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 Resolution No. 8919 is repealed in its entirety and
superseded by this Resolution.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;
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(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;
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(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
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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.
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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.
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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.
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(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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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(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
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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
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