Loading...
Resolution - 8342RESOLUTION NO. 8342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING RESOLUTION 6455 AND ADOPTING • PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of West Covina does resolve as follows: Section 1. Authority These procedures are adopted to implement the California Environmental Quality Act ("CEAQ"), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines ("State Guidelines"), 14 California Administrative Code Section 15000 et seg. All times as set out herein shall be calendar days unless otherwise indicated. Section 2. Relationship to State Guidelines The City Council by Resolution No. 6158 has heretofore adopted the State Guidelines by incorporation by reference. Resolution No. 6158 is confirmed herein. Resolution No. 6455 established implementation procedures. Resolution No. 6455 is repealed in its entirety and superceded by this Resolution. The procedures established herein implement and tailor the general provisions of the State Guidelines to the specific operations of the City of West Covina. This Resolution is not intended to replace the State Guidelines. If any section of this Resolution is in conflict with or contrary to any provision of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control. Section 3. Delegation of Responsibility to Planning Director The Planning Director shall be responsible for the following CEQA functions: (1) Determining whether a project is exempt; (2) Conducting an initial study; (3) Determining whether a Negative Declaration must be prepared; (4) Preparing a Negative Declaration; (5) Determining whether a Draft EIR must be prepared; (6) Preparing an EIR; (7) Determining that a Negative Declaration has been completed within a period of 105 days or an EIR within a period of one year from the date an application has been accepted as complete; (8) Preparing responses to comments on environmental notices; (9) Filing notices required or authorized by CEQA, the State Guidelines, or this Resolution; (10) Consulting with and obtaining comments from other public agencies and the public; CEQA/CC/RES Page 2 • (12) Assuring adquate opportunity and time for public review and public commentary. Develop procedures for monitoring and enforcing mitigation conditions. Section 4. Preliminary Review A. Review for Completeness The Planning Director shall determine whether an application for a permit or other entitlement for use is complete and notify the applicant in writing within 30 days from the receipt of the application. If the application is incomplete, the notice shall list and thoroughly describe the specific information required to complete the application. (Upon resubmittal of the application, a new 30-day period shall begin.) If no written determination of the completeness of the application is made within that period, the application will be deemed complete on the 30th day. If the application and materials are determined to be incomplete, within 15 days of receipt of the notice the applicant may appeal the decision in writing to the Planning Commission. The Planning Commission shall issue a written determination within 45 days after receipt of the written appeal. B. Review for Exemption As part of the preliminary review, the Planning Director shall determine whether a particular activity is exempt from CEQA. If the Planning Director determines that an activity is exempt from CEQA, no further CEQA processing is required and the Planning Director shall issue a Notice of Exemption as set forth in Section 5 (D) herein. Section 5. Procedures for Identifying Acti A. Application of CEQA The requirements of CEQA apply to all discretionary projects which may have a significant effect on the environment. In particular, CEQA applies to discretionary private projects that are carried out, approved or financed by a public agency. Possible exemptions from CEQA include the following: (1) The activity is not a project; or (2) The project is statutorily exempt pursuant to Article 18 of the State Guidelines; (3) The project is categorically exempt pursuant to Article 19 of the State Guidelines; and (4) It can be established with certainty that there is no possibility that the activity may have a significant effect on the environment. CEQA/CC/RES Page 3 B. Ministerial Projects Or Permits A ministerial project is one approved or denied by a decision which a public official or a public agency makes that involves only the use of fixed standards and objectives without personal judgement or discretion. Ministerial projects are exempt from the requirements of CEQA and no environmental documents are required. The following is a non-exclusive list of actions which the City Council has determined to be ministrial in nature: (1) Approval of final subdivision maps; (2) Approval of individual utility service connections and disconnections; (3) Issuance of health regulatory licenses; (4) Issuance of zone clearances; (5) Issuance of permits to install individual sewage disposal systems; (6) The issuance of a building permit shall be deemed a ministerial act if the Planning Department exercises no discretion in the issuance of the building permit. If the permit involves both discretionary and ministerial actions, the permit shall not be deemed a ministerial act. C. Categorical Exemptions The City Council of the City of West Covina hereby fnds those classes of activities set forth in Sections 15301 through 15329 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 the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particulary sensitive 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 of these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant; for example: annual additions to an existing building under Class I of State Guidelines. (3) Significant Effect. A categorical exemption shall not Be n6Afl tit aii a6eivity h+t ave th6io 16 a keaadriabla - possibility that the activity will have a significant effect on the environment due to unusual circumstances. CEQA/CC/RES Page 4 — D. Notice of Exemption • If the Planning Director determines that a project is exempt, then after approval of the project he or she shall cause to be filed a Notice of Exemption in the form and manner required by the State Guidelines. The notice shall be filed with the County Clerk of Los Angeles County. Section 6. Procedures for Conducting Initial Studies A. Determination That Initial Study Should Be Conducted If a project is subject to the requirements of CEQA and the Planning Director does not determine that it is exempt, the Planning Director shall conduct an Initial Study to determine if the project may have a significant effect on the environment. If it can be determined that an EIR will be clearly required for a project, then further initial review of the project is not requried, and work can begin directly on the EIR process. 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 in the case of a federal project. The Planning Director shall determine whether or not a project may have a significant effect on the environment. If the Planning Director determines that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, the Planning Director shall cause a Negative Declaration to be prepared. 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. The existence of a public controversy does not, without more evidence of a significant enviornmental impact, require preparation of an EIR. Public comments relative to and/or inlcuded in an EIR are not determinative of whether the project may have a significant effect on the environment. b. Contents. An Initial Study shall contain in brief form: (1) A description of the project including the location of the project. (2) A description 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, if any. • (5) An examination of whether the project is consistent with existing zoning, plans, and other applicable land use controls. (6) The name of the person or persons who prepared or participated in the Initial Study. CEQA/CC/RES Page 5 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) When the Initial Study concludes that no EIR is necessary, the preliminary document shall also provide documentation of the factual basis for concluding that a Negative Declaration will suffice. (4) 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. Any person may submit any information in any form to assist the Planning Director in preparing an Initial Study. E. Format. Forms for an applicant's project description and a review form for use by the Planning Director shall be provided by the Planning Department. When used together, these forms shall meet the requirements for an Initial Study. These forms shall provide for a substantive, written description of the project and its potential effects. F. Consultation. As soon as the Planning Director has determined that a project is not exempt and that an initial Study will be required to determined whether a Negative Declaration or an EIR is requiied, the Planning -Department shall consult with all Responsible Agenices and all Trustee Agencies responsible for resources affected by the project as required by Section 15063(g) of the State Guidelines. During or immediately after preparation of an Initial Study for a private project, the Planning Department 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. G. Time Limits. • The Planning Director shall determine within 30 days after accepting an application as complete whether it is necessary to prepare an EIR or a Negative Declaration (or use a previously prepared EIR or Negative Declaration). The 30-day period may be extended 15 days upon the consent of the Planning Department and the project applicant. CEQA/CC/RES — — Page 6 Section 7. Procedu • Declara A. General. which: es for the Preparation of Negative A Negative Declaration shall be prepared for a project (1) The Planning Director finds, on the basis of an Initial Study, will not have a significant effect on the environment; or (2) Where the Initial Study identified potential effects, but the effects have been mitigated to the point of insignificance.. B. Consultation. Before completing a Negative Declaration, the Planning Director shall consider the proposed Negative Declaration together with any comments received during the public review process pursuant to Section 15074 (b) of the State Guidelines. C. Contents. A Negative Declaration circulated for public review 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 proposed 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 finding; and (5) Mitigation measures, if any, including in the project to avoid potentially significant effects. D. Public Notice. Notice that the Planning Commi Negative Declaration shall be provided adoption of the Negative Declaration b The noticed public review period shall order to provide members of the public respond to the proposed finding before approved. ssion proposes to adopt a to the public prior to y the Planning Commission. not be less than 15 days in with sufficient time to the Negative Declaration is CEQA/CC/RES Page 7 A copy of the notice with the proposed Negative Declaration shall be 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. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: (1) Publication at least one time by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or (2) Posting of notice on and off site in the area where the project is to be located; or (3) Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. 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 shall consider the Negative Declaration together with any comments received during the public review process and approve or disapprove the Negative Declaration. F. Approval. The Planning Commission shall approve the Negative Declaration by separate resolution if it finds on the basis of the Initial Study and any comments received that there is not substanital evidence that the project will have a significant effect on the environment. G. Appeal of Planning Commission Approval. Any interested party may appeal the Planning Commission's approval of the Negative Declaration or mitigated Negative Declaration to the City Council by filing with the City Clerk a written statement of the basis for the appeal and the filing fee within the time periods specified below: (1) Within 20 days of the Planning Commission's approval for cases involving an Unclassified Use Permit, Precise Plan, or Variance when not in conjunction with a General Plan Amendment or Zone Change. (2) Within 5 business days of the Planning Commission's approval for cases involving a General Plan Amendment or Zone Change. 0 CEQA/CC/RES Page 8 • The City Clerk shall schedule a public hearing on the appeal to be held by the City Council within 30 days of its receipt or a time period as otherwise specified by City Council. The Planning Commission secretary shall be notified of the apeal and shall transmit the entire file to the City Clerk immediately. The City Clerk shall give notice of the hearing in the same manner as notice of the Planning Commission's consideration of the proposed Negative Declaration or mitigated Negative Declaration was given, and notice shall be given by first class mail to the project proponent and party bringing the appeal to be received at least 10 calendar days before the hearing. At the hearing, the City Council shall consider all oral and written testimony and may uphold, modify or deny the approval, including addition, deletion or modification of any mitigation measures. The City Council also may refer the Negative Declaration or mitigated Negative Declaration back to the Planning Commission for additional information and review, and shall set a date to the Planning Commission to report back to the City Council. The hearing may be continued from time -to -time by the City Council until concluded. Any report from the Planning Commission shall be considered at a public hearing (or at the continued appeal hearing) after renotification in the same manner as set out above for notice of the appeal. At the close of the hearing, the Council shall by Resolution announce its decision to uphold, deny or uphold with modifications the approval of the Negative Declaration or mitigated Negative Declaration, and shall clearly state any modification, deletion or addition of mitigation measures. within 10 calendar days of the Council's action, a copy of the Resolution shall be (1) mailed to all those receiving notice of the hearing; and (2) given to the Planning Director. The decision of the City Council shall be final. In the event the City Council denies the Planning Commission's approval, the Planning Commission shall revise the proposed Negative Declaration or prepare an EIR pursuant to these procedures, and may extend time periods as set out in Section 9. H. Notice of Determination. (1) After the Planning Commission makes a decision to carry out or approve a project for which a Negative Declaration has been prepared, (providing the decision has not been appealed) or after the City Council has upheld approval of the Negative Declaration, (including where the Council has modified, added or deleted mitigation measures) the Planning Director shall file a Notice of Determination. CEQA/CC/RES Page 9 • • (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 provision of CEQA; and (f) The address where a copy of the Negative Declaration may be examined. (3) The Notice of Determination shall be filed within 5 business days with the County Clerk of Los Angeles County. If the project requires a discretionary approval from any State agency, the Notice of Determination also shall be filed with the office of Planning and Research within the same time period. Section 8. Procedures for the Preparation of EIR's A. Decision to Prepare an EIR. When a Planning Director decides that an EIR will be required for a project, he or she shall follow the procedures contained in this section. B. Notice of Preparation. (1) Immediately after determining that an EIR will be required for a project, the Planning Director shall send a Notice of Preparation by certified mail or other method of transmittal which provides it with a notice that the Notice has been received, to each Responsible Agency, Trustee Agency responsible for resources affected by the project and to each federal agency involved in approving or funding the project. (2) The agencies to which a Notice of Preparation is sent shall have 30 days to respond. If an agency fails by the end of the 30-day period to respond, or make a well -justified request for additional time to respond, it shall be presumed that the agency has no response to make and the Planning Director may ignore a late response. C. early Ctlnaultation. (1) Prior to completing the draft EIR (DEIR), the Planning Director should also consult directly with any person or organization he or she believes will be concerned with the environmental effects of the project. CEQA/CC/RES Page 10 • (2) Where the Planning Director, a Responsible Agency, a Trustee Agency or the project applicant has requested a meeting between representatives of the agencies invloved to assist in determining the scope and content of a proposed EIR, the Planning Director shall convene such a meeting as soon as possible, but not later than (30) days after receiving the request for the meeting pursuant to Section 15082 (3)(c) of the State Guidelines. (3) For projects where federal involvement might require preparation of a federal EIS, the Planning Director shall consult with the appropriate federal agencies. D. Notice of Completion. As soon as the DEIR is completed, a notice of completion must be filed with the Office of Planning and Research. The notice shall include a brief description of the project, its proposed location, an address where copies of the DEIR are available and the period during which comments will be received. E. Public Review. (1) After the DEIR 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 opportunity to comment on the DEIR. (2) The Planning Director shall provide public notice of the completion of a DEIR at the same time as it sends a Notice of Completion to the Office of Planning and Research. 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 the Government Code, in a local newspaper of general circulation. Said notice shall state that the DEIR 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, California. (3) The Planning Director may use the State Clearinghouse to distribute DEIRs and other environmental documents to state agencies for review and should use area -wide clearinghouses to distribute the documents to regional and local agencies. F. EVdludtion by Pldnning commission. The Planning Director shall evaluate comments received from persons who reviewed the DEIR and shall prepare a written response to each comment. CEQA/CC/RES Page 11 • G. Preparation of Final EIR. The Planning Director shall prepare a final EIR before approving the project. The contents of a final EIR are specified in Section 15120 of the State Guidelines. H. Certification of Final EIR. The legislative body which gives final approval of the project shall certify that the final EIR has been completed in compliance with CEQA, and that the final EIR was presented to it and it reviewed and considered the information contained in the final EIR prior to approving the project. I. Appeal of Certification of EIR. Any interested person may appeal the Planning Commission's certification of the EIR by filing with the City Clerk a written statement of the basis for the appeal and the filing fee within the time periods specified below: (1) Within 20 days of the Planning Commission's certification for cases involving an Unclassified Use Permit, Precise Plan, or Variance when not in conjunction with a General Plan Amendment or Zone Change. (2) Within 5 business days of the Planning Commission's certification for cases involving a General Plan Amendment or Zone Change. An EIR certification by the City Council is not appealable. The City Clerk shall schedule a public hearing on the appeal to be held by the City Council within 30 days of its receipt or a time period as otherwise specified by City Council. The Planning Commission secretay shall transmit the entire file to the City Clerk immediately. The City Clerk shall give notice of the hearing in the same manner as notice of the Planning Commission's certification of the EIR was given, and notice shall be given by first class mail to the project proponent and party bringing the appeal to be received at least 10 calendar days before the hearing. At the hearing, the City Council shall consider all oral and written testimony and may uphold, modify or deny the certification, including the addition, deletion or modification of any mitigation measures. The City Council also may refer the EIR back to the Planning Commission for additional information and review, and shall set a date to the Planning Commission to report back to the City Council. The hearing may be continued from time -to -time by the City Council until concluded. • Any report from the Planning Commission shall be considered at a public hearing (or at the continued appeal hearing) after renotification in the same manner as set out above for notice of the appeal. CEQA/CC/RES Page 12 • At the close of the hearing, the Council shall by Resolution announce its decision to uphold, deny or uphold with modifications the certification of the EIR and shall clearly state any modification, deletion or addition of mitigation measures. Within 10 calendar days of the Council's action, a copy of the Resolution shall be (1) mailed to all those receiving notice of the hearing; and (2) given to the Planning Director. The decision of the City Council shall be final. In the event the City Council denies the Planning Commission's certification, the Planning Commission shall revise the EIR pursuant to these procedures, and may extend time periods as set out in Section 9. J. Notice of Determination. (1) After approval a project for which an EIR has been prepared, providing no appeal has been filed as set out above or the City Council has upheld a Planning Commission certification of an EIR, 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 brief description of the project. (c) The date when the Agency approved the project. (d) The determination of the Planning Commission whether the project in its approved form 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 filled within 5 business days with the County Clerk of Los Angeles County. If the project requires discretionary approval • from a state agency, the notice shall also be Piled with the Office of Planning and Research within the same time period. (3) The filing of the Notice of Determination starts a 30-day statute of limitations on court challenges to the approval under CEQA. CEQA/CC/RES Page 13 • Section 9. Mitigation Monitoring Program and Enforcement of Mitigation Measures. A. A Mitigation Monitoring Program in the form of a contract shall be established by the City and signed by the project appicant as part of a Negative Declaration or EIR. The purpose of the Program is to ensure compliance with any mitigation measures required as part of the Negative Declaration or EIR both during and after project construction. This Program shall be established prior to project construction and shall be required and enforceable as a condition of approval of the unclassified use permit, precise plan or other discretionary approval for the project. The City may, as part of the program, require the applicant, or responsible or trustee agency, to submit written, detailed plans for their reporting or monitoring of a mitigation condition that was incorporated into the Negative Declaration or EIR at their request. B. It shall be the responsibility of the applicant, or responsible or trustee agency, to provide advance written notice to the City of intent to commence any project implementation phase and submit at such time any required monitoring or reporting plans. Should the applicant, or responsible or trustee agency, fail to report to the City, all permits, precise plans or other discretionary approvals for the project may be revoked by the City. C. The applicant shall provide written notice to all contractors involved with the construction of the project, and potential property owners or tenants of the project, of he Mitigation Monitoring Program requirements. Section 10. Time Limits. A. General. Preparation and review of environmental documents shall be done within,the time periods set out here. Preparation of an EIR should not cause undue delays in the processing of applications for permits or other entitlements to use. The Planning Director may disapprove a project application where there is unreasonable delay in meeting requests. The Planning Director may allow a renewed application to start at the same point in the process where the application was when it was disapproved. The Planning Commission shall either: complete and certify the final EIR within one year after the date when the Planning Commission accepts the application as complete, although the one year time limit may be extended once for a period of not more than 90 days upon consent of the Planning Commission and the applicant; or, complete a Negative Declaration in not more than 105 days. (1) Completion of a Nbgaeive Daelakdeian witnLh a 109=aay period shall include the conducting of an Initial Study, public review, and the preparation of a document ready for approval by the Planning Commission. Completion within the 105-day period need not include the approval of the Negative Declaration by the Planning Commission. Prior to approving a project, the Planning Commission shall consider and approve the Negative Declaration. CEQA/CC/RES Page 14 • (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 accepted as complete by the Planning Director. (4) In the event that compelling circumstances justify additional time and the project applicant agrees to extension, the Planning Commission may grant a reasonable extension of the time periods contained this section. B. Projects with Federal Involvement. (1) The Planning Commission may waive the one-year time period or the 105-day period if: (a) The project will be subject to the National Environmental Policy Act, the in (b) Additional time will be required to prepare a combined EIR-EIS or a combined Negative Declaration finding of no significant impact as provided in Section 15222 of the State Guidelines, and (c) The time required to prepare such a combined document would be less than the time required to prepare each document separately. (2) The time limits for taking final action on a permit for a development project may also be waived where a combined EIR-EIS will be prepared. (3) The time limits for processing permits for development projects under Government Code §§ 65950-65960 shall not apply if federal statutes or regulations require time schedules which exceed the state limits. In this event, any state agencies involved shall make a final decision on the project within the federal time limits. Section 11. Fees. A. If a project is to be carried out by any person or entity other than the City, the Planning Director may collect a reasonable fee from such person or entity to recover the estimated costs incurred in preparing an EIR or Negative Declaration. B. Fees shall be paid in accordance with the West Covina Municipal Code. r 1 LJ CEQA/CC/RES Page 15 C. Members of the General Public requesting copies of an EIR • may be charged for the actual cost of reproducing the copy. APPROVED AND ADOPTED this 22nd day of May , 198 9 Mayor ATTEST: VG� City Clerk 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 22nd day of May 1989 , by the following vote of the Council: AYES: Councilmembers: Tarozzi, McFadden, Lewis, Bacon NOES: Councilmembers: None ABSENT:: Councilmembers: Manners City Clerk APPROVED AS TO FORM: City Attorney