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;
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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.
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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.
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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.
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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
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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
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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,
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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.
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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..
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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
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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,
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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.
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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.
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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.
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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.
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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
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