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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-