Resolution - 5042q
RESOLUTION NO. 5042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA ADOPTING REVISED GUIDELINES AND
PROCEDURES FOR THE EVALUATION OF THE ENVIRONMENTAL
• IMPACT OF PROPOSED PUBLIC OR PRIVATE PROJECTS.
The City Council of the City of West Covina does
resolve as follows:
SECTION 1. Authority.
The following guidelines and procedures are adopted
in compliance with the requirements of Section 21082 of the
California Public Resources Code (California Environmental
Quality Act of 1970, referred to hereafter as "CEQA") and
Section 15014 of the Guidelines for Implementation of the
CEQA (referred to hereafter as the "State EIR Guidelines")
adopted by the Secretary for the Resources Agency of the
State of California, on February 3, 1973.
SECTION 2. Relationship to the State Guidelines.
. The following guidelines and procedures adapt and
apply the CEQA to projects, private or public, proposed for
the City of West Covina. These guidelines and procedures are
not intended to replace the State EIR Guidelines, but are
meant to implement them. If any section of this resolution
is found to be in conflict or contrary to any provision of
the State EIR Guidelines, the provisions of the State EIR
Guidelines shall control.
• If a question or situation arises that is not
provided for in this resolution, the State EIR Guidelines
shall be complied with.
SECTION 3. Activities Not Subject to Environmental
Impact Evaluation Process.
The requirements of this resolution apply to 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 question may have a significant effect on
the environment, the requirements of this resolution do not
apply. Such activities include, but are not limited to, the
following:
A. 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 of health regulatory licenses.
6. Issuance of permit to operate by Air
Pollution Control District.
B. Emergency Projects
1. Projects undertaken, carried out, or
approved by a public agency to main-
tain, repair, restore, demolish or
replace property or facilities damaged
or destroyed as a result of a disaster
• in a disaster stricken area in which
a state of emergency has been proclaimed
by the Governor, pursuant to Chapter 7
(commencing with Section 8550) of Division
1, Title 2, of the Government Code.
2. Emergency repairs to public service
facilities necessary to maintain service.
3. Projects undertaken as immediate action
necessary to prevent or mitigate an
emergency.
C. Feasibility and Planning Studies.
A project involving only feasibility or planning
studies for possible future actions which the agency, board,
or commission has not approved, adopted, or funded does not
require the preparation of an environmental impact report but
does require consideration of environmental factors.
D. Categorical Exemptions.
1. Class 1: Existing Facilities
Class 1 consists of the operation, repair,
maintenance or minor alteration of existing
. public or private structures, facilities,
mechanical equipment, or topographical
features, involving negligible or no expan-
sion of use beyond that previously existing,
including but not limited to:
a. Interior or exterior alterations in-
volving such things as interior part-
itions, plubbing, and electrical con-
veyances;
b. Existing facilities of both investor
and publicly owned utilities used to
convey or distribute electric power,
natural gases, sewage, etc.;
C. Existing highways and streets, side-
walks, gutters, bicycle and pedestrian
trails, and similar facilities;
d. Restoration, or rehabilitation, of
deteriorated or damaged structures,
facilities or mechanical equipment to
meet current standards of public health
• and safety, unless it is determined that
the damage was substantial and resulted
from an environmental hazard such as
earthquake, landslide or flood;
-2-
e. Additions to existing structures, pro-
vided that the addition will not result
in an increase of more than 50 percent
of the floor area of the structure before
the addition or alteration, or 2500
square feet, whichever is less;
• f. Addition of safety or health protection
devices for use during construction of,
or in conjunction with, existing structures,
facilities or mechanical equipment, or
topographical features (including
navigational devices) where these devices
do not have or result in an adverse
environmental impact;
g. New copy on existing on and off -premise
signs;
h. Maintenance of existing landscaping,
native growth and water supply reservoirs,
(excluding the use of economic poisons,
as defined in Division 7, Chapter 2,
California Agricultural Code);
i. Maintenance of wildlife habitat areas,
stream flows, springs and water holes,
and stream channels (clearing of debris)
to protect fish and wildlife resources.
j. Division of existing multiple family
rental units into condominiums.
k. Demolition and removal of buildings and
• related structures, except where they
are of historical, archaeological or
architectural consequence, as officially
designated by Federal, State or local
governmental action.
2. Class 2: Replacement or Reconstruction.
Class 2 consists of replacement or recon
struction of existing structures and facili-
ties where the new structure will be located
on the same site as the structure replaced
and will have substantially the same purpose
and capacity as the structure replaced,
including but not limited to:
a. Replacement or reconstruction of existing
schools and hospitals to provide earth-
quake resistant structures which do not
increase capacity more than 50/.
b. Replacement of a commercial structure
with a new structure of substantially
the same size and purpose.
• 3. Class 3: New Construction*.
a. New single family dwellings (not more
than 1 unit).
0
b. Motels, apartments and duplexes (1
structure of 4 or fewer dwelling units).
-3-
•
•
•
C. Accessory structures and appurtenances
(garages, swimming pools, etc.).
d. Commercial facilities (1 structure
designed for occupancy by 20 or fewer
persons).
e. Utility extensions to serve such con-
struction.
f. Accessory structures to such construction.
4. Class 4*
Minor alterations in the existing condition
of publicly or privately owned land, water
or vegetation, including, but not limited to:
a. Grading on land with a slope of less than
10 percent, except where it is to be
located in,a waterway, in -any -wetland,
in an officially designated (by Federal,
State or local governmental action)
scenic area, or in officially mapped
areas of severe geologic hazard.
b. New gardening or landscaping but not
including tree removal.
C. Filling of earth into previously excavated
land with material compatible with the
natural features of the site.
d. Minor alterations in land, water and
vegetation on existing officially'
designated wildlife management areas of
fish -production facilities which result
in improvement of habitat for fish and
wildlife resources or greater fish
production.
e. Minor temporary uses of land having
negligible or no permanent effects on
the environment, including carnivals,
sales of Christmas. trees, etc.
5. Class 5*
Minor alteration in land use regulations,
except zoning, that do not result in the
creation of any new parcel nor in any change
in land use or density, including adjustment
plats, side yard and setback variances,
issuance of minor encroachment permits,
changes in conditions applying to a permitted
use, changes in conditions applying to a
conditional use, and minor deviation from a
plot plan.
6. Class 6
Data collection, research, experimental
management and resource evaluation activities
which do not result in serious disturbance
of an environmental resource.
we
7. Class 7
Regulatory actions by public agencies for
protection, including maintenance, restoration,
or enhancement of a natural resource.
8. Class 8
Regulatory actions by public agencies for
protection of the environment, such as
deletion of a permitted use or conditional
use in.an existing zone, and amendments to
Flood Plain Ordinance and Interim Sign
Ordinance.
9. Class 9
Inspections for maintenance of performance,
safety, health, or quality.of products.
10. Class 10
Loans mady.by the Department of Veterans'
Affairs pursuant to the Farm and Home Purchase
Act of 1943.
11. Class ll*
Construction of minor accessory structures
appurtenant to existing commercial, industrial,
or institutional facilities not resulting
in intensification of land use, such as on -
premise signs and small parking lots, changes
in conditions applying to a permitted use or
conditional use, and addition/deletion of
an accessory use to a permitted or conditional
use.
12. Class 12*--
Sales of surplus government property, not
including land.
13. Class 13
Acquisition of lands for fish and wildlife
conservation purposes, including preservation
of fish and wildlife habitat, establishing
ecological reserves under Fish and Game Code
Section 1580, and preserving access to public
lands and waters where the purpose of the
acquisition:is to preserve the land in its
natural condition.
14. Class 14
Minor additions, including portable classrooms,
to existing schools, where the addition does
• not increase original student capacity by
more than 25% or five classrooms, whichever
is less.
*Projects which are part of Classes 3, 4, 5,-11, and
12 are not exempt if they are located in any areas of
environmental sensitivity, which may be hereafter
designated, precisely mapped, and adopted by law. In
addition, if the cumulative impacts of successive:-
-5-
projects in the same place over time is significant,
the exemptions do not apply. Further, the judgement
of the Environmental Review Board will prevail in
any case of conflict regarding a categorical exemption.
E. Projects Presently Under Way.
• Projects approved prior to December 5, 1972, do not
require preparation of an Environmental Impact Report or Neg-
ative Declaration, unless such approval has been challenged
prior to the effective date of this resolution for non-compliance
with the CEQA. This sub -paragraph does not apply to applications
for time extensions or permit renewals.
SECTION 4. Non -Exempt Projects.
Those project activities which are not classified as
either ministerial projects, emergency projects, feasibility
and planning studies, or categorically exempt, are non-exempt
projects and require the preparation of either an EIR or a
Negative Declaration. If one or more parts of a complex project
are classified as non-exempt, the entire project shall be con-
sidered non-exempt, even if some parts are classified as min-
isterial or categorically exempt.
SECTION 5. Environmental Assessment.
A. Prior to accepting an application, the Planning
Director shall determine whether a proposed
action is exempt, as delineated in Section III
of these guidelines. If it is not exempt, an
environmental assessment will be made to determine
whether or not the proposed project will have a
significant effect upon the environment.
B. If it is determined that a proposed project may
have a significant effect upon the environment,
it will be necessary for a Negative Declaration
or an EIR to be prepared.
C. Material necessary to conduct the environmental
assessment shall be provided by the applicant,
as required by the Planning Director. Said
material shall include (but not be limited to)
a questionnaire assessing the environmental impact
of a proposed project.
D. The Planning Director shall make the final deter-
mination as to whether a Negative Declaration or
an EIR shall be necessary for a proposed project.
SECTION 6. Negative Declaration.
A. A Negative Declaration shall be prepared for a
project which in the opinion of the Planning
Director will have no significant effect on the
environment.
• B. The determination of whether or not a Negative
Declaration is appropriate for a'proposed
project shall be based on.whether or not the
proposed project is in conformance with the
General Plan, Zoning Ordinance, any specific
area plans, and is consistent with existing
development in the subject area.
! M.
C. The Negative Declaration shall be prepared by
the Planning Director and shall include the
following:
1. a description of the proposed project;
2. a finding that the project will not have a
• significant effect on the environment; and
3. the reasons upon which the findings of no
significant effect on the environment were
based.
A Negative Declaration shall not exceed one page
in length.
D. Procedures and Filing
1. Notice of the public hearing before the Planning
Commission of the proposed project and the
Negative Declaration shall be mailed to all
property owners within the area specified by
the application -and published in a local
newspaper at least thirty (30) days before
the hearing date. Said public notice shall
state that the Negative Declaration is
available for public inspection at the Planning
Department office and at the West Covina
Branch of the Los Angeles County Public Library.
2. Upon acceptance or rejection of the Negative
Declaration and/or proposed project by the
Planning Commission, a.Notice of Determination
shall be filed with the County Clerk.
• 3. A resolution documenting the findings and
action of the Planning Commission -shall be
attached to the Negative Declaration, and
shall become a permanent part of the file
for the proposed project.
SECTION 7. Contents and Procedures for Environmental
Impact Reports.
A. Contents*
.The Environmental Impact Report shall contain
(but not be limited to) the following items,
each being sufficient to identify and develop
the information required.
1. Project Description
a) The precise location and boundaries of
the proposed project shall be shown on
a detailed map, preferably topographic.
The location of the project shall also
appear on a regional map.
. b) A statement of the objectives sought
by the proposed project.
c) A general description of the project's
technical, economic, and environmental
characteristics, considering the principal
engineering proposals.
-7-
•
O
2. A Description of the Environmental Setting
of the Project
This section should describe the environ-
mental surroundings as they exist without
(before) the project. Discussion should
include the immediate area of the project and
• the regional aspects of the environment which
surround the project area. It should address
itself to natural and man-made features and
to the present uses of the area.
3. Environmental Impact of the Proposed Action
Describe all environmental effects (direct
and indirect) anticipated from the project,
giving due consideration to both the long
and short term effects. The description
should include all significant changes in
the region's air, water, and land resources.
Include in this discussion any significant
changes in land use or densities which may
occur as a result of the project.
4. Any Adverse Environmental Effects Which
Cannot be Avoided if the Proposal is
Implemented
Describe all significant environmental effects,
including those on human health or aesthetics,
which cannot be reduced in severity or which
can be reduced to an acceptable level but not
eliminated. Those effects which cannot be
reduced without considering an alternative
• project or project design should be described
in detail.
5. Mitigating Measures Proposed to Minimize
the Impact
Describe mitigating measures (such as design
or construction features) that have been
included in the project to reduce significant
environmental effects to acceptable levels, -
and the basis for considering these levels
acceptable. If a particular mitigating
measure has been chosen from among several
alternatives, give the reasons for the choice.
Energy conservation measures, including both
the available alternatives and those incor-
porated into the design and operation of the
proposed project, shall be discussed as
mitigation measures.
6. Alternatives to the Proposed Project
Alternative kinds of projects, locations or
project designs which have been considered
• as possible means of attaining the objectives
of the project should be discussed. The
alternative no project should always be evalu-
ated, and the reasons for choosing the alterna-
tive under examination should be given.
Describe alternatives capable of substantially
reducing or eliminating any environmentally
adverse impacts, even if these alternatives
substantially impede the attainment of the
project objectives, and are more costly.
IRM
•
0
•
7. The Relationship Between Local, Short -Term
Uses of Man's Environment and the Maintenance
and Enhancement of Long -Term Productivity
Describe the cumulative and long-term effects
of the proposed project, in particular, those
changes which will result in substantial
alteration of existing uses. Describe changes
that convert rural areas to urban uses, and
to projects located in or near areas of
environmental sensitivity; i.e., hill areas
and natural water courses. In addition, the
reasons why the proposed project is believed
by the sponsor to be 'justified now, rather
than reserving an option for further alterna-
tives, should be explained.
8. Any Irreversible Environmental Changes Which
Would Occur if the Proposed is Implemented
Discuss those aspects of the project which
will result in permanent alterations of the
environment. For example, the results of a
large subdivision project are usually irre-
versible because such a large commitment of
resources makes removal or non-use thereafter
unlikely. Any irretrievable, significant
commitments of resources should be evaluated
to assure that such consumption is justified.
9. The Growth -Inducing Impact of the Proposed
Project
Growth -inducing impacts include "pioneering"
development in essentially underdeveloped
areas, introduction of higher densities into
a developed area, removal of a major obstacle
to growth. Discuss the long-term effects
of such growth -inducing impacts on the com-
munity.
10. Economic Impact
In terms of cost/revenue analysis (i.e.,
revenues generated by the project, and
services required) what impact will the
proposed project have on the City and school
district.
11. Conformance with Adopted Plans and Policies
Indicate in what manner this project conforms
or does not conform with the General Plan of
the City, specific area plans that apply to
the subject area, and adopted environmental
policies of the City. If the project does
not conform with adopted plans and policies,
indicate how (and what measures are to be
taken) to ensure that no detrimental effects
to the environment will occur as a result of
this project.
12. The identity of all federal, state or local
agencies, 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 organization must be given.
B. Procedures.
If it is determined through the environmental
assessment process that a proposed project will
have a_signifcant effect upon the environment,
it will be necessary to submit an EIR for that
project, and the following steps shall be
• followed:
1. It shall be the responsibility of the devel-
per to prepare (or have prepared) a draft
EIR for private projects, and the responsi-
bility of the public agency to prepare (or
have prepared) the draft EIR for public pro-
jects.
2. The draft EIR shall be filed concurrently
with the development application(s) for the
proposed project. For projects previously
approved, the draft EIR may be filed sep-
arately.
3. Upon receipt of the draft EIR (but before
copies are distributed for review) the Notice
of Completion, stating that the draft EIR
has been completed, must be filed with the
Secretary of the Resources Agency.
4. A duly advertised public hearing before the
Planning Commission must be held prior to any
final action on an EIR, to determine the
environmental impact of a project.
5. Notice of the public hearing before the
Planning Commission of the proposed project
and/or the EIR shall be mailed to all property
owners within the area specified by the appli-
cation and published in a local newspaper at
least thirty (30) days before the hearing date.
Said public notice shall state that the draft
EIR is available for public inspection at the
Planning Department office and at the West
Covina branch of the L. A. County Library.
6. If the draft EIR is found to be complete and
correct by the Planning Director, the Planning
Director may transmit the draft EIR as part
of the final EIR. Therefore, the draft EIR
should be presented by the applicant in a
condition suitable for inspection by the
public, Planning Commission, City Council,
and other related public agencies.
7. The Planning Director shall examine the
draft EIR to ensure that the information
contained therein is complete and accurate,
and shall make any necessary amendments to
the document. He may also request additional
• information, should a particular project
warrant it.
-10-
•
•
•
8. The final EIR shall consist of the draft EIR,
relevant comments and recommendations received
concerning the project, and a list of the
individuals or agencies making them, the
Plannning Director's evaluation of the draft
EIR, and the Planning Director's recommenda-
tion to the Planning Commission.
9. If any public agency or person who is con-
sulted with regard to an EIR fails to comment
within a reasonable time as specified by the
Lead Agency, it shall be assumed, absent a
request for a specific extension of time, that
such agency or person has no comment to make.
10. The Planning Commission shall make the final
determination as to whether the EIR is
acceptable. Said determination shall be made
at a duly advertised public hearing for the
proposed project. At the public hearing,
the Planning Commission may accept the EIR;
find that the EIR is inadequate as submitted
and request that additional information be
provided; or reject the EIR.
11. A resolution documenting the findings and
action of the Planning Commission shall be
attached to the EIR, and shall become a
permanent part of the file for the proposed
project.
12. The resolution of the Planning Commission in
accepting or rejecting an""-,EIR or Negative
Declaration shall become final and effective
twenty (20) days after the adoption of the
resolution; unless,within twenty (20) days
after said adoption, an appeal in writing is
filed with the City Council by either the
applicant or an opponent; or unless within
said period the City Council shall, at any
regular or special meeting of the Council,
initiate such an appeal. The filing or ini-
tiation of such an appeal within such time
shall stay the effective date of the order
of the Planning Commission until the City
Council has acted on the appeal.
13. After a final decision is reached on a pro-
ject, a notice of action taken on the project
shall be filed with the Los Angeles County
Clerk. This notice shall be referred to as
a Notice of Determination. Such Notice shall
include: (1) the decision of the agency to
approve or disapprove the project; (2) the
determination of the agency whether the pro-
ject will or will not have a significant
effect on the environment; and (3)1 whether
the EIR has been prepared pursuant to the
provisions of the CEQA.
-11-
14.
The Lead Agency, after preparing an EIR
or other environmental document described
in these Guidelines, is responsible for
making ouch documents available to the public
for inspection. Members of the general
public requesting copies of the EIR may be
charged for the actual cost of reproducing
•
that copy.
15.
Where a state agency is a Responsible Agency
or otherwise has jurisdiction by law with
respect to a project, draft EIR's and Nega-
tive Declarations prepared by the City shall
be submitted to the State Clearinghouse,
1400 Tenth Street, Sacramento, California,
95814. Environmental documents may be sent
to the State Clearinghouse for review where
a state agency has special expertise with
regard to the environmental impacts of a
particular project.
When an EIR is submitted to the State
Clearinghouse, the review period set by the
City shall be at least as long as the period
provided in the state review system. In
exceptional circumstances, the State
Clearinghouse may set shorter review periods
when requested by the City.
SECTION 8. Fees.
If, as required by Section 5 hereof, the Planning
Director declares that a proposed action is not exempt and
may have a significant effect on the environment, he shall
• require that the following fees be paid at the time he accepts
the application:
A. If a Negative Declaration will be necessary, the
fee shall be $10.00.
B. If an environmental impact report will be
necessary, the basic fee shall be $50.00 plus
an additional amount depending upon the pro-
posed action and determined according to the
following schedule:
1. If the proposed action is a residential
development (including a mobile home park)
and is for: .
1 to 5 units per acre - $1.00 per unit.
Over 5 units per acre - .50 per unit.
If the land to be developed is in the Hillside
Overlay Zone and contains one or more units
per acre - .75 per unit.
• 2. If the proposed action is a commercial,
industrial or institutional development,
the additional fee shall be $5.00per acre
for each acre over 5 in the development.
3. If the proposed action relates to any of the
following types of_land uses, the additional
fee shall be established at an amount.suf-
ficient to compensate the City for the full
-12-
cost of preparing the environmental impact
report as determined by the Planning Director:
Transportation facilities, including the
construction of roads, highways and freeways.
Sanitary landfills.
® Mineral extraction.
Public works projects whether constructed
by a public agency or by a private contractor.
SECTION 9. The City Clerk shall certify to the
adoption of this resolution.
Adopted and approved this 14th day of April ,
1975.
Attest �-_ \`
Mayor
Deputy 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 )l4th day of April ,
1975, by the following vote of the Council:
AYES: Councilmen: Shearer, Miller, Browne, Tice, Chappell
NOES: Councilmen: None
ABSENT: Councilmen: None
\ Deputy, City Clerk
APPROVED AS TO FORM: `
City Attor
-13-