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Resolution - 6455RESOLUTION NO. 6455 A RESOLUTION OF THE CITY COUNCIL OF'THE CITYI: OF WEST COVINA ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 1. • The City Council of the City of West Covina does resolve as follows: Section.11. Authority These procedures are adopted to implement the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the State Guidelines ("State Guidelines"), 14 California Administrative Code Section 15000 et seq. Section 2. Relationship to State Guidelines The City Council by Resolution No. 6158 has heretofore adopted the State Guidelines by incorporation by reference. These implementing procedures are not meant to replace the State Guide- lines but to implement and tailor the general provisions of the State Guidelines to the specific operations of the City of West Covina. If any section of this resolution is in conflict with or contrary to any p,rovisiori of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control. Section 3. Delegation of Responsibility to Planninq Director The Planning Director shall be responsible for the following CEQA functions: • (1) Determination of whether a project is exempt; (2) Conduct o-f an nitial:Ls.tudy_;auT; (3) Preparation of a Negative Declaration or EIR; (4) Determination that a Negative Declaration has been completed within a period of 105 days; (5) Preparation of responses to public comments; (6) Certification that the Planning Commission or City Council has.received and considered an EIR or Negative Declaration; (7) Filing of Notices. Section 4. Procedures for Identifying Activities Exempt from CEQA A. Application of CEQA The requirements of CEQA apply to all projects which may have a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in quastion may have a significant effect on the environment, the requirements of CEQA do not apply. Such activities include the statutory exemp- tions set forth in Article 6.5 of the State Guidelines, projects over which the City of West Covina has only ministerial authority and activities which are found to be categorically exempt. B. Ministerial Permits (1) Issuance of building permits (2) Issuance of business licenses (3) Approval of final subdivision maps (4) Approval of individual utility service connections (5) Issuance 6f health regulatory licenses (6) Issuance of a permit to operate by Air Pollution Control District • C. Categorical Exemptions The City Council of the City of west Covina hereby finds those classes of activities set forth in Sections 15101 through 15127 of the State Guidelines to be categorically exempt with the following exceptions: (1) Location. Classes 3, 4, 5, 6 and 11 of the State Guidelines are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sen- sitive environment be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state,or local agencies. (2) Cumulative Impact. All exemptions for these -classes are inapplicable when the cumulative impact of successive projects of the same bype in the same place, over time is significant - for example, annual additions to an existing building under Class I of the State Guidelines. • (3) Significant Effect. A categorical examption shall not be used for an activity where there is a reasonable possi- bility that the activity will have a significant effect on the environment due to unusual circumstances. Section 5. Procedures for the Conduct of Initial Studies A. If a project is subject to the requirements of CEQA and not exempted by these Guidelines, the Planning Director shall conduct an Initial Study to determine if the project may have a significant effect on the environment unless the Planning Director can determine that the project will clearly have a significant effect. If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. To meet the requirements of this section, the Planning Director may use an Initial Study prepared pursuant to the National Environmental Policy Act. B. Contents. An Initial Study shall contain in brief form: (1) A description of the project including the location of the project. • (2). An identification of the environmental setting. (3) An identification of environmental effects by use of a checklist, matrix, or other method. (4) A discussion of ways to mitigate the significant effects identified, it any. (5) An examination of whether the project is compatible with existing zoning and plans. E (6) The name of the person or persons who prepared or participated in the Initial Study. C. Uses (1) The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project. • (2) Where a project is revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared instead of an EIR. If the project would still result in.'one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared.. (3) The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. D. Submission of.Data. If the project is to be carried out by a private person or private organization, the Planning Director may require such person or organization to submit data and information which will enable the Planning Director to prepare the Initial Study. E. Format. Sample forms for an applicant's project description and a review form for use by the Planning Director are attached as Appendices 1 and 2. When used together, these forms would meet the requirements for an Initial Study. • F. Consultation. As soon as a Planning Director has determined that a project is not exempt and that an initial study will be required to determine whether a Negative Declaration or an EIR is required, the Planning Director shall consult with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project as required by Section 15066 (b) of the State Guide- lines. Section. Procedures for the Preparation of Negative Declaration A. General. A Negative Declaration "shall be prepared for a project which could potentially have a significant effect on the environment, but which the Planning Director finds on the basis of an Initial Study will not have a significant effect on the environment. B. Consultation. Before completing a Negative Declaration, the Planning Director shall consult with all Responsible Agencies pursu- ant to Section 15066 of the State Guidelines. This consultation may take place during the public review period required by Subsection (F) of Section 5. C. Contents. A Negative Declaration shall include: (1) A brief description of the project, including a commonly used name for the project if any. • (2) The location of the project and the name of the project proponent. (3) A finding that the project will not have a significant effect on the environment. (4) An attached copy of the Initial Study documenting reasons to support the findings. (5) Mitigating measures, if any, included in the project to avoid potentially significant effects. 3 D. Notice. Notice of the preparation on a Negative Declaration mailed to all property owners contiguous to the project and all organizations and individuals who have previously reque9ted such notice and shall also be given by publication, no fewer times than required by Section 6061 of the Government Code in a local newspaper. When applicable notice shall also be provided in accordance with. Section 26-206 of the West Covina Municipal Code. Said public notice shall state that the Negative Declaration is available for inspection • at the Planning Department office and at the main West Covina Branch of the Los Angeles County Library located at 1601 West Covina Parkway, West Covina, California. E. Consideration. Prior to approving the project, the Planning Commission or t e City Council shall consider the Negative Declar- ation together with any comments received during the,public review process and approve or disapprove the Negative Declaration. F. Notice of Determination. (1) After the Planning Commission of the City Council makes a decision to carry out or approve a project for which a Negative Declaration has been prepared, the Planning Director shall file a Notice of Determination. (2).; The Notice of Determination shall 'include: (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 on which the agency approved the project. • (d) The determination of the agency that the project will not have a significant effect on the environment. (e) A=statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA. (f) The address where a copy of the Negative Declaration may be examined. (3)?) The Notice of Determination shall be filed with the county clerk of the County of Los Angeles. If the project requires a discretionary approval from any State agency, the Notice of Determination also shall be filed with the Secretary for Resources. (4) The filing of the Notice of Determination starts a 30-day statute of limitations on court challenges to the approval under CEQA. (Public Resources Code Section 21167(b). Section 7. Procedures for the Preparation of EIR's The following steps shall be followed after the Planning Director decides that an EIR should be prepared. A. General. When a Planning Director decides that an EIR will be required d for a project, he or she shall follow the procedures con- tained ihtthis section. It shall be the responsibility of the developer to prepare (or have prepared) a draft EIR for private projects. The City will not use the developer's EIR as its own but will conduct an independent eval- uation and analysis of said EIR. B. Early Consultation. (1). After determining that an EIR will be required for a project, 4 the Planning Director shall send a Notice of Preparation to each Responsible Agency and Trustee Agency responsible for resources affected by the project and consult with those agencies as required by Section 15066 of the State Guidelines. (2) Prior to completing the draft EIR, the Planning Director should also consult directly with any person or organization it believes will be concerned with the environmental effects of.the project. • (3). For projects where federal involvement might require preparation of a federal EIS`, the Planning Director under CEQA shall consult with the appropriate federal agencies as provided in Section 15063 of the State Guidelines. C. Notice of Completion. As soon as the draft EIR is completed, a notice of completion must be filed with the Secretary for the Resources Agency. The notice shall include a brief description of the project, its proposed location, and an address where copies of the EIR are available and the period during which comments will be received. D. Public Review. (1) After the draft EIR is completed, the Planning Director shall consult with and obtain comments from public agencies having jurisdiction by law with respect to the project and should consult with persons having special expertise with respect to any environmental impact involved. The Planning Director shall provide the general public with an oppor- tunity to comment on the EIR. (2) The Planning Director shall provide public notice of the completion of a draft EIR at the same time as it sends a Notice of Completion to the Resources Agency. Notice shall • be mailed to owners of property contiguous to the proposed project and to all organizations and individuals who have previously requested such notice and shall also be given by publication, no fewer times than required by Section 6061 of the Government Code, in a local newspaper. When applicable, notice shall also be provided in accordance with Section 26-206 of the West Covina Municipal Code. Said notice shall state that the draft EIR is available for public inspection at the Planning Department office and at the main West Covina Branch of the Los Angeles County Library located at 1601 West Covina Parkway, West Covina, C.Alifornia. (3) The Planning Director shall use the. State Clearinghouse to distribute EIRs and other environmental documents to state agencies for review and should use areawide clearinghouses to distribute the documents to regional and local agencies. (5) Public hearings may be conducted on the environmental docu- ments, either in separate proceedings or in conjunction with oth:erzproceedings of the Planning Commission or City Council. E. Evaluation by Lead Agency. The Planning Commission or City Council shall evaluate comments received from persons who reviewed the draft EIR. • F. Preparation of Final EIR. The Planning Director shall prepare (.or cause to be prepared) a final EIR. The contents of a final EIR are specified in Article 9, Section 1514 of the State Guidelines. G.. Certification of Final EIR. The final EIR shall be presented to the Planning Commission or the City Council, which shall certify that the final EIR has been completed in compliance with CEQA and the State Guidelines and that it has reviewed and considered the infor- mation contained in the EIR prior to the approval of the project. 5. H. Notice of Determination. (1) After approving a project for which an EIR has been pre- ED pared, the Planning Director shall file a Notice of Determination. Such notice shall include:. (a). An identification of the project including its common name where possible and its location. (b) A briefdescription of the project. (c) The date when the Planning Commission or City Council approved the project. (d) The determination of the Planning Commission or City Council whether the project in its approved fort 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 a Statement of Overriding Considerations was adopted for the project. (h) The address where a copy of the EIR and the record of project approval may be examined. (2) The Notice of Determination shall be filed with the County Clerk of the County of Los Angeles. If the project requires discretionary approval from a state agency, the notice shall also be filed with the Secretary for Resources. (3) The filing of the Notice of Determination starts a 30-day statute of limitations on court challenges to the approval under CEQA. (Public Resources Code Section 21167(c)) Section 8. Time Limits. A;, When the Planning Commission or City Council is acting as a Lead Agency for a project for which the Planning Commission or City Council will grant a lease, license,'permit, certificate, or other entitlement for use, the Planning Commission or City Council shall complete and certify an EIR in not more than one year or complete a Negative Declaration in not more than 105 days. (1) Completion of a Negative Declaration within a 105-day period shall include the conduct of an initial sttdy, public review, and the preparation of a document ready for approval by the Planning Commission or City Council. Completion within the 105-day period need not include the approval of.the Negative Declaration by the Planning Commission or City Council. Prior to approving a project, the Planning Commission or City Council shall consider and approve the Negative Declaration. (2) Different time limits may be established for different types • of projects subject to the 105-day and one.year maximum time limits. (3) The time limits shall be measured from the date on which an application requesting approval for the project is received and acdepted as complete by the Planning Director. L (4) In the event that compelling circumstances justify additional time and the project applicant agrees to the extension; the Planning Commission or the City Council may grant a reasonable extension of the time periods contained in ---his section. (5). The Planning Commission or the City Council may waive the one-year time period or the 105.-day period if all the • following conditions occur: (a) The project will require both an EIR or a Negative Declaration under CEQA and an EIS or a Finding or .No Significant Impact under the National Environmental •Plicy Act. (b). Additional time will be required to prepare a combined EIR-EIS or a combined Negative Declaration under both laws. (c) The time required to prepare such a combined document would be less than the time required to prepare each document separately, and (d) The applicant has requested or consented to the waiver. (61 If the Planning Commission.or City Council waives the time periods as•provided in Subsection (5), the Planning Commission or City Council must approve or disapprove the project within 60 days after the combined document under CEQA and NEPA has been completed. (Government Code Section 65951) (7) Within 45 days after accepting an application as complete for a project involving issuance of a lease, permit, license, certificate, or other entitlement for use, the Planning Dire.ctor°l�shall make an initial determination of whether the project will need an EIR or a Negative Declaration. (8) The Planning Director shall convene a meeting with one or more Responsible Agencies to discuss the scope and content of a proposed EIR as soon as possible but not later than 30 days after the meeting is requested as provided in Section 15066(e) of the State Guidelines. Section 9. Fees A. Fees shall be paid in accordance with Section 10501.04 of the West Covina->'Municip.ai )Code`:. B. Members of the.General Public requesting copies of an EIR may be charged for the actual cost of reproducing the copy. See attached appendices 1 and 2. APPROVED AND ADOPTED THIS 23rd DAY OF November , 1981. Ma3Wr ATTEST: /4 City` Clerk-& 7 I hereby certify that the foregoing Resolution was duly adopted by The City Council of the City of West Covina -at a regular meeting thereof held on the 23rd day of November 1981, by the following vote of the Council: • AYES: Councilmen: Bacon, Tennant, Chappell, Tice, Shearer NOES: Councilmen t None ABSENT: Councilmen: None APPROVED AS TO FORM: • c. City Cierk a Date Filed ENVIRONMENTAL INFORMATION FORM (To be completed by applicant) (5 copies) •. GENERAL INFORMATION 1. Name of developer or project sponsor: Address of the above one: 2. Address or location of project: 3.• Name of project leader or coordinator: Address: Phone: 4. Indicate number(s) of the permit application(s) for the project to which this form pertains: 5. Existing zoning: 6. General Plan designation: 7. Proposed use of site: 8. Proposed zoning: B. PROJECT DESCRIPTION (Include Precise Plan or Development Plan, where applicable) 1. Site size: 2. Square footage of building coverage: 3. Number of floors in building(s): _4. Total floor area:' 5. Amount of off-street parking provided: 6. Proposed scheduling (phasing) of current development and any antici- pated future development: 7. If residential, include the number of units, schedule of unit sizes, .range of sale prices or rents, and type of household size expected: APPENDIX 1 Page Two B. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: • 9. If industrial, indicate type, estimated employment per shift, and loading facilities: 10. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities,.and community benefits to be derived from the project: 11. If public works, indicate the kind, whether it is taking place with- in the existing public right-of-way, and whether it is replacing an existing system or facility: 12. If the project involves a variance, unclassified use permit, rezoning application, or general plan redesignation, state this and indicate clearly why the application is required: 13. Are the following items applicable to the project or its effects? • Discuss below all items checked yes (attach additional sheets as necessary). YES NO a. Change in existing topography (a substantial altera- tion of ground contours). b. Change in scenic views or vistas from existing resi- dential areas or public lands or roads. c. Change in pattern, scale or character of general area of project. d. Significant amounts of solid waste or litter. e. Change in dust, ash, smoke, fumes or odors in vicinity. f. Change in stream or ground water quality or quantity, or alteration of existing drainage patterns. g. Substantial change in existing noise or vibration levels in the vicinity. YES NO Page Three h. Site on filled land or on slope of 10 percent or more. i. Use or disposal of potentially hazardous materials, • such as toxic substances, flammables or explosives. j. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) k. Substantially increase fossil fuel consumption (elec- tricity, oil, natural gas, etc.) 1. Relationship to a larger project or series of projects. C. ENVIRONMENTA.L SETTING 1. 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 photo- graphs of the site. Snapshots or polaroid photos will be accepted. 2. 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 polaroid photos will be accepted. D. CERTIFICATION: I hereby certify that the statements furnished above and in the attach ed 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 Signature For e A. 0 B. 0 Date Completed ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency)' J (5 copies) BACKGROUND 1. Name of developer or project sponsor: Address and phone number of above: 2. Address or location of project: 3. Name of project leader or coordinator: 4. Lead Agency: 5. Date Environmental Information Form Submitted: 6. Agency Requiring Form: 7. Name of proposal, if applicable: 8. Project Proposal: ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are provided on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features: e. Any increase in wind or water erosion of soils, either on or off the site? f. Change in natural drainage or man-made runoff facilities. YES MAYBE NO APPENDIX 2 V C� CJ Page Two YES MAYBE NO g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors: c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 3. Water. Will the proposal result in:' a. Change in absorption rates, drainage patterns, or the rate and amount of surface water runoff? b. Alterations to the course or flow of flood waters? C. Change in the amount of surface water in any water body? d. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? e. Alteration of the direction or rate of flow of ground waters? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g. Substantial reduction in the amount of water otherwise available for public water supplies? h. Exposure of people or property to water re- lated hazards such as flooding? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs,. grass, crops and microflora? • 5. 6. • 7. 8. 9. 10. Page Three YES MAYBE NO b. Reduction of the number of any unique, rare or endangered species of plants? C. Introduction of new species of plants into - an area, or in a barrier to the normal re- plenishment of existing species? d.! Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in? a. Change in the diversity of species, or numbers of any species of animals (birds, mammals, reptiles, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing wildlife habitats? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? Risk of U set. Does the proposal involve a risk of an,exp osion or the release of hazardous sub- stances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Page Four YES MAYBE NO 11. Population. Will the proposal alter the location distribution, density, or growth rate of the human population of an area? • 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? . 14. Public Services.- Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: 0 a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? 0 Page Five YES MAYBE NO b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? • 16. Utilities. Will the proposal result in a need o r new systems, or substantial alterations to the following utilities: 17. . 18. 19. 20. 21. a. Power or natural gas? b. Communications system? c. Water? d: Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ b. Exposure of people to potential health hazards? _ Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ Archaeological(Historical. Will the proposal result in an alteration of a significant archaeo- logical or historical site, structure, object or building? _ Mandatory Findings or 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 • i Page Six YES MAYBE NO below self sustaining levels, threaten to eliminate a plant or animal community, 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, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? C. DISCUSSION OF ENVIRONMENTAL EVALUATION D. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: Z% Staff finds that the proposed project COULD NOT have a signi- ficant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Z% Staff finds that although the proposed project COULD have a significant effect on the environment, there will not be a significant effect in this case because the mitigating measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. Z-7 Staff finds the proposed -project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re- quired. Date Signature For