be provided to the agricultural and farm
agencies and organizations specified in Health and Safety Code Section 33333.3.
The Notice of Preparation must also be filed and posted in the office of the Clerk in each
county in which the project is located for thirty (30) days. The County Clerk must post the
Notice within twenty -four (24) hours of receipt.
When submitting the Notice of Preparation to the Office of Planning and Research, a
Notice of Completion (Form "H should be used as a cover sheet. Responsible and Trustee
Agencies, the State Clearinghouse, and the state agencies contacted by the State Clearinghouse
have thirty (30) days to respond to the Notice of Preparation. Agencies that do not respond
within thirty (30) days shall be deemed not to have any comments on the Notice of Preparation.
The City shall send copies of the Notice of Preparation by certified mail or any other
method of transmittal which provides it with a record that the Notice was received.
At a minimum, the Notice of Preparation shall include:
(a) A description of the project;
(b) The location of the project indicated either on an attached map (preferably a copy of the
USGS 15' or 7%2' topographical map identified by quadrangle name) or by a street
address and cross street in an urbanized area;
(c) The probable environmental effects of the project;
(d) The name and address of the consulting firm retained to prepare the Draft EIR, if
applicable; and
(e) The Environmental Protection Agency "EPA list on which the proposed site is located,
if applicable, and the corresponding information from the applicant's statement. (See
Local Guidelines Section 2.04.)
7.04 SPECIAL NOTICE REQUIREMENTS FOR AFFECTED MILITARY AGENCIES
CEQA imposes additional requirements to provide notice to potentially affected military
agencies when:
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(a) A "military service" (defined in Section 10.39 of these Local Guidelines) has provided
the City with its contact office and address and notified the City of the specific
boundaries of a "low -level flight path" (defined in Section 10.35 of these Local
Guidelines), "military impact zone" (defined in Section 10.38 of these Local Guidelines),
or "special use airspace" (defined in Section 10.60 of these Local Guidelines); and
(b) The project meets one of the following criteria:
(1) The project is within the boundaries specified pursuant to subsection (a) of
this guideline;
(2) The project includes a general plan amendment;
(3) The project is of statewide, regional, or areawide significance; or
(4) The project relates to a public use airport or certain lands surrounding a
public use airport.
When a project meets these requirements, the City must provide the military service's
designated contact with any Notice of Preparation, and /or Notice of Availability of Draft EIRs
that have been prepared for a project, unless the project involves the remediation of lands
contaminated with hazardous wastes and meets certain other requirements. See Public
Resources Code Sections 21080.4 and 21092 and Health and Safety Code Sections 25300, et
seq.; 25396; and 25187.
The City must provide the military service with sufficient notice of its intent to certify an
EIR to ensure that the military service has no fewer than thirty (30) days to review the document;
or forty -five (45) days to review the environmental documents before they are approved if the
documents have been submitted to the State Clearinghouse.
It should be noted that the effect, or potential effect, a project may have on military
activities does not itself constitute an adverse effect on the environment pursuant to CEQA.
7.05 PREPARATION OF DRAFT EIR.
The City as Lead Agency is responsible for preparing a Draft EIR and may begin
preparation immediately without awaiting responses to the Notice of Preparation. However,
information communicated to the City not later than thirty (30) days after receipt of the City's
Notice of Preparation shall be included in the Draft EIR.
7.06 CONSULTATION WITH OTHER AGENCIES AND PERSONS.
To expedite consultation in response to the Notice of Preparation, the City as Lead
Agency, a Responsible Agency, or a project applicant may request a meeting among the agencies
involved to assist the City in determining the scope and content of the environmental information
that agencies may require. For any project that may affect highways or other facilities under the
jurisdiction of the State Department of Transportation, the Department of Transportation can
request a scoping meeting. The City must convene the meeting as soon as possible but no later
than 30 days after the request.
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Prior to completion of the Draft EIR, the City shall consult with each Responsible
Agency and any public agency which has jurisdiction by law over the project. The City may
fulfill this obligation by distributing the Notice of Preparation in compliance with Local
Guidelines Section 7.03 and soliciting the comments of Responsible Agencies, Trustee Agencies,
and other affected agencies. The City may also consult with any individual who has special
expertise with respect to any environmental impacts involved with a project. The City may also
consult directly with any person or organization it believes will be concerned with the
environmental effects of the project, including any interested individuals and organizations of
which the City is reasonably aware. The purpose of this consultation is to "scope" the EIR's
range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be
prepared for a project, no scoping meeting need be held, although the City may hold one if it so
chooses. The City as Lead Agency may charge and collect from the applicant a fee not to exceed
the actual cost of the consultations.
In addition to soliciting comments on the Notice of Preparation, the City may be required
to conduct a scoping meeting to take additional input regarding the impacts to be analyzed in the
EIR. The City is required to conduct a scoping meeting when:
(a) The meeting is requested by a Responsible Agency, a Trustee Agency, the Office of
Planning and Research, or a project applicant;
(b) The project is one of "statewide, regional or areawide significance" as defined in State
Guidelines Section 15206; or
(c) The project may affect highways or other facilities under the jurisdiction of the State
Department of Transportation and the Department of Transportation has requested a
scoping meeting.
The City shall provide notice of the scoping meeting to all of the following:
(a) Any county or city that borders on a county or city within which the project is located,
unless the City has a specific agreement to the contrary with that county or city;
(b) Any Responsible Agency;
(c) Any public agency that has jurisdiction by law over the project;
(d) A transportation planning agency, or any public agency that has transportation facilities
within its jurisdiction, that could be affected by the project; and
(e) Any organization or individual who has filed a written request for the notice.
The requirement for providing notice of a scoping meeting may be met by including the
notice of the public scoping meeting in the public meeting notice.
For projects that are also subject to NEPA, a scoping meeting held pursuant to NEPA
satisfies the CEQA scoping requirement as long as notice is provided to the agencies and
individuals listed above, and in accordance with these Local Guidelines. (See Local Guideline
5.04 for a discussion of NEPA).
The City shall call the scoping meeting as soon as possible but not later than 30 days after
the meeting was requested.
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A Responsible Agency or other public agency shall only make comments regarding those
activities within its area of expertise or which are required to be carried out or approved by it.
These comments must be supported by specific documentation. Any mitigation measures
submitted to the City by a Responsible or Trustee Agency shall be limited to measures which
mitigate impacts to resources which are within the Responsible or Trustee Agency's authority.
For projects of statewide, areawide, or regional significance, consultation with
transportation planning agencies or with public agencies that have transportation facilities within
their jurisdictions shall be for the purpose of obtaining information concerning the project's
effect on major local arterials, public transit, freeways, highways, overpasses, on- ramps, off
ramps, and rail transit services. Any transportation planning agency or public agency that
provides information to the lead agency must be notified of, and provided with, copies of any
environmental documents relating to the project.
7.07 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE.
When the project involves the issuance of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies, the City, upon request of the applicant, shall
meet with the applicant regarding the range of actions, potential alternatives, mitigation measures
and significant effects to be analyzed in depth in the EIR. The City may also consult with
concerned persons identified by the applicant and persons who have made written requests to be
consulted. Such requests for early consultation must be made not later than thirty (30) days after
the City's decision to prepare an EIR.
7.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT
PROJECTS.
For certain development projects, cities and counties must consult with water agencies.
See Local Guidelines Section 5.15 for more information on these requirements.
7.09 AIRPORT LAND USE PLAN.
When the City prepares an EIR for a project within the boundaries of a comprehensive
airport land use plan or, if such a plan has not been adopted for a project within two (2) nautical
miles of a public airport or public use airport, the City shall utilize the Airport Land Use
Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation
of the EIR relative to potential airport or related safety hazards and noise problems.
7.10 GENERAL ASPECTS OF AN EIR.
Both a Draft and Final EIR must contain the information outlined in Local Guidelines
Section 7.14. Each element must be covered, and when elements are not separated into distinct
sections, the document must state where in the document each element is covered.
The body of the EIR shall include summarized technical data, maps, diagrams and similar
relevant information. Highly technical and specialized analyses and data should be included in
appendices. Appendices may be prepared in separate volumes, but must be equally available to
the public for examination. All documents used in preparation of the EIR must be referenced.
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An EIR shall not include "trade secrets," locations of archaeological sites and sacred lands, or
any other information subject to the disclosure restrictions of the Public Records Act
(Government Code Section 6250, et seq.).
The EIR should discuss environmental effects in proportion to their severity and
probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and
unlikely to occur need not be discussed.
The Initial Study should be used to focus the EIR so that the EIR identifies and discusses
only the specific environmental problems or aspects of the project which have been identified as
potentially significant or important. A copy of the Initial Study should be attached to the EIR or
included in the administrative record to provide a basis for limiting the impacts discussed.
The EIR shall contain a statement briefly indicating the reason for determining that
various effects of a project that could possibly be considered significant were not found to be
significant and consequently were not discussed in detail in the EIR. The City should also note
any conclusion by it that a particular impact is too speculative for evaluation.
The EIR should omit unnecessary descriptions of projects and emphasize feasible
mitigation measures and alternatives to projects.
7.11 USE OF REGISTERED CONSULTANTS IN PREPARING EIRs.
An EIR is not a technical document that can be prepared only by a registered consultant
or professional. However, state statutes may provide that only registered professionals can
prepare certain technical studies which will be used in or which will control the detailed design,
construction, or operation of the proposed project and which will be prepared in support of an
EIR.
7.12 INCORPORATION BY REFERENCE.
An EIR, or a Negative Declaration or Mitigated Negative Declaration, may incorporate
by reference all or portions of another document which is a matter of public record or is
generally available to the public. Any incorporated document shall be considered to be set forth
in full as part of the text of the environmental document. When all or part of another document
is incorporated by reference, that document shall be made available to the public for inspection at
the City's offices. The environmental document shall state where incorporated documents will
be available for inspection.
When incorporation by reference is used, the incorporated part of the referenced
document shall be briefly summarized, if possible, or briefly described if the data or information
cannot be summarized. The relationship between the incorporated document and the EIR,
Negative Declaration or Mitigated Negative Declaration shall be described. When information
from an environmental document that has previously been reviewed through the state review
system "State Clearinghouse is incorporated by the City, the state identification number of the
incorporated document should be included in the summary or text of the EIR.
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7.13 STANDARDS FOR ADEQUACY OF AN EIR.
An EIR should be prepared with a sufficient degree of analysis to provide decision
makers with information which enables them to make a decision which takes into account the
environmental consequences of the project. The evaluation of environmental effects need not be
exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be
written and presented in such a way that it can be understood by governmental decision makers
and members of the public. A good faith effort at completeness is necessary. The adequacy of
an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the
project at issue, the severity of its likely environmental impacts, and the geographic scope of the
project. CEQA does not require a Lead Agency to conduct every test or perform all research,
study, and experimentation recommended or demanded by commenters, but CEQA does require
the Lead Agency to make a good faith, reasoned response to timely comments raising significant
environmental issues.
There is no need to unreasonably delay adoption of an EIR in order to include results of
studies in progress, even if those studies will shed some additional light on subjects related to the
project.
7.14 FORM AND CONTENT OF EIR.
The text of the EIR should normally be less than 150 pages. For proposals of unusual
scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300
pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the
State Guidelines. In brief, the EIR must contain:
(a) A table of contents or an index.
(b) A brief summary of the proposed project, including each significant effect with proposed
mitigation measures and alternatives, areas of known controversy and issues to be
resolved including the choice among alternatives, how to mitigate the significant effects
and whether there are any significant and unavoidable impacts. (Generally, the summary
should be less than fifteen (15) pages.)
(c) A description of the proposed project, including its underlying purpose and a list of
permit and other approvals required to implement the project. (See Local Guidelines
Section 7.19 regarding analysis of future project expansion.)
(d) A description of the project's physical environmental conditions from both a local and
regional perspective at the time the Notice of Preparation is published, or if no Notice of
Preparation is published, at the time environmental analysis begins. (State Guidelines
Section 15125.) This environmental setting will normally constitute the baseline physical
conditions by which the City determines whether an impact is significant. However, the
City may choose any baseline that is appropriate as long as the City's choice of baseline
is supported by substantial evidence.
(e) A discussion of any inconsistencies between the proposed project and applicable general,
specific and regional plans. Such plans include, but are not limited to, the applicable air
quality attainment or maintenance plan or State Implementation Plan, areawide waste
treatment and water quality control plans, regional transportation plans, regional housing
allocation, regional blueprint plans, plans for the reduction of greenhouse gas emissions,
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(f)
(j)
habitat conservation plans, natural community conservation plans and regional land use
plans.
A description of the direct and indirect significant environmental impacts of the proposed
project explaining which, if any, can be avoided or mitigated to a level of insignificance,
indicating reasons that various possible significant effects were determined not to be
significant and denoting any significant effects which are unavoidable or could not be
mitigated to a level of insignificance. Direct and indirect significant effects shall be
clearly identified and described, giving due consideration to both short-term and long-
term effects.
Potentially significant energy implications of a project must be considered to the extent
relevant and applicable to the project. (See Local Guidelines Section 5.19.)
An analysis of a railge of alternatives to the proposed project which could feasibly attain
the project's objectives as discussed in Local Guidelines Section 7.18.
A description of any significant irreversible environmental changes which would be
involved in the proposed action should it be implemented if, and only if, the EIR is being
prepared in connection with:
(3)
An analysis of the growth- inducing impacts of the proposed action. The discussion
should include ways in which the project could foster economic or population growth, or
the construction of additional housing, either directly or indirectly, in the surrounding
environment. Growth- inducing impacts may include the estimated energy consumption of
growth induced by the project.
A discussion of any significant, reasonably anticipated future developments and the
cumulative effects of all proposed and anticipated action as discussed in Local Guidelines
Section 7.19.
In certain situations, a regional analysis should be completed for certain impacts, such as
air quality.
A discussion of any economic or social effects, to the extent that they cause or may be
used to determine significant environmental impacts.
A statement briefly indicating the reasons that various possible significant effects of a
project were determined not to be significant and, therefore, were not discussed in the
EIR.
The identity of all federal, state or local agencies or other organizations and private
individuals consulted in preparing the EIR, and the identity of the persons, firm or agency
preparing the EIR, by contract or other authorization. To the fullest extent possible, the
City should integrate CEQA review with these related environmental review and
consultation requirements.
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(1) The adoption, amendment, or enactment of a plan, policy, or ordinance of
a public agency;
(2) The adoption by a Local Agency Formation Commission of a resolution
making determinations; or
A project which will be subject to the requirement for preparing an
Environmental Impact Statement pursuant to the National Environmental
Policy Act.
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(p) A discussion of those potential effects of the proposed project on the environment which
the City has determined are or may be significant. The discussion on other effects may
be limited to a brief explanation as to why those effects are not potentially significant.
(q) A description of feasible measures, as set forth in Local Guidelines Section 7.17, which
could minimize significant adverse impacts.
7.15 CONSIDERATION AND DISCUSSION OF SIGNIFICANT ENVIRONMENTAL IMPACTS.
An EIR must identify and focus on the significant environmental effects of the proposed
project. In assessing the proposed project's potential impacts on the environment, the City
should normally limit its examination to comparing changes that would result from the project as
compared to the existing physical conditions in the affected area as they exist when the Notice of
Preparation is published. If a Notice of Preparation is not published for the project, the City
should compare the proposed project's potential impacts to the physical conditions that exist at
the time environmental review begins.
Direct and indirect significant effects of the project on the environment must be clearly
identified and described, considering both the short-term and long -term effects. The discussion
should include relevant specifics of the area, the resources involved, physical changes,
alterations to ecological systems, and changes induced in population distribution, population
concentration, the human use of the land (including commercial and residential development),
health and safety problems caused by the physical changes, and other aspects of the project that
may impact resources in the project area, such as water, historical resources, scenic quality, and
public services. The EIR must also analyze any significant environmental effects the project
might cause by bringing development and people into the area. If applicable, an EIR should also
evaluate the impacts of locating development in other areas susceptible to hazardous conditions
(e.g., floodplains, coastlines, wildfire risk areas) as identified on authoritative hazard maps, risk
assessments or in land use plans addressing such hazards areas.
The EIR must describe all significant impacts, including those which can be mitigated but
not reduced to a level of insignificance. Where there are impacts that cannot be alleviated
without imposing an alternative design, their implications and the reasons why the project is
being proposed, notwithstanding their effect, should be described.
The EIR must also discuss any significant irreversible environmental changes which
would be caused by the project. For example, use of nonrenewable resources during the initial
and continued phases of a project may be irreversible if a large commitment of such resources
makes removal or nonuse thereafter unlikely. The discussion of irreversible commitment of
resources may include a discussion of how the project preempts future energy development or
future energy conservation. Irretrievable commitments of resources to the proposed project
should be evaluated to assure that such current consumption is justified.
7.16 ANALYSIS OF CUMULATIVE IMPACTS.
An EIR must discuss cumulative impacts when the project's incremental effect is
"cumulatively considerable" as defined in Local Guidelines Section 10.12. When the City is
examining a project with an incremental effect that is not "cumulatively considerable," it need
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not consider that effect significant, but must briefly describe the basis for this conclusion. A
project's contribution may be less than cumulatively considerable if the project is required to
implement or fund its fair share of a mitigation measure designed to alleviate the cumulative
impact. When relying on a fee program or mitigation measure(s), the City must identify facts
and analysis supporting its conclusion that the cumulative impact is less than significant.
The City may determine that a project's incremental contribution to a cumulative effect is
not cumulatively considerable if the project will comply with the requirements in a previously
approved plan or mitigation program that provides specific requirements that will avoid or
substantially lessen the cumulative problem in the geographic area in which the project is
located. Such plans and programs may include, but are not limited to:
(1) Water quality control plans;
(2) Air quality attainment or maintenance plans;
(3) Integrated waste management plans;
(4) Habitat conservation plans;
(5) Natural community conservation plans; and /or
(6) Plans or regulations for the reduction of greenhouse gas emissions.
When relying on such a regulation, plan, or program, the City should explain how
implementing the particular requirements of the plan, regulation or program will ensure that the
project's incremental contribution to the cumulative effect is not cumulatively considerable.
A cumulative impact consists of an impact which is created as a result of the combination
of the project evaluated in the EIR together with other projects causing related impacts. An EIR
should not discuss impacts which do not result in part from the project evaluated in the EIR.
The discussion of cumulative impacts in an EIR must focus on the cumulative impact to
which the identified other projects contribute, rather than the attributes of other projects which
do not contribute to the cumulative impact. The discussion of significant cumulative impacts
must meet either of the following elements:
(1) A list of past, present, and probable future projects causing related or
cumulative impacts including, if necessary, those projects outside the
control of the City; or
(2) A summary of projections contained in an adopted local, regional or
statewide plan, or related planning document, that describes or evaluates
conditions contributing to the cumulative effect. Such plans may include:
a general plan, regional transportation plan, or a plan for the reduction of
greenhouse gas emissions. A summary of projections may also be
contained in an adopted or certified prior environmental document for
such a plan. Such projections may be supplemented with additional
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information such as a regional modeling program. Documents used in
creating a summary of projections must be referenced and made available
to the public.
When utilizing a list, as suggested above, factors to consider when determining whether
to include a related project should include the nature of each environmental resource being
examined and the location and type of project. Location may be important, for example, when
water quality impacts are involved since projects outside the watershed would probably not
contribute to a cumulative effect. Project type may be important, for example, when the impact
is specialized, such as a particular air pollutant or mode of traffic.
The City should define the geographic scope of the area affected by the cumulative effect
and provide a reasonable explanation for the geographic limitation used.
7.17 ANALYSIS OF MITIGATION MEASURES.
The discussion of mitigation measures in an EIR must distinguish between measures
proposed by project proponents and other measures proposed by Lead, Responsible or Trust
Agencies. This discussion shall identify mitigation measures for each significant environmental
effect identified in the EIR.
Where several measures are available to mitigate an impact, each should be disclosed and
the basis for selecting a particular measure should be identified. Formulation of mitigation
measures should not be deferred until some future time. However, measures may specify
performance standards which would mitigate the significant effects of the project and which may
be accomplished in more than one specified way.
If a mitigation measure would cause one or more significant effects in addition to those
that would be caused by the project as proposed, the effects of the mitigation measure shall be
disclosed but in less detail than the significant effects of the project itself.
If a project includes a housing development, the City may not reduce the project's
proposed number of housing units as a mitigation measure or project alternative if the City
determines that there is another feasible specific mitigation measure or project alternative that
would provide a comparable level of mitigation without reducing the number of housing units.
Mitigation measures must be fully enforceable through permit conditions, agreements, or
other legally binding instruments. In the case of the adoption of a plan, policy, regulating, or
other public project, mitigation measures can be incorporated into the plan, policy, regulation, or
project design. Mitigation measures must also be consistent with all applicable constitutional
requirements such as the "nexus" and "rough proportionality" standards.
Where maintenance, repair, stabilization, rehabilitation, restoration, preservation,
conservation or reconstruction of the historical resource will be conducted in a manner consistent
with the Secretary of the Interior's "Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings"
(1995), Weeks and Grimmer, the project's impact on the historical resource shall generally be
considered mitigated below a level of significance and thus not significant.
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The City should, whenever feasible, seek to avoid damaging effects on any historical
resource of an archaeological nature. The following factors must be considered and discussed in
an EIR for a project involving an archaeological site:
Preservation in place is the preferred manner of mitigating impacts to archaeological
sites.
Preservation in place may be accomplished by, but is not limited to, the following:
(1) Planning construction to avoid archaeological sites;
(2) Incorporation of sites within parks, green space, or other open spaces;
(3) Covering the archaeological sites with a layer of chemically stable soil
before building tennis courts, parking lots, or similar facilities on the site;
(4) Deeding the site into a permanent conservation easement.
When data recovery through excavation is the only feasible mitigation, a data recovery
plan, which makes provision for adequately recovering the scientifically consequential
information from and about the historical resource, shall be prepared and adopted prior to
excavation. Such studies must be deposited with the California Historical Resources Regional
Information Center.
(a)
(b)
Data recovery shall not be required for a historical resource if the City determines that
existing testing or studies have adequately recovered the scientifically consequential information
from and about the archaeological or historical resource, provided that the determination is
documented in the EIR and that the studies are deposited with the California Historical
Resources Regional Information Center.
7.18 ANALYSIS OF ALTERNATIVES IN AN EIR.
The alternatives analysis must describe and evaluate the comparative merits of a range of
reasonable alternatives to the project or to the location of the project which would feasibly attain
most of the basic objectives of the project, but which would avoid or substantially lessen any of
the significant effects of the project. An EIR need not consider every conceivable alternative to
a project, and it need not consider alternatives which are infeasible. Rather, it must consider a
reasonable range of potentially feasible alternatives that will foster informed decisionrnaking and
public participation.
Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid
the significant effects that a project may have on the environment. For this reason, a discussion
of alternatives must focus on alternatives to the project or its location which are capable of
avoiding or substantially lessening any significant effect of the project, even if these alternatives
would impede to some degree the attainment of the project objectives or would be more costly.
Selection of a Range of Reasonable Alternatives: The range of potential alternatives to
the proposed project shall include those that could feasibly accomplish most of the basic
purposes of the project and could avoid or substantially lessen one or more of the significant
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effects, even if those alternatives would be more costly or would impede to some degree the
attainment of the project's objectives. The EIR should briefly describe the rationale for selecting
the alternatives to be discussed. The EIR should also identify any alternatives that were
considered by the City and rejected as infeasible during the scoping process, and it should briefly
explain the reasons for rejecting those alternatives. Additional information explaining the choice
of alternatives should be included in the administrative record. Among the factors that may be
used to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most
of the basic project objectives; (b) infeasibility; or (c) inability to avoid significant environmental
impacts.
Evaluation of Alternatives: The EIR shall include sufficient information about each
alternative to allow meaningful evaluation, analysis and comparison with the proposed project.
A matrix displaying the major characteristics and significant environmental effects of each
alternative may be used to summarize the comparison. The matrix may also identify and
compare the extent to which each alternative meets project objectives. If an alternative would
cause one or more significant effects in addition to those that would be caused by the project as
proposed, the significant effects of the alternative shall be discussed but in less detail than the
significant effects of the project as proposed.
The Rule of Reason: The range of alternatives required in an EIR is governed by a "rule
of reason" which courts have held means that an alternatives discussion must be reasonable in
scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit
public participation, informed decisionmaking, and a reasoned choice. The alternatives shall be
limited to ones that would avoid or substantially lessen any of the significant effects of the
project. Of those alternatives, the EIR need examine in detail only the ones the City determines
could feasibly attain most of the basic objectives of the project. An EIR need not consider an
alternative whose effect cannot be reasonably ascertained and whose implementation is remote
and speculative.
Feasibility of Alternatives: The factors that may be taken into account when addressing
the feasibility of alternatives include: site suitability; economic viability; availability of
infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional
boundaries (projects with a regionally significant impact should consider the regional context);
and whether the proponent already owns the alternative site or can reasonably acquire, control or
otherwise have access to the site. No one factor establishes a fixed limit on the scope of
reasonable alternatives.
Alternative Locations: The first step in the alternative location analysis is to determine
whether any of the significant effects of the project could be avoided or substantially lessened by
putting the project in another location. This is the key question in this analysis. Only locations
that would avoid or substantially lessen any of the significant effects of the project need be
considered for inclusion in the EIR.
The second step in this analysis is to determine whether any of the alternative locations
are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its
reasons, and it should include them in the EIR. When a previous document has sufficiently
analyzed a range of reasonable alternative locations and environmental impacts for a project with
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the same basic purpose, the City should review the previous document and incorporate the
previous document by reference. To the extent the circumstances have remained substantially
the same with respect to an alternative, the EIR may rely on the previous document to help it
assess the feasibility of the potential project alternative.
The "No Project" Alternative: The specific alternative of "no project" must be
evaluated along with its impacts. The purpose of describing and analyzing the no project
alternative is to allow decision makers to compare the impacts of approving the proposed project
with the impacts of not approving the proposed project. The no project alternative may be
different from the baseline environmental conditions. The no project alternative will be the same
as the baseline only if it is identical to the existing environmental setting and the City has chosen
the existing environmental setting as the baseline.
A discussion of the "no project" alternative should proceed along one of two lines:
(a) When the project is the revision of an existing land use or regulatory plan, policy or
ongoing operation, the "no project" alternative will be the continuation of the existing
plan, policy or operation into the future. Typically, this is a situation where other projects
initiated under the existing plan will continue while the new plan is developed. Thus, the
projected impacts of the proposed plan or alternative plans would be compared to the
impacts that would occur under the existing plan; or
(b) If the project is other than a land use or regulatory plan, for example a development
project on identifiable property, the "no project" alternative is the circumstance under
which the project does not proceed. This discussion would compare the environmental
effects of the property remaining in its existing state against environmental effects which
would occur if the project is approved. If disapproval of the project would result in
predictable actions by others, such as the proposal of some other project, this "no project"
consequence should be discussed.
After defining the "no project" alternative, the City should proceed to analyze the impacts
of the "no project" alternative by projecting what would reasonably be expected to occur in the
foreseeable future if the project were not approved, based on current plans and consistent with
available infrastructure and community services. If the "no project" alternative is the
environmentally superior alternative, the EIR must also identify another environmentally
superior alternative among the remaining alternatives.
Remote or Speculative Alternatives: An EIR need not consider an alternative whose
effect cannot be reasonably ascertained and whose implementation is remote and speculative.
7.19 ANALYSIS OF FUTURE EXPANSION.
An EIR must include an analysis of the environmental effects of future expansion (or
other similar future modifications) if there is credible and substantial evidence that:
(a)
(b)
The future expansion or action is a reasonably foreseeable consequence of the initial
project; and
The future expansion or action is likely to change the scope or nature of the initial project
or its environmental effects.
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Absent these two circumstances, future expansion of a project need not be discussed.
CEQA does not require speculative discussion of future development which is unspecific or
uncertain. However, if future action is not considered now, it must be considered and
environmentally evaluated before it is actually implemented.
7.20 NOTICE OF COMPLETION OF DRAFT EIR; NOTICE OF AVAILABILITY OF DRAFT EIR.
Notice of Completion. When the Draft EIR is completed, a Notice of Completion (Form
"H must be filed with the Office of Planning and Research in a printed hard copy or in
electronic form on a diskette or by electronic mail transmission. The Notice shall contain:
(a) A brief description of the proposed project,
(b) The location of the proposed project including the proposed project's latitude and
longitude;
(c) An address where copies of the Draft EIR are available; and
(d) The review period during which comments will be received on the Draft EIR.
The Office of Planning and Research has developed a model form Notice of Completion.
Form H follows OPR's model. To ensure that the documents are accepted by OPR staff, this
form should be used when documents are transmitted to OPR.
Notice of Availability. At the same time it sends a Notice of Completion to the Office of
Planning and Research, the City shall provide public notice of the availability of the Draft EIR
by distributing a Notice of Availability of Draft EIR (Form "K The Notice of Availability
shall include at least the following information:
(a) A brief description of the proposed project and its location;
(b) The starting and ending dates for the review period, and whether the review period has
been shortened;
(c) The date, time, and place of any scheduled public meetings or hearings to be held by the
City on the proposed project, if the City knows this information when it prepares the
Notice;
(d) A list of the significant environmental effects anticipated as a result of the project;
(e) The address where copies of the EIR and all documents referenced in the EIR will be
available for public review. This location shall be readily accessible to the public during
the City's normal working hours; and
(f) A statement indicating whether the project site is included on any list of hazardous waste
facilities, land designated as hazardous waste property, or hazardous waste disposal site,
and, if so, the information required in the Hazardous Waste and Substances Statement
pursuant to Government Code Section 65962.5.
(a)
(b)
The Notice of Availability shall be provided to:
ENVIRONMENTAL IMPACT REPORT
Each Responsible and Trustee Agency;
Any other federal, state, or local agency which has jurisdiction by law or exercises
authority over resources affected by the project, including:
(1) Any water supply agency consulted under Local Guidelines Section 5.15;
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(2) Any city or county bordering on the project area;
(3) For a project of statewide, regional, or areawide significance, to any
transportation agencies or public agencies which have major local arterials
or public transit facilities within five (5) miles of the project site or
freeways, highways, or rail transit service within ten (10) miles of the
project site which could be affected by the project;
(4) For a subdivision project located within one mile of a facility of the State
Water Resources Development System, to the California Department of
Water Resources; and
For a general plan amendment, a project of statewide, regional, or
areawide significance, or a project that relates to a public use airport, to
any "military service" (defined in Section 10.39 of these Local
Guidelines) that has provided the City with its contact office and address
and notified the City of the specific boundaries of a "low -level flight path"
(defined in Section 10.35 of these Local Guidelines), "military impact
zone" (defined in Section 10.38 of these Local Guidelines), or "special use
airspace" (defined in Section 10.60 of these Local Guidelines.
(c) The last known name and address of all organizations and individuals who have
previously filed a written request with the City to receive these Notices;
(d) For certain projects that may impact a low -level flight path, military impact zone, or
special use airspace and that meet the other criteria of Local Guidelines Section 7.04 to
the specified military services contact;
(e) For certain projects that involve the construction or alteration of a facility anticipated to
emit hazardous air emissions or handle hazardous substances within one quarter mile of a
school and that meet the other requirements of Local Guidelines Section 7.31, to any
potentially affected school district;
(f) For certain waste burning projects that meet the requirements of Local Guidelines
Section 5.10 (See also Local Guidelines Section 7.22), to the owners and occupants of
property within one fourth mile of any parcel on which the project will be located; and
(g) For a project that establishes or amends a redevelopment plan that contains land in
agricultural use, notice and a copy of the Draft EIR shall be provided to the agricultural
and farm agencies and organizations specified in Health and Safety Code Section
33333.3.
(5)
The City may require requests for copies of these Notices to be renewed annually and
may charge a fee for the reasonable cost of providing this service. A project will not be
invalidated due to a failure to send a requested Notice provided there has been substantial
compliance with these notice provisions.
Staff may also consult with and obtain comments from any person known to have special
expertise or any other person or organization whose comments relative to the Draft EIR would
be desirable.
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In addition, notice shall be given to the public by at least one of the following procedures:
(a) Publication of the Notice of Completion and /or the Notice of Availability at least once in
a newspaper of general circulation in the area affected by the proposed project. If more
than one area will be affected, the notice shall be published in the newspaper of largest
circulation from among the newspapers of general circulation in those areas;
(b) Posting of the Notice of Completion and/or the Notice of Availability on and off site in
the area where the project is to be located; or
(c) Direct mailing of the Notice of Completion and/or the Notice of Availability to owners
and occupants of property contiguous to the project, as identified on the latest equalized
assessment roll.
The Notice of Completion and Notice of Availability shall be posted in the office of the
Clerk in each county in which the project is located for at least thirty (30) days. If the public
review period for the Draft EIR is longer than thirty (30) days, the City may wish to leave the
Notice posted until the public review period for the Draft EIR has expired.
Copies of the Draft EIR shall also be made available at the City office for review by
members of the general public. The City may require any person obtaining a copy of the Draft
EIR to reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should
also be furnished to appropriate public library systems.
The City is encouraged to make copies of filed notices available in electronic format on
the Internet. Such electronic postings are in addition to the procedures required by the CEQA
Guidelines and the Public Resources Code.
7.21 SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE.
A Draft EIR must be submitted to the State Clearinghouse for review by state agencies in
the following situations:
(a) A state agency is the Lead Agency for the Draft EIR;
(b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by
law over resources potentially affected by the project; or
(c) The Draft EIR is for a project identified in State Guidelines Section 15206 as being a
project of statewide, regional, or areawide significance.
State Guidelines Section 15206 identifies the following types of projects as being
examples of projects of statewide, regional, or areawide significance which require submission to
the State Clearinghouse for circulation:
(1) General plans, elements, or amendments for which an EIR was prepared.
(2) Projects which have the potential for causing significant environmental
effects beyond the city or county where the project would be located, such
as:
(a) Residential development of more than 500 units.
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(3)
(5)
Projects which would affect sensitive wildlife habitats or the habitats of
any rare, threatened, or endangered species.
(6) Projects which would interfere with water quality standards.
(7) Projects which would provide housing, jobs, or occupancy for 500 or more
people within 10 miles of a nuclear power plant.
A Draft EIR may be submitted to the State Clearinghouse when a state agency has special
expertise with regard to the environmental impacts involved.
When the Draft EIR will be reviewed through the State review process handled by the
State Clearinghouse, a Notice of Completion (Form "H should be used as a cover sheet. If the
City uses the State Clearinghouse's online process to submit the Notice of Completion form, the
form generated on the Internet site satisfies the State Clearinghouse's requirements.
A sufficient number of copies of the documents must be sent to the State Clearinghouse
for circulation. Staff should contact the State Clearinghouse to find out the correct number of
printed copies required for circulation. In addition to the printed copies, a copy of the documents
in electronic format shall be submitted on a diskette or by electronic mail transmission if
available.
Alternatively, the City may provide copies of draft environmental documents to the State
Clearinghouse for state agency review in an electronic format. The document must be on a CD-
2010 City of Arcadia Local Guidelines
(b) Commercial projects employing more than 1,000 persons or
covering more than 500,000 square feet of floor space.
(c) Office building projects employing more than 1,000 persons or
covering more than 250,000 square feet of floor space.
(d) Hotel or motel development of more than 500 rooms.
(e) Industrial projects housing more than 1,000 persons, occupying
more than 40 acres of land, or covering more than 650,000 square
feet of floor area.
Projects for the cancellation of a Williamson Act contract covering more
than 100 acres.
(4) Projects in one of the following Environmentally Sensitive Areas:
(a) Lake Tahoe Basin.
(b) Santa Monica Mountains Zone.
(c) Sacramento -San Joaquin River Delta.
(d) Suisun Marsh.
(e) Coastal Zone, as defined by the California Coastal Act.
(f) Areas within one quarter mile of a river designated as wild and
scenic.
(g) Areas within the jurisdiction of the San Francisco Bay
Conservation and Development Commission.
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ROM in a common file format such as Word or Acrobat. Lead Agencies must provide fifteen
(15) copies of the CD -ROM to the State Clearinghouse. In addition, each CD -ROM must be
accompanied by 15 printed copies of the DEIR summary (as described in Local Guidelines
Section 6.08), executive summary, or introduction section. The summary allows both the State
Clearinghouse and the various agency CEQA coordinators to distribute the documents quickly
without the use of a computer.
Submission of the Draft EIR to the State Clearinghouse affects the timing of the public
review period as set forth in Local Guidelines Section 7.23.
7.22 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS.
For any waste burning project, as defined in Local Guidelines Section 5.10, in addition to
the notice requirements specified in Local Guidelines Sections 7.20 and 7.21, Notice of
Availability of the Draft EIR shall be given by direct mailing or any other method calculated to
provide delivery of the notice to the owners and occupants of property within one fourth mile of
any parcel or parcels on which the project is located.
7.23 TIME FOR REVIEW OF DRAFT EIR; FAILURE TO COMMENT
A period of between thirty (30) and sixty (60) days from the filing of the Notice of
Completion of the Draft EIR shall be allowed for review of and comment on the Draft EIR,
except in unusual situations. When a draft EIR is submitted to the State Clearinghouse for
review by state agencies, the public review period shall be at least forty -five (45) days, unless a
shorter period is approved by the State Clearinghouse as discussed below.
If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State
Clearinghouse, the public review period shall be at least as long as the review period established
by the State Clearinghouse. The public review period and the state agency review period may,
but are not required to, begin and end at the same time. The state agency review period begins
(day one) on the date that the State Clearinghouse distributes the Draft EIR to state agencies.
The State Clearinghouse is required to distribute the Draft EIR to state agencies within three (3)
working days from the date the State Clearinghouse receives the document, as long as the Draft
EIR is complete when submitted to the State Clearinghouse. If the document submitted to the
State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The
review period for the public and all other agencies may run concurrently with the state agency
review period established by the State Clearinghouse.
A shorter review period of the Draft EIR by the State Clearinghouse can be requested by
the City; however, a shortened review period shall not be less than thirty (30) days for a Draft
EIR. Any request for a shortened review period must be made in writing by the City to the
Office of Planning and Research. The City may designate a person to make these requests. The
City must contact all responsible and trustee agencies and obtain their agreement prior to
obtaining a shortened review period.
A shortened review period is not available for any proposed project of statewide, regional
or areawide environmental significance as determined pursuant to State Guidelines Section
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15206. Any approval of a shortened review period shall be given prior to, and reflected in, the
public notices.
In the event a public agency, group, or person whose comments on a Draft EIR are
solicited fails to comment within the required time period, it shall be presumed that such agency,
group, or person has no comment to make, unless the Lead Agency has received a written
request for a specific extension of time for review and comment and a statement of reasons for
the request.
Continued planning activities concerning the proposed project, short of formal approval,
may continue during the period set aside for review and comment on the Draft EIR.
7.24 PUBLIC HEARING ON DRAFT EIR.
CEQA does not require formal public hearings for certification of an EIR; public
comments may be restricted to written communications. (However, a hearing is required to
utilize the limited exemption for Transit Priority Projects as explained in Local Guidelines
Section 3.15.) However, if the City provides a public hearing on its consideration of a project,
the City should include the project's environmental review documents as one of the subjects of
the hearing. Notice of the time and place of the hearing shall be given in a timely manner in
accordance with any legal requirements applicable to the proposed project. Generally, the
requirements of the Ralph M. Brown Act will provide the minimum requirements for the
inclusion of CEQA matters on agendas and at hearings. (Gov. Code, 54950 et seq.) At a
minimum, agendas for meetings and hearings before commissions, boards, councils, and other
agencies must be posted in a location that is freely accessible to members of the public at least
seventy -two (72) hours prior to a regular meeting. The agenda must contain a brief general
description of each item to be discussed and the time and location of the meeting. (Gov. Code,
54954.2.)
7.25 RESPONSE TO COMMENTS ON DRAFT EIR.
The City as Lead Agency shall evaluate any comments on environmental issues received
during the public review period for the Draft EIR and shall prepare a written response to those
comments that raise significant environmental issues. As stated below, the City should also
consider evaluating and responding to any comments received after the public review period.
The written responses shall describe the disposition of any significant environmental issues that
are raised in the comments. The responses may take the form of a revision of the Draft EIR, an
attachment to the Draft EIR, or some other oral or written response which is adequate under the
circumstances. If the City's position is at variance with specific recommendations or suggestions
raised in the comment, the City's response must detail the reasons why such recommendations or
suggestions were not accepted. Moreover, the City shall respond to any specific suggestions for
project alternatives or mitigation measures for significant impacts, unless such alternatives or
mitigation measures are facially infeasible. The response shall contain recommendations, when
appropriate, to alter the project as described in the Draft EIR as a result of an analysis of the
comments received.
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At least ten (10) days prior to certifying a Final EIR, the City shall provide its proposed
written response to any public agency which has made comments on the Draft EIR during the
public review period. The City is not required to respond to comments received after the public
review period. However, the City should consider responding to all comments if it will not delay
action on the Final EIR, since any comment received before final action on the EIR can form the
basis of a legal challenge. A written response that addresses the comment or adequately explains
the City's action in light of the comment may assist the City in defending against a legal
challenge.
7.26 PREPARATION AND CONTENTS OF FINAL EIR.
Following the receipt of any comments on the Draft EIR as required herein, such
comments shall be evaluated by Staff and a Final EIR shall be prepared.
The Final EIR shall meet all requirements of Local Guidelines Section 7.14 and shall
consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in
summary the comments and recommendations received through the review and consultation
process, a list of persons, organizations and public agencies commenting on the Draft, and a
section containing the responses of the City to the significant environmental points raised in the
review and consultation process.
7.27 RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR.
When significant new information is added to the EIR after notice and consultation but
before certification, the Lead Agency must recirculate the Draft EIR for another public review
period. The term "information" can include changes in the project or environmental setting as
well as additional data or other information.
New information is significant only when the EIR is changed in a way that would deprive
the public of a meaningful opportunity to comment upon a substantial adverse environmental
effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible
project alternative, that the project proponents decline to implement. Recirculation is required,
for example, when:
(1) New information added to an EIR discloses:
(a) A new significant environmental impact resulting from the project
or from a new mitigation measure proposed to be implemented;
(b) A significant increase in the severity of an environmental impact
(unless mitigation measures are also adopted that reduce the
impact to a level of insignificance); or
(c) A feasible project alternative or mitigation measure that clearly
would lessen the significant environmental impacts of the project,
but which the project proponents decline to adopt; or
(2) The Draft EIR is so fundamentally and basically inadequate and
conclusory in nature that meaningful public review and comment were
precluded.
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Recirculation is not required when the new information added to the EIR merely clarifies
or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to
a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters
or portions that have been modified. A decision to not recirculate an EIR must be supported by
substantial evidence in the record.
When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation
(Form "M to every agency, person, or organization that commented on the prior Draft EIR.
The Notice of Recirculation must indicate whether new comments must be submitted and
whether the City has exercised its discretion to require reviewers to limit their comments to the
revised chapters or portions of the recirculated EIR. The City shall also consult again with those
persons contacted pursuant to Local Guidelites Section 7.20 before Fertifying the EIR. When
the EIR is substantially revised and the entire EIR is recirculated, the City may require that
reviewers submit new comments and need not respond to those comments received during the
earlier circulation period. In those cases, the City should advise reviewers that, although their
previous comments remain part of the administrative record, the final EIR will not provide a
written response to those comments, and new comments on the revised EIR must be submitted.
The City need only respond to those comments submitted in response to the revised EIR.
When the EIR is revised only in part and the City is recirculating only the revised
chapters or portions of the EIR, the City may request that reviewers limit their comments to the
revised chapters or portions. The City need only respond to: (1) comments received during the
initial circulation period that relate to chapters or portions of the document that were not revised
and recirculated, and (2) comments received during the recirculation period that relate to the
chapters or portions of the earlier EIR that were revised and recirculated.
When recirculating a revised EIR, either in whole or in part, the City must, in the revised
EIR or by an attachment to the revised EIR, summarize the revisions made to the previously
circulated draft EIR.
7.28 CERTIFICATION OF FINAL EIR.
Following the preparation of the Final EIR, Staff shall review the Final EIR and make a
recommendation to the decisionmaking body regarding whether the Final EIR has been
completed in compliance with CEQA, the State Guidelines and the City's Guidelines. The Final
EIR and Staff recommendation shall then be presented to the decisionmaking body. The
decisionmaking body shall independently review and consider the information contained in the
Final EIR and determine whether the Final EIR reflects its independent judgment. Before it
approves the project, the decisionmaking body must certify and find that: (1) the Final EIR has
been completed in compliance with CEQA, the State Guidelines and the City's Guidelines; (2)
the Final EIR was presented to the decisionmaking body and the decisionmaking body reviewed
and considered the information contained in the Final EIR before approving the project; and (3)
the Final EIR reflects the City's independent judgment and analysis.
Except in those cases in which the City Council is the final decisionmaking body for the
project, any interested person may appeal the certification or denial of certification of a Final
EIR to the City Council. Appeals must follow the procedures prescribed by the City.
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7.29 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT.
Once the decisionmaking body has certified the EIR, it may then proceed to consider the
proposed project for purposes of approval or disapproval.
7.30 FINDINGS.
The decisionmaking body shall not approve or carry out a project if a completed EIR
identifies one or more significant environmental effects of the project unless it makes one or
more of the following written findings for each such significant effect, accompanied by a brief
explanation of the rationale supporting each finding. For impacts that have been identified as
potentially significant, the possible findings are:
(a) Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment as identified in the Final EIR,
such that the impact has been reduced to a less than- significant level.
(b) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the City. Such changes have been, or can and should be, adopted by that
other agency.
(c) Specific economic, legal, social, technological or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or alternatives identified in the Final EIR. The
decisionmaking body must make specific written findings stating why it has rejected an
alternative to the project as infeasible.
The findings required by this Section shall be supported by substantial evidence in the
record. Measures identified and relied on to mitigate environmental impacts identified in the
EIR to below a level of significance should be expressly adopted or rejected in the findings. The
findings should include a description of the specific reasons for rejecting any mitigation
measures or project alternatives identified in the EIR that would reduce the significant impacts of
the project. Any mitigation measures that are adopted must be fully enforceable through permit
conditions, agreements, or other measures.
If any of the proposed alternatives could avoid or lessen an adverse impact for which no
mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If
the project is to be approved without including such alternative(s), the City shall find that
specific economic, legal, social, technological or other considerations, including considerations
for the provision of employment opportunities for highly trained workers, make infeasible the
alternatives identified in the Final EIR and shall list such considerations before such approval.
The decisionmaking body shall not approve or carry out a project as proposed unless: (1)
the project as approved will not have a significant effect on the environment; or (2) its significant
environmental effects have been eliminated or substantially lessened (as determined through one
or more of the findings indicated above), and any remaining unavoidable significant effects have
been found acceptable because of facts and circumstances described in a Statement of Overriding
Considerations (see Local Guidelines Section 7.32). Statements in the Draft EIR or comments
on the Draft EIR are not determinative of whether the project will have significant effects.
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When making the findings required by this Section, the City as Lead Agency shall
specify the location and custodian of the documents or other material which constitute the record
of proceedings upon which it based its decision.
7.31 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS Am
EMISSIONS NEAR SCHOOLS.
Special procedural rules apply to projects involving the construction or alteration of a
facility within one quarter mile of a school when: (1) the facility might reasonably be
anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a
mixture containing extremely hazardous substances in a quantity equal to or greater than the
threshold specified in Health and Safety Code Section 25532(j); and (2) the emissions or
substances may pose a health or safety hazard to persons who would attend or would be
employed at the school. If the project meets both of those criteria, the City may not certify an
EIR or approve a Negative Declaration unless it makes a finding that:
(a) The City, as Lead Agency, consulted with the affected school district or districts having
jurisdiction over the school regarding the potential impact of the project on the school;
and
(b) The school district was given written notification of the project not less than thirty (30)
days prior to the proposed certification of the EIR or approval of the Negative
Declaration.
Implementation of this Local Guideline shall be consistent with the definitions and terms
utilized in State Guidelines section 15186.
Additionally, in its role as a Responsible Agency, the City should be aware that for
projects involving the acquisition of a school site or the construction of a secondary or
elementary school by a school district, the negative declaration or EIR prepared for the project
may not be adopted or certified unless there is sufficient information in the entire record to
determine whether any boundary of the school site is within 500 feet of the edge of the closest
traffic lane of a freeway or other busy traffic corridor.
If it is determined that the project involves the acquisition of a school site that is within
500 feet of the edge of the closest traffic lane of a freeway, or other busy traffic corridor, the
Negative Declaration or EIR may not be adopted or certified unless the school board determines,
through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code
and after considering any potential mitigation measures, that the air quality at the proposed
project site does not present a significant health risk to pupils.
7.32 STATEMENT OF OVERRIDING CONSIDERATIONS.
Before a project that has unmitigated significant adverse environmental effects can be
approved, the decisionmaking body must adopt a Statement of Overriding Considerations. If the
decisionmaking body finds in the Statement of Overriding Considerations that specific benefits
of a proposed project outweigh the unavoidable adverse environmental effects, the adverse
environmental effects may be considered "acceptable."
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Accordingly, the Statement of Overriding Considerations allows the decisionmaking
body to approve a project despite one or more unmitigated significant environmental impacts
identified in the Final EIR. A Statement of Overriding Considerations can be made only if
feasible project alternatives or mitigation measures do not exist to reduce the environmental
impact(s) to a level of insignificance and the benefits of the project outweigh the adverse
environmental effect(s). The feasibility of project alternatives or mitigation measures is
determined by whether the project alternative or mitigation measure can be accomplished within
a reasonable period of time, taking into account economic, environmental, social, legal and
technological factors.
Project benefits which are appropriate to consider in the Statement of Overriding
Considerations include the economic, legal, environmental, technological and social value of the
project. The City may also consider region -wide or statewide environmental benefits.
Substantial evidence in the entire record must justify the decisionmaking body's findings
and its use of the Statement of Overriding Considerations. If the decisionmaking body makes a
Statement of Overriding Considerations, the Statement must be included in the record of the
project approval and it should be referenced in the Notice of Determination.
7.33 MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR.
When making findings regarding an EIR, the City must do all of the following:
(a) Adopt a reporting or monitoring program to assure that mitigation measures which are
required to mitigate or avoid significant effects on the environment will be implemented
by the project proponent or other responsible party in a timely manner, in accordance
with conditions of project approval;
(b) Make sure all conditions and mitigation measures are feasible and fully enforceable
through permit conditions, agreements, or other measures. Such permit conditions,
agreements, and measures must be consistent with applicable constitutional requirements
such as the "nexus" and "rough proportionality" standards established by caselaw; and
(c) Specify the location and the custodian of the documents which constitute the record of
proceedings upon which the City based its decision in the resolution certifying the EIR.
There is no requirement that the reporting or monitoring program be circulated for public
review; however, the City may choose to circulate it for public comments along with the Draft
EIR. Any mitigation measures required to mitigate or avoid significant effects on the
environment shall be adopted and made fully enforceable, such as by being imposed as
conditions of project approval.
The adequacy of a mitigation monitoring program is determined by the "rule of reason."
This means that a mitigation monitoring program does not need to provide every imaginable
measure. It needs only to provide measures that are reasonably feasible and that are necessary to
avoid significant impacts or to reduce the severity of impacts to a less than- significant level.
The mitigation monitoring or reporting program shall be designed to assure compliance
with the mitigation measures during the implementation and construction of the project. If a
Responsible Agency or Trustee Agency has required that certain conditions be incorporated into
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the project, the City may request that agency to prepare and submit a proposed reporting or
monitoring program. The City shall also require that, prior to the close of the public review
period for a Draft EIR, the Responsible or Trustee Agency submit detailed performance
objectives for mitigation measures, or refer the City to appropriate, readily available guidelines
or reference documents. Any mitigation measures submitted to the City by a Responsible or
Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the
Responsible or Trustee Agency's authority.
When a project is of statewide, regional, or areawide significance, any transportation
information resulting from the reporting or monitoring program required to be adopted by the
City shall be submitted to the regional transportation planning agency where the project is
located and to the Department of Transportation. The transportation planning agency and the
Department of Transportation are required by law to adopt guidelines for the submittal of these
reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines.
Local agencies have the authority to levy fees sufficient to pay for this program.
Therefore, the City may impose a program to charge project proponents fees to cover actual costs
of program processing and implementation.
The City may delegate reporting or monitoring responsibilities to an agency or to a
private entity which accepts the delegation; however, until mitigation measures have been
completed, the City remains responsible for ensuring that implementation of the mitigation
measures occurs in accordance with the program.
The City may choose whether its program will monitor mitigation, report on mitigation,
or both. "Reporting" is defined as a written compliance review that is presented to the City
Council or an authorized staff person. A report may be required at various stages during project
implementation or upon completion of the mitigation measure. Reporting is suited to projects
which have readily measurable or quantitative mitigation measures or which already involve
regular review. "Monitoring" is generally an ongoing or periodic process of project oversight.
Monitoring is suited to projects with complex mitigation measures which may exceed the
expertise of the City to oversee, are expected to be implemented over a period of time, or require
careful implementation to assure compliance.
At its discretion, the City may adopt standardized policies and requirements to guide
individually adopted programs.
Standardized policies or requirements for monitoring and reporting may describe, but are
not limited to:
(a) The relative responsibilities of various departments within the City for various aspects of
the program;
(b) The responsibilities of the project proponent;
(c) Guidelines adopted by the City to govern preparation of programs;
(d) General standards for determining project compliance with the mitigation measures and
related conditions of approval;
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(e)
(f)
Enforcement procedures for noncompliance, including provisions for administrative
appeal;
Process for informing the City Council and staff of the relative success of mitigation
measures and using those results to improve future mitigation measures;
When a project is of statewide, regional, or areawide importance, any transportation
information generated by a mitigation monitoring or reporting program must be submitted to the
transportation planning agency in the region where the project is located, as well as to the
Department of Transportation.
7.34 NOTICE OF DETERMINATION.
After approval of a project for which the City is the Lead Agency, Staff shall cause a
Notice of Determination (Form "F to be prepared, filed, and posted. The Notice of
Determination shall include the following information:
(a) An identification of the project, including its common name, where possible, and its
location;
(b) A brief description of the project;
(c) The date when the City approved the project;
(d) Whether the project in its approved form with mitigation will have a significant effect on
the environment;
(e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA;
(f) Whether mitigation measures were made a condition of the approval of the project;
(g) Whether findings and/or a Statement of Overriding Considerations was adopted for the
project; and
(h) The address where a copy of the EIR (with comments and responses) and the record of
project approval may be examined by the general public.
The Notice of Determination shall be filed with the Clerk of each county in which the
project will be located within five (5) working days of project approval. (To determine the fees
that must be paid with the filing of the Notice of Determination, see Local Guidelines Section
7.37 and the Staff Summary of the CEQA Process.) The County Clerk is required to post the
Notice of Determination within twenty -four (24) hours of receipt. The Notice must be posted in
the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the
notice to the City with a notation of the period it was posted. The City shall retain the notice for
not less than twelve (12) months.
Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall
cause a copy of such Notice to be posted at City Hall. If the project requires discretionary
approval from a state agency, the Notice of Determination shall also be filed with the Office of
Planning and Research within five (5) working days of project approval, along with proof that
the City has paid the County Clerk the California Department of Fish and Game fee or a
completed form from DFG documenting DFG's determination that the project will have no
effect on fish and wildlife.
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When a request is made for a copy of the Notice prior to the date on which the City
approves the project, the copy must be mailed, first class postage prepaid, within five (5) days of
the City's approval. If such a request is made following the City's approval of the project, then
the copy should be mailed in the same manner as soon as possible. The recipients of such
documents may be charged a fee reasonably related to the cost of providing the service.
The City is also encouraged to make copies of filed notices available in electronic format
on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA
Guidelines and the Public Resources Code.
For projects with more than one phase, Staff shall file a Notice of Determination for each
phase requiring a discrgtionary approval. The filing and posting of a Notice of Determination
with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty
(30) day statute of limitations on court challenges to the approval under CEQA. When separate
notices are filed for successive phases of the same overall project, the thirty (30) day statute of
limitation to challenge the subsequent phase begins to run when the second notice is filed.
Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations.
7.35 DISPOSITION OF A FINAL EIR.
The City shall file a copy of the Final EIR with the appropriate planning agency of any
city or county where significant effects on the environment may occur. The City shall also retain
one or more copies of the Final EIR as a public record for a reasonable period of time. Finally,
for private projects, the City may require that the project applicant provide a copy of the certified
Final EIR to each Responsible Agency.
7.36 PRIVATE PROJECT COSTS.
For private projects, the person or entity proposing to carry out the project shall be
charged a reasonable fee to recover the estimated costs incurred by the City in preparing,
circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto.
7.37 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES.
At the time a Notice of Determination for an EIR is filed with the County or Counties in
which the project is located, a fee of $2,792.25 shall be paid to the Clerk for projects which will
adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of
DFG.
Only one filing fee is required for each project unless the project is tiered or phased and
separate environmental documents are prepared. For projects where Responsible Agencies file
separate Notices of Determination, only the Lead Agency is required to pay the fee.
Note: County Clerks are authorized to charge a documentary handling fee of up to
$50.00 for each project in addition to the Fish and Game fees specified above. Refer to the Index
in the Staff Summary to help determine the correct total amount of fees applicable to the project.
For private projects, the City should pass these costs on to the project applicant.
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No fees are required for projects with "no effect" on fish or wildlife resources or for
certain projects undertaken by the DFG and implemented through a contract with a non -profit
entity or local government agency. See Local Guidelines Section 6.21 for more information
regarding a "no effect" determination.
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8.01 EIRs GENERALLY.
This chapter describes a number of examples of various EIRs tailored to different
situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of
these Local Guidelines.
8.02 TIERING.
"Tiering" refers to using the analysis of general matters contained in a previously
certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The
later EIR oar Negative Declaration may incorporate by reference the general discussions from the
broader EIR and may concentrate solely on the issues specific to the later project.
An Initial Study shall be prepared for the later project and used to determine whether a
previously certified EIR may be used and whether new significant effects should be examined.
Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant
environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or
Negative Declaration. However, the level of detail contained in a first -tier EIR need not be
greater than that of the program, plan, policy, or ordinance being analyzed. When the City is
using the tiering process in connection with an EIR for a large -scale planning approval, such as a
general plan or component thereof (e.g., an area plan, specific plan or community plan), the
development of detailed, site specific information may not be feasible. Such site- specific
information can be deferred, in many instances, until such time as the City prepares a future
environmental document in connection with a project of a more limited geographical scale, as
long as deferral does not prevent adequate identification of significant effects of the planning
approval at hand.
When assessing whether there is a new significant cumulative effect for purposes of a
subsequent tier environmental document, the City shall consider whether the incremental effects
of the project would be considerable when viewed in the context of past, present, and probable
future projects.
The City may use only a valid CEQA document as a first -tier document. Accordingly,
the City should carefully review the first -tier environmental document to determine whether or
not the statute of limitations for challenging the document has run. If the statute of limitations
has not expired, the City should use the first -tier document with caution and pay careful attention
to the legal status of the document. If the first -tier document is subsequently invalidated, any
later environmental document may also be defective.
8.03 PROJECT EIR.
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The most common type of EIR examines the environmental impacts of a specific
development project and focuses primarily on the changes in the environment that would result
from the development project.
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If the EIR for a redevelopment plan is a Project EIR, all public and private activities or
undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single
project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan.
Although the Redevelopment Agency will probably act as Lead Agency for a Redevelopment
Plan, the City may act as a Responsible Agency. (State Guideline Section 15180.)
8.04 SUBSEQUENT EIR.
A Subsequent EIR is required when a previous EIR has been prepared and certified or a
Negative Declaration has been adopted for a project and at least one of the three following
situations occur:
(a) Substantial changes are proposed in the project which will require major revisions of a
previous EIR due to the identification of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(b) Substantial changes occur with respect to the circumstances under which the project is to
be undertaken which will require major revisions of a previous EIR due to the
identification of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
(c) New information, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified as complete or
the Negative Declaration was adopted, becomes available and shows any of the
following:
(3)
A Subsequent EIR must receive the same circulation and review as the previous EIR
received.
In instances where the City is evaluating a modification or revision to an existing use
permit, the City may consider only those environmental impacts related to the changes between
what was allowed under the old permit and what is requested under the new permit. Only if
these differential impacts fall within the categories described above may the City require
additional environmental review.
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(1) the project will have one or more significant effects not discussed in a
previous EIR or Negative Declaration;
(2) significant effects previously examined will be substantially more severe
than shown in a previous EIR;
mitigation measures or alternatives previously found not to be feasible are
in fact feasible and would substantially reduce one or more significant
effects, but the project proponent declines to adopt the mitigation
measures or alternatives; or
(4) mitigation measures or alternatives which were not considered in a
previous EIR would substantially lessen one or more significant effects on
the environment, but the project proponent declines to adopt the mitigation
measures or alternatives.
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When the City is considering approval of a development project which is consistent with
a general plan for which an EIR was completed, another EIR is required only if the project
causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or
substantial new information shows the effects peculiar to the parcel will be more significant than
described in the prior EIR.
8.05 SUPPLEMENTAL EIR.
The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if
any of the conditions described in Local Guidelines Section 8.04 have occurred but only minor
additions or changes would be necessary to make the previous EIR adequately apply to the
project in the changed situation. To assist the City in making this determination, the
decisionmaking body should request an Initial Study and/or a recommendation by Staff. The
Supplemental EIR need contain only the information necessary to make the previous EIR
adequate for the project as revised.
A Supplemental EIR shall be given the same kind of notice and public review as is given
to a Draft EIR but may be circulated by itself without recirculating the previous EIR.
When the decisionmaking body decides whether to approve the project, it shall consider
the previous EIR as revised by the Supplemental EIR. Findings shall be made for each
significant effect identified in the Supplemental EIR.
8.06 ADDENDUM TO AN EIR.
The City may choose to prepare an Addendum to an EIR, rather than a Subsequent or
Supplemental EIR, only if none of the conditions described in Local Guidelines Section 8.04 or
8.05 calling for preparation of a Subsequent or Supplemental EIR have occurred and only minor
technical changes or additions to the previous environmental document are necessary. Since
significant effects on the environment were addressed by findings in the original EIR, no new
findings are required in the Addendum.
An Addendum to an EIR need not be circulated for public review but should be included
in or attached to the Final EIR. The decisionmaking body shall consider the Addendum with the
Final EIR prior to malting a decision on a project. A brief explanation of the decision not to
prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead
Agency's findings on the project, or elsewhere in the record. This explanation must be
supported by substantial evidence.
8.07 STAGED EIR.
When a large capital project will require a number of discretionary approvals from
governmental agencies and one of the approvals will occur more than two years before
construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project
in a general form or manner. A Staged EIR should evaluate a proposal in light of current and
contemplated plans and produce an informed estimate of the environmental consequences of an
entire project. The particular aspect of the project before the City for approval shall be discussed
with a greater degree of specificity.
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When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a
later approval is required for the project and the information available at the time of the later
approval would permit consideration of additional environmental impacts, mitigation measures,
or reasonable alternatives to the project.
8.08 PROGRAM EIR.
A Program EIR is an EIR which may be prepared on an integrated series of actions that
are related either:
(a) Geographically;
(b) As logical parts in a chain of contemplated actions;
(c) In connection with the issuance of rules, regulations, plans or other general criteria to
govern the conduct of a continuing program; or
(d) As individual projects carried out under the same authorizing statutory or regulatory
authority and having generally similar environmental effects which can be mitigated in
similar ways. (State CEQA Guidelines, 15168.)
An advantage of using a Program EIR is that it can "[a]llow the lead agency to consider
broad policy alternatives and program wide mitigation measures at an early time when the
agency has greater flexibility to deal with basic problems or cumulative impacts." (State
Guidelines, 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR is
prepared for a specific project and must examine in detail site specific considerations. Program
EIRs are commonly used in conjunction with the process of tiering.
Tiering is the coverage of general matters in broader EIRs (such as on general plans or
policy statements) with subsequent narrower EIRs. (State Guidelines, 15385; see also Local
Guidelines, 8.02 and 10.66.) Tiering is proper "when it helps a public agency to focus upon
the issues ripe for decision at each level of environmental review and in order to exclude
duplicative analysis of environmental effects examined in previous environmental impact
reports." (Pub. Res. Code, 21093(a).) For example, the California Supreme Court recently
ruled that a Program EIR is consistent with CEQA if it identifies potential sources of water and
analyzes the associated environmental effects in general terms. Rather, identification of specific
sources and environmental effects is required only at the second -tier stage when specific projects
are considered. (In re Bay Delta etc. (2008) 43 Cal. 4th 1143.)
Subsequent activities in the program must be examined in light of the Program EIR to
determine whether additional environmental documents must be prepared. Additional
environmental review documents must be prepared if the proposed later project may arguably
cause significant adverse effects on the environment.
8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRs AND NEGATIVE DECLARATIONS.
A Program EIR can be used to simplify the task of preparing environmental documents in
later parts of the program. The Program EIR can:
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TYPES OF EIRS
(a) Provide the basis for an Initial Study to determine whether the later activity may have any
significant effects;
(b) Be incorporated by reference to deal with regional influences, secondary effects,
cumulative impacts, broad alternatives and other factors that apply to the program as a
whole; or
(c) Focus an EIR on a subsequent project to permit discussion solely of new effects which
had not been considered before.
If a Program EIR is prepared for a redevelopment plan, subsequent activities in the
redevelopment program will be subject to review if they would have effects that were not
examined in the Program EIR. The City should use a written checklist or similar device to
document the evaluation of the site and the proposed activity to determine whether the
environmental effects of the operation were indeed covered in the Program EIR. If the City finds
that no new effects could occur or no new mitigation measures would be required, the City can
approve the activity as being within the scope of the project covered by the Program EIR, and no
new environmental document is required. (See Local Guideline Section 8.04.)
8.10 USE OF AN EIR FROM AN EARLIER PROJECT.
A single EIR may be used to describe more than one project when the projects involve
substantially identical environmental impacts. Any environmental impacts peculiar to one of the
projects must be separately set forth and explained.
A Master EIR is an EIR which may be prepared for:
(a) A general plan (including elements and amendments);
(b) A specific plan;
(c) A project consisting of smaller individual projects to be phased;
(d) A regulation to be implemented by subsequent projects;
(e) A project to be carried out pursuant to a development agreement;
(f) A project pursuant to or furthering a redevelopment plan;
(g) A state highway or mass transit project subject to multiple reviews or approvals; or
(h) A regional transportation plan or congestion management plan.
A Master EIR must do both of the following:
Describe and present sufficient information about anticipated subsequent projects within
its scope, including their size, location, intensity, and scheduling; and
Preliminarily describe potential impacts of anticipated subsequent projects for which
insufficient information is available to support a full impact assessment.
The City and Responsible Agencies identified in the Master EIR may use the Master EIR
to limit environmental review of subsequent projects. However, the Lead Agency for the
subsequent project must prepare an Initial Study to determine whether the subsequent project and
its significant environmental effects were included in the Master EIR. If the Lead Agency for
the subsequent project finds that the subsequent project will have no additional significant
(a)
(b)
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environmental effect and that no new mitigation measures or alternatives may be required, it may
prepare written findings to that effect without preparing a new environmental document. When
the Lead Agency makes this finding, it must provide public notice of the availability of its
proposed finding for public review and comment in the same manner as if it were providing
public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State
Guidelines and Section 7.20 of these Local Guidelines.)
A previously certified Master EIR cannot be relied upon to limit review of a subsequent
project if:
(a) A project not identified in the certified Master EIR has been approved and that project
may affect the adequacy of the Master EIR for the subsequent project now under
consideration; or
(b) The Master EIR was certified more than five (5) years before the filing of an application
for the subsequent project, unless the City reviews the adequacy of the Master EIR and:
(1) Finds that, since the Master EIR was certified, no substantial changes have
occurred that would cause the subsequent project to have significant
environmental impacts, and there is no new information that the
subsequent project would have significant environmental impacts; or
(2) Prepares an Initial Study and either certifies a Subsequent or Supplement
EIR or adopts a Mitigated Negative Declaration that addresses any
substantial changes or new information that would cause the subsequent
project to have potentially significant environmental impacts. The
certified subsequent or supplemental EIR must either be incorporated into
the previously certified Master EIR or the City must identify any
deletions, additions or other modifications to the previously certified
Master EIR in the new document. The City may include a section in the
subsequent or supplemental EIR that identifies these changes to the
previously certified Master EIR.
When the Lead Agency cannot find that the subsequent project will have no additional
significant environmental effect and no new mitigation measures or alternatives will be required,
it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project.
8.12 THE CITY MAY DEVELOP A FEE PROGRAM TO FUND THE COSTS OF A FOCUSED EIR.
A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be
used only if the City finds that the Master EIR's analysis of cumulative, growth- inducing, and
irreversible significant environmental effects is adequate for the subsequent project. The
Focused EIR must incorporate by reference the Master EIR.
The Focused EIR must analyze additional significant environmental effects not addressed
in the Master EIR and any new mitigation measures or alternatives not included in the Master
EIR. "Additional significant effects on the environment" means those project- specific effects on
the environment which were not addressed as significant effects on the environment in the
Master EIR.
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The Focused EIR must also examine the following:
(a) Significant effects discussed in the Master EIR for which substantial new information
exists that shows those effects may be more significant than described in the Master EIR;
(b) Those mitigation measures found to be infeasible in the Master EIR for which substantial
new information exists that shows the effects may be more significant than described in
the Master EIR; and
(c) Those mitigation measures found to be infeasible in the Master EIR for which substantial
new information exists that shows those measures may now be feasible.
The Focused EIR need not examine the following effects:
Those that were mitigated through Master EIR mitigation measures; or
Those that were examined in the Master EIR in sufficient detail to allow project- specific
mitigation or for which mitigation was found to be the responsibility of another agency.
A Focused EIR may be prepared for a multifamily residential project not exceeding 100
units or a mixed use residential project not exceeding 100,000 square feet even though the
project was not identified in a Master EIR, if the following conditions are met:
(a) The project is consistent with a general plan, specific plan, community plan, or zoning
ordinance for which an EIR was prepared within five (5) years of the Focused EIR's
certification;
(b) The project does not require the preparation of a Subsequent or Supplemental EIR; and
(c) The parcel is surrounded by immediately contiguous urban development, was previously
developed with urban uses, or is within one -half mile of a rail transit station.
A Focused EIR for these projects should be limited to potentially significant effects that
are project- specific and/or which substantial new information shows will be more significant
than described in the Master EIR. No discussion shall be required of alternatives to the project,
cumulative impacts of the project, or the growth- inducing impacts of the project. (See State
Guidelines Section 15179.5.)
(a)
(b)
8.13 SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS.
An EIR for a redevelopment plan may be a Master EIR, Program EIR or Project EIR. An
EIR for a redevelopment plan must specify whether it is a Master EIR, a Program EIR or a
Project EIR.
If a Program EIR is prepared for a redevelopment plan, subsequent activities in the
redevelopment program will be subject to review if they would have effects that were not
examined in the Program FIR. The City should use a written checklist or similar device to
document the evaluation of the site and the proposed activity to determine whether the
environmental effects of the operation were indeed covered in the Program EIR. If the City finds
that no new effects could occur, no new mitigation measures would be required or that State
Guidelines Sections 15162 and 15163 do not otherwise apply, the City can approve the activity
as being within the scope of the project covered by the Program EIR, and no new environmental
document is required.
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If the EIR for a redevelopment plan is a Project EIR, all public and private activities or
undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single
project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan
Once certified, no subsequent EIRs will be needed unless required by State Guidelines sections
15162 or 15163. (State Guideline Section 15180.) If a Master EIR is prepared for a
redevelopment plan, subsequent projects will be subject to review if they would have effects that
were not examined in the Master EIR. If no new effects could occur or no new mitigation
measures would be required, it can approve the activity as being within the scope of the project
covered by the Master EIR, and no new environmental document is required.
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9.01 TIMELINES.
When a CEQA lawsuit is filed, there are numerous and complex time requirements that
must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has
been filed with the Court. For example, within ten (10) business days of the public agency being
served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead
Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with
jurisdiction by law over any natural resource affected by the project at issue.
There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit
is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable
deadlines are met.
9.02 ADMINISTRATIVE RECORD.
A. Contents of Administrative Record.
When the Lead Agency's CEQA finding(s) and/or action is challenged in a lawsuit, the
Lead Agency must certify the administrative record that formed the basis of the Lead Agency's
decision. To the extent the documents listed below exist and are not subject to a privilege that
exempts them from disclosure, the following items should be included in the administrative
record:
(1) All project application materials;
(2) All staff reports and related documents prepared by the public agency with
respect to its compliance with the substantive and procedural requirements
of CEQA and with respect to the action on the project;
All staff reports and related documents prepared by the public agency and
written testimony or documents submitted by any person relevant to any
findings or statement of overriding considerations adopted by the public
agency pursuant to this division;
(3)
(4) Any transcript or minutes of the proceedings at which the decisionmaking
body of the public agency heard testimony on or considered any
environmental document on the project, and any transcript or minutes of
proceedings before any advisory body to the respondent public agency that
were presented to the decisionmaking body prior to action on the
environmental documents or on the project;
(5)
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All notices issued by the public agency to comply with CEQA or with any
other law governing the processing and approval of the project;
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(6) All written comments received in response to, or in connection with,
environmental documents prepared for the project, including responses to
the notice of preparation;
All written evidence or correspondence submitted to, or transferred from,
the public agency with respect to compliance with CEQA or with respect
to the project;
(8) Any proposed decisions or findings submitted to the decisionmaking body
of the public agency by its staff or the project proponent, project
opponents, or other persons, to the extent such documents are subject to
public disclosure;
The documentation of the final public agency decision, including the final
environmental impact report, mitigated negative declaration, or negative
declaration, and all documents, in addition to those referenced in
paragraph (3) above, cited or relied on in the findings or in a statement of
overriding considerations adopted pursuant to CEQA;
(10) Any other written materials relevant to the respondent public agency's
compliance with CEQA or to its decision on the merits of the project,
including the initial study; any drafts of any environmental document, or
portions thereof, that were released for public review; copies of studies or
other documents relied upon in any environmental document prepared for
the project and either made available to the public during the public
review period or included in the public agency's files on the project; and
internal agency communications related to the project or to compliance
with CEQA, to the extent such documents are subject to public disclosure;
(9)
and
(11) The full written record before any inferior administrative decisionmaking
body whose decision was appealed prior to the filing of the lawsuit
The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to
do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any
alternative method of preparing the record. However, when a third party such as the project
applicant prepares or assists with the preparation of the administrative record, the Lead Agency
may not be able to recover fees incurred by the third party unless petitioner has agreed to this
method of preparation.
B. Organization of Administrative Record.
The administrative record should be organized as follows:
(1) Index. A detailed index must be included at the beginning of the
administrative record listing each document in the order presented. Each
entry must include the document's title, date, brief description, and the
volume and page where the document begins;
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The Notice of Determination;
The resolutions or ordinances adopted by the lead agency approving the
project;
The findings required by Public Resources Code section 21081, including
any statement of overriding considerations;
The Final EIR, including the Draft EIR or a revision of the draft, all other
matters included in the Final EIR (such as traffic studies and air quality
studies), and other types of environmental documents prepared under
CEQA, such as a negative declaration, mitigated negative declaration, or
addenda;
(6) The initial study;
(7) Staff reports prepared for the administrative bodies providing subordinate
approvals or recommendations to the lead agency, in chronological order;
(8) Transcripts and minutes of hearings, in chronological order; and
(9) All other documents appropriate for inclusion in the administrative record,
in chronological order.
Each section listed above must be separated by tabs or marked with electronic
bookmarks. Oversized documents (such as building plans and maps) must be presented in a
manner that allows them to be easily unfolded and viewed.
The court may issue an order allowing the documents to be organized in a different
manner.
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DEFINITIONS.
10. DEFINITIONS.
Whenever the following terms are used in these Local Guidelines, they shall have the
following meaning unless otherwise expressly defined:
10.01 "Agricultural Employee" means a person engaged in agriculture, including farming
in all its branches, and, among other things, includes: (1) the cultivation and tillage of
the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any
agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing
animals, or poultry, and (5) any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an incident to or in conjunction
with such farming operations, including preparation for market and delivery to
storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations
Act as agricultural employees pursuant to Section 2(3) of the Labor Management
Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the
Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This
definition does not apply to employees who perform work to be done at the site of the
construction, alteration, painting, or repair of a building, structure, or other work (as
these terms have been construed under Section 8(e) of the Labor Management
Relations Act, 29 United States Code Section 158(e)) or logging or timber clearing
operations in initial preparation of land for farming, or who does land leveling or only
land surveying for any of the above. As used in this definition, "land leveling" shall
include only major land moving operations changing the contour of the land, but shall
not include annual or seasonal tillage or preparation of land for cultivation. (State
Guidelines Section 15191(a).)
10.02 "Applicant" means a person who proposes to carry out a project which requires a
lease, permit, license, certificate, or other entitlement for use, or requires financial aid
from one or more public agencies when applying for governmental approval or
assistance.
10.03 "Approval" means a decision by the decisionmaking body or other authorized body
or officer of the City which commits the City to a definite course of action with
regard to a particular project. With regard to any project to be undertaken directly by
the City, approval shall be deemed to occur on the date when the decisionmaking
body adopts a motion or resolution determining to proceed with the project, which in
no event shall be later than the date of adoption of plans and specifications. As to
private projects, approval shall be deemed to have occurred upon the earliest
commitment to provide service or the issuance by the City of a discretionary contract,
subsidy, or other form of financial assistance, lease, permit, license, certificate, or
other entitlement for use of the project. The mere acquisition of land by the City shall
not, in and of itself, be deemed to constitute approval of a project.
For purposes of these Local Guidelines, all environmental documents must be
completed as of the time of project approval.
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10.04 "Baseline" refers to the pre project environmental conditions. By comparing the
project's potential impacts to the baseline, the Lead Agency determines whether the
project's impacts are substantial enough to be significant under the relevant
thresholds of significance. Generally, the baseline is the environmental conditions
existing on the date the environmental analysis begins, such as the date of the Notice
of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a
Negative Declaration. However, in certain circumstances, an earlier or later date may
provide a more accurate environmental analysis. The City may establish any baseline
that is appropriate, including an earlier or later date, as long as the choice of baseline
can be supported by substantial evidence.
10.05 "Categorical Exemption" means an exception from the requirement of preparing a
Negative Declaration or an EIR, based on a finding by the Secretary of the Resources
Agency that the class of projects does not have a significant effect on the
environment.
10.06 "Census Defined Place" means a specific unincorporated land area within
boundaries determined by the United States Census Bureau in the most recent
decennial census.
10.07 "CEOA" (the California Environmental Quality Act) means California Public
Resources Code Sections 21000, et seq.
10.08 "City" means the City of Arcadia.
10.09 "Clerk" means either the "Clerk of the Board" or the "County Clerk" depending
upon the county. Please refer to the "Index to Environmental Filing by County" in
the Staff Summary to determine which applies.
10.10 "Community Level Environmental Review" means either (1) or (2) below:
(1) An EIR certified for any of the following:
(a) A general plan,
(b) A revision or update to the general plan that includes at least the land
use and circulation elements,
(c) An applicable community plan,
(d) An applicable specific plan,
(e) A housing element of the general plan, if the Environmental Impact
Report analyzed the environmental effects of the density of the
proposed project.
(2) A Negative Declaration or Mitigated Negative Declaration adopted as a
subsequent environmental review document, following and based upon an
EIR on a general plan, an applicable community plan or specific plan,
provided that the subsequent environmental review document is allowed by
CEQA following a Master EIR or a Program EIR or is required pursuant to
Public Resource Section 21166.
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DEFINITIONS.
10.11 "Cumulative Impacts" means two or more individual effects which, when
considered together, are considerable or which compound or increase other
environmental impacts. The individual effects may be changes resulting from a
single project or a number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which
results from the incremental impact of the project when added to other closely related
past, present and reasonably foreseeable future projects. Cumulative impacts can
result from individually minor but collectively significant projects taking place over a
period of time.
10.12 "Cumulatively Considerable" means that the incremental effects of an individual
project are significant when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects.
10.13 Decisionmaking Body" means the body within the City, e.g., the City Council or
Planning Commission, which has final approval authority over the particular project.
10.14 "Developed Open Space" means land that meets each of the following three criteria:
(1) Is publicly owned, or financed in whole or in part by public funds;
(2) Is generally open to, and available for use by, the public;
(3) Is predominantly lacking in structural development other than structures
associated with open spaces, including, but not limited to, playgrounds,
swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed Open Space may include land that has been designated for acquisition by
a public agency for developed open space purposes, but does not include lands
acquired by public funds dedicated to the acquisition of land for housing purposes.
10.15 "Development Proiect" means any project undertaken for the purpose of
development, including any project involving the issuance of a permit for
construction or reconstruction but not a permit to operate. It does not include any
ministerial projects proposed to be carried out or approved by public agencies.
(Government Code Section 65928.)
10.16 "Discretionary Proiect" means a project for which approval requires the exercise of
independent judgment, deliberation, or decisionmaking on the part of the City.
10.17 "Emergency" means a sudden, unexpected occurrence, involving a clear and
imminent danger, demanding immediate action to prevent or mitigate loss of, or
damage to, life, health, property, or essential public services. Emergency includes
such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well
as such occurrences as riot, war, terrorist incident, accident or sabotage.
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10.18 "Endangered, Rare or Threatened Species" means certain species or subspecies of
animals or plants. A species or subspecies of animal or plant is "Endangered" when
its survival and reproduction in the wild are in immediate jeopardy from one or more
cause, including loss of habitat, change in habitat, overexploitation, predation,
competition, disease, or other factors. A species or subspecies of animal or plant is
"Threatened" when it is listed as a threatened species pursuant to the California
Endangered Species Act or the federal Endangered Species Act. A species or
subspecies of animal or plant is "Rare" when either:
(1) Although not presently threatened with extinction, the species is existing in
such small numbers throughout all or a significant portion of its range that it
may become endangered if its environment worsens; or
(2) The species is likely to become endangered within the foreseeable future
throughout all or a significant portion of its range and many be considered
"threatened" as that term is used in the Federal Endangered species Act.
For purposes of analyzing impacts to biological resources, a species of animal or
plant shall be presumed to be endangered, rare or threatened if it is listed under the
California Endangered Species Act or the federal Endangered Species Act.
This definition shall not include any species of the Class Insecta which is a pest
whose protection under the provisions of CEQA would present an overwhelming and
overriding risk to man as determined by the Director of Food and Agriculture (with
regard to economic pests) or the Director of Health Services (with regard to health
risks).
10.19 "Environment" means the physical conditions which exist in the area which will be
affected by a proposed project, including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance. The area involved
shall be the area in which significant effects would occur either directly or indirectly
as a result of the project. The "environment" includes both natural and man-made
conditions.
10.20 "EIR" (Environmental Impact Report) means a detailed written statement setting
forth the environmental effects and considerations pertaining to a project. EIR may
mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a
Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment
EIR, a Master EIR, or a Focused EIR.
10.21 "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social and
technological factors.
10.22 "Final EIR" means an EIR containing the information contained in the Draft EIR,
comments either verbatim or in summary received in the review process, a list of
persons commenting, and the response of the City to the comments received.
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DEFINITIONS.
10.23 "Guidelines" or "Local CEQA Guidelines" means the City's Local Guidelines for
implementing the California Environmental Quality Act.
10.24 "Greenhouse Gas" includes, but is not limited to, carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
10.25 "Historical Resources" includes:
Resources listed in, or eligible for listing in, the California Register of Historical
Resources shall be considered historical resources.
A, resource may be listed in the California Register if it meets any of the following
National Register of Historic Places criteria:
(a) Is associated with events that have made a significant contribution to
the broad patterns of California's history and cultural heritage;
(b) Is associated with the lives of persons important in our past;
(c) Embodies the distinctive characteristics of a type, period, region, or
method of construction, or represents the work of an important
creative individual, or possesses high artistic values; or
(d) Has yielded, or may be likely to yield, information important in
prehistory or history.
A resource may also be listed in the California Register if it is identified as significant
in an historical resource survey that meets all of the following criteria:
(a) The survey has been or will be included in the State Historic
Resources Inventory;
(b) The survey and the survey documentation were prepared in accordance
with office procedures and requirements; and
(c) The resource is evaluated and determined by the office to have a
significance rating of Category 1 to 5 on DPR Form 523.
Resources included on a list of properties officially designated or recognized as
historically significant by a local government pursuant to a local ordinance or
resolution, or identified as significant in a historical resource survey (as described
above) are presumed to be historically or culturally significant, unless a
preponderance of evidence demonstrates that they are not historically or culturally
significant.
Any of the following may be considered historically significant: any object, building,
structure, site, area, place, record or manuscript which a Lead Agency determines,
based upon substantial evidence in light of the whole record, to be historically
significant or significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical
resource, as defined in Public Resources Code Sections 5020.1(j) or 5024.1, even if it
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is: (a) not listed in, or determined to be eligible for listing in, the California Register
of Historical Resources; (b) not included in a local register of historical resources; or
(c) not identified in a historical resources survey.
10.26 "Infill Site" means a site in an urbanized area that meets either of the following
criteria:
(1) The site has been previously developed for qualified urban uses; or
(2) The site has not been previously developed for qualified urban uses and both
(a) and (b) are met:
(Public Resources Code Section 21061.3.)
10.27 "Initial Study" means a preliminary analysis conducted by the City to determine
whether an EIR or a Negative Declaration must be prepared or to identify the
significant environmental effects to be analyzed in an EIR.
10.28 "Jurisdiction by Law" means the authority of any public agency to grant a permit or
other entitlement for use, to provide funding for the project in question or to exercise
authority over resources which may be affected by the project.
The City will have jurisdiction by law over a project when the City, having primary
and exclusive jurisdiction over the area involved, is the site of the project, the area in
which the major environmental effects will occur, or the area in which reside those
citizens most directly concerned by any such environmental effects.
10.30 "Large Treatment Facility" means a treatment facility which treats or recycles one
thousand (1,000) or more tons of hazardous waste during any one month of the
current reporting period commencing on or after July 1, 1991. (Health and Safety
Code Section 25205.1(d).)
10.29 "Land Disposal Facility means a hazardous waste facility where hazardous waste is
disposed in, on, or under land. (Health and Safety Code Section 25199.1(d).)
2010 City of Arcadia Local Guidelines
(a) the site is immediately adjacent to parcels that are developed with
qualified urban uses, or
1. at least 75 percent of the perimeter of the site is adjacent to
parcels that are developed with existing qualified urban uses at
the time the Lead Agency receives an application for an
approval; and
2. the remaining 25 percent of the perimeter of the site adjoins
parcels that had been previously developed for qualified urban
uses.
(b) No parcel within the site has been created within the past 10 years
unless the parcel was created as a result of the plan of a redevelopment
agency.
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10.31 "Lead Agency" means the public agency which has the principal responsibility for
preparing environmental documents and for carrying out or approving a project when
more than one public agency is involved with the same underlying activity.
10.32 "Low Income Households" means households of persons and families of very low
and low income. Low income persons or families are those eligible for financial
assistance from governmental agencies for occupants of state funded housing. Very
low income persons are those whose incomes do not exceed the qualifying limits for
very low income families as established and amended pursuant to Section 8 of the
United States Housing Act of 1937. Such limits are published and updated in the
California Code of Regulations. (Public Resources Code Section 21159.20(c); Health
and Safety Code Sections 50105 and 50106; State Guidelines Section 15191(g).)
10.33 "Low and Moderate Income Households" means persons and families of low or
moderate income" as defined in Section 50093 of the Health and Safety Code to mean
persons and families whose income does not exceed 120% of area median income,
adjusted for family size by the Department of Housing and Community Development,
in accordance with adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to Section 8
of the United States Housing Act of 1937. (Public Resources Code Section
21159.20(d); State Guidelines Section 15191(f).).)
10.34 "Lower Income Households" is defined in Health and Safety Code Section 50079.5
to mean any of the following:
(1) "Lower income households" means persons and families whose income does
not exceed the qualifying limits for lower income families as established and
amended from time to time pursuant to Section 8 of the United States Housing
Act of 1937.
(2) "Very low income households" means persons and families whose incomes do
not exceed the qualifying limits for very low income families as defined in
Health and Safety Code 50105.
"Extremely low income households" means persons and families whose
incomes do not exceed the qualifying limits for extremely low income
families as defined in Health and Safety Code Section 50106.
10.35 "Low Level Flight Path" means any flight path for any aircraft owned, maintained,
or under the jurisdiction of the United States Department of Defense that flies lower
than 1,500 feet above ground level, as indicated in the United States Department of
Defense Flight Information Publication, "Area Planning Military Training Routes:
North and South America (AP /1B)" published by the United States National Imagery
and Mapping Agency or its successor.
10.36 "Major Transit Stop" means a site containing an existing rail transit station, a ferry
terminal served by either a bus or rail transit service, or the intersection of two or
more major bus routes with a frequency of service interval of fifteen (15) minutes or
(3)
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less during the morning and afternoon peak commute periods. (State Guidelines
Section 15191(i).)
10.37 "Metropolitan Planning Organization" means a federally designated agency that
provides transportation planning and programming in metropolitan areas. A MPO is
designated for each urban area that has been defined in the most recent federal census
as having a population of more than 50,000 people. The Census Bureau issued its list
of qualifying Urbanized Areas based on population counts from the 2000 decennial
Census. There are 18 federally designated MPOs in California. Non urbanized
(rural) areas do not have a designated MPO.
10.38 "Military Impact Zone" means any area, including airspace, that meets both of the
following criteria:
(1) Is located within two miles of a military installation, including, but not limited
to, any base, military airport, camp, post, station, yard, center, homeport
facility for a ship, or any other military activity center that is under the
jurisdiction of the United States Department of Defense; and
(2) Covers greater than 500 acres of unincorporated land, or greater than 100
acres of city incorporated land.
10.39 "Military Service" means the United States Department of Defense or any branch of
the United States Armed Forces.
10.40 "Ministerial" describes a governmental decision involving little or no personal
judgment by the public official as to the wisdom or manner of carrying out the
project. The public official merely applies the law to the facts as presented but uses
no special discretion or standards or objective measurements, and the public official
cannot use personal, subjective judgment in deciding whether or how the project
should be carried out. Common examples of ministerial permits include automobile
registrations, dog licenses, and marriage licenses. A building permit is ministerial if
the ordinance requiring the permit limits the public official to determining whether
the zoning allows the structure to be built in the requested locations, the structure
would meet the strength requirements in the Uniform Building Code, and the
applicant has paid his fee. (Public Resources Code Section 21080(b)(1).)
10.41 "Mitigated Negative Declaration" or "MND" means a Negative Declaration
prepared for a Project when the Initial Study has identified potentially significant
effects on the environment, but: (1) revisions in the project plans or proposals made
or agreed to, by the applicant before the proposed Negative Declaration and Initial
Study are released for public review would avoid the effects or mitigate the effects to
a point where clearly no significant effect on the environment would occur, and (2)
there is no substantial evidence in light of the whole record before the public agency
that the project, as revised, may have a significant effect on the environment.
10.42 "Mitigation" means avoiding the environmental impact altogether by not taking a
certain action or parts of an action, minimizing impacts by limiting the degree or
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magnitude of the action and its implementation, rectifying the impact by repairing,
rehabilitating or restoring the impacted environment, reducing or eliminating the
impact over time by preservation and maintenance operations during the life of the
action, or compensating for the impact by replacing or providing substitute resources
or environments.
10.43 "Negative Declaration" or "ND" means a written statement by the City briefly
describing the reasons that a proposed project, not exempt from CEQA, will not have
a significant effect on the environment and, therefore, does not require the preparation
of an EIR.
10.44 "Notice of Completion" means a brief report filed with the Office of Planning and
Research by the City when it is the Lead Agency as soon as it has completed a Draft
EIR and is prepared to send out copies for review.
10.45 "Notice of Determination" means a brief notice to be filed by the City when it
approves or determines to carry out a project which is subject to the requirements of
CEQA.
10.46 "Notice of Exemption" means a brief notice which may be filed by the City when it
has approved or determined to carry out a project, and it has determined that the
project is exempt from the requirements of CEQA. Such a notice may also be filed
by an applicant where such a determination has been made by a public agency which
must approve the project.
10.47 "Notice of Preparation" means a brief notice sent by a Lead Agency to notify the
Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and
involved federal agencies that the Lead Agency plans to prepare an EIR for a project.
The purpose of this notice is to solicit guidance from those agencies as to the scope
and content of the environmental information to be included in the EIR. Public
agencies are free to develop their own formats for this notice.
10.48 "Oak" means a native tree species in the genus Quercus, not designated as Group A
or Group B commercial species pursuant to regulations adopted by the State Board of
Forestry and Fire Protection pursuant to Public Resources Code Section 4526, and
that is five (5) inches or more in diameter at breast height. (Public Resources Code
Section 21083.4(a).)
10.49 "Oak Woodlands" means an oak stand with a greater than 10 percent canopy cover
or that may have historically supported greater than 10 percent canopy cover. (Fish
Game Code Section 1361(h).)
10.50 "Offsite Facility" means a facility that serves more than one generator of hazardous
waste. (Public Resources Code Section 21151.1(h).)
10.51 "Person" includes any person, firm, association, organization, partnership, business,
trust, corporation, company, city, county, city and county, town, the state, and any of
the agencies which may be political subdivisions of such entities, and, to the extent
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DEFINITIONS.
permitted by federal law, the United States, or any of its agencies or political
subdivisions.
10.52 "Private Project" means a project which will be carried out by a person other than a
governmental agency, but which will need a discretionary approval from the City.
Private projects will normally be those listed in subsections (2) and (3) of Local
Guidelines Section 10.53.
10.53 "Project" means the whole of an action or activity which may cause either a direct
physical change in the environment, or a reasonably foreseeable indirect change in
the environment, and is any of the following:
(1) A discretionary activity directly undertaken by the City including but not
limited to public works construction and related activities, clearing or grading
of land, or improvements to existing public structures.
(2) A discretionary activity which involves a public agency's issuance to a person
of a lease, permit, license, certificate, or other entitlement for use, or which is
supported, in whole or in part, through contracts, grants, subsidies, loans or
other forms of assistance by the City.
A discretionary project proposed to be carried out or approved by public
agencies, including but not limited to the enactment and amendment of local
General Plans or elements thereof, the enactment of zoning ordinances, the
issuance of zoning variances, the issuance of conditional use permits and the
approval of tentative subdivision maps.
The presence of any real degree of control over the manner in which a project is
completed makes it a discretionary project.
The term "project" refers to the activity which is being approved and which may be
subject to several discretionary approvals by governmental agencies. The term
"project" does not mean each separate governmental approval.
10.54 "Project Specific Effects" means all the direct or indirect environmental effects of a
project other than cumulative effects and growth- inducing effects. (Public Resources
Code Section 21065.3; State Guidelines Section 15191(j).)
10.55 "Public Water System" means a system for the provision of piped water to the
public for human consumption that has 3000 or more service connections. A public
water system includes all of the following: (A) Any collection, treatment, storage, and
distribution facility under control of the operator of the system which is used
primarily in connection with the system; (B) Any collection or pretreatment storage
facility not under the control of the operator that is used primarily in connection with
the system; (C) Any person who treats water on behalf of one or more public water
systems for the purpose of rendering it safe for human consumption. (State Guideline
Section 15155.)
(3)
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10.56 "Qualified Urban Use" means any residential, commercial, public institutional,
transit or transportation passenger facility, or retail use, or any combination of those
uses. (Public Resources Code Section 21072; State Guidelines Section 15191(k).)
10.57 "Residential" means a use consisting of either residential units only or residential
units and primarily neighborhood serving goods, services, or retail uses that do not
exceed 15% of the total floor area of the project. (State Guidelines Section 15191(1).)
10.58 "Responsible Agency" means a public agency which proposes to carry out or
approve a project for which a Lead Agency has prepared the environmental
documents. For the purposes of CEQA, the term "Responsible Agency" includes all
federal, state, regional and local public agenciep other than the Lead Agency which
have discretionary approval power over the project.
10.59 "Significant Effect" means a substantial, or potentially substantial, adverse change in
any of the physical conditions within the area affected by the activity including land,
air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance. A social or economic change related to a physical change may be
considered in determining whether the physical change is significant.
10.60 "Special Use Airspace" means the land area underlying the airspace that is
designated for training, research, development, or evaluation for a military service, as
that land area is established by he United States Department of Defense Flight
Information Publication, "Area Planning: Special Use Airspace: North and South
America (AP /1A)" published by the United States National Imagery and Mapping
Agency or its successor.
10.61 "Staff" means the City Manager or his or her designee.
10.62 "Standard" means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute,
ordinance, resolution, rule, regulation, order, or other standard of general
application;
(2) Adopted for the purpose of environmental protection;
(3) Adopted by a public agency through a public review process;
(4) Governs the same environmental effect which the change in the environment
is impacting; and
(5) Govems the jurisdiction where the project is located.
The definition of "standard" includes any thresholds of significance adopted by the
City which meet the requirements of this Section.
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If there is a conflict between standards, the City shall determine which standard is
appropriate based upon substantial evidence in light of the whole record.
10.63 "State Guidelines" or "State CEOA Guidelines" means the Guidelines for
Implementation of the California Environmental Quality Act as adopted by the
Secretary of the California Resources Agency as they now exist or hereafter may be
amended. (California Administrative Code, Title 14, Sections 15000, et seq.)
10.64 "Substantial Evidence" means reliable information on which a fair argument can be
based to support an inference or conclusion, even though another conclusion could be
drawn from that information. "Substantial evidence" includes facts, reasonable
assumptions predicated upon facts, and expert opinion supported by facts.
"Substantial evidence" does not include argument, speculation, unsubstantiated
opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of
social or economic impacts which do not contribute to, or are not caused by, physical
impacts on the environment.
10.65 "Sustainable Communities Strategy" is an element of a Regional Transportation
Plan, which must be adopted by the Metropolitan Planning Organization for the
region. (See Local Guidelines Section 10.37.) The Sustainable Communities
Strategy is an integrated land use and transportation plan intended to reduce
greenhouse gases. The Sustainable Communities Strategy includes various
components such as: consideration of existing densities and uses within the region,
identification of areas within the region that can accommodate an eight -year
projection of the region's housing needs, development of projections for growth in
the region, identification of existing transportation networks, and preparation of a
forecast for development pattern for the region that can be integrated with
transportation networks.
10.66 "Tiering" means the coverage of general matters in broader EIRs (such as on general
plans or policy statements) with subsequent narrower EIRs or ultimately site specific
EIRs incorporating by reference the general discussions and concentrating solely on
the issues specific to the EIR subsequently prepared. Tiering is appropriate when the
sequence of EIRs is:
(a)
(b)
(Public Resources Code Sections 21003, 21061 and 21100.)
10.67 "Transit Prioritv Project" means a mixed use project that is consistent with the
general use designation, density, building intensity, and applicable policies specified
2010 City of Arcadia Local Guidelines
From a general plan, policy, or Program EIR to a program, plan, or
policy EIR of lesser scope or to a site specific EIR;
From an EIR on a specific action at an early stage to a subsequent EIR
or a supplement to an EIR at a later stage. Tiering in such cases is
appropriate when it helps the Lead Agency to focus on the issues
which are ripe for decision and exclude from consideration issues
already decided or not yet ripe.
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California Environmental Quality Act (2010)
for the project area in either a sustainable communities strategy or an alternative
planning strategy for which the California Air Resources Board has accepted a
Metropolitan Planning Organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented, achieve the
greenhouse gas emission reduction targets. Such a project may be exempt from
CEQA if a detailed laundry list of requirements is met. To qualify for the exemption,
the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square
footage
(2) if the project contains between 26 percent and 50 percent non residential uses,
the floor -to -area ratio (FAR) must be at least 0.75;
(3) have a minimum net density of 20 dwelling units per acre;
(4) be located within a half mile of a major transit stop or high quality transit
corridor included in a regional transportation plan; and
meet all the requirements of Public Resources Code Section 21155.1.
(5)
10.68 "Transportation Facilities" includes major local arterials and public transit within
five (5) miles of the project site, and freeways, highways, and rail transit service
within ten (10) miles of the project site.
10.69 "Trustee Agency" means a State agency having jurisdiction by law over natural
resources affected by a project which are held in trust for the people of the State of
California. Trustee Agencies may include, but are not limited to, the following:
(a) The California Department of Fish and Game "DFG with regard to
the fish and wildlife of the state, designated rare or endangered native
plants, and game refuges, ecological reserves, and other areas
administered by DFG.
(b) The State Lands Commission with regard to state owned "sovereign"
lands such as the beds of navigable waters and state school lands.
(c) The State Department of Parks and Recreation with regard to units of
the State Park System.
(d) The University of California with regard to sites within the Natural
Land and Water Reserve System.
(e) The State Water Resources Control Board with respect to surface
waters.
10.70 "Urbanized Area" means either of the following:
(1) An incorporated city that either by itself or in combination with two
contiguous incorporated cities has a population of at least one hundred
thousand (100,000) persons;
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(2) An unincorporated area that meets both of the following requirements:
(a) The unincorporated area is either:
(i) completely surrounded by one or more incorporated cities, has
a population of at least 100,000 persons either by itself or in
combination with the surrounding incorporated city or cities,
and has a population density that at least equals the population
density of the surrounding city or cities; or
(ii) located within an urban growth boundary and has an existing
residential population of at least five thousand (5,000) persons
per square mile. An "urban growth boundary" means a
provision of a locally adopted general plan that allows urban
uses on one side of the boundary and prohibits urban uses on
the other side.
(b) The board of supervisors with jurisdiction over the unincorporated
area has taken all three of the following steps:
1. Prepared a draft document by which the board would find that
the general plan, zoning ordinance, and related policies and
programs applicable to the unincorporated area are consistent
with principles that encourage compact development in a
manner that promotes efficient transportation systems,
economic growth, affordable housing, energy efficiency, and
an appropriate balance of jobs and housing, and protects the
environment, open space and agricultural areas;
2. Submitted the draft document to the Office of Planning and
Research and allowed OPR thirty (30) days to submit
comments on the draft finding to the board; and
3. At least thirty (30) days after submitting the draft document to
OPR, the board has adopted a final finding in substantial
conformity with the draft finding described in the draft
document. (Public Resources Code Sections 21083, 21159.20-
21159.24; State Guidelines Section 15191(m).))
10.71 "Urban Growth Boundary" means a provision of a locally adopted general plan that
allows urban uses on one side of the boundary and prohibits urban uses on the other
side of the boundary.
10.72 "Water Acquisition Plans" means any plans for acquiring additional water supplies
prepared by the public water system or a city or county Lead Agency pursuant to
subdivision (a) of section 10911 of the Water Code.
10.73 "Water Assessment" or "Water Supply Assessment" means the water supply
assessment that must be prepared by the governing body of a public water system, or
a city or county, pursuant to and in compliance with sections 10910 to 10915 of the
Water Code, and that includes, without limitation, the elements of the assessment
required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the
Water Code.
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10.74 "Water Demand Project" means any one of the following:
(A) A residential development of more than 500 dwelling units;
(B) A shopping center or business establishment employing more than 1,000
persons or having more than 500,000 square feet of floor space;
(C) A commercial office building employing more than 1,000 persons or having
more than 250,000 square feet of floor space;
(D) A hotel or motel, or both, having more than 500 rooms;
(E) An industrial, manufacturing, or processing plant, or industrial park planned
to house more than 1,000 persons, occupying more than 40 acres of land, or
having more than 650,000 square feet of floor area;
(F) A mixed -use project that includes one or more of the projects specified in
subdivisions (A); (B), (C), (D), (E), or (G) of this section;
(G) A project that would demand an amount of water equivalent to, or greater
than, the amount of water; required by a 500 dwelling unit project; or
For public water systems with fewer than 5,000 service connections, a project
that meets the following criteria:
(1) A proposed residential, business, commercial, hotel or motel, or
industrial development that would account for an increase of 10
percent or more in the number of a public water system's existing
service connections; or
(2) A mixed -use project that would demand an amount of water equivalent
to, or greater than, the amount of water required by residential
development that would represent an increase of 10 percent or more in
the number of the public water system's existing service connections.
(State Guideline Section 15155.)
10.75 "Wetlands" has the same meaning as that term is construed in the regulations issued
by the United States Army Corps of Engineers pursuant to the Clean Water Act.
Thus, "wetlands" means areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. (Public Resources Code Section 21159.21(d), incorporating Title 33,
Code of Federal Regulations, Section 328.3.)
10.76 "Wildlife Habitat means the ecological communities upon which wild animals,
birds, plants, fish, amphibians, and invertebrates depend for their conservation and
protection. (Public Resources Code Section 21159.21.)
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10.77 "Zoning Approval" means any enactment, amendment, or appeal of a zoning
ordinance; granting of a conditional use permit or variance; or any other form of land
use, subdivision, tract, or development approval required from the city or county
having jurisdiction to permit the particular use of the property.
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11. FORMS
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FORMS
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1.
Name or description of project:
2.
Project Location Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name
(2) Address
4.
Staff Determination:
The ;ad Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with
the ad Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has
concluded that this project does not require further environmental assessment because:
a.
The proposed action does not constitute a project under CEQA.
b.
The project is a Ministerial Project.
c.
The project is an Emergency Project.
d.
The project constitutes a feasibility or planning study.
e.
The project is categorically exempt.
Applicable Exemption Class:
The project is statutorily exempt.
Applicable Exemption:
0
b.:,
The project is otherwise exempt on
the following basis:
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Date:
Preliminary Exemption Assessment\2010
Staff:
FORM "A"
1. Project Title:
2. Project Location Identify street address and
cross streets or attach a map showing project site
(preferably a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
3. (a) Project Location City:
(b) Project Location County:
4. Description of nature, purpose, and beneficiaries
of Project:
5. Name of Public Agency approving project:
6. Name of Person or Agency carrying out project:
7. Exempt status: (check one)
(a) Ministerial project.
(b) Not a project.
(c) Emergency Project.
(d) Categorical Exemption. 1
State type and class number:
(e) Declared Emergency.
(f) Statutory Exemption.
State Code section number:
(g) Other. Explanation:
8. Reason why project was exempt:
9. Contact Person:
Telephone:
10. Attach Preliminary Exemption Assessment (Form "A before filing.
TO:
County Clerk
County of Los Angeles
Corp. Div., Room 1101, Env. Desk
12400 E. Imperial Highway
Norwalk, CA 90650
FROM:
City of Arcadia
Development Services Department
Community Development Division
240 W. Huntington Drive,
Arcadia, CA 91007
Date Received for Filing:
(Clerk Stamp Here)
Notice of Exemption\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF EXEMPTION
Signature (Lead Agency Representative)
Title
FORM `B"
1.
Name or description of project:
2.
Project Location Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
3.
Entity or Person undertaking project:
A.
B. Other (Private)
(1) Name:
(2) Address:
4.
Staff Determination:
The Lead Agency's staff, having undertaken and completed an Initial Study of this project in accordance with the
Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" for the
purpose of ascertaining whether the proposed project may have a significant effect on the environment, has reached
the following conclusion:
a.
The project could not have a significant effect on the environment; therefore, a Negative
Declaration should be adopted.
The Initial Study identified potentially significant effects on the environment but revisions in the
project plans or proposals made by or agreed to by the applicant would avoid the effects, or
mitigate the effects to a point where clearly no significant effects would occur; therefore a
Mitigated Negative Declaration should be adopted.
b.
c.
The project may have a significant effect on the environment; therefore, an Environmental Impact
Report will be required.
Date:
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
ENVIRONMENTAL IMPACT ASSESSMENT
(STAFF RECOMMENDATION FOR INTERNAL USE ONLY)
Staff:
Environmental Impact Assessment\2010 FORM "C"
Notice is hereby given that the public agency named below has completed an Initial Study or me following uescnueu
project at the following location:
Public Agency:
Project Name:
Project Location Identify
street address and cross streets
or attach a map showing
project site (preferably a
USGS 15' or 7 1/2'
topographical map identified
by quadrangle name):
This Initial Study was completed in accordance with the Lead Agency's Guidelines implementing the California
Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have
a significant effect on the environment. On the basis of such Initial Study, the Lead Agency's Staff has concluded that the
project will not have a significant effect on the environment, and has therefore prepared a Draft Negative
Declaration/Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency.
The Project site IS on a list compiled pursuant to Government Code section 65962.5.
The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5.
The proposed project IS considered a project of statewide, regional or areawide significance.
The proposed project IS NOT considered a project of statewide, regional or areawide significance.
The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of
Transportation.
The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State
Department of Transportation.
A scoping meeting WILL be held by the lead agency.
NOT be held by the lead agency.
A scoping meeting WILL
If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting,
the date, time and location of the scoping meeting are as follows:
Date:
Time:
Location:
Copies of the Initial Study and Draft Negative Declaration/Mitigated Negative Declaration are on file and are available
for public review at the Lead Agency's office, located at:
Lead Agency address:
Comments will be received until the following date:
Any person wishing to comment on this matter must submit such comments, in writing, to the Lead Agency prior to this
date. Comments of all Responsible Agencies are also requested.
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/
MITIGATED NEGATIVE DECLARATION
NOI to Adopt Neg. Dec., Mit. Neg. Dec.\2010 1
FORM "D"
The Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its
meeting on:
Date:
Time:
If the Lead Agency finds that the project will not have a significant effect on the environment, it may adopt the Negative
Declaration/Mitigated Negative Declaration. This means that the Lead Agency may proceed to consider the project
without the preparation of an Environmental Impact Report.
Date Received
for Filing:
(Clerk Stamp Here)
NOI to Adopt Neg. Dec., Mit. Neg. Dec.\2010 2
Staff
Title
FORM "D"
1. Name or description of project:
2. Project Location Identify street
address and cross streets or attach a
map showing project site (preferably
a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
3. Entity or Person undertaking project:
A.
B. Other (Private)
(1) Name:
(2) Address:
The Lead Agency, having reviewed the Initial Study of this proposed project and having reviewed the written comments
received prior to the public meeting of the Lead Agency, including the recommendation of the Lead Agency's Staff, does
hereby fmd and declare that the proposed project will not have a significant effect on the environment. A brief statement
of the reasons supporting the Lead Agency's findings are as follows:
The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial
Study may be obtained at:
Phone No.:
The location and custodian of the documents and any other material which constitute the record of proceedings upon
which the Lead Agency based its decision to adopt this Negative Declaration are as follows:
Phone No.:
Date Received
for Filing:
Negative Declaration\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NEGATIVE DECLARATION
Staff
FORM "E"
Project Title:
State Clearinghouse Number
(If submitted to SCH):
Contact Person:
Telephone Number:
Specific Project Location Identify street address and cross street or attach a map showing project site (preferably a
USGS 15' or 7 /Z' topographical map identified by quadrangle name):
General Project Location (City and/or County):
Project Description:
1.
The project will have a significant effect on the environment.
The project will NOT have a significant effect on the environment
2.
An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of
CEQA and reflects the independent judgment of the Lead Agency.
A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the
independent judgment of the Lead Agency.
A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects
the independent judgment of the Lead Agency.
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF DETERMINATION
TO: County Clerk
County of Los Angeles
Corp. Div., Room 1101, Env. Desk
12400 E. Imperial Highway
Norwalk, CA 90650
FROM: City of Arcadia
Development Services Department
Community Development Division
240 W. Huntington Drive,
Arcadia, CA 91007
TO:
Office of Planning and Research
P. O. Box 3044, Sacramento, CA 95812 -3044
1400 Tenth Street (overnight or hand delivery)
Sacramento, California 95814
SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources
Code.
This is to advise that the (0 Lead Agency or Responsible Agency) approved the above described project on:
and made the following determinations:
Notice of Determination\2010
1
FORM "F"
3.
Mitigation measures were made a condition of the approval of the project.
Mitigation measures were NOT made a condition of the approval of the project.
4.
A Mitigation Monitoring or Reporting Plan was adopted for this project.
A Mitigation Monitoring or Reporting Plan was NOT adopted for this project.
5.
A Statement of Overriding Considerations was adopted for this project.
A Statement of Overriding Considerations was NOT adopted for this project
6.
Findings were made pursuant to the provisions of CEQA.
Findings were NOT made pursuant to the provisions of CEQA.
7.
This certifies that the location and custodian of the documents which comprise the record of proceedings for the
Final EIR (with comments and responses) or Negative Declaration are available to the general public at the
following location(s):
Custodian:
Location:
Date:
Date Received for Filing:
Signature:
Title:
Notice of Determination\2010
2 FORM "F"
A copy of the Initial Study IS attached.
A copy of the Initial Study IS NOT attached.
The proposed project IS considered a project of statewide, regional or areawide significance.
The proposed project IS NOT considered a project of statewide, regional or areawide significance.
The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of
Transportation.
The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State
Department of Transportation.
A scoping meeting WILL be held by the lead agency.
A scoping meeting WILL NOT be held by the lead agency.
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF PREPARATION
TO: County Clerk
County of Los Angeles
Corp. Div., Room 1101, Env. Desk
12400 E. Imperial Highway
Norwalk, CA 90650
FROM: City of Arcadia
Development Services Department
Community Development Division
240 W. Huntington Drive,
Arcadia, CA 91007
Notice of Preparation\2010
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report.
The [INSERT AGENCY NAME] will be the Lead Agency and will prepare an environmental impact report for the
project identified below. We need to know the views of your agency as to the scope and content of the environmental
information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your
agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project.
The Project description, location, and the probable environmental effects are contained in the attached materials.
1 FORM "G"
Project Title:
Project Location Specific: Identify street
address and cross street or attach a map
showing project site (preferably a U.S.G.S.
15' or 7 ''/2' topographical map identified by
quadrangle name):
Project Description:
Project Applicant (if any):
California Environmental Protection Agency
Hazardous Waste List (if applicable):
If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting,
the date, time and location of the scoping meeting are as follows:
Date:
Time:
Location:
Your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice.
Please send your response to [INSERT NAME] at the address shown above. We will need the name of a contact person
in your agency.
Date:
Signature:
Title:
Telephone:
Consulting firm retained to prepare draft EIR (if applicable):
Name:
Address:
City /State /Zip:
Contact Person:
Notice of Preparation\2010
2 FORM "G"
tU 1V, r-1J I V
PROJECT TITLE
LEAD AGENCY
CONTACT PERSON
STREET ADDRESS
(If no street address is available, attach a map showing project site (preferably a U.S.G.S. 15' or 7 Yz' topographical
map identified by quadrangle name.)
TELEPHONE
CITY
ZIP CODE
COUNTY
PROJECT LOCATION
Office:
COUNTY
CITY /NEAREST COMMUNITY
LAT. LONG.: N/ W
CROSS STREETS
ZIP CODE
TOTAL ACRES
ASSESSOR'S PARCEL NO.
SECTION
TOWNSHIP
RANGE
BASE
WITHIN 2 MILES: STATE HIGHWAY NO.
WITHIN 2 MILES: WATERWAYS
WITHIN 2 MILES: AIRPORTS
WITHIN 2 MILES: RAILWAYS
WITHIN 2 MILES: SCHOOLS
Residential:
Units:
Acres:
NOP
Water Facilities:
Type:
MGD:
Office:
Sq. ft.
Acres:
Employees:
Transportation:
Type:
Commercial:
Sq. ft.
Acres:
Employees:
Mining:
Mineral:
Other.
Industrial:
Sq. ft.
Acres:
Employees:
Power.
Type:
MW:
Educational:
Waste Treatment:
Type:
Recreational:
Hazardous Waste:
Type:
Other.
CEQA
NEPA
OTHER
NOP
Supplement to EIR
NOI
Joint Document
Early Cons
Subsequent EIR
EA
Final Document
Neg Dec
(Prior SCH No.):
Draft EIS
Other.
Mit Neg Dec
Other:
FONSI
Draft EIR
General Plan Update
Specific Plan
Rezone
Annexation
General Plan Amendment
Master Plan
Prezone
Redevelopment
General Plan Element
Planned Unit Development
Use Permit
Coastal Permit
Community Plan
Site Plan
Land Division (Subdivision,
etc.)
Other.
DOCUMENT TYPE
CITY OF ARCADIA
240 W NGTON DRIVE
ARCADIA, CA 91007
NOTICE OF COMPLETION ENVIRONMENTAL DOCUMENT TRANSMITTAL
For U.S. Mail: State Clearinghouse, PO Box 3044, Sacramento, CA 95812 -3044
For Hand Delivery and Overnight Delivery /Street Address: 1400 Tenth Street, Sacramento, CA 95814
SCH No.:
LOCAL ACTION TYPE
DEVELOPMENT TYPE
Notice of Completion Environmental Doc. Transmitta1\2010
1
FORM "H"
PROJECT ISSUES THAT MAY HAVE A SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACT:
Reviewing Agencies Checklist Appendix C
KEY: S Document sent by lead agency
X Document sent by SCH
T Suggested distribution
jead Agencies may recommend State Clearinghouse distribution my marking agencies below:
AestheticNisual
Air Resources Board
Native American Heritage Commission
Boating Waterways, Department of
Office of Emergency Services
Califomia Highway Patrol
Office of Historic Preservation
CalTrans District
0
Parks Recreation
CalTrans Division of Aeronautics
Pesticide Regulation, Department of
CalTrans Planning
Public Utilities Commission
Coachella Valley Mountains Conservancy
Reclamation Board
Coastal Commission
Regional Water Quality Board No.: Resources Agency
Colorado River Board
S.F. Bay Conservation Development Commission
Conservation, Department of
San Gabriel Lower Los Angeles Rivers Mountains Conservancy
Corrections, Department of
San Joaquin River Conservancy
Delta Protection Commission
Santa Monica Mountains Conservancy
Education, Department of
State Lands Commission
Office of Public School Construction
SWRCB: Clean Water Grants
Energy Commission
SWRCB: Water Quality
Fish Game Region
SWRCB: Water Rights
Food Agriculture, Department of
Tahoe Regional Planning Agency
Forestry Fire Protection
Toxic Substances Control, Department of
General Services, Department of
Water Resources, Department of
Health Services, Department of
Other,
Housing Community Development
Other.
Integrated Waste Management Board
PROJECT ISSUES THAT MAY HAVE A SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACT:
AestheticNisual
Geologic/Seismic
Toxic/Hazardous
Agricultural Land
Minerals
Traffic/Circulation
Air Quality
Noise
0
Vegetation
Archaeological /Historical
Population/Housing Balance
Water Quality
Biological Resources
Public Services/Facilities
Water Supply /Groundwater
Coastal Zone
Recreation/Parks
Wetland/Riparian
Drainage/Absorption
Schools/Universities
Wildlife
Economic/Jobs
Septic Systems
Growth Inducement
Fiscal
Sewer Capacity
Land Use
Flood Plain/Flooding
Soil Erosion/Compaction /Grading
Cumulative Effects
Forest Land /Fire Hazard
Solid Waste
Greenhouse Gases
Other.
PRESENT LAND USE/ZONING /GENERAL PLAN USE DESIGNATION:
PROJECT DESCRIPTION (please use a separate page if necessary)
NOTE: Clearinghouse will assign identification numbers for all new proiects. If a SCH number already exists for a pro /ect (e.g. Notice or Preparation or previous draft
document) please fill in.
Notice of Completion Environmental Doc. Transmitta1\2010
Revised 2005
FORM "H"
Local Public Review Period (to be filled in by lead agency):
Starting Date:
Lead Agency (Complete if applicable):
Consulting Firm:
Address:
City /State /Zip:
Contact:
Phone:
Ending Date:
Applicant:
Address:
Clty /State/Zip:
Phone:
Signature of Lead Agency
Representative:
Date:
Notice of Completion Environmental Doc. Transmitta1\2010
For SCH Use Only:
Date Received at SCH
Date Review Starts
Date to Agencies
Date to SCH
Clearance Date
Notes:
FORM "H"
1.
Developer or project sponsor
Name:
9.
Address:
2.
Project Location Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15' or 7 1/2'
topographical map identified by
quadrangle name):
Number of floors of construction:
3.
Assessor's Block and Lot Number
Amount of off street parking
provided:
4.
Person to be contacted regarding
this project
Name:
Address:
Telephone:
5.
Permit Application Number for
project
14.
6.
Existing Zoning District
7.
Proposed use of site (project for
which this form is filed)
8.
Site size:
9.
Square footage:
10.
Number of floors of construction:
11.
Amount of off street parking
provided:
12.
Attach plans:
13.
Proposed scheduling:
14.
Associated projects:
(For private projects, this
Date Filed:
GENERAL INFORMATION
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
ENVIRONMENTAL INFORMATION FORM
form must be completed by private project applicant to assist staff in completing Initial Study)
List and describe any other related permits and other public approvals required for this project, including those required
by city, regional, state and federal agencies:
Environmental Information Form\2010
1
FORM "I"
15. Anticipated incremental
development:
16. If residential, include the number of units, schedule of unit sizes, range of sales prices or rents and type of
household size expected.
17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area
and loading facilities.
18. If industrial, indicate type, estimated employment per shift and loading facilities.
19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities and community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the
application is required.
Are the following items applicable to the project or its effects?
Discuss below all items checked yes (attach additional sheets as necessary).
YES NO
21. Change in existing features of any bays, tidelands, beaches, lakes, hills or substantial alteration of
ground contours.
22. Change in scenic views or vistas from existing residential areas or public lands or roads.
23. Change in pattern, scale or character of general area of project.
24. Significant amounts of solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in vicinity.
26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing
drainage patterns.
27. Substantial change in existing noise or vibration levels in the vicinity.
28. Site on filled land or on slope of 10 percent or more.
29. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or
explosives.
30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.).
31. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.).
Environmental Information Form\2010
2 FORM "I"
YES NO
32. Relationship to a larger project or series of projects.
33. Has a prior environmental impact report been prepared for a program, plan, policy or ordinance
consistent with this project?
34. If you answered yes to question 33, may this project cause significant effects on the environment
that were not examined in the prior EIR?
ENVIRONMENTAL SETTING
35. Describe the project site as it exists before the project, including information on topography, soil stability, plants
and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the
use of the structures. Attach photographs of the site. (Snapshots or instant photos acceptable.)
36. Describe the surrounding properties, including information on plants and animals and any cultural, historical or
scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one family,
apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard,
etc.). Attach photographs of the vicinity. (Snapshots or instant photos acceptable.)
CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and information
presented are true and correct to the best of my knowledge and belief.
Date:
Environmental Information Form\2010
Signature:
For:
3 FORM "I"
1. Project Title:
2. Lead Agency Name and Address:
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
INITIAL STUDY
3. Contact Person and Phone Number:
4. Project Location:
5. Project Sponsor's Name and Address:
6. General Plan Designation: 7. Zoning:
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the
project, and any secondary, support, or off -site features necessary for its implementation. Attach additional
sheet(s) if necessary.)
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.)
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that
is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Biological Resources
Greenhouse Gas Emissions
El Land Use Planning
O Population Housing
0 Transportation Traffic
Initial Study Form\LA Large NPDES\2010
Agriculture Resources
Cultural Resources
O Hazards Hazardous Materials
Mineral Resources
Public Services
El Utilities Service Systems
Page 1 of 16
O Air Quality
0 Geology Soils
O Hydrology Water Quality
O Noise
Recreation
O Mandatory Findings of Significance
FORM "J"
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
El I find that although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project have been made by or agreed to by the project
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
O I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
O I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated"
impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant
to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
O I find that although the proposed project could have a significant effect on the environment, because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to
applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing
further is required.
Signature
Printed Name
EVALUATION OF ENVIRONMENTAL IMPACTS:
Initial Study Form \LA Large NPDES \2010
Date
For
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project specific factors as well as general standards (e.g. the project will not
expose sensitive receptors to pollutants, based on a project- specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as
well as project level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, or less than
significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect
to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross
referenced).
Page 2 of 16 FORM "J"
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief
discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from the earlier
document and the extent to which they address site specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources. A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on
a scenic vista?
b) Substantially damage scenic
resources, including, but not limited
to, trees, rock outcroppings, and
historic buildings within a state
scenic highway?
c) Substantially degrade the existing
visual character or quality of the site
and its surroundings?
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
Initial Study Form\LA Large NPDES\2010 Page 3 of 16
FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
II. AGRICULTURE AND FOREST
RESOURCES. In determining whether
impacts to agricultural resources are
significant environmental effects, lead
agencies may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Dept. of Conservation as an
optional model to use in assessing impacts on
agriculture and farmland. In determining
whether impacts to forest resources,
including timberland, are significant
environmental effects, lead agencies may
refer to information compiled by the
California Department of Forestry and Fire
Protection regarding the state's inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project; and forest carbon
measurement methodology provided in
Forest protocols adopted by the California
Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non agricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined
by Government Code section
51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-
forest use?
Initial Study Form \LA Large NPDES\2010
Page 4 of 16 FORM "J"
Issues:
e) Involve other changes in the existing
environment which, due to their
location or nature, could result in
conversion of Farmland, to non-
agricultural use or conversion of
forest land to non forest use?
III. AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied upon
to make the following determinations.
Would the project:
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
b) Violate any air quality standard or
contribute substantially to an
existing or projected air quality
violation?
c) Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is nonattainment
under an applicable federal or state
ambient air quality standard
(including releasing emissions
which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to
substantial pollutant concentrations?
e) Create objectionable odors affecting
a substantial number of people?
IV. BIOLOGICAL RESOURCES. Would the
project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
Initial Study Form \LA Large NPDES\2010
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 5 of 16 FORM "J"
Issues:
b) Have a substantial adverse effect on
any riparian habitat or other
sensitive natural community
identified in local or regional plans,
policies, regulations or by the
California Department of Fish and
Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on
federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct removal,
filling, hydrological interruption, or
other means?
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat
conservation plan?
V. CULTURAL RESOURCES. Would the
project:
a) Cause a substantial adverse change
in the significance of a historical
resource as defined in 15064.5?
b) Cause a substantial adverse change
in the significance of an
archaeological resource pursuant to
15064.5?
c) Directly or indirectly destroy a
unique paleontological resource or
site or unique geologic feature?
Initial Study Fonn \LA Large NPDES \2010
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 6 of 16 FORM "J"
Issues:
d) Disturb any human remains,
including those interred outside of
formal cemeteries?
VI. GEOLOGY AND SOILS. Would the
project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury or
death involving:
Rupture of a known earthquake
fault, as delineated on the most
recent Alquist Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
Strong seismic ground shaking?
iii) Seismic- related ground failure,
including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or
the loss of topsoil?
c) Be located on a geologic unit or soil
that is unstable, or that would
become unstable as a result of the
project, and potentially result in on-
or off -site landslide, lateral
spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as
defined in Table 18 1 B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not
available for the disposal of waste
water?
Initial Study Form\LA Large NPDES\2010
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 7 of 16 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
VII. GREENHOUSE GAS EMISSIONS. Would
the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
b) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emission of
greenhouse gases?
VIII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste
within one quarter mile of an
existing or proposed school?
ci) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant to
Government Code section 65962.5
and, as a result, would it create a
significant hazard to the public or
the environment?
e) For a project located within an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or
public use airport, would the project
result in a safety hazard for people
residing or working in the project
area?
Initial Study Form\LA Large NPDES \2010
Page 8 of 16 FORM ".1"
Issues:
f) For a project within the vicinity of a
private airstrip, would the project
result in a safety hazard for people
residing or working in the project
area?
g)
Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a
significant risk of loss, injury or
death involving wildland fires,
including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with
wildlands?
IX. HYDROLOGY AND WATER QUALITY.
Would the project:
a) During project construction, will it
create or contribute runoff water that
would violate any water quality
standards or waste discharge
requirements, including the terms of
the City's municipal separate
stormwater sewer system permit?
b) After the project is completed, will
it create or contribute runoff water
that would violate any water quality
standards or waste discharge
requirements, including the terms of
the City's municipal separate
stormwater sewer system permit?
c) Provide substantial additional
sources of polluted runoff from
delivery areas; loading docks; other
areas where materials are stored,
vehicles or equipment are fueled or
maintained, waste is handled, or
hazardous materials are handled or
delivered; other outdoor work areas;
or other sources?
Initial Study Form\LA Large NPDES\2010
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 9 of 16 FORM "3"
Issues:
J)
d) Discharge stormwater so that one or
more beneficial uses of receiving
waters or areas that provide water
quality benefit are impaired?
Beneficial uses include commercial
and sportfishing; shellfish
harvesting; provision of freshwater,
estuarine, wetland, marine, wildlife
or biological habitat; water contact
or non contact recreation; municipal
and domestic supply; agricultural
supply; and groundwater recharge.
e) Discharge stormwater so that
significant harm is caused to the
biological integrity of waterways or
water bodies?
Initial Study Form\LA Large NPDES\2010
Violate any water quality standards
or waste discharge requirements?
Substantially deplete groundwater
supplies or interfere substantially
with groundwater recharge such that
there would be a net deficit in
aquifer volume or a lowering of the
local groundwater table level (e.g.,
the production rate of pre- existing
nearby wells would drop to a level
which would not support existing
land uses or planned uses for which
permits have been granted)?
h) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, in a
manner which would result in
substantial erosion or siltation on- or
off -site?
i) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, or
substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or off -site?
Significantly increase erosion, either
on or off -site?
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 10 of 16 FORM "J"
Issues:
k) Create or contribute runoff water
which would exceed the capacity of
existing or planned storm water
drainage systems?
1) Significantly alter the flow velocity
or volume of storinwater runoff in a
manner that results in environmental
harm?
in) Otherwise substantially degrade
water quality?
n) Place housing within a 100 -year
flood hazard area as mapped on a
federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard delineation map?
o) Place within a 100 -year flood hazard
area structures which would impede
or redirect flood flows?
p) Expose people or structures to a
significant risk of loss, injury or
death involving flooding, including
flooding as a result of the failure of
a levee or dam?
q) Expose people or structures to
inundation by seiche, tsunami, or
mudflow?
X. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established
community?
b) Conflict with any applicable land
use plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not limited
to the general plan, specific plan,
local coastal program, or zoning
ordinance) adopted for the purpose
of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural
community conservation plan?
Initial Study Form \LA Large NPDES\2010
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 11 of 16 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
XI. MINERAL RESOURCES. Would the
project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
b) Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
XII. NOISE. Would the project result in:
a) Exposure of persons to or generation
of noise levels in excess of
standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies?
b) Exposure of persons to or generation
of excessive groundborne vibration
or groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project
vicinity above levels existing
without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in
the project vicinity above levels
existing without the project?
e) For a project located within an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or
public use airport, would the project
expose people residing or working
in the project area to excessive noise
levels?
f) For a project within the vicinity of a
private airstrip, would the project
expose people residing or working
in the project area to excessive noise
levels?
Initial Study Form\LA Large NPDES\2010
Page 12 of 16 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
XIII. POPULATION AND HOUSING. Would
the project:
a) Induce substantial population
growth in an area, either directly
(for example, by proposing new
homes and businesses) or indirectly
(for example, through extension of
road or other infrastructure)?
b) Displace substantial numbers of
existing housing, necessitating the
construction of replacement housing
elsewhere?
c) Displace substantial numbers of
people, necessitating the
construction of replacement housing
elsewhere?
XIV. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse
physical impacts associated with the
provision of new or physically
altered governmental facilities, need
for new or physically altered
governmental facilities, the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
XV. RECREATION. Would the project:
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
Initial Study Form\LA Large NPDES \2010
Page 13 of 16 FORM "J"
Issues:
b) Does the project include recreational
facilities or require the construction
or expansion of recreational
facilities which have an adverse
physical effect on the environment?
XVI. TRANSPORTATION TRAFFIC. Would
the project:
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance of the circulation
system, taking into account all
modes of transportation including
mass transit and non motorized
travel and relevant components of
the circulation system, including but
not limited to intersections, streets,
highways and freeways, pedestrian
and bicycle paths, and mass transit?
b) Conflict with an applicable
congestion management program,
including, but not limited to, level
of service standards and travel
demand measures, or other
standards established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic
patterns, including either an increase
in traffic levels or a change in
location that results in substantial
safety risks?
d) Substantially increase hazards due
to a design feature (e.g., sharp
curves or dangerous intersections)
or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency
access?
f) Conflict with adopted policies,
plans, or programs regarding public
transit, bicycle, or pedestrian
facilities, or otherwise decrease the
performance or safety of such
facilities?
Initial Study Form1LA Large NPDES\2010
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Page 14 of 16 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
XVII. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment
requirements of the applicable
Regional Water Quality Control
Board?
b) Require or result in the construction
of new water or wastewater
treatment facilities or expansion of
existing facilities, the construction
of which could cause significant
environmental effects?
c) Require or result in the construction
of new storm water drainage
facilities or expansion of existing
facilities, the construction of which
could cause significant
environmental effects?
d) Have sufficient water supplies
available to serve the project from
existing entitlements and resources,
or are new or expanded entitlements
needed? In making this
determination, the City shall
consider whether the project is
subject to the water supply
assessment requirements of Water
Code Section 10910, et. seq. (SB
610), and the requirements of
Government Code Section 664737
(SB 221).
e) Result in a determination by the
wastewater treatment provider
which serves or may serve the
project that it has adequate capacity
to serve the project's projected
demand in addition to the provider's
existing commitments?
f) Be served by a landfill with
sufficient permitted capacity to
accommodate the project's solid
waste disposal needs?
g)
Initial Study Form\LA Large NPDES \2010
Comply with federal, state, and local
statutes and regulations related to
solid waste?
Page 15 of 16 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal
community, substantially reduce the
number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history
or prehistory?
b) Does the project have the potential
to achieve short-term environmental
goals to the disadvantage of long-
term environmental goals?
c) Does the project have impacts that
are individually limited, but
cumulatively considerable?
"Cumulatively considerable" means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects, the effects of
other current project, and the effects
of probable future projects.)
d) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
Initial Study Form\LA Large NPDES\2010
Page 16 of 16 FORM "J"
Project Title:
Project Location Specific; Identify
street address and cross streets or
attach a map showing project site
(preferably a USGS 15' or 7 1/2'
topographical map identified by
quadrangle name):
Project Location City:
Project Location County:
Description of Nature, Purpose, and Beneficiaries of Project:
Lead Agency:
Division
Date when project noticed to public:
Address where copy of the EIR is available:
Review Period:
Contact Person:
Contact Person's Telephone (Area
Code/Extension:
Notice of Availability of Draft EIR\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF AVAILABILITY OF DRAFT EIR
FORM "K"
Date Submitted:
CEQA Lead Agency:
Lead Agency Contact Phone Number
Lead Agency Address:
SCH Number or County Filing Number
and local agency project/case number:
CEQA Document Type (the type of
document prepared for your project by the
CEQA Lead Agency):
Applicant Name and Contact Phone
Number (if applicable):
Applicant Address (if applicable):
Project Title:
Project Location (include the street
address, lat/long, range /township /section,
or other description that clearly indicates
the location of the project site. Include an
aerial or topographic map of the project
site):
Project Description (include details such as
new construction [with square footage],
demolition of existing buildings, adaptive
reuse of existing buildings, zoning
amendments, general plan amendments,
conditional use for sale of alcoholic
beverages, etc.) Use additional sheets if
necessary:
To: DEPARTMENT OF FISH AND GAME
South Coast Regional Office
4949 Viewridge Avenue
San Diego, CA 92123
Information: (858) 467 -4201
FAX: (858) 467 -4299
http://www.dfg.ca.gov
Environmental Review and Permitting
1416 Ninth Street, Suite 1260
Sacramento, California 95814
REQUEST FOR FEE EXEMPTION\LA/Orange /San
Diego /Santa Barbara\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
California Department of Fish and Game
No Effect Determination Request Form
1
FORM "L"
Justification for No Effect Determination
(explain how the proposed project is
consistent with Title 14 Section 753.5(d)
CCR):
Facts Supporting Fee Exemption:
1. An Initial Study has been prepared by the Lead Agency to evaluate the project's effects on fish and
wildlife resources, if any.
2. The Lead Agency hereby finds that there is substantial evidence that the project will have no effect on fish
or wildlife.
3. The project will have NO EFFECT on the following resources:
DECLARATION:
(A) Riparian land, rivers, streams, watercourses and wetlands;
(B) Native and non -native plant life and the soil required to sustain habitat for fish and wildlife;
(C) Rare and unique plant life and ecological communities dependant on plant life;
(D) Listed threatened and endangered plants and animals and the habitat in which they are believed
to reside;
(E) All species listed as protected or identified for special management in the Fish and Game Code,
the Public Resources Code, the Water Code or regulations adopted thereunder;
(F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game
and the ecological communities in which they reside; and
(G) All air and water resources, the degradation of which will individually or cumulatively result in a
loss of biological diversity among the plants and animals residing in that air and water.
Based on the Lead Agency's evaluation of potential adverse effects on fish and wildlife resources, the Lead
Agency believes the project will have no effect on fish or wildlife resources, as defined in Section 711.2 of the Fish and
Game Code.
Signature Lead Agency Representative
Title:
Lead Agency:
Date:
REQUEST FOR FEE EXEMPTION\LA/Orange /San 2. FORM "L"
Diego /Santa Barbara\2010
To whom it may concern:
You are receiving this notice because you commented on the Draft EIR for the following Project:
Project Name:
Project Description:
Project Location Identify street address and
cross streets or attach a map showing project site
(preferably a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
The Draft EIR prepared for this project has been revised.
The entire Draft EIR is being recirculated. Your prior comments remain part of the administrative record, but
they are no longer applicable to the Draft EIR that is under consideration. The Final EIR will not provide a
response to your prior comments. Should you wish to comment on the revised Draft EIR, you will need to
submit new comments.
or portions of the
and only those parts
being recirculated:
Only the following chapters
Draft EIR have been revised,
of the revised Draft EIR are
Your comments should be limited to those parts of the revised Draft EIR that are being recirculated.
Your comments need not be limited to those parts of the revised Draft EIR that are being recirculated.
Should you have any questions about this notice, please contact:
Staff:
Title:
Telephone Number:
E -Mail:
Date Received
for Filing:
(Clerk Stamp Here)
Notice of Recirculation\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF RECIRCULATION
Staff
Title
FORM "M"
[Date]
[To:]
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
Re: Water Supply Assessment for Project within the City of
Dear M(r /s.)
We have received an application from [project proponent] for the following project
"Project
[list applications and briefly describe project]
We have consulted with each other and have mutually agreed that your
[District/Agency /Company] is a public water system that may provide water service to
the Project. We have also mutually agreed that the Project is subject to the water supply
assessment requirements of Water Code sections 10910 10912. Pursuant to Water Code
section 10910, [City /County] requests [District/Agency /Company] to submit a water
supply assessment for the Project on or before which is within 90 days of
the date of this request. We concurrently request the [District/Agency /Company] to state
whether the projected water demand associated with the Project was included as part of
the [City's or County's] most recently adopted Urban Water Management Plan. Please
contact me to confirm receipt of this request.
Thank you for your cooperation in this matter. If you have any questions about this
request, please contact me at your earliest convenience.
[Name]
[Title]
REQUEST FOR WATER SUPPLY ASSESSMENT\2010 FORM "N"
[Date]
[To:]
Re: Water Supply Verification for Project within the City /County of
Dear M(r /s.)
[Subdivision proponent] has submitted to the [City or County] an application for tentative map
(No. 1141 44) for the following subdivision "Subdivision
[insert project description]
[City /County staff has determined that the application is complete. Pursuant to Government
Code section 66455.3, we are enclosing a copy of the application.]
[We have consulted with each other and have mutually agreed that your
[District/Agency /Company] is a public water system that may provide water service to the
Subdivision. We have also mutually agreed that the Subdivision is subject to the water supply
verification requirements of the Subdivision Map Act.] Pursuant to Government Code section
66473.7(b)(1), [City or County] requests [District/Agency /Company] to submit a water supply
verification for the Subdivision on or before which is within 90 days of the date
of this request. Please contact me to confirm receipt of this request.
Thank you for your cooperation in this matter. If you have any questions about this request,
please contact me at your earliest convenience.
WATER SUPPLY VERIFICATION REQUEST\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
[Name]
[Title]
FORM "0"
PLEDGE OF ALLEGIANCE
ROLL CALL:
OTHERS ATTENDING
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, March 9, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 9,
2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive
with Chairman PerriIle presiding.
PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu and PerriIle
ABSENT: None
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Assistant Planner, Tim Schwehr
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit
per person
None
PUBLIC HEARINGS
1. MODIFICATION APPLICATION NO. MC 10 -03
245 W. Walnut Avenue
Jean Ni on behalf of the property owner, Jingming Luo
Referred by Modification Committee on February 23, 2010
The applicant is requesting a Modification to permit a 796 square -foot attic that has been
converted into a third -floor within the existing residence.
Assistant Planner, Tim Schwehr, presented the staff report.
Commissioner Beranek asked staff to explain why this request does not qualify as an
unreasonable hardship. Mr. Schwehr explained that the hardship has to be based on a
unique physical characteristic of the property that prevents the owners from enjoying the
same rights and privileges as other property owners in this zone.
Commissioner Hsu asked how many three story houses are in Arcadia and Mr. Schwehr
said that there are none.
Commissioner Baerg asked if the applicant was planning to add any bathrooms. Mr.
Schwehr said that the applicant is planning to add two bathrooms and one was to be located
on the third floor. However, during a routine inspection of the project, the City Building
Inspector found the stairway and third floor living area and informed the applicant that he
needed to apply for a Modification.
Chairman Parrille noted that this case was reviewed by the Modification Committee and they
found there to be outlets and lighting in the third floor and that there was evidence that it was
being used as a living area. Mr. Schwehr pointed out that they also have heating and air
conditioning there and the area is Carpeted.
Commissioner Hsu asked if the third floor bathroom is permitted, would the project comply
with city codes. Mr. Schwehr explained that, if approved, a condition would be attached
requiring compliance with all city codes.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
Mr. Low, the homeowner, and his associate, Ginny, said that they would like the stairway to
remain.
Commissioner Hsu asked Mr. Low if the stairway was there when he bought the house. Mr.
Low said that the stairway was installed by the previous owner and it has been there for 20
years. He further noted that the stairway is needed to access the attic and that he has no
plans to use the attic as a bedroom even though he applied for a permit to install a bathroom
there. He plans to use the area as a loft and is willing to forgo the installation of a bathroom
but wants the stairway to remain to allow safe access to the attic.
Commissioner Parrille asked the applicant when the house was purchased and if the
previous owner made any disclosure regarding the third floor. Ginny said it was purchased
in October of 2009 and that Mr. Low was not informed that there was any problem with the
stairway or attic.
Commissioner Baderian asked if the applicant still wanted to install a bathroom on the third
floor. Ginny said that they are willing to give up their plans for the bathroom but still want to
keep the stairway and attic as they are.
Commissioner Baderian asked if Mr. Low read the conditions of approval in the staff report
and if he is in agreement with them.
Ginny said that Mr. Low is not in agreement with the conditions because he would prefer to
keep the staircase. The conditions state that at the completion of any future sale, the
staircase must be removed but Mr. Low would prefer that it remain in place permanently.
Chairman Parrille asked if anyone wanted to speak in opposition to this project.
PC MINUTES
3-9-10
Page 2
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
Chairman Parrille said that if the stairway is allowed to remain, the next buyer will also
assume that the third floor is livable space and the issue will recur.
Commissioner Baderian agreed and noted that Recommendation No. 2 requires restoral of
the area to storage space and removal of the staircase.
MOTION:
It was moved by Commissioner Baderian, seconded by Chairman PerriIle to deny
Modification Application No. MC 10 -03.
Commissioner Beranek asked if a Covenant could be used to prevent any new owner from
using the area as livable space. Mr. Schwehr said that a covenant had been discussed but
the city attorney was not asked to prepare one.
Commissioner Beranek wished to confirm that a yes vote supports denial of the application.
Chairman Parrille said that he is correct.
Commissioner Baerg asked if a third story on the building would violate zoning regulations.
Mr. Kasama explained that the current height restriction is 30 feet or two stories but when
this home was built the height restriction was 35 feet and two stories. The proposed
Modification is to allow a height of 35 feet with three stories.
ROLL CALL
AYES: Baderian, Hsu and Parrille
NOES: Baerg and Beranek
There is a five working day appeal period after the Planning Coms is for denial and no is for
allowmission decision. Appeals to the City Council are to be filed by 5 :30 p.m. on
Wednesday, March 17, 2010.
2, REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 09-09 (RESOLUTION NO.
1801)
510 -512 E. Live Oak Ave. (between Hempstead Ave. and Lenore Ave.)
Michael Hsiao (designer) Cafe Fusion
Consideration of revocation of a Conditional Use Permit granted on October 27, 2009, for a
960 square -foot expansion to an existing 2,040 square -foot restaurant. The status of the
permit was reviewed by the Planning Commission on February 9, 2010.
Assistant Planner, Tim Schwehr, presented the staff report.
Chairman Parrille asked if the Commissioners had any questions for staff.
PC MINUTES
3-9-10
Page 3
Commissioner Beranek asked if staff was recommending a continuance.
Mr. Schwehr said a continuance should be considered only if the Commission is willing to
consider other parking options or allow more time for the property owner to negotiate with
his neighbors.
Mr. Kasama explained that a continuance would be appropriate only if the applicant wishes
to try to renegotiate with the owner of 600 E. Live Oak for parking or if the Commission
wants to reconsider allowing parking across the street. He said any other arrangement
would require a new Conditional Use Permit. However, if the condition cannot be met, there
is no point in having the applicant invest more capital pursuing other improvements and the
Commission may consider revocation of the Conditional Use Permit.
Chairman Parrille asked if the restaurant can continue operating if the Conditional Use
Permit is revoked. Mr. Kasama explained that the older part of the restaurant can continue
to operate.
Commissioner Hsu asked if staff had recently assessed the parking situation at Cafe Fusion.
Mr. Kasama said that staff noticed that there has been less parking demand at the
restaurant and that, overall, it appears that the business at all the restaurants in the area is
down.
The public hearing was opened.
Chairman Parrille asked if anyone from Cafe Fusion would like to address the Commission.
Mr. Chen, the applicant, said that he has been struggling to get the parking issues resolved
for a long time. He spoke to the owner at 529, 610 and 6189 E. Live Oak and they are all
willing to lease space to him on a monthly basis but they are reluctant to enter into a
Covenant. He said he would like more time to pursue this option.
Chairman Parrille asked if there was anyone else who would like to address the Commission
on this item.
None
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the
Public Hearing. Without objection the motion was approved.
Commissioner Baderian pointed out that the Commission has indicated any parking across
the street would not be acceptable for safety reasons. Further, the applicant was unable to
persuade the nearby property owners on the same side of the street, to enter into a
Covenant that would allow him to use their parking lots. Therefore, Commissioner Baderian
reasoned, there doesn't seem to be any altemative but to revoke the Conditional Use Permit
based on the fact that parking for the current use of the facility is not adequate.
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Commissioner Hsu noted that the owner tried to secure a Covenant but the other property
owners had concerns about the consequences of this type of agreement. He suggested
allowing the applicant more time to seek their cooperation.
Chairman Parrille suggested a continuance to April 13, 2010.
MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Baerg to continue the
consideration of the Revocation of Conditional Use Permit No. CUP 09 -09 (Resolution No.
1801) to April 27, 2010.
Commissioner Baderian asked if a revocation would require all equipment to be removed.
Mr. Kasama confirmed that the equipment would have to be removed.
Commissioner Beranek pointed out that it's been almost a year since these issues surfaced
and there has been no real progress towards resolving them.
Chairman Parrille suggested amending the motion to state that no further continuance will
be allowed after April 27, 2010.
ROLL CALL:
AYES: Commissioners Baerg, Hsu, and Parrille
NOES: Beranek and Baderian
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There will be a five working day appeal period
after the adoption of the Resolution.
CONSENT ITEMS
3. RESOLUTION 1813
A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving
Conditional Use Permit No. CUP 10-01 to operate a tutoring center with up to 80 students
within 4,313 square -feet of existing office space on the second -floor of the commercial
shopping center at 1135 W. Huntington Drive.
There is a five working -day appeal period after the adoption of the Resolution.
4. RESOLUTION 1814
A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving
Tentative Parcel Map No. TPM 09 -08 (71182) and the renewal of Residential- Mountainous
Development Permit No. RM 07 -01 for the subdivision and development of an approximately
90 -acre property generally located north of the terminus of Vista Avenue and north and
northwest of Canyon Road.
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5. MINUTES OF FEBRUARY 23, 2010
MOTION:
It was moved by Commissioner Baderian seconded by Commissioner Beranek, to adopt
Resolution 1813 and Resolution 1814 and to approve the minutes of February 23, 2010 as
presented. Without objection the motion was approved.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
None
MODIFICATION COMMITTEE MEETING ACTIONS
Chairman Perrille reported that the Modification Committee approved Modification No. MC
10 -02 for a reduced side yard setback to accommodate air conditioning units under the
condition that the applicant will use new, quieter units, encased in special blankets to
reduce noise.
MATTERS FROM STAFF
ADJOURNED to April 27, 2010 7:40 p.m.
ATTEST:
Ms. Kasama briefly reviewed the upcoming projects for consideration by the Commission.
Since there are no cases scheduled for March 23 and the City election will be held on April
13, he suggested adjouming the meeting to April 27, 2010.
Secretary, Planning Commission
Chairman, Planning Commission
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