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Resolution - 5425d RESOLUTION NO. 5425 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 AND REPEALING RESOLUTION • NO. 5042. (1977 Revision) 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. 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 pro- vided 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 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, plumbing, 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. 1. Demolition and removal of individual small structures listed in this subsec- tion except where the structures are of historical, archaeological or archi- tectural significance: 1. Single family residences not in conjunction with the demolition of two or more units. 2. Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures. 3. Stores, offices, and restaurants if designed for an occupant load of 20 • persons or less, if not in conjunction with the demolition of two or more such structures. 4. Accessory (appurtenant) structures including garages, carports, patios. swimming pools, and fences. -3- 0 • M. Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. 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, e including but not limited to: a. Replacement or reconstruction of existing schools and hospitals to provide earthquake 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*. Class 3 consists of construction and location of single, new, small facilities or struc- tures and installation of small new equip- ment and facilities including but not limited to: a. New single family dwellings (not more than 1 unit). b. Motels, apartments and duplexes (1 structure of 4 or fewer dwelling units). 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* Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are 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. IM b. New gardening or landscaping. 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. f. Addition of safety or health protection devices for use during construction of or in conjunction with existing struc- tures, facilities or mechanical equip- ment, or topographical features including navigational devices. g. New copy on existing on and off -premise signs. 5. Class 5* Class 5 consists of minor alterations in • land use limitations, except zoning, including but not limited to: a. Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel nor in any change in land use or density. b. Issuance of minor encroachment permits. 6. Class 6* Data collection, research, experimental management and resource evaluation activities which do not result in serious disturbance of an environmental resource. 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. -5- • • CJ 9. Class 9 Class 9 consists of activities limited entirely to inspection, to check for per- formance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation or adulteration of products. 10. Class 10 Loans made 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, except for parcels of land located in an area of statewide interest or potential area of critical concern as identified by the State of California. 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 class- rooms, to existing schools, where the addi- tion does not increase original student capacity by more than 25% or five classrooms, whichever is less. 16. Class 16 Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or con- tains historic sites or archaeological sites and either:. a. The management plan for the park has not been prepared, or ME b. The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or signifi- cantly change the historic or archaeo- logical site. 17. Class 17 Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of ease- ments or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests or easements is not included. 18. Class 18 Class 18 consists of the designation of wilderness areas under the California Wilderness System. 19. Class 19 Class 19 consists of only the following annexations: ' a. Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre -zoning of either.the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capa- city to serve only the existing facilities. b. Annexations of individual small parcels of the minimum size for facilities exempted by Section 15103, New Construction or Small Structures. 20.' Class 20 Class 20 consists of changes in the organi- zation or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: a. Establishment of a subsidiary district. • b. Consolidation of two or more districts having identical powers. C. Merger with a city of a district lying entirely within the boundaries of the City. * Projects which are part of Classes 3, 4, 5, 11, and 12 are not exempt if they are located in any a areas of environmental sensitivity, which may be -7- hereafter designated, precisely mapped, and adopted by law. In addition, if the cumulative impacts of successive 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, 19720, do not require preparation of an Environmental Impact Report or Negative 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. Multi -Phase Projects A. Multiple and Phased Projects. Where individual projects are, or a phased project is, to be undertaken and where the total undertaking com- prises a.project with significant environmental_, effect, the Lead Agency must prepare a single EIR for the ultimate project. Where an indivi- dual project is a necessary.precedent for action on.a larger project, or commits .the Lead Agency to a larger project, with significant environmental effect, an EIR must address itself to the�scop61 of the larger project. Where',one project is one of . several similar projects, '.of} a public agency, • but is not deemed a part of'_a larger undertaking or .a larger project, the agency may prepare.one EIR for all projects, or one for each project, but shall in either case comment upon the cumu- lative effect.. B. Subsequent EIR's shall not be.required unless substantial unforeseen environmental -changes have occurred. SECTION.5. Non -Exempt Projects: Those project activities which-are'not'''classifie'd'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 par-ts.of a'°complex ;` project are classified as non-exempt ,the:entir.e,'project shall be considered non-exempt, even if`some.parts:are: classified as ministerial or categor cally:exempt � . , SECTION 6 Initial Study. 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 he prepared. All phases,of:project planning, 0 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 pur- suant to the National Environmental -Policy Act. B. Contents. An Initial Study shall contain in brief form: 1. A description 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 signi- ficant effects identified, if any, 5. An`examination of whether the project'.is compa- . tible with existing zoning and,plans;, 6. The name of the person or persons who prepared or. participated-in.the.Ihitial 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 Z. Where a project is revised in response t'o an Initial Study so that potential adverseeffects are mitigated to a. point, where no sign,ifi�cant environmental.,effects would occur,`a Negative Declaration shall be prepared, instpc1d of an ..: EIR.. If the project would still..result.in one or more significant,effec,t's.ori es environment after mitigation measures are added to the project,-an�EIR shaIJ 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 organi- zation, the Planning Director may require such, person or organization to submit data and�informa` tion which will enable the.. -Planning Director.to prepare the..Initial Study. E. Format. Forms as herein attached. as Appendices 1, and 2 shall be utilized. These forms. when used together shall meet the',requirements'for an Initial Study. F. The Planning Director shall make;.the final.deter mination as to whether.a;Negative..;Declaration or an EIR shall be necessary, for proposed project. -9 SECTION 7. Negative Declaration. A. A Negative Declaration shall be prepared for a project which could potentially have a signifi- cant 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. 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 conformace with the General Plan, Zoning Ordinance, any specific area plans, and is consistent with existing developmenct in the subject area C. A Negative Declaration shall include: D. 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..docu- menting.reasons to support the finding; 5.- Mitigation measures, if,any,,.included in the project to avoid potentially significant effects 6. 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. Procedures and Filing 1, Final certification'or'.rejection of .a Negative Declaration shall be.made by the agency having final authority °over'.a.project. 2: Notice of the public hearing before the Planning Commission or CityCouncil 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 Ahd"at the West Covina Branch of the Los Angeles County Public Library. 3. Upon a certification or rejection of the Negative Declaration and/or proposed:project by the Planning Commission or City; Council a Notice of Determination shall be.filed with the County Clerk.. -10- 4. A resolution documenting t:he findings and action of the Planning Commission or City Council_ shall be attachedto the Negative Declaration, and shall become a permanent part of the file for.the proposed project. SECTION 8. Contents and Procedures ..for Environmental Impact Reports A. Contents (Draft Environmental Impact Report) The Draft Environmental Impact Report shall con- tain (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'sha,ll'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. 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 inukediate. 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:' I. 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 reduce.d.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 Imoact W 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. 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.. The Relationship Between Locai,.'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 insubstantial" 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,belie.ved by the sponsor to be.justified now,'rather than reserving an option .-for .further altetna- tives,. should be explained: •,,,',1:;; Any Irreversible Environmental Changes•Which Would Occur if the Proposal.' -.is Jmplementdd 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,usualiy,irre- versible because such'a:large commitment of, resources makes removal' or.: non=use e.thereaft,er unlikely. :'Any irretrievable`�'significant commitments ofresources should -be evaluated.. to assure that such.consumption,is.justified. The Growth -Inducing Impact of the -.Proposed Project .Growth -inducing impacts.Anclude;."pioneering" development in essentially underdeveloped areas, introduction o.f higher,'densities into, -12- C� 0 • a developed area, removal of a major obstacle to growth. Discuss the long-term effects of such growth -inducing impacts on the com- munity. 1.0.. 'Rconomic Tmpact 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. Effects Found Not to be Significant An EIR shall contain a statement briefly indicating the reasons that various possibly significant effects of a project were deter- mined not to be significant and were therefore not discussed in detail in'the EIR. Such a statement.may be contained in an attached.. .copy of an Initial Study. 12. Water Quality Aspects Describe in the environmental setting section, and other sections where applicable, water quality aspects of the proposed project which have been previously certified by the appro- priate state or interstate organization as being in substantial compliance.with appli- cable water quality standards. 13. Conformance with Adopted.Plans and Policies Indicate in what manner.this,project.conforms, or does not conform with.:the'_;General Plan of the City, specificarea 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 14. Organizations and Persons.Consulted; The identity of all federal, state or local agencies, other organizations and private individua•ls.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. 15. Contents-of*Final Environmental Impact Report a. The Final EIR shall ' cons ist ` of`: 1. The Draft EIR or a revision of -the draft. 2. Comments and recommendations received on the Draft EIR either verbatim or in summary. 3. A list of persons,'organizations and, public agencies commenting on the Draft. EIR. -13- 0 0 4. The responses of the Lead Agency to significant environmental points raised in the reviews and consulta- tion process. b. The response of the Lead Agency to comments received may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. The response shall describe the disposition of signi- ficant environmental issues raised (e.g., revisions to the proposed project to miti- gate anticipated impacts or objections). In particular the major. issues raised when the Planning Director's position is at variance with recommendations and objec- tions raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not, accepted,.and factors of overriding impor- tance warranting an override of the -sug- gestions. B. Procedures If it is determined through the environmental. assessment process .that a proposed project will have a significant effect upon the environment, it will be necessary to submit an'EIR for that project, and the following steps shall be followed: 1. Itshall be the responsibility,of the developer to prepare ,(or have prepared).a,draft EIR for private projects, and the responsibility.of the public agency to prepare (or have prepared) the draft EIR for public projects,. The..City or Planning Department will.not,use the.,, developer's.draft EIR as its. own but, will t conducan independent evaluation and analysis of said draft EIR. 2. 3: 4. 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 sepa- rately. Upon receipt of the draft EIR (but before'. copies are distributed for review) the Notice of Completion, stating that the.dr.aft EIR has been completed, must be filed -'with the Secretary of the Resources Agency. A,Iduly advertised public hearing before the Planning Commission or City Council,must be held prior to any final action on an.EIR, to determine the environmental.impact ofa pro-: ject. 5.. Notice of the public hearing before the Planning Commission or City Council of the .proposed project and/or:the EIR 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 draft EIR is available for public inspection.at,the Planning Department office and at the West Covina branch of the L. A. County Library. -14- • G. Ci' the draft 1i:TR is hound 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. The draft EIR which is sent out for public review must reflect the independent judgement and analysis of the City or Planning.Department. 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. 8. If any public agency or person who is consulted with regard to an EIR fails to comment within a reasonable time as specified by the Planning Director, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. 9. The Planning Commission .or City Council, whichever agency has the right of'final ap- proval on the project,.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 or City Council,may. certify the EIR; find that the EIR is inade- quate as submitted and request that addi- tional information be provided;, or, reJect the EIR. Y 10. 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. 11. The resolution of the Planning Commission: in certifying 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:appea1 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•`City'.Council, initiate such an appeal. The filing or initiation of such an.appeal within such time shall stay the effective date'pf the order. • of the Planning Commission�until'the City Council has acted on the appeal. In cases where the City Council is the certifying or rejecting agency, the decision of the Council shall be final. -15- 12. After a final decision is reached on a project, 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 project will or will not have a significant effect on the environment; and (3) whether the EIR has been prepared pursuant to the provisions of the CEQA. 13. The Planning Director, after preparing an EIR or other environmental document described in these Guidelines, is responsible for making such 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. 14. 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 9. Fees. Fees shall be paid in accordance with Section 10501.04 ®f the West Covina Municipal Code. See attached Appendices 1 and 2. -15- • n LJ • 0 SECTION 10. This resolution supercedes and takes the place of Resolution No. 5042 which is hereby repealed. SECTION 11. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED THIS28thDAY OF March 1977. a� Mayor Pro Tem ATTEST: City Clerk I HEREBY CERTIFY that the above and foregoing Resolution No. 5425 was duly passed and adopted by the City Council of the City of West Covina at its regular meeting held on the 28th day of March , 1977, by the following vote, to wit: AYES: Councilmen: Miller, Chappell, Browne, Tice. NOES: Councilmen: None ABSENT: Councilmen: Shearer. APPROVED AS TO FORM: (1002 &J City Attorney City Clerk 11