Resolution - 8919RESOLUTION NO. 8919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA REPEALING RESOLUTION NO. 8648
AND ADOPTING PROCEDURES TO IMPLEMENT THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
• The City Council of the City of West Covina does resolve as
follows:
•
Section 1. Authority
These procedures are adopted to implement the California
Environmental Quality Act ("CEQA"), Public Resources Code
Section 21000 et sea., and the State CEQA GUIDELINES ("State
Guidelines"), 14 California Administrative Code Section 15000 et
sea. All times as set out herein shall be calendar days unless
otherwise indicated.
Section 2. Relationship to State Guidelines
The City Council by Resolution No. 6158 has heretofore adopted
the State Guidelines by incorporation by reference. Resolution
No. 6158 is confirmed herein. Resolution No. 8648 established
implementation procedures. Resolution No. 8648 is repealed in its
entirety and superseded by this Resolution. The procedures
established herein implement and tailor the general provisions of
the State Guidelines to the specific operations of the City of West
Covina. This Resolution is not intended to replace the State
Guidelines. If any section of this Resolution is in conflict with
or contrary to any provision of the State Guidelines as they now
exist or may be amended hereafter, the State Guidelines shall
control.
Section 3. Delegation of Responsibility to Planning Director
The Planning Director shall be responsible for the following
CEQA functions:
(1) Determining whether a project is exempt;
(2) Conducting an initial study;
(3) Determining whether a Negative Declaration must be
prepared;
(4) Preparing a Negative Declaration;
(5) Determining whether a Draft EIR must be prepared;
(6) Preparing an EIR;
(7) Determining that a Negative Declaration has been
completed within a period of 105 days or an EIR within a
period of one year from the date an application has been
accepted as complete;
(8) Preparing responses to comments on environmental notices;
(9) Filing notices required or authorized by CEQA, the State
Guidelines, or this Resolution;
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(10) Consulting with and obtaining comments from other public
agencies and the public;
• (11) Assuring adequate opportunity and time for public review
and commentary;
(12) Develop procedures for monitoring and enforcing
mitigation conditions.
Section 4. Preliminary Review
A. Review for Completeness
The Planning Director shall determine whether an application
for a permit or other entitlement for use is complete and notify
the applicant in writing within 30 days from the receipt of the
application. If the application is incomplete, the notice shall
list and thoroughly describe the specific information required to
complete the application. (Upon resubmittal of the application, a
new 30-day period shall begin.) If no written determination of the
completeness of the application is made within that period, the
application will be deemed complete on the 30th day.
If the application and materials are determined to be
incomplete, within 15 days of receipt of the notice the applicant
may appeal the decision in writing to the Planning Commission. The
Planning Commission shall issue a written determination within
45 days after receipt of the written appeal.
B. Review for Exemption
As part of the preliminary review, the Planning Director shall.
determine whether a particular activity is exempt from CEQA. If
the Planning Director determines that an activity is exempt from
CEQA, no further CEQA processing is required and the Planning
Director shall issue a Notice of Exemption as set forth in
Section 5 (D) herein.
Section 5. Procedures for Identifying Activities Exempt from
CEOA
A. Application of CEOA
The requirements of CEQA apply to all discretionary projects
which may have a significant effect on the environment. In
particular, CEQA applies to discretionary private projects that are
carried out, approved or financed by a public agency. Possible
exemptions from CEQA include the following:
(1) The activity is not a project, or
(2) The project is statutorily exempt pursuant to Article 18
of the State Guidelines;
(3) The project is categorically exempt pursuant to
Article 19 of the State Guidelines; and
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(4) It can be established with certainty that there is no
possibility that the activity may have a significant
effect on the environment.
• B. Ministerial Proiects or Permits
A ministerial project is one approved or denied by a decision
which a public official or a public agency makes that involves only
the use of fixed standards and objectives without personal
judgement or discretion. Ministerial projects are exempt from the
requirements of CEQA and no environmental documents are required.
The following is a non-exclusive list of actions which the City
Council has determined to be ministerial in nature:
(1) Approval of final subdivision maps;
(2) Approval of individual utility service connections and
disconnections;
(3) Issuance of health regulatory licenses;
(4) Issuance of zone clearances;
(5) Issuance of permits to install individual sewage disposal
systems;
(6) The issuance of a building permit shall be deemed a
ministerial act if the Planning Department exercises no
discretion in the issuance of the building permit. If
the permit involves both discretionary and ministerial
actions, the permit shall not be deemed a ministerial
act.
C. Categorical Exemptions
The City Council of the City of West Covina hereby finds those
classes of activities set forth in Sections 15301 through 15329 of
the State Guidelines to be categorically exempt with the following
exceptions.
(1) Location. Classes 3, 4, 5, 6 and 11 of the State
Guidelines are qualified by consideration of the location
of the project. A project that is ordinarily
insignificant in its impact on the environment may, in a
particularly sensitive environment, be significant.
Therefore, these classes are considered to apply to all
instances, except where the project may have an impact
upon an environmental resource of hazardous or critical
concern where designated, precisely mapped, and
officially adopted pursuant to law by federal, state or
local agencies.
(2) Cumulative Impact. All exemptions of these classes are
inapplicable when the cumulative impact of successive
projects of the same type in the same place, over time is
significant; for example: annual additions to an existing
building under Class I of State Guidelines.
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(3) Significant Effect. A categorical exemption shall not be
used for an activity where there is a reasonable
• possibility that the activity will have a significant
effect on the environment due to unusual circumstances.
D. Notice of Exemption
If the Planning Director determines that a project is exempt,
then after approval of the project he or she shall cause to be
filed a Notice of Exemption in the form and manner required by the
State Guidelines. The notice shall be filed with the County Clerk
of Los Angeles County.
Section 6. Procedures for Conducting Initial Studies
A. Determination That Initial Study Should Be Conducted
If a project is subject to the requirements of CEQA and the
Planning Director does not determine that it is exempt, the
Planning Director shall conduct an Initial Study to determine if
the project may have a significant effect on the environment. If
it can be determined that an EIR will be clearly required for a
project, then further initial review of the project is not
required, and work can begin directly on the EIR process.
All phases of project planning, implementation, and operation
must be considered in the Initial Study of the project. To meet
the requirements of this section, the Planning Director may use an
Initial Study prepared pursuant to the National Environmental
Policy Act in the case of a federal project.
The Planning Director shall determine whether or not a project
may have a significant effect on the environment. If the Planning
Director determines that there is no substantial evidence that the
project or any of its aspects may cause a significant effect on the
environment, the Planning Director shall cause a Negative
Declaration to be prepared.
If any aspects of the project, either individually or
cumulatively, may cause a significant effect on the environment,
regardless of whether the overall effect of the project is adverse
or beneficial, then an EIR must be prepared. The existence of a
public controversy does not, without more evidence of a significant
environmental impact, require preparation of an EIR. Public
comments relative to and/or included in an EIR are not
determinative of whether the project may have a significant effect
on the environment.
B. Contents. An Initial Study shall contain in brief form:
(1) A description of the project and including the
location of the project and its county.
(2) A description of the environmental setting.
(3) An identification of environmental effects by use
of a checklist, matrix, or other method.
•
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(4) A discussion of ways to mitigate the significant
effects identified, if any.
• (5) An examination of whether the project is consistent
with existing zoning, plans, and other applicable
land use controls.
(6) The name of the person or persons who prepared or
participated in the Initial Study.
C. Uses.
(1) The Initial Study shall be used to provide a
written determination of whether a Negative
Declaration or an EIR shall be prepared for a
project.
(2) Where a project is revised in response to an
Initial Study so that potential. -adverse effects are
mitigated to a point where no significant
environmental effects would occur, a Negative
Declaration shall be prepared instead of an EIR.
If the project would still result in one or more
significant effects on the environment after
mitigation measures are added to the project, an
EIR shall be prepared.
(3) When the Initial Study concludes that no EIR is
necessary, the preliminary document shall also
provide documentation of the factual basis for
concluding that a Negative Declaration will
suffice.
(4) The EIR shall emphasize study of the impacts
determined to be significant and can omit further
examination of those impacts found to be clearly
insignificant in the Initial Study.
D. Submission of Data.
Any person may submit any information in any form to
assist the Planning Director in preparing an Initial Study.
E. Format.
Forms for an applicant's project description and a review
form for use by the Planning Director shall be provided by the
Planning Department. When used together, these forms shall meet
the requirements for an Initial Study. These forms shall provide
for a substantive, written description of the project and its
potential effects.
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F. Consultation.
. As soon as the Planning Director has determined that a project
is not exempt and that an Initial Study will be required to
determine whether a Negative Declaration or an EIR is required, the
Planning Department shall consult with all responsible Agencies and
all Trustee Agencies responsible for resources affected by the
project as required by Section 15063(g) of the State Guidelines,
and bordering cities and counties.
During or immediately after preparation of an Initial Study
for a private project, the Planning Department may consult with the
applicant to determine if the applicant is willing to modify the
project to reduce or avoid the significant effects identified in
the Initial Study.
G. Time Limits.
The Planning Director shall determine within 30 days after
accepting an application as complete whether it is necessary to
prepare an EIR or a Negative Declaration (or use a previously
prepared EIR or Negative Declaration). The 30-day period may be
extended 15 days upon the consent of the Planning Department and
the project applicant.
Section 7. Procedures for the Preparation of a Negative
Declaration.
A. General.
A Negative Declaration shall be prepared for--a-project whiche
(1) The Planning Director finds, on the basis of an
Initial Study, will not have a significant effect
on the environment; or
(2) Where the Initial Study identified potential
effects, but the effects have been mitigated to the
point of insignificance.
B. Consultation.
Before completing a Negative Declaration, the Planning
Director shall consider the proposed Negative Declaration together
with any comments received during the public review process
pursuant to Section 15074(b) of the State Guidelines.
C. Contents.
A Negative Declaration circulated for public review shall
include:
(1) A brief description of the project, including a commonly
used name for the project if any.
(2) The location of the project and the name of the.project
is
proponent.
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(3) A proposed finding that the project will not have a
significant effect on the environment.
• (4) An attached copy of the initial study documenting reasons
to support the finding; and
(5) Mitigation measures, if any, included in the project to
avoid potentially significant effects.
D. Public Notice.
Notice that the Planning Commission proposes to adopt a
Negative Declaration shall be provided to the public prior to
adoption of the Negative Declaration by the Planning Commission.
The noticed public review period shall not be less than 21 days or
not less than 30 days when submitted to the State Clearinghouse in
order to provide members of the public with sufficient time to
respond to the proposed finding before the Negative Declaration is
approved. In addition, said notice shall be posted with the County
Clerk for a period of 30 days.
A copy of the notice with the proposed Negative Declaration
shall be sent to every Responsible Agency and Trustee Agency
concerned with the project and every other public agency with
jurisdiction by law over resources affected by the project. Notice
shall be given to all organizations and individuals who have
previously requested such notice and shall also be given by at
least one of the following procedures:
(1) Publication at least one time by the Lead Agency in a
newspaper of general circulation in the area affected by
the proposed project; or
(2) Posting of notice on and off site in the area where the
project is to be located; or
(3) Direct mailing to owners of property contiguous to the
project as such owners are shown on the latest equalized
assessment roll.
Said public notice shall state that the Negative Declaration
is available for inspection at the Planning Department office and
at the main West Covina Branch of the Los Angeles County Library
located at 1601 West Covina Parkway, West Covina, California.
E. Consideration.
Prior to approving the project, the Planning Commission shall
consider the Negative Declaration together with any comments
received during the public review process and approve or disapprove
the Negative Declaration.
F. Approval.
The Planning Commission shall approve the Negative Declaration
by separate resolution if it finds on the basis of the Initial
Study and any comments received that there is not substantial
• evidence that the project will have a significant effect on the
environment.
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City Council
CEQA Guidelines
February 2, 1993 - Page 8
G. Appeal of Planning Commission Approval.
Any interested party may appeal the Planning Commission's
• approval of the Negative Declaration or mitigated Negative
Declaration to the City Council by filing with the City Clerk a
written statement of the basis for the appeal and the filing fee
within the time periods specified below:
(1) Within 20 business days of the Planning Commission's
approval for cases involving an Unclassified Use Permit,
Precise Plan, or Variance when not in conjunction with a
General Plan Amendment or Zone Change.
(2) Within 5 business days of the Planning Commission's
approval for cases involving a General Plan Amendment or
Zone Change.
The City Clerk shall schedule a public hearing on the appeal
to be held by the City Council within 30 days of its receipt, or a
time period as otherwise specified by City Council. The Planning
Commission Secretary shall be notified of the appeal and shall
transmit the entire file to the City Clerk immediately.
The City Clerk shall give notice of the hearing in the same
manner as notice of the Planning Commission's consideration of the
proposed Negative Declaration or mitigated Negative Declaration was
given, and notice shall be given by first class mail to the project
proponent and party bringing the appeal to be received at least
10 calendar days before the hearing.
At the hearing, the City Council shall consider all.oral_.and..-...
written testimony and may uphold, modify or - deny - the approval,
including addition, deletion or modification of any mitigation
measures. The City Council also may refer the Negative Declaration
or mitigated Negative Declaration back to the Planning Commission
for additional information and review, and shall set a date to the
Planning Commission to report back to the City Council. The
hearing may be continued from time -to -time by the City Council
until concluded.
Any report from the Planning Commission shall be considered at
a public hearing (or at the continued appeal hearing) after
renotification in the same manner as set out above for notice of
the appeal.
At the close of the hearing, the Council shall by Resolution
announce its decision to uphold, deny, or uphold with modifications
the approval of the Negative Declaration or mitigated Negative
Declaration, and shall clearly state any modification, deletion or
addition of mitigated measures. Within 10 calendar days of the
Council's action, a copy of the Resolution shall be (1) mailed to
all those receiving notice of the hearing; and (2) given to the
Planning Director.
The decision of the City Council shall be final.
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City Council
CEQA Guidelines
February 2. 1993 - Page 9
In the event the City Council denies the Planning Commission's
approval, the Planning Commission shall revise the proposed
• Negative Declaration or prepare an EIR pursuant to these
procedures, and may extend time periods as set out in Section 9.
H. Notice of Determination.
•
(1) After the Planning Commission makes a decision to carry
out or approve a project for which a Negative Declaration
has been prepared, (Providing the decision has not been
appealed) or after the City Council has upheld approval
of the Negative Declaration, (including where the Council
has modified, added or deleted mitigation measures) the
Planning Director shall file a Notice of Determination.
(2) The Notice of Determination shall include:
(a) An identification of the project- including the
common name where possible and its location.
(b) A brief description of the project.
(c) The date on which the agency approved the project.
(d) The determination of the agency that the project
will not have a significant effect on the
environment.
(e) A statement that a Negative Declaration has been
prepared pursuant to the provision of CEQA; and
(f) The address where a copy of the Negative
declaration may be examined.
(3) The Notice of Determination shall be filed within
5 business days with the County Clerk of Los Angeles
County and all organizations and individuals who have
previously requested such notice. If the project
requires a discretionary approval from any State agency,
the Notice of Determination also shall be filed with the
Office of Planning and Research within the same time
period.
Section 8. Procedures for the Preparation of EIR's
A. Decision to Prepare an EIR.
when a Planning Director decides that an EIR will be required
for a project, he or she shall follow the procedures contained in
this section.
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Resolution No. 1-93-4134
City Council
CEQA Guidelines
February 2. 1993 - Page 10
B. Notice of Preparation.
• (1) Immediately after determining that an EIR will be
required for a project, the Planning Director shall send
a Notice of Preparation by certified mail or other method
of transmittal which provides it with a notice that the
Notice has been received, to each Responsible Agency,
Trustee Agency responsible for resources affected by the
project, Federal Agency involved in approving or funding
the project, the County Clerk's Office, and all
organizations and individuals who have previously
requested such notice.
(2) In addition to the Notice of Preparation process outlined
in B.(1) of this section. the Notice of Preparation sent
Resolution No. 1-93-4135.
(Q3) The agencies, organizations and individuals to which a
Notice of Preparation is sent shall have 30 days to
respond. If an agency, organization, or individual
fails, by the end of the 30-day period, to respond or
make a well -justified request for additional time to
respond, it shall be presumed that there is no response
to make and the Planning Director may ignore a late
response.
C. Early Consultation.
(1) Prior to completing the Draft EIR (DEIR), the Planning
Director should also consult directly with any person or
organization he or she believes will be concerned with
the environmental effects of the project, and bordering
cities and counties.
(2) Where the Planning Director, a Responsible Agency, a
Trustee Agency or the project applicant has requested a
meeting between representatives of the agencies involved
to assist in determining the scope and content of .a
proposed EIR, the Planning Director shall convene such a
meeting as soon as possible, but not later than (30) days
after receiving the request for the meeting pursuant to
Section 15082 (3) (c) of the State Guidelines.
(3) For projects where federal involvement might require
preparation of a Federal EIS, the Planning Director shall
consult with the appropriate Federal agencies.
D. Notice of Completion.
As soon as the DEIR is completed, a Notice of Completion must
be filed with the Office of Planning and Research. The notice
shall include a brief description of the project, its proposed
location, an address where copies of the DEIR are available and the
period during which comments will be received.
•
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City Council
CEQA Guidelines
February 2. 1993 - Page 11
E. Public Review.
• (1) After the DEIR is completed, the Planning Director shall
consult with and obtain comments from public agencies
having jurisdiction by law with respect to the project
and should consult with persons having special expertise
with respect to any environmental impact involved. The
Planning Director shall provide the general public with
an opportunity to comment on the DEIR.
•
(2) The Planning Director shall provide public notice of the
completion of a DEIR at the same time as it sends a
Notice of Completion to the Office of Planning and
Research. The noticed public review period shall not be
less than 30 days or not less than 45 days when submitted
to the State Clearinghouse in order to provide members of
the public with sufficient time to respond to the
proposed DEIR before it is considered- at a public
hearing. Notice shall be mailed to owners of property
contiguous to the proposed project and to all
organizations and individuals who have previously
requested such notice and shall also be given by
publication, no fewer times than required by the
Government code, in a local newspaper of general
circulation. Said notice shall state that the DEIR is
available for public inspection at the Planning
Department office and at the main West Covina Branch of
the Los Angeles County Library located at 1601 West
Covina Parkway, West Covina, California.
(3) The Planning Director may use the State -Clearinghouse'to-
distribute DEIRs and any other environmental documents to
state agencies for review and should use area -wide
clearinghouses to distribute the documents to regional
and local agencies.
F. Evaluation by Planning Commission.
The Planning Director shall evaluate comments received from
persons who reviewed the DEIR and shall prepare a written response
to each comment.
G. Preparation of Final EIR.
The Planning Director shall prepare a final EIR before
approving the project. The contents of a final EIR are specified
in Section 15120 of the State Guidelines.
H. Certification of Final EIR.
The legislative body which gives final approval of the project
shall certify that the final EIR has been completed in compliance
with CEQA, and that the final EIR was presented to it and it
reviewed and considered the information contained in the Final EIR
prior to approving the project.
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City Council
CEQA Guidelines
February 2. 1993 - Page 12
I. Appeal of Certification of EIR.
• Any interested person may appeal the Planning Commission's
certification of the EIR by filing with the City Clerk a written
statement of the basis for the appeal and the filing fee within the
time periods specified below:
•
(1) Within 20 days of the Planning Commission's certification
for cases involving an Unclassified use Permit, Precise
Plan or Variance when not in conjunction with a General
Plan Amendment or Zone Change.
(2) Within 5 business days of the Planning commission's
certification for cases involving a General Plan
Amendment or Zone Change.
An EIR certification by the City Council is not appealable.
The City Clerk shall schedule a public hearing on the appeal
to be held by the City Council within 30 days of its receipt or a
time period as otherwise specified by City Council. The Planning
Commission Secretary shall transmit the entire file to the City
Clerk immediately.
The City Clerk shall give notice of the hearing in the same
manner as notice of the Planning Commission's certification of the
EIR is given, and notice shall be given by first class mail to the
project proponent and party bringing the appeal to be received at
least 10 calendar days before the hearing.
At the hearing, the City Council shall consider all oral and
written testimony and may uphold, modify or deny the certification,
including the addition, deletion or modification of any mitigation
measures. The City Council also may refer the EIR back to the
Planning Commission for additional information and review, and
shall set a date to the Planning Commission to report back to the
City Council. The hearing may be continued from time -to -time by
the City Council until concluded.
Any report from the Planning Commission shall be considered at
a public hearing (or at the continued appeal hearing) after
renotification in the same manner as set out above for notice of
the appeal.
At the close of the hearing, the Council shall by Resolution
announce its decision to uphold, deny, or uphold with modifications
the certification of the EIR and shall clearly state any
modification, deletion or addition of mitigation measures. Within
10 calendar days of the council's action, a copy of the Resolution
shall be
(1) mailed to all those receiving notice of the hearing; and
(2) given to the Planning Director.
The decision of the City Council shall be final.
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City Council
CEQA Guidelines
February 2. 1993 - Page 13
In the event the City Council denies the Planning Commission's
certification, the Planning Commission shall revise the EIR
• pursuant to these procedures, and may extend time periods as set
out in Section 9.
•
J. Notice of Determination.
(1) After approval of a project for which an EIR has been
prepared, providing no appeal has been filed as set out
above or the City Council has upheld a Planning
Commission certification of an EIR, the Planning Director
shall file a Notice of Determination. Such notice shall
include:
(a) An identification of the project including its
common name where possible and its location.
(b) A brief description of the project.
(c) The date when the Agency approved the project.
(d) The determination of the Planning Commission
whether the project in its approved form will have
a significant effect on the environment.
(e) A statement that an EIR was prepared and certified
pursuant to the provisions of CEQA.
(f) Whether mitigation measures were made a condition
of the approval of the project.
(g) Whether a Statement of Overriding Considerations
was adopted for the project.
(h) The address where a copy of the EIR and the record
of project approval may be examined.
(2) The Notice of Determination shall be filed within
five (5) business days with the County Clerk of Los
Angeles County. If the project requires discretionary
approval from a state agency, the notice shall also be
filed with the Office of Planning and Research within the
same time period.
(3) The filing of the Notice of Determination starts a 30-day
statute of limitations on court challenges to the
approval under CEQA.
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Resolution No. gglq
City Council
CEQA Guidelines
February 2. 1993 - Page 14
Section 9. Mitigation Monitoring Program and Enforcement of
Mitigation Measures.
• A. A Mitigation Monitoring Program in the form of a contract
shall be established by the City and signed by the
project applicant as part of a Negative Declaration or
EIR. The purpose of the Program is to ensure compliance
with any mitigation measures required as part of the
Negative Declaration or EIR both during and after project
construction. This Program shall be established prior to
project construction and shall be required and
enforceable as a condition of approval of the
unclassified use permit, precise plan or other
discretionary approval for the project. The City may, as
part of the program, require the applicant, or
responsible or trustee agency, to submit written detailed
plans for their reporting or monitoring of a mitigation
condition that was incorporated. into. the Negative
Declaration or EIR at their request.
•
B. It shall be the responsibility of the applicant, or
responsible or trustee agency, to provide advance written
notice to the City of intent to commence any project
implementation phase and submit at such time any required
monitoring or reporting plans. Should the applicant, or
responsible or trustee agency, fail to report to the
City, all permits, precise plans or other discretionary
approvals for the project may be revoked by the City.
C. The applicant shall provide written notice to all
contractors involved with the construction of the
project, and potential property owners or tenants of the
project, of the Mitigation Monitoring Program
requirements.
Section 10. Time Limits.
A. General.
Preparation and review of environmental documents shall be
done within the time periods set out here. Preparation of an EIR
should not cause undue delays in the processing of applications for
permits or other entitlements to use.
The Planning Director may disapprove a project application
where there is unreasonable delay in meeting requests. The
Planning Director may allow a renewed application to start at the
same point in the process where the application was when it was
disapproved.
The Planning Commission shall either: complete and certify
the final EIR within one year after the date when the Planning
Commission accepts the application as complete, although the one
year time limit may be extended once for a period of not more than
30 days upon consent of the Planning Commission and the applicant;
or, complete a Negative Declaration in not more than 105 days.
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C J
C�
Resolution No. gglq
City Council
CEQA Guidelines
February 2. 1993 - Page 15
(1) Completion of a Negative Declaration with a 105-day
period shall include the conducting of an Initial Study,
public review, and the preparation of a document ready
for approval by the Planning Commission. Completion
within the 105-day period need not include the approval
of the Negative Declaration by the Planning Commission.
Prior to approving a project, the Planning Commission
shall consider and approve the Negative Declaration.
(2) Different time limits may be established for different
types of projects subject to the 105-day and one year
maximum time limits.
(3) The time limits shall be measured from the date on which
an application requesting approval for the project is
received and accepted as complete by the Planning
Director.
(4) In the event that compelling circumstances justify
additional time and the project applicant agrees to the
extension, the Planning Commission may grant a reasonable
extension of the time periods contained in this section.
B. Projects with Federal Involvement.
(1) The Planning Commission may waive the one-year time
period or the 105-day period if:
(a) The project will be subject to the National
Environmental Policy Act,
(b) Additional time will be required --'to prepare, a
combined EIR-EIS or a combined Negative Declaration
finding of no significant impact as provided in
Section 15222 of the State Guidelines, and
(c) The time required to prepare such a combined
document would be less than the time required to
prepare each document separately.
(2) The time limits for taking final action on a permit for
a development project may also be waived where a combined
EIR-EIS will be prepared.
(3) The time limits for processing permits for development
projects under Government Code SS 65950-65960 shall not
apply if federal statutes or regulations require time
schedules which exceed the state limits. In this event,
any state agencies involved shall make a final decision
on the project within the federal time limits.
Section 11. Fees.
A. If a project is to be carried out by any person or entity
other than the City, the Planning Director may collect a
reasonable fee from such person or entity to recover the
estimated costs incurred in preparing an EIR or Negative
Declaration.
0794-93/CC:/CEQAGUID.LIN/bjc
•
•
Resolution No. 8919
City Council
CEQA Guidelines
February 2. 1993 - Pace 16
B. Fees shall be paid in accordance with the West Covina
Municipal Code.
C. Pursuant to Fish and Game Code Section 711.4, as it may
be amended from time -to -time, a filing fee of $1,250.00
for a negative declaration or $850.00 for an
environmental impact report plus a $25.00 administrative
fee (as those may be set or increased from time -to -time)
must accompany the Notice of Determination filed with the
County Clerk unless otherwise exempted. This fee must be
deposited with and at the same time as other City fees
for environmental review.
D. Members of the general public requesting copies of an EIR
may be charged for the actual cost of reproducing the
copy.
APPROVED AND ADOPTED this 2nd day of February , 199 3
Mayor
ATTEST:
\�Cit(y-: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 jnd day of February. 1993 , by the following
vote of the Council:
AYES: Manners, Jennings, McFadden, Wong
NOES: None
ABSENT: Herfert
APPROVED AS TO FORM:
Cit Attorney
JWC/HW/bjc
0794-93/CC:/CEQAGUID.LIN/bjc
City Clerk