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Resolution - 9273RESOLUTION NO. 9273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING RESOLUTION NO. 8919 AND ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. • WHEREAS, the Planning Commission of the City of West Covina considered the proposed amendments to the local CEQA procedures on September 26, 1995, and WHEREAS, the Planning Commission adopted Resolution No. 09-95-4324 recommending that the City Council repeal City Council Resolution No. 8919 and adopt revised procedures to implement the California Environmental Quality Act. NOW THEREFORE, 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 seq., and the State CEQA GUIDELINES ("State Guidelines"), 14 California Administrative Code Section 15000 et seq. 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. 8919 established implementation procedures. Resolution No. 8919 is repealed in its entirety and superseded by this Resolution.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) Determine whether a proposal constitutes a "project' as defined in section 15378 of the State Guidelines; (2) Determining whether a project is exempt; (3) Conducting an Initial Study and deciding whether to prepare a draft Environmental Impact Report (EIR) or Negative Declaration; (4) Preparing a Negative Declaration or EIR (5) 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; • (6) Preparing responses to comments on environmental notices; (7) Filing notices required or authorized by CEQA, the State Guidelines, or this Resolution; (8) Consulting with and obtaining comments from other public agencies and the public; (9) Assuring adequate opportunity and time for public review and commentary; Z:\cc\resosbd\ CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17 1995- Page 2 (10) 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 may 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. The Lead Agency shall begin the formal environmental evaluation of the project after accepting an application as complete and determining that the project is subject to CEQA 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 may issue a Notice of Exemption as set forth in Section 5 (D) herein. Section 5. Procedures for Identifying Activities Exempt from CEQA. A. Application of CEQA. The requirements of CEQA apply to discretionary projects that are carried out, approved or financed by a public agency which may have a significant effect on the environment. Possible exemptions from CEQA include the following: (1) The activity is not a project as defined in Section 15378 of the State Guidelines, 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 (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 Projects or Permits. • A ministerial project is a project 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 involving little or no personal judgment 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; Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 3 (2) Approval of individual utility service connections and disconnections; qb(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 1 of State Guidelines. (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 set forth in Section 15062 of 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 determines that it is not 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 Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 4 use an Initial Study prepared pursuant to the National Environmental Policy Act in the case of a federal project. 40 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, provided that entries on a checklist or other form are explained to indicate that there is some evidence to support the entries. (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. F. Consultation. Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 5 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 40 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. If the Planning Director deems that the preparation of an EIR or a Negative Declaration requires the expertise of a consultant, the Planning Director shall enter into a contract with a consultant to prepare an EIR or Negative Declaration within 45 days after the public agency decides which document to prepare, regardless of whether the application is or is not complete. The Planning Director may also take longer in the event that compelling circumstances justify additional time and the project applicant consents to a lengthened time period. Section 7. Procedures for Contracting with an Environmental Consultant. Upon the determination by the Planning Director that an environmental study or EIR requiring the expertise of a consultant, the Planning Director shall take appropriate steps in accordance with city procedures to secure the services of a qualified consultant(s). Under normal circumstances, this shall involve the preparation of a Request for Proposal (RFP) to be sent to qualified consultants in the identified area of study. Extenuating circumstances, however, may allow an appropriate alternative procedure to be utilized, such as a "sole source" provider. In no case shall the Planning Director delegate to the project applicant, the responsibility to contract for, or cause to have prepared, the environmental study.. The following is an outline of the normal procedures for use in contracting with a qualified consultant (s). A. The Planning Director shall prepare a RFP with the input from pertinent City, Trustee and Responsible Agencies B. Contents. The RFP shall typically include the following minimum information. (1) A project description. (2) Description of environmental setting. (3) Description of environmental issues to be studied. (4) Anticipated scope of services. • (5) Submittal deadline. (6) Insurance requirements. C. Said distribution of RFP's should result in the submittal of proposals from at least three (3) qualified consultants. Z Acc\resosbd\CEQAGUD3. DOC City Council Resolution No. 9273 CEQA Guidelines October 17. 1995- Page 6 D. The selection process will be based on a review of the submitted proposals by an evaluation team made up of City staff.. 40 Phase 1. The evaluation team shall: (1) Evaluate the submissions, including the experience of the proposer and any subcontractors; and (2) Interview the references the proposer has provided; and (3) Interview proposer to help clarify and discuss submissions, if determined to be necessary. Phase 2. (1) The top three proposers may be asked to interview with the evaluation team. A decision will be made based on the submitted proposals and if necessary, the interview of the top three proposers. The City reserves the right to reject any and all proposals submitted and to request additional information of any applicant. (2) The project applicant shall be required to place on account with the City, the full amount of the deposit for the administration of the consultant contract prior to the Planning Director authorizing the consultant to commence with the analysis. Section 8. Procedures for the Preparation of a Negative Declaration A. Decision to Prepare a Negative Declaration. The Planning Director shall determine whether or not a project may have a significant effect on the environment. The Planning Director shall prepare a Negative Declaration for a project subject to CEQA which: (1) The Planning Director finds, on the basis of an Initial Study, there is no substantial evidence of a significant effect on the environment; or (2) Where the Initial Study identified potentially significant effects on the environment, but the effects have been mitigated to the point of insignificance pursuant to the provisions of Section 8(B) of this Resolution. B. Mitigated Negative Declaration. The planning Director shall prepare a mitigated Negative Declaration for a project when the Initial Study had identified potentially significant effects on the environment, but the revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Negative • Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point of insignificance, and there is no substantial evidence in light of the whole record that the project as revised may have a significant effect on the environment. (1) Certification of a proposed mitigated Negative Declaration is subject to the project applicant's agreement and compliance with the mitigation measures. Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 7 (2) The project applicant shall agree to implement the mitigation measures, and the monitoring or reporting requirements. 40 C. 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. D. 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 proponent. (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. E. Public Notice. Notice that the Planning Commission proposes to adopt or recommend that the City Council adopt a Negative Declaration shall be provided to the public prior to such action by the Planning Commission. The noticed public review period shall not be less than 20 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 and occupants of property contiguous to the project, and/or • within the required radius for public notice. Owners of such property shall be identified as 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. Z:\cc\resosbd\CEQAGUD3. DOC City Council Resolution No. 9273 CEQA Guidelines October 17. 1995- Page 8 F. Public Review. The Lead Agency shall provide a public review period for a proposed Negative Declaration. The noticed public review period shall be long enough to provide members of the public with sufficient time to respond to the proposed finding before the Planning Commission approves the Negative Declaration. When a Negative Declaration is submitted to the State Clearinghouse for review, the public review period shall not be less than 30 days unless a shorter period is approved by the State Clearinghouse. G. Consideration. Prior to acting on 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, or recommend that the City Council approve or disapprove the Negative Declaration. H. Approval. The Planning Commission shall approve the Negative Declaration or recommend that the City Council 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. I. Appeal of Planning Commission Action. Any interested party may appeal the Planning Commission's approval or disapproval 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 calendar days of the Planning Commission's action for cases involving Conditional Use Permit, Precise Plan, or Variance. (2) Within 10 calendar days of the Planning Commission's action for cases involving a tentative tract map or parcel map. (3) Within 5 calendar days of the Planning Commission's action for cases involving a denial of a Zone Change. (4) In the event of an appeal involving multiple applications, the less restrictive of the time specified above shall apply. 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 overturn the action of the Planning Commission, 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 Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 9 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. to 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, or overturn the action of the Planning Commission regarding the Negative Declaration or mitigated Negative Declaration, 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. In the event the City Council overturns 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 10. J. 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 approved of the Negative Declaration, on appeal, (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 provisions 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 of the end of the defined appeal period 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.' (4) The filing of the Notice of Determination starts a 30-day statute of limitations on court challenges to the approval under CEQA. Z:\cc\resosbd\CEQAGLJD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17. 1995- Page 10 Section 9. Procedures for the Preparation of EIR's. A. Decision to Prepare an EIR. If the Planning Director determines that it can be fairly argued based on substantial evidence in light of the whole record that 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. The decision to prepare an EIR will be made either during preliminary review identified under Section 4 of this Resolution, or at the conclusion of an Initial Study prepared pursuant to Section 6. When the Planning Director decides that an EIR will be required for a project, they shall follow the procedures contained in this section. 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 to the regional and municipal fixed -route transit operators shall include the "Transit Impact Review Worksheet," as contained in Planning Commission Resolution No. 1-93-4135. (3) 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 they 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 (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. Z:\cc\resosbd\CEQAGLJD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 11 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. 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 nor longer than 90 days from the date of the notice except in unusual circumstances to provide the public with sufficient time to respond to the proposed DEIR before it is considered at a public hearing. When a DEIR is to the State Clearinghouse for review, the review period shall be not less than 45 days. (3) Notice shall be mailed to the owners and occupants of property contiguous to the proposed project, and/or within the required radius for public notice; and to all organizations and individuals who have previously requested such notice. Notice shall also be given by publication, no fewer times than required by the Government Cede, 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. (4) 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. Comments received during the notice comment period shall be addressed in detail, giving reasons why specific comments and suggestions were not accepted. G. Recirculation of an EIR Prior to Certification. The Planning Director shall recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the DEIR under Section 8 (E) but before certification. As used in the section, the term "information" is pursuant of Section 15088.5 of the • State Guidelines. H. Preparation of Final EIR. The Planning Director shall prepare or direct the preparation of a final EIR before approving the project. The contents of a final EIR are specified in Section 15132 the State Guidelines. Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 12 I. 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. J. Appeal of Action By Planning Commission Regarding An EIR Any interested person may appeal the action of the Planning Commission regarding the FIR 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 calendar days of the Planning Commission's action for cases involving Conditional Use Permit, Precise Plan or Variance. (2) Within 10 calendar days of the Planning Commission's Action for cases involving a tentative tract map or parcel map. (3) Within 5 calendar days of the Planning Commission's action for cases involving denial of a Zone Change. (4) In the event of an appeal involving multiple applications, the less restrictive of the time periods specified above shall apply. An EI eer ification 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 action regarding 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 overturn the action of the Planning Commission, 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, uphold with modifications, or overturn the action of the Planning Commission regarding 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. Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 13 In the event the City Council overturns the action of the Planning Commission to certify the EIR, the Planning Commission shall revise the EIR pursuant to these procedures, and may extend • time periods as set out in Section 9. K. 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 certified an EIR on appeal, 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 Agency 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 of the end of the defined appeal period 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. Section 10. 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 conditional 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. Z:\cc\resosbd\CEQAGUD3. DOC ft City Council Resolution No. 9273 CEQA Guidelines October 17, 1995- Page 14 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. D. Non-compliance with any of the mitigation measures as determined by the monitoring department/agency and any measures taken to correct said non- compliance shall be immediately reported to the Planning Department. " Non- compliance with any mitigation measures and/or monitoring or reporting requirements will result in a written notice of violation from the City to the applicant at which time the City may order that all or a portion of pre -construction, post -construction activity or project implementation must cease until compliance is reached. E. CEQA and State and local guidelines, rules, regulations and procedures permit the City to impose any fees or charges associated with implementing the Mitigation Monitoring Program upon the project applicant. Section 11 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 Director accepts the application as complete, although the one- year time limit may be extended once for a period of not more than 90 days upon consent of the Planning Director and the applicant; or, complete a Negative Declaration in not more than 105 days. (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. Z:\cc\resosbd\CEQAGUD3.DOC • • City Council Resolution No. 9273 CEQA Guidelines October 17 1995- Page 15 (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 for completing and certifying a final FIR or the 105-day period for completing a Negative Declaration if: (a) The project will be subject to CEQA and the National Environmental Policy Act, (b) Additional time will be required to prepare a combined Environmental Impact Report -Environmental Impact Statement (EIR-EIS) or a combined Negative Declaration finding of no significant impact as provided in Section 15221 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 Sections 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 12 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. B. Fees shall be paid in accordance with the West Covina Municipal Code. C. 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. E. The City is permitted to impose fees associated with implementing a Mitigation Monitoring Program upon the project applicant pursuant the provisions of Section 10 (E) of this Resolution. FINALLY RESOLVED, The City Clerk shall certify to the passage of this resolution. APPROVED AND ADOPTED this 17th day of October, 1995. Mayor Z:\cc\resosbd\CEQAGUD3.DOC City Council Resolution No. 9273 CEQA Guidelines October 17. 1995- Page 16 qj ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) • I, Janet Berry, 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 17th day of October, 1995, by the following vote of the Council: AYES: Manners, McFadden, Touhey, Wong, Herfert Nlfjabl =1 :1 ABSENT: None City Clerk APPROVED AS TO FORM: City attorney b Z:\cc\resosbd\CEQAGLjD3.D0C