HomeMy Public PortalAbout75-034 (04-03-75)~
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RESOLUTIOV No. 75-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY
1 OF LYNWOOD REPEALING RESOLUTION NO.
AND ADOPTING NEW OBJECTIVES, CRITERIA AND
PROCEDURES IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
TI3E CITY COUNCIL OF THE CITY OF LYNWOOD hereby resolves
as follows:
Resolution No. 73-24, entitled "Resolution of the City
Council of the City of Lynwood Adopting Objectives, Criteria
and Procedures Implementing the California Environmental
Quality Act," adopted by this Council on the 3rd day of
April , 1975, hereby is repealed in its entirety.
The objectives, criteria and procedures to be used by this
City in implementing the California Environmental Quality Act
shall be as follows:
ARTICLE I - GENERAL
Section 1. Purposes. This Resolution implements the purposes
and provisions of the California Environmental Quality
Act of 1970 as amended by Chapter 1154 of the Statutes of
1972 (hereinafter referred to as "CEQA") and the Guidelines
for Implementation of the CEQA of 1970 which have been
adopted by the California Resources Agency (hereinafter
referred to as "Guidelines"). The enhancement and long-
term protection of the environment and the encouragement
of public participation ir. achieving these goals are objec-
tives of this measure.
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Section 2. Objectives. From time to time and under circumstances
as outlined by this Resolution, a document knoa~n as an
environmental impact report (hereinafter referred to as
an EIR) must be prepared as a prerequisite to approval of
a project. The functions of an EIR are to inform appropriate
officials of this City as well as the general public, of
tize environmental effects of proposed projects, of inethods
of reducing adverse impacts, and of alternatives to pro-
jects. The environmental effects set forth in the report
are to be evaluated by said City officials before a project
is approved. Said officials retain existing authority
to balance environmental objectives with economic,.social,
and other relevant objectives of the proposed project;
however, major consideration will be given to preventing
environmental damage.
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ARTICL~ II - ~.PPLICABI~LITY
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Section 3. 'Scop~ of ~'~pplicabili~v. This Resolution applies to
all projects which may have a significant effect on the en-
vironment involving discretio.^.ar~- decision-r.i~zxing on the
part of any City official, ar.d ~ahic':~ do not ra11 within any
class.of categorical exenptions set forth in Articie B of
the Guidelines and in Article VII hereof, are not ernerg~ncy
projects within the meanir.g of Ariicle IV hereo£; anci which
do not constitute feasibility or planning projects 4s
described in Article V hereof.
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~~RTICLE iI - APPLICi~BILITY
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Section 3. 'Scop~ o~ 1lpplicabilitv. This Resolution annlies to
all projects which may have a sirnificant e`_:.ect on the en-
vironment invoiving discretionary decision-making on the
part of any City official, and which do not rall within any
class_of cat~gorical exemptions set fortn in Articie fl oi
the Guidelir.es and in Article VII hereof, are not emerg~ncy
projects within the meaning of Ar~icle IV hereof; and ~~rhich
do not constitute feasibility or pianning projects as
described in Article V hereof.
Section 4. Ministerial Projects.
A. This Resolution does not apply to ministerial projects
approved by the City. Generally speakinq, a ministerial
project is or.e requirinq approval by a City official or
agency as a matter of law or one involving minimal independ-
ent exercise of judc~ment by such oificial or aqency as to
its wisdom or propriety.
B. The followinq actions hereby are found and determined
to be ministerial in nature:
(1) Issuance of Building, Construction and Related
Permits.
(2) Issuance o= Business Licenses;
(3) Approval of Final Subdivision Maps;
(4) Issuance of Grading Permits;
(5) Approval of individual Utility Service Coni:ections
and Disconnections; and
(6) Excavation Permits.
The determination as to whether or not a proposed project,
otner than those listed hereinabove, is ministeriul in
nature, and thus outside the scope of tnis enactment, shall
be made by the City on a case by case basis.
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ARTICLE III - DEFINITIONS
Whenever the following terms are used in this Resolution, they
shall have the following meaning unless otherwise expressly
defined:
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Section 5. Approval means a decision by the City, acting through
its various officials and departmenst, which conunits it to
a definite course of action with regard to a particular
project. As respects any project to be undertaken directly
by the City, approval shall be deemed to occur on the date
the council adopts a resolution making the determination
to proceed with a project. As respects private projects
defined in Section 23A(2) and (3), approval shall be deemed
to occur upon the earliest commitment to issue or the issu-
ance by the City of a discretionary contract, grant, sub-
sidy, loan, or other form of financial assistance, lease,
permit, license, certificate, or other entitlement for
use of the project.
For purposes of this Resolution, all environmental assess-
ments must be completed as of the time of project approval.
Section 6. Categorical Exemption means an exemption from the
requirement of preparing a negative declaration or an EIR
even though the proposed project is discretionary in nature,
as more particularly described in Article VII infra.
(CEQA; California Environmental Quality Act. California
Environmental Quality Act (CEQA) means California Public
Resources Code ~§ 21000, et seq.) ~
Section 7. City means the City of Lynwood, acting by and
through its various officers, departments and commissions.
Section 8. Council means the City Council of the City of
Lynwood.
Section 9. Discretionary Project means a project approval of
which requires the exercise of independent judgment,
deliberation or decision-making on the part of a City
official or agency.
Section 10. Emergency means a sudden, unexpected occurrence
demanding immediate action to prevent or rnitigate loss
or damage to life, health, property, or essential public
services.
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(iii) Use o` alternativc ~eans or
shipping which aliow `or energl~ savings.
(e) Efficient lighting practic~s including
use of indirect natural lignt, use of efficient
lighting fixtures, establisiunent oi reasonable
lighting criteria to prevent over illi:minatioa,
and minimum use ot architectural or display
lightiag.
(f) Energy conserving construction practices.
(g) Use of energy conservation devices such
as flywneels.
(h) Rate structures which discourage un-
- necessary energy consumption.
(i) Use of animal power ~anere suc~i use is
feasible.
(j) Waste heat-recovery_
(;c) Recycling ar.d use o~ recycled materials.
(4) Alternativcs to tne Propcscd Ac~ion: Describe
reasonable alternatives to the project, or to the location
of the project, which coulci ~easibly attain th~ basi_c
objectives of the project, and ~ahy they were rejecLed in
favor of the ultimate choice. The speci.fic alternative
of "no project" must also al~:~a~~s be evaluated, along ~~itn
the impact. Describe alternatives capable of substantially
reducing or eliminating any environment~lly acivers~ irlpacts,
even if these alternatives sitbstantially impede tiie attain-
ment of the project objectives, and are more costly.
(5) The R~lationship Bet~;*een Local Short-T~rm Uses
of Man' s Enviro:~nlent ar.d the ~iaintenance ar.d
Enh~ncement of Loncr-ierm Productivity: Describe
the cumulative and long-term efrects of tne proposed project
~•~hich adversely affect the state of :he environ:,tcnt. Special
attention should be given to impacts which narro~a the range
of beneficial uses of the er.vironment or pose 1o.~g-term.
risks to health or safety. In aadition, the reasons why the
proposed project is believed by ti~e s~~onsor to b~ justizi~d
now, rather than reserving an ontion for rurther alternatives,
should be explained.
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{6) I~nv Irr~evcrsible E:zvironr,~"ntal_Cn~~n~,es ::'!~ich
j,iould be Involved in the Proposecl E~ctior.
• Shoulu it be Implemer.ted: Us~s of non-rcnewable
resources during the initial and continued phases of the
project may be irreversible since a la-rge commitment of such
resources makes removal or non-use thereafter unli'{~ly.
Primary impacts and, particulariy, secor.dary i.mpacts
generally coT~-ni~ future generations to similar uses. also
irreversible damage can result from environraental acciden~s
associated with the project. Irr~trievable con~itments of
resources should be evaluated to assure t„ut such consur~otion
is justified. -
(7) Tne Gro~ath-Inducinq Impact of the Propo~ed ;ction:
Discuss the ways in which the proUOSed project coulci toster
economic or population growth, either directly or ir.directly,
in the surrounding environment. Included in this are pro-
jects which ~•~ould remove obstacles to population arowth (a
major expansion of a waste ~oat~r trea t~nent plant might, for
example, allow for more construction in service areas).
Increases in the population may further ta:c existing
com,-nunity service faciiities so consider~tion must be given
to this impact. Also discuss the characteristic o~ some
projects which may encouraqe and facilitate other activities
that could significantly af_`ect the environment, ei~her
individually or cumulatively. It mt.st not be asst:mcd tnat
growth in any area is necessaril1 i~eneficial, detrimental,
or of little significance to the environment.
(8) F;ater Quality Aspec~s: Describe in the environ-
mental setting section, and other sections o:here anplicable,
water quality aspects of t,ze proposed nroject which have
been previously cer~ified uy the appropriate state or inter-
state organization as being in substantial compliance with
applicable water quality standards.
D. Preparation of Draft EIR; bv .vho~.:
(1) As to the projecis defin~d in A~ticle III, Scction
23 A(1) of this Resolution, the draft EIR shall :~e under-
taken by the P.esponsible Official or by private e~:p~.rts
pursuant to contract ~•~ith tiie City.
(2) As to projects deiined in Article III, S~ction 23
A(2) and (3) the person or entity proposing to carry out
the project shall submit a draft EIR, containinr, ~l~e intor:~la-
tion required by subparagraph A above, for revie~~. and con-
sideration by the Responsible Of~icial. The Respo;.sible
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Official shall independentl,~ analy~e thc dr~~~t i:~i~ sub-
mitted pursuant to this sub-section to verify its accuracy
and objectivity prior to certifying its compl~tion. The
Responsible Official may, if he deems it appropriate,
arrange to have this analysis ~erformed by a private
expert in the field; in that event, the fee charr,ed by
such expert shall be borne by the person or agencv pro-
posing to carry out the nrojcct. Said person or a7ency
shall supply such additional datu as t'r,e hesponsible
Official may deem necessary for tnc completion o~ the _
draft EIR.
(3) Before determining the draft EIR to be co:~lplete,
and as early as possible in the preparation of the draft,
the Responsible Official, or other person preparing the
draft, shall consult with a11 the other public age:~cies in-
volved in carrying out or approving the projec~. This early
consultation is aesigned to insure that the drazt ~IR will
reflect the conccrns of al1 responsible agencies ~;hich will
issue anprovals for the project. Similarly, the Resoonsible
Official, or other person preparing ±he draft LIR, should
consult directly with any perso„ or orcanization believed to
be concerned with the environ.-nental e~fects of the oroject.
(4) The identity of the person(s), firm or agency
preparing tne EIR, by contract or other autno~-ization, must
be included therein as well as the ~deirticy of a~l °ederal,
state or local agencies, otiier organizations and private
individuals consulted in preparing L-he EIR.
(5) The applicant shull specify, to tt:e best of his
knowledge, in the draft EIR, or.in a separate docu.aent, the
other public agencies which will have approval authority
over the project.
(6) [Vith respect to ~vater ru<~1ity aspects o~ the pro-
posed project whic2l have been previously certified by tlze
appropriate state or interstate o~ganization as being in
substantial compliance with applicable watcr quality
standards, the draft EIR shouid inciude a reference to
such certification.
(7) The degree of specificity r.cquired in an EIR will
correspond to the degree o~ specificity ir.volved ir. the
underlying activity which is described in the EI~.
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(8) At least fifteen copies or ~he EIR shali t~e sub-
mitted,to the.Responsible O~ficial.
E. Completion of Draft EIR. 59nen the Responsible Official
is satisfied that the draft EIR is complete, :.e ma,~ either
present the sanie to the official, depar~~~ent or acenc}~
which will approve or disapnrove tne project for a deter-
mination thereby as to the ~IR's completencss, or .,:e may
make this determination himself. After the draft P,IR 1~as
been determined to be compiete, the Responsible Official~
shall file a Notice of Completion with tne Secr~tury ot
the Resources Agency on a form attacned ,zereto as Exhibit.
"D". Said Notice shall contain the tollowing:
(1) a brief description o~ the proposed project;
(2) the location of the pronosed project;
(3) information ir.dicating where copies os the dra~t
EIR are available for review;
(4) the period durinq which comments ~•~ill be ~e-
ceived;
(5) I'iling shall be deemed comulete when the ?~otice
of Completion has been deposited in the United Sta~es mail
addressed to th~ Secretary of Resources, or ~ahen delivered
in person to the Office or the Secretary; and
(6) where the EIR will be revie~ved through the state
review process handled by the State Clearinghous~, the
cover form required by the State Clearingho~.ise will serve
as the Notice of Completion and no tiotice of Comple~ion
need be sent to the Resources Agency.
F. Posting of ~'otice of Comnletion. Simult~neously with
the filing of a Notice of Completion, the City snall cause
copies of said Notice to be posted at tnree public places
in the City.
G. Review of Draft EIR bv Other Public Agcncies Gnd
Persons ~aith Special L;:ti~ertise.
(1) Gen~.ral.
(a) After filing and posting a Notice of Comple-
.'. ~ tion, the Responsible Oificial snall submit copies of
the draft EIR for review and comment to public agencies
having jurisdiction by la~a over the proposec project.
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`i'he identity of those public agencies ;~aving ji:ris-
diction by law over the projec~ sl:all be det~rmined
on a case-by-case basis. The City should comoile
listings of other agencies, particularly local
agencies, ~onich have jurisdiction by law and/or
special expertise ~aith respect to various projects
and project locations. Such listings.should be a
c~uide in determining ~anich agencies should be con-
sidered with regard to a particular project. EIR's
to be reviewed by state agencies snali be sub:nitted,
to the State Clearinghouse, 1400 Tenth Street,
Sacramento, California 95814.
(b) The Responsible Official may send copies
of the draft EIR to public agencies or persons with
special expertise whose comments relative to the
~ draft EIR ~aould be desirable.
(c) Each public agency and/or pcrson to whom a
draft EIR is sent under (a) or (b) a:~ove snall be
advised in writing that t:~ey rnay submit ~vrittan
coiru-nents to the City within thirty dar~s or such
longer period of time as may be speci~ied by the
Responsible Official; provided, ho~•~ever, that review
periods for state agencies snall be at least as long
as the period provided in the state review system
operated by the State Clearinghouse.
(d) To make copies of EIR's availabl~ to the
public, Lead Agencies srould iurnish conies of draf~
EIR's to appropriate public libr~ry systems.
(e) Public hearings may be concucted on the
environmental documents, either in separate pro-
ceedings or in conjunction with other proceedings
in the public agency.
(2) Pailure to Corlment. In the event a public agency
or person whose comments on a draft ~IR are solicited nur-
suant to Subsection l, above, fails to conmlent within the
time period established, it shall be assumed, absent a
written request for a specific extension of time for re-
vie~v and corn,-nent, together with the reasons tnereror,
that such agency or person has no co~ment ~o m~ka. Ar,y
extension of time granted by the Responsible O~ficia~i
- shall be reasonable under the circumstances, but orcinar-
_ ily shall not cover a period greater than the time period
- initially established for review and comment.
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(3) Con~inued Plannin, Acti.vities. Conti_nu~ci pianning
activities concerning the proposed project, short o° formal
approval thereof, may continue durinc7 the period set aside
for review and comment on the draft EIR.
H. Availabi.litv of the Draft EIR for ::cvi_e~•~. Pollo~aing
the filing of the Notice of Completion as reauired by Sub-
paragraph E above, cooies of the draft EIR shall be :nad~
available at the Citv Clerk's office for review or -
acquisition by members of the general public. An,~ person
requesting a copy of the draft LIR from tne City s:~all be
charged the actual cost of reproaucing it.
I. rinal EIR.
(1) Preoaration. Following the receipt of con~.ments
dn the draft EIR by other public agencies and persons with
special expertise as required by Subparagraph G auove, com-
ments that nave been received shall be evaluated and then a
final EIR shall be prepared.
(2) Contents.
The final EIR shall consist of:
(a) The drart EIR or a revision or the draft.
(b) Comments and recomr~endations received on
the draft EIR either verbatim or in summary.
(c) A list of persons, organizations and public
agencies commenting on the draft EIR.
(d) The responses of t;:~ ~ead I~gencl~ tc
significant environ:ne;.tal points raised in the review
and consultation process.
The response of the Responsible Ofiicial to conmlents received
may take the form of a revision of the draft EIR or may be an
attachment to the draft EIR. The response shall cescribe the
disposition of significant environmental issues raised (e.g.,
revisions to tne proposed project to mitigate anticipGted im-
pacts or objections). In particular, the major issues raised
when the Respo.7sible Official's position is at variar.ce 4~ith
recommendations and objections raised in the commeats must be
- addressed in detail giving reasoils ~~:h,~ specific co:~:,leats and
. , suggestions were not accepted, and factors of over-ridizg
importance warranting an over-ride of the suggestions.
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(3) ~~vhom Preoared. Ordinarily the final ~1R should
be preparecl b}~ the Responsible O~fici.al. Iiov.~ever, ~r~i~~re ap-
propriate, the Responsible Official may arrange. to l~ave the
final EIR prepared by a private ezpert in the field. In that
event the fee charc~ed by suc : expert shall be borne i.•;~ the
person or agency proposing to carry Qut the project.
J. Public Ilearings. With respect to ar.y projec~ concern-
ing k~hich a public hearing must be held prior to tne approval
or disapproval thereor, if an EIR has been sub:nitted with
respect thereto then a nublic hearing shall also be held.on
the EIR. The hearing on the rIR may be h~ld concurrently
with the hearing on the projec~. The requirements of notice
and the procedural rules governing hearings on projects
snall also govern hearings on EIR's.
With respect ~.o all other pro;ects, no public hearing
shall be required on the EIP.'s submitted in conncction there-
with. However, if the Responsible Ofticial determines that
a public hearing on sucn a:Z EIR would be desirable, in light
of the purposes and provisions of this Resolution, he may
require that the same be held.
K. Certification of Final EIR; Dc~cision on Pro~c-ct. Follow-
ing the preparation of the final LIR, it shall be presented
to the City Official or body cnarged with the resnonsibility
of approving or disapprovir.g tne project. (I~ additional
comnents ~•~ith respect to the EIR are maue at a public hear-
ing on the EIR, those comments and the responses thereto
should be included in the official minutes of the hearina;
and a copy of those minutes should be attached to and made
a part of the final EIR.) Tf said official or body finds the
EIR insufficient, either the EIR snould be modified by said
official or body or the spacific areas in ~~nich more inforr,ta-
tion is required should bc noted, and tne rIR relerred back
to the Responsible Official for fhe necessary r,lodifications.
If said official or body finds the finul EIR to be in order,
it shall certify that the final EIR has been completed in
compliance with C~QA, the Guidelines, and this Resolution
and that it has reviewed and consic:ercd tl~e information con-
tained in the final ~IR. 7'he proposed project may then be
approved or disapproved.
L. Notice of Detcr.mination. Following approval or dis-
approval of the project, the Cit;r snall cause to Ue p-r~pared
a Notice of Determination on a form attached hereto as
- Exhibit "C" ~ahich shall contain the following:
(1) The decision of the City to approve or disapprove
the project;
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(2) The determinatio.l of ti~e C~tv as to wnetner the
project wi11 or will not have u signiiicant cifect on the
environment; and
(3) A statemer.t or whether arz EIR has been prepared.
Said Notice shall then be filed ~~:ith.the County C1erk of
the county or counties in which the project is located.
If the appropriate City Official or body dec.ides ~o approve
a project for ~ahich serious adverse e~ivironmental conse-
quences have been identified in an EI~, said o~ficial or
bony may, but is not required to, ~ake a statement identify-
ing the other interests and considerations which, in its
determination, warrant approval of the project. Such a
statement, if made, should be included in the record of the
project approval and may be attached to the Notice of
Determination. If the project requires discretionary
approval from a state agency, the Notice shall be filed with
~he Secretary for Resources.
M. Costs. As to projects covered by Section 23 A(2) and
(3), the person or entity nroposing to carrl out the project
requiring approval by the City shall bear all costs
incurred by the City in preparing ar.d filing the EIR, as
well as all publication costs incident thereto.
ARTICLE VII - CATEGORICAL E'1>E!•SPTIG`IS
Section 33. Exemptions. The following classes of projects, in
accordance wii.h and pursuant to Article 8 of the Guidelines,
have been determined not to have a significant effect on the
environment, and therefore are declared to be categorically
exempt from the requirement of preparin, a negative declara-
tion or an EIR. The categorical exemptions listed 'nerein
are not intended to be, and are not to be construed to be, a
limitation on the categorical exemptions set forth in
Article 8 of the State Guidelines.
Class l: Existing Facilities. C1ass 1 consists of
the operation, repair, maintenance or minor alteration of
existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible
or no expansion of use beyond that previously ex~sting, in-
cluding but not limited to:
(1) Interior or exterior alterna~ioizs involvir,g
such things as interior partitions, plumbing and
electrical conveyances;
(2) Existing facilities o~ both in~estor, ann
publicly owned utilities used to convey or distribute
electric power, natural gas, sewage, etc.;
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{3) F:{isting hi;rn~~~a~~s ar.d streets (~.ait~;in a~-
ready established rights-or-~~:uy) side•:aalks, qutters,
bicycle and pedestrian trails, and similar facilities;
(4) Restor~tion, or rehabilitation oi deter,i-
orated or damaged structures, facilities or mechanical
e.quipment to meet current stan^,ards of oublic hea1t11
and sa£ety, unless it is determi;Zed th~~t the da.nage
was substantial and resulted from an environmental
hazard such as earthquake, landsiine or flood;
(5) Additions to existing structures p~ovided
that the addition will not result in an increase of
more than 50 percent or the floor area of the structure
before the addition or alteration, or 2500 square
feet, wYiichever is less;
(6) Addition of safety or health protection
devices £or use during const~~uction ot or ir. cor.-
junction with existing structures, faci:Lities or
mechanical equipment, or topographical features (in-
cluding naviqational devices) ~aizere thesc uevices do
not have or result in an adverse environmen~al impact;
(7) New copy on existing on and orf-premise
signs;
(8) Maintenance oi existing landscapinr, :,ative
growth and water supply reservoirs (excluding the use
of ecoiiomic poisons, as defined in Division 7, Chapter
2, California Agricultural Code);
(9) ~iaintenance of rish screens, fish ladders,
wildlife habitat areas, artificial wildlife ~~~aterway
devices, streamflows, sprir.gs and waterholes, and
stream channels (clearing oi debris) to protect fish
and wildlife resouices.
(10) Fish stockin, by the California Department
of Fish and Game.
(11) Division of existing multiple famil1 rental
Lnits into condominiums.
(12) Demolition and removal of buildi~~r,s anci re-
iated structures except where tney are of historical,
. archaeological or architectural consequenc•~ as or"ficially
• designated by Federal, State or local government action.
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C1ass 2: Renlacement or Recor.st.ructioi;. Class ? con-
sists of replacement-or reconstruccion o~ e:;isting st~uc-
tures anG facilities where the r.ew structure or facilit,~ -
will be located on the same site and ~~,ill have substantially
the same purpose and capacity as the s~ructnre or_ facility
replaced or reconstructed, including but not limitcd to:
(1) Replacement or recor.struction o~ e::isting
structures to provide cartnqu~:,ke resistant structures
which do not increase capacity by more than 500.
Class 3: New Construction of Small Struct~,:res. Class
3 consists of construction of new small facilities or
structures and installation of new small equipment or
facilities, including, but not limited to:
(1) Single family residences not in conjunction
-~ with the building of two or more such units.
(2) ~iotels, apartments, anc duplexes designed
for not more than four dwelling units if not in con-
junction ~vith the building of two or more such
structures.
(3) Stores, offices, and restaurants if designed
for an occupant load of 20 persons or less, i~ not in
conjunction witn the building of two or more such
structures.
(4) Water main, sewage, electrical, gas ar.d other
utility er.tensions of reasonable lenqth to serve such
construction;
(5) Accessory (ap~urtenant) stru~tures including
garages, carports, pa~ios, swirmning pools and rences;
(6) Traffic control devices in public rights-of-
way
Class 4: Minor Alteraiions to Land. Class 4 consists
of minor public or nrivate alterations in the condition of
land, water and/or vegetation, which do not involve re~oval
of mature scenic trees except for forestry and agricultural
purposes. Examples include but are not limited to:
(1) Grading on land with a slope of less ~nan
10 percent, except where it is to be located in a
waterway, in any wetland, in an officially designated
(by Federal, State or local Governmental action)
scenic area, or in ofricially mapped areas o~
severe geologic hazard;
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_ (2) rlew gardening or landscapic:g, i~ut not _
including tree removal; ~
(3) Filling of earth into previously e:~cavated
land with material compatible saith the natural
features of the site;
(4) ~iinor alterations in land, ~~~ater a:~d vegeta-
tion on existing orficially designatcd ~;:ildli~e
management areas of fisn production facilities wnici~.
result ir. improvement of habitat f~r fis]z and wild•-
life resources cr greater fish production;
(5) Diinor temporary uses of land having negligible
or no permanent ei~ects on.the environment; and
° (6) Minor trenching and backfilling ~aher~ the
surface is restored.
Class 5: Alterations iz: Land Use Limitations. Class 5
consists of minor alterations in land use limitations, e~;cept
zoning, which do not result in the creation of an•,~ i~e~•:
parcels, nor in any change in permi~ted land use nor in any
increase in permitted density of development.
Class 6: Information Coll~ctio:~. Cl~:ss 6 consists of
basic data collection, researcn, experimental management and
resource evaluation activities which do not resul~ in a
serious or major disturbance to an enviroi,mentai ~esource.
These may be ior strictly information gathering purposes, or
as part of a study leading to an actio:, which a public agency
has not yet approved, adopced or ~unded.
Class 7: Insoections. C~ass 7 consists of activities
limited entirely to inspection, ~o cneck for periormance of
an operation, or quaiity, health or sa~ety or a project,
including related activities.
C1ass 8: Accessory Structur~s. Class 3 cor.sists of
construction or placement of minor structures accessory or
appurtenant to existing commercial, industrial, or institu-
tional facilities, including but not limited to, on premise
signs and small parking lots.
Class 9: Surr,lus Governmer.t Pro~~~rtv Sales. Class 9
- consists of sales of surplus government propert}~ except for
_ parcels of land located in an area of statewide interest or
- potential area of critical concern as identified in the
Governor's Environmental Goals and Policy Report of June 1,
1973.
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Class 10: r~ctions Taren bv K~~r,ulatorv lqencies for
the Protection of Natural R~sourccs. Class 10 consists of
actions taken by regulatory agencies as authorizec by ~
state la~a or local ordinance to assure tne maintenance,
restoration, or enhancement of a natural resource ~•~here
the regulatory process involves procedures for protection
of the environment. Examples include bu~ are not limited
to wildlife preserv~tion activities of the State Deuart-
ment of Fish and Game. Construction activities are not
included in this exemption.
Class 11: Actions Tanen bv Requl~tor~~ Aqencies for
the Protection of tlie Envi.ronment. Class 11 consists of
actions taken by regulatory agencies, as autnorized by
state or local ordinance, to assure the maintenance,
res~oration, enhancement, or protection o~ the environment
where the regulatory prccess involves procedures for
protection o~ the environment. Construction activities
are not included in this e~:emption.
Class 12: Acauisition o_` La~1cs for i~ildli_`:
Conservation Purpo~es. Class 12 consists of the acc~uisition
of land for fish and wildlife conservation purposes; includ-
ing preservation of fish and wildlife habitat, establishing
ecological reserves.under Fish and Game Code Section 1560,
and preserving access to public lands and waters where tne
purpose of the acquisition is to preserve the land in its
natural conciition .
Class 13: Minor Additions to Schools. Class 13 con-
sists of minor additions to existing scnools within existing
scnool grounds ~anere the addition coes not increase original
student capacity by more than 25~ or five classrocros, wnich-
ever is less. The addition of portable classrooms is
included in this exemption.
Class 14: Fui:ctior.al Eauivalent of aa EIP. Class 14
consists of regulatory programs of tne City whose purpose
includes environmental protection and whose process involves
the functional equivalent of an EIR. To qualif~ for an
" exemption under this section, the public agency must :~ave
its process certified as a functional equivalent bl the
Secretary for Resources. The Secretar~ for Resources ma1
withdraw the certification after notice and hearir.g
pursuant to Government Code Title 2, Division 3, Chapter 4.5.
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Section 34. Ne~,~ Excmntions. The CoLncil na,~, fro;a t~;n~ to time,
upon the recommendation o±=-the Responsible Official, identify
additional t~pes of projects~~;hich nave becn determined riot
to have a significant e~fect on the environment and which are
exempt from the requirements of this resolution.
ARTICLE VIII - SU3SiQ[~I;tiT LIR' S
Section 35. Tti'nere an EIP, has been preparen, no additional EIR .
need be prepared unless: --
A. Substantial changes are proposed in the project which
wiil require_major revisions of the EIR, due to tne involve-
mer.t of new environmental impacts not considered in a pre-
vious EIR on the project; or,
B. There are substantial changes witn respect to the cir-
cumstances under whicn the project is to be uncler~aken,
such as a change in the prooosed location of the project,
wnich will require major revisions in the F.IR due to the
involvement of new environmental impacts not covered in a
previous EIR.
ARTICLE 1X
USE OF A SINGLE EIR FOR tiORE TH :`.; O,~E PROJECT
Section 36.
A. Two Projects lindertake„ at t'~e Sa~~e Time. A single
EIR may be utilized to describe more t:~an one project when
the projects are essentially the same in terms of environ-
mental impacts. Any environmental impacts peculiar to
any one of the projects must be separately set forth and
explained.
B. Later Pro'ccts. An EIR on an earlier proj~ct may be
ui.ilized to apply to a later project if the environmental
impacts of the projects are essentially the same. If there
are environmental impacts applicable to the later project
which were not associated with the earlier projec~, the
earlier EIR must be amended to separately set forth and
explain said impacts. In this resoect it is reco,nized that
the considerations facing tne decision-making officials and
_ bodies of this City will vary depending on the precise
approval being requested. It will therefore frequently be
.~. appropriate to prepare a basic EIR for the proposed activity
and to supplement the same with appropriate amendmants at
the various stages of approval.
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~~Ri'ICL~ a - PARTIl~L INVAiIDI'Pl'
5ection 37.• In the event any part or provision
shall be determined to be invalid, the rem
the Resolution which can be separatec~ from
enforceable provisions, sha11 nevertheless
force.and e~fect.
~ .
of this Resolution
aining tortions of
the invalid un-
continue in full
APPROVED and ADppTID this 15th day of April, 1975.
,.
Mayor of e y o Lynwood
ATPEST:
i `
^ /-._, ~: L~ ~ ~ -`(
City erk, City o I{yn ood
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, • , --------~ --,--
. - INITIAL S~i~UDY
Name of Project Proposer:
Address:
Nature and Description or ~roject:
Address of Project:
(If Legal Description, Please Attach Separately)
Action by the City necessary for Project Implementation:
Is the Project of such significance that it will
effect on the environment of the City?
Project Proposer: Yes
City Y~S
If the answer is yes, a full environment im~
statement evaluation should be con.pleted.
What is the environmental impact of the proposed
have a non-trivial
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tio
~act
project or action?
Are there any adverse environmental effects which cannot be avoided
if the proposal is implemented? If yes, what are they?
What mitigation measures are proposed to minimize the imuact?
- ~ What are the alternatives to the proposed action or project? (That
is, other than not doing it at all?)
.
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EXHIBIT "A"
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. What is the relationship between local ~short-term uses ot mun's
environm~nt and the maintenance-and enhancement of l.ong-term ~
productivity? (Will the proposed short-term us~ deter from the
maintenance and enhancement of long-tern environmental goals?)
Are there any irreversible environmental changes wnicn ~•:ould be
involved in the proposed action or project should it be i:nplemented?
How will the proposed oroject foster economic or population growth,
either directly or indirectly, in the community?
For City Use Only:
RECONuti1ENDED ACTION:
RECORDED AND FILED: i•iontn
Day
Year
By:
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(Clty)
~ (Address)
STATEb1ENT OF NON-APPLICABILITY
Name cf Project:
Location:
~ ~
.
r~nLiry or rerson undertakinq Pro~ect:
1) Name
2) Address
Staff Determination
The undersigned, having undertaken and completed a preliminary
review of this project in accordance with Resolution vo.
has concluded that this project does not require ~urther environ-
mental assessment by this City because:
[] l. The proposed acting does not constitute a project
within the meaning of Section 23.
(] 2. The project is a Ministerial Project under Section 4.
(] 3. The project is an Emergency Project under Section 26.
[] 4. The project constitutes a reasibility or planning study
under Section 27.
[] 5. The project is categorically E:{empt under Section 33.
Applicable Exemotion Class
(] 6. The environmental consequences of the project have been
previously identified in an ~IR wnich was certified as
complete by the City.
[) 7. The project involves another nu~lic age:~cy ~•rizich consti-
tutes the lead agenc1.
Name of Lead Agency.
DATE:
TITLE)
E3~HIBIT "B"
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- - - (Citl~ - -
NOTICE OF DETERMINATION
Description of Project:
Name of Applicant:
This Project was (approved, disapproved) by
' (issuing body or person)
on It
(date) ~
was determined by the
(issuing body or person)
that the project (will, will not) have a significant e~fect on the
environm~nt.
An Environmental Impact Report (taas~ Wa5 not) prepared for this
project pursuant to the provisions of the Calitornia Environmental
Quality Act of 1970.
Signature
Title
Date
EXHIBIT "C"
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. .
. .~ ~ , r~ ~ • r ~. 1
, . .
' . (DISTRICT) _
ADDRESS
NOTICE OF CONIPLETION -.
Responsible Agency Division
Name of Project
Location
Contact Person Area Code Phone Extension
PROJECT DESCRIPTION OF NATURE, PURPOSE, AND BENEPICIARIES
Project location - City
Time Period for Review
Address where copy of draft EIR is available
~- DATE RESPONSIBLE OFFICIAL
. EXHIBIT "D"
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STATE OF CALIFORNIA )
. ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of ~he City of
Lynwood, do hereby certify that the above and foregoing
resolution was duly adopted by the City Council of said
city at a regular meeting thereof held
in the City Hall of said City on the 15th day of
April , 19'75 , and passed by the following vote:
AYES: COUNCILMEN Byork, Green, Liewer, Morris, Rowe
NOES: COUNCILMEN None
ABSENT: COU~ICILMEN None
~~~,~~~~~ ,, / J~ ' '~~lc-C~~~ZGQ
G~ ~EF~K, CITY OF LY WOOD
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RESOLUTION No. 75-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD REPEALING RESOLUTION NO.
AND ADOPTING NEW OBJECTIVES, CRITERIA AND
PROCEDURES IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
TFiE CITY COUNCIL OF THE CITY OF LYNWOOD hereby resolves
as follows:
Resolution No. 73-2~, entitled "Resolution of the City
Council of the City o£ Lynwood Adopting Objectives, Criteria
and Procedures Implementing the California Environmental
Quality Act," adopted by this Council on the 3rd day of
April , 1975, hereby is repealed in its entirety.
The objectives, criteria and procedures to be used by this
City in implementing the California Environmental Quality Act
shall be as follows:
ARTICLE I - GENERAI~
Section l. Purposes. This Resolution implements the purposes
and provisions of the California Environmental Quality
Act of 1970 as amended by Chapter 1154 of the Statutes of
1972 (hereinafter referred to as "CEQA") and the Guidelines
for Implementation of the CEQA of 1970 which have been
adopted by the California Resources Agency (hereinafter
referred to as "Guidelines"). The enhancement and lonq-
term protection of the environment and the encouragement
of public participation in achieving these goals are objec-
tives of this measure.
Section 2. Objectives. From time to time and under circumstances
as outlined by this Resolution, a document known as an
environmental impact report (hereinafter referred to as
an EIR) must be prepared as a prerequisite to approv~l of
a project. The functions of an EIR are to inform appropriate
officials of this City as well as the general public, of
the environmental effects of proposed projects, of inethods
of reducing adverse impacts, and of alternatives to pro-
jects. The environmental effects set forth in the report
are to be evaluated by said City officials before a project
is approved. Said officials retain existing authority
to balance environmental objectives with economic,.social,
and other relevant objectives of the proposed project;
however, major consideration will be given to preventing
environmental damage.
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F~RTICL~ iI - APPLICI~BILITY
Section 3. 'Scope of 1lnolicabilitv. This Resolution anplies to
all projects which may have a significant effect on the en-
vironment involving discretionary cecision-making on the
part of any City official, and whici; do not rail ~aithin anv
class.of cateyorical exenptions set forth in Articie B of
the Guidelines and in Article VI~ hereor, are i~ot emergency
projects witnin the meanir.g of Articie IV h~reof; and wnich
do not constitute ~easibility or planning projects as
described in Article V hereof.
Section 4. Ministerial Pro;~ects.
A. This Resolution does not apply to ministerial projects
approved by the City. Generall_v speaking, a ministerial
project is or.e requiring approval by a City official or
agency as a matter of law or one ii:volving minimal. independ-
ent exercise of judgment by such oificial or agenc~~ as to
its wisdom or propriety.
B. The follo~ving actions her~by are found and determined
to be ministerial in nature:
(1) Issuance of Builcing, Construction and Related
Permits.
(2) Issuance of Business Licenses;
(3} Approval of Final Subdivision biaps;
(4) Issuance or Grading Permits;
(5) Approval of individual titility Service Connections
and Disconnections; and
(6) Excavation Permits.
The determination as to whether or not a proposen project,
other than those listed hereinabove, is ministeriul in
nature, and thus outside the scope of tnis enactment, sha11
be made by the City on a case by case basis.
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ARTICLE III - DEFINITIONS
Whenever the following terms are used in this Resolution, they
shall have the following meaning unless otherwise expressly
defined:
Section 5. App.roval means a decision by the City, acting through
its various officials and departmenst, which conunits it to
a definite course of action with regard to a particular
project. As respects any project to be undertaken directly
by the City, approval shall be deemed to occur on the date
the council adopts a resolution making the determination
to proceed with a project. As respects private projects
defined in Section 23A(2) and (3), approval shall be deemed
to occur upon the earliest commitment to issue or the issu-
ance by the City of a discretionary contract, grant, sub-
sidy, loan, or other form of financial assistance, lease,
permit, license, certificate, or other entitlement for
use of the project.
For purposes of this Resolution, all environmental assess-
ments must be completed as of the time of project approval.
Section 6. Categorical Exemption means an exemption from the
requirement of preparing a negative declaration or an EIR
even though the proposed project is discretionary in nature,
as more particularly described in Article VII infra.
(CEQA; California Environmental Quality Act. California
Environmental Quality Act (CEQA) means California Public
Resources Code §§ 21000, et seq.) .
Section 7. City means the City of Lynwood, acting by and
through its various officers, departments and commissions.
Section 8. Council means the City Council of the City of
Lynwood.
Section 9. Discretionary Project means a project approval of
which requires the exercise of independent judgment,
deliberation or decision-making on the part of a City
official or agency.
Section 10. Emergenc means a sudden, unexpected occurrence
demanding immediate action to prevent or rnitigate loss
or damage to life, health, property, or essential public
services.
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Section 11. Environment means the physical conditions which exist
in the area which will be affected by a proposed project
including land, air, water, mincrals, flora, fauna, ambient
noise, objects of historic or aesthetic significance.
Section 1.1.5 Environmental Documents means draft and final ~IR's,
initial studies, negative declarations, notices of completion,
and notices of determination.
Section 12. EIR means a detailed statement setting fortii the
matters specified in Section 21100 of the Public Resources
Code as more particularly described hereinafter in Section
30 and may mean either a draft or a final EIR.
Section 13. EIS - Environmental. Impact Statement means an envi-
ronmental impact docurient prepared pursuant to the National
~nvironmental Policy Act (NEPA).
Section 14. Feasi_ble means capable of being accomplished in a
successful manner by reasonably available, economic, and
workable means.
Section 15. Guidelines means the Guidelines for Implementation of
the C~QA of 1970 adopted by the California Resources Agency
as they now exist or hereafter may be amended.
Section 15.5 Initial Study means a preliminary analysis prc.par~d
by the lead agency to determine whether an EIR or a negative
declaration must be prepared for a project.
Section 16. JurisdicLion^by_Law.
(a) Jurisdiction by law means the authority of a public
agency (1) to grant a permit for or provide funding for
the project in question, or (2).to ex~rcise authority
over resources which may be affected by the project.
(b) A city or county will have jurisdiction by law with
respect to a project wlien the cit~T or county is tlie site
of the project, the area in which the major environraental
effects will occur, and/or the area in which reside those
citizens most directly concerned by any such environmental
effects.
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(4) an activity involving the enactment ar.d a,.end-
ment of zoning ordinances. •
B. Project does not include:
(1) anytning specifically etiempted by state 1aw;
(2) prooosals for legisiation to be ~:nact~:d by the
State Legislature other than requests by sta~a ag~ncies
for authorization or tunding for projects irzdependently
from the Budget Act;
(3) continuing administrative or maintenance activ-
ities, such as purchases for sunplies, p~rsonnel-related
actions, c~eneral nolicy and procedure makinq (except as
they are applied to specific instances covered above),
feasibility or planning studies; and,
(4) thc submittal of proposals to a vote of the
people o£- the state or of a particular community, i.e.,
Lhe City.
C. The term "project" refers to the underlying activity
and not to the govesnmental approval process.
Section 24. Responsible Official means that member of the City
staff ~aho is charged with the principle responsibility for
assembling environmental data ~vith respect to projects
under this Resolution. Except as specificalli> provided
otherwise, said official shall be Lhe Director of Planning.
Section 25. Signi`icant Effect means a substantial adverse impact
on the environment.
ARTICL,E IV - F.b:LRG~NCY PROJEC~'S
Section 26. The following emergency projects do no~ require the
preparation of a negative declaration or un EIR and thus,
are outside the scope of this Resclution:
A. Projects undertaken, carried out, or approv~d by a
public agency to maintain, repair, restore, demolish or
replac~ property or facilities damaged or destroyed as a
result of a disaster in a disaster stricken area in ~~inic:n
a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7(conunencing with Section 8550) of
Division l, Title 2 of the Government Code.
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B. Emergenc~;- repairs to an;~ of tne Ci~y's faciiities
necessary to maintain service. ~
C. Projects undertaken as immediate ac~ion necessary to
prevent or mitigate an emeryency.
ARTICLE V - FEP.SIBILITY A,~'D
PLA?vNI:~'G STUDI~S
Section 27. Feasibility and planning studies of potential pro.-
jects undertaken by the City are specificaily e~:cepted from
the requirements of CI:QA and thus are outside the scope of
this Resolution, although such studies may contain con-
sideration of environmental factors incident to the
potential project.
P.RTICLE VI - EV~:LUATI~IG PRGJECTS
Section 28. Initial Review for CEQA Ex~m~tions.
A. Preliminary Revie~a. At tne outset a proposed activity
shall be examined by the Rcsponsible Official for tiie purpose
of determining whetner it is (1) an activity ~ahich is not '
a project as defined in Section 21, su~ra; (2) a ministerial
project; (3) an emergency project as described in Article
IV, supra; (4) a feasibility and p'anning study as describeG
in Article V, supra; (5) a categorically e~empt activity as
described in Article VII, intra; or (6) an activity the
environmental consequences of which have been adequately
described in a prior EIR.
B. Submission of Environraental Evuluation (Srort Forr~).
If the Responsible Orficial requires additional information
in order to make the determination called for in paragraph A
hereof, it sha11 direct the applicant to prenare an Environ-
r,tental Evaluation (Short Forn1) , a copy of wlzich is attached
hereto as Exhibit "A".
C. Findina o~ No Exemption. If in the juclg:nent o` the
Responsible Official the proposed activity does not fall with-
in one of the foregoing categories, he sna11 proceed with the
project evaluation process as outlinec in Section 27. Any
person oraposing to undertake a project as defined in Section
21A(2) or A(3) (i.e., a private project) may prese~:t nis
- objection to the Official's determination to the Council a*
. _ its next regular meeting. At that meeting, tne Council shall
• either affirm said determination (in which case the project
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evaluation process shall be commenced) or ~ind that the
proposed activity does fall within one of tne foreg~ing
categories (in which case no further en~Ti_ronmen~al assess-
ment thereof shall be necessary). The decision o° the
Council shall be final.
D. Finding of Exemption. If in tne judgment of the
Responsible Official, a proposed activity do~s ~all wi~hin
one of the categories enumeratec ir. Sunparagrapn r?, tze
sha11 so find on a form entitled Stat~ment oi Non-:,~~lica-
bility (a copy of which is attached hereto as Exhibit "B").
No further environmental assessment shall be necessary,
and the proposed activity may be carried out in the
manner routinely exercised by the City.
E. Retention of Preliminarti~ ~nvirenmental Assess:~ent;
' Availability for Inspection. Tne Statement of Non-
Applicability shall be retained by the ni-ficial as part of
the usual record-keeping process, and it snall be :~ade
available £or public inspection during all regular City
office hours.
Section 29. Lead Agency
A. Determination of Lead Ar,enc~,~; iactors to be Considered.
Upon a deter:nination that a proposed activity is discretion-
ary in nature and is not otherwise exempt, consideration
shall be given by the Responsible Ofiicial to whetner anotner
public agency is primarily responsible for carrying out or
approving it. The Official shall consider, among others,
the following factors in making the determination as to
which is the lead agency:
(1) The lead agency s'r~all be tne public agency which
proposes to carry out the project;
(2) If the project is to be carried out by a non-
governmental person, the lead agency shall be the public
agency with the greatest responsibility for supervising or
approving the project as a whole. The lead ugency ~rrill
generally be the agency with general governmental powers
rather than an agency with a single or a limited purpose
which is involved by reason of the need to provide a
public service or public utility to the project;
(3) Wnere more than one public agency equall,~ meet
the criteria set forth in subparagraph (2) above, the
agency which is the first to act on the project in question
shall be the lead agency.
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B. I'indinc; that Cit~~ is Laad rlqe..cv. I~ th~> OL ~icial
determines that tne ~~roject does rrot involve anoiher ~ub'_ic
agency which is the lead agency, he shall ~roceed ~~;ith tn~
project evaluation process as outlined in Section 28.
C. Findinq that Another Public Arencv is Lea~ Aqcncv. If
the Official determines that the project does involve another
public ageiicy which is the lead agency, hc shall so find and
designate the lead agency o:~ the aforementioned Statement of
Non-Applicability. Unless ot::erwise rec;uired bv tne Council,
no further environmental assessmer.t sha11 be nec~ssarv. -
Whenever a determination is made that another public agency
constitutes the lead agency, tne City shall, upon the request
thereof, provide data concerning all aspects of the City's
activities relative to the subject project.
Section 30. Initial Study ProceGUres.
A. UI1C7-CY~d}:111Q Of Initial ~~.liC~~'~ Sllb:il1S5i0I1 Or '~:1ViT'Oii-
rnental Eval.uation (Snort I'or;n) . tipon a deter-lir.a'tion
that a project is discretionary and is not otnerwise exempt,
and that the City is the lead agency, an Initiul Study
shall be undertaken for the purpose of ascertaining whetner
the proposed project may have a signiLicant etfect on tne
environment, that is, a substantial adverse effect on the
environment. This Initial Studv shall bc reflected iz: the
submission to the Responsible Official of an Environr,~ental
Evaluation (Short Form), a copy or" 4,*hich is attached hereto
as Exhibit "A".
(1) As to projects defined in Article III, Section 23
A(1) of this Resolution, the Environnental Evaluation shall
be submitted by the Responsible Ozficial or_ by private
experts pursuant to contract with tne City.
(2) As to projects derined in ~~rticle III, Section 23
A(2) and 21 A(3), the p~rson or entity proposin~r to carry
out the project shall submit the Environmental Evaiuation
and any additional data and information as may be required
by the Responsible Official to determine wnether the proposed
project may have a significant ef~ect on the environment.
Such data and information shall coi:sider ail factors enumer-
ated in Subparagraph B, in~ra. All costs incurred by the
City in reviewing the data ar.d information submitted b1
said person or entity, or in conduc~ing its own investiUa-
tion based upon such data and in~or:~ation for thc purpose
of determining whetner the nroposed project might :1ave a
significant eftect on the environ:aent, shall be bcrne by
the person or entity proposing to carry out the project.
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B. Evaluatinr, L:nvironncn~~:'~ Siani Fica;;ce. I:: a~ ~ermii:ing
whether a project may have a sirnifican~ e!~f~ct on the
environment, the Responsible~Official shall consider both
primar~ and secondary consequences. Prinury consequences
are immediately related to the project (the cor.struction
of a ne~a treatment plant may facilitate population
growth in a particular area), wnile secondary consequences
are related more to primar•,~ consequences tnan to the
project itselL (an impact upon the resources base, includ-
ing land, air, ~vater and energy use oi the area i;~ question
may result from the population growth). Some e~:amp~es of
consequences which may have a significant effect on tne
environment in most cases include a change whicn:
(1) is in conflict with environr!mental plans and
goals that have been adopted by tne conununity where tne
project is to be located;
(2) has a substantial and demo~strabie nega~ive
aesthetic effect;
(3) substantially affects a rare or endan7ered species
of anir,ial or plant, or habitat of sucn a species;
(4) Causes substantial interference ~aith the movement
of any resident or migratory fish or wildliie species;
(5) breaches any pubiished national, state, or local
standards relating to solid waste or litter control;
(6) results in a substantial detrimental e~fect on air
or water quality, or on ambient noise levels for adjoining
areas;
(7) involves the possibility of contaminating a~ublic
water supply sjstem or adversely afiecting ground taater;
(8) could cause substantial floodinq, erosion or sil-
tation; or,
(9) could expose people or structures to mujor geologic
hazards.
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C. Dland~tory Fir.dings of S~crnir~c~_nce. L~ ev~r~~ case ~::here
any of the following conditions ar~ founci to e::ist as a result
of a project,~the project will be found to nave a significant
effect on the environment:
(1) Impacts ~•~hich have the notential to de~rade the
quality of the environment or curtail tne rang~ of the
environment.
(2) Impacts which achieve short-term, to the disadvan-.
tage of long-term, environmental goals. ti short-term ir,tpUct
on the environment is one which occurs in a relatively brief,
definitive period of time while long-term impacts will endure
well into the future.
(3) Impacts for a project wh~ch are individually
-limited, but cumulatively considerab~e. A project i;lay
impact on t~ao or more separate resources where the impact
on each resource is relatively snall. I~ the ef~ect o~ the
total of those impacts on the environr,lent is significant,
an EIR must be prepared. This mandatory finding of
significance does not apply to two or more separate projects
where the impact of each is insignificant.
(4) The environmental arfects or a project will cause
substar.tial adverse effects on human beings, either directly
or inGirectly.
D. Probable I'inding that °roject P:ill ti~ot Have Siqniiicant
Effect. If, after a revie~.aii.g of tne Environmental Evalu-
ation (Short Form) and a11 other relevant data, and the com-
pletion of the Initial Study, the Responsible Official
believes that the project will not have a significant effect
on the environment, ne shall prenare notice of intention to
file a Negative Declaration. This notice shall state that
a Negative Declaration with respect to the subject project
will be filed with the County C1er;c on a specified date
which shall be no sooner than te:i (i0) days follo:-,ing the
date or the notice. Copies of the notice (together ~vitn
copies of the Environmental rvaluation and the proposed
Negative Declaration) shall be posted in tnree public places
in tne City and shall be mailed to tiie applicant anc to
other public agencies having jurisdiction by law 4;itn
respect to the project. Tize Responsible 0`ficial may also
supply copies ~hereof to such otner persons anc agencies
as he deems anpropriate. The nctice shall instruct any
person who believes that a Negative Declaration s's~ould ^ot
be filed o~ith respect to the subject project to so notiry
the Resnonsible official and to specify in writing his
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reasons for believing that the project may ilave a sigr.i- .
ficant effect on the environment. All such com-~en~s
must be received by the Responsible Official on or be°ore
the date on which the Negative Declaration is to be filed.
Section 31. Neaative Declarations. If, after e;ca,:,ini:,g a11
conunents receiveci in response to the notice of intention to
file a Negative Decla~ation, the Responsible Of.ficial fincs
that the project will not nave a sie~nificant effect on the
environment, he sha11 comolete and ~ile a rlegative Declaration
in accordance with the following procedures:
A. Contents. A Negative Declaration must include:
(1) a brief description o~ the project as proposed;
(2) a finding that the project will not have a signifi-
cant effect on the environment;
(3) a brief statement o= the reasons which support
said finding; and,
(4) a statement indicating ~ano prepared the Environ-
mental Evaluation and where a copy thereof may be obtained.
B. Filinc~. Upon cornpletion oi a~eg~~tive Declaratioi:,
it shall be ~iled with the Count~,~ Cler:ti.
C. Postina '~lotice of Necrative Declaration• Simultaneously
with the filing of a Negative Declaration with the County
Clerk, the Responsible Official snall cause to be nosted at
three public places in the City copies of the Negative
Declaration.
D. Appeal. Any interested person ;,iay appeal the decision of
the Responsible Official to file a Negative Declaration by
filing notice of such appeal with the Council witY:in five days
after the filing of the Negative Declaratior,. The Council
sha11 hear and consider the matter ann its decision with
respect thereto shall be final.
E. Approval or Disaoproval of PJ-o=~cct. At any time atter
the fifth day following the riling of a Negative Decluratior.
or, in the event the same shall 'nave been app~aled, tnen any
time after a Council decision sustai:~ing the £iling of a nega-
tive Declaration, the project may be approved or disapproved
in accordance with the usual City procedures.
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r. Notice of Determination. Tollowing approval or dis-
approval of the project, the City shall cause to be prepared
a Notice of Determination, on a form attached hereto as
Exhibit "C", which shall contain the following:
(1). the decision of the City to approve or disapprove
the project;
(2) the determination of the City as to ti~hether the
project will or will not have a significant effect oii
the environment; and
(3) a statement of"whether an EIR has becn prepared.
Said Notice, together with a copy of the Negative Declaration
which shall be atL-ached thereto, then shall be f.iled with
the County Clerk of the county or counties in which the pro-
ject is located. If the project requires discretionary
approvals from a state agency, the Notice oL Determination
also shall be filed with the Secretary of Resources.
G. Postinq Notice of Determination. Simultaneously with
the filing of the Notice of Determinai~i.on the City shall
cause to be posted at three public pl.aces in the City a
Notice of Determination.
H. Costs. As to projects covered by Article III, Section
23 A(2) and (3), the person or entity proposing to car.ry
out the project requiring approval by the City shall bear
all costs incurred by the City in preparing and filing the
Negative Declaration.
Section 32. Environmental Impact Reports. Following the initial
study described in Section 30, an EIR shall be pr2pared for
any discretionary project, not otl~erwise exempt, unless a
Negative Declaration has been filed with respect thereto.
The required contents of an EIR and the procedures to •be
followed in connection with the preparation thereof are as
follows:
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A. Dcscription of Project. The :IescripL--ion of ~?:e project
shall conta:in the rollowinr, information but sliould not supply
extensive detail beyond that"needed for evaluation and review
of the environmental impact.
(1) The precise location and bcundaries of the proposed
project shall be shown on a detailcd map, pre~erably topo-
graphi:c. The location of tne project sha11 also appear on
a regional map.
(2) A statement or the objectives sought by tn~ proposed
project. .
(3) A general descriptien or the project's '~echnical,
economic, and environmental characteristics, consici~ring
the principal engineering proposals and supporting public
service facilities.
II. Description of Environmentai Sett_ing. An rIR must include
a description of the environ;~lent in the vicinity of tne pro-
ject, as it e:{ists before commencement of the project, from
botn a local and regional perspective. Knowledge of t'r~e
regional setting is critical to the assessmerlt of environ-
mental impacts. Special empnasis snould be Placed on environ-
mental resources that are rare or uaique to that regicn.
Specific reference to related projec:.s, both public and
nrivate both existent and planr.ed, in the re7ion s}ZOUld also
be included, for purposes of e~amining the possible cumulative
impact of suci; projects.
C. Environmental Ir,ipact. A11 phases of a project must be
considered ~ahen evaluating its impact on the enviror.ment:
planning, acquisition, development and operation. The follow-
ing subjects shall be discussed, oreierably in separate
sections or paragraphs. If tney are not discussed separately,
the EIR shall include a table shqwing where euch of the
subjects is discussed.
(1) The Environmental Imnact oi the Pronose~ Ac~ion:
Describe the direct and indirect impacts of the project on
the environment, giving due consiceration to both ~he short-
term and long-term effects.
It should include speci~ics o~ the area, the resources
i_nvolved, physical changes, alterations to ecological
. systems and changes induced in population distribut=ion,
population concentration, the numan use of th~ land
.~ (including commercial and residential development) and other
aspects of the resources base such as water, scenic quality
and public services.
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~2) t~n~ Adv~rse Environ;nentat Eff~ct_s ?:hic:~~ C-inrlot
Be lvoiued if the Prooosal is I:~,:~lementc~: ~
Describe any adverse impacts, including those which can be
reduced to an insignificant level but not eliminated.
Where ihere are impacts that cannot be alleviated ;•:ithout
imposing an alternative design, their implications ~nd the
reasons why the project is being prooosed, notwit:~standing
their effect, should be described. Do not :z~~glect impacts
on any aethesticall,~ valuable surroundings, or on human
health.
(3) Mitigation ideasures Prooosed to ^Sinimi ~e tt:e
Imnact: Describe avoidai~le adverse impacts,
including inefficient and unnecessary consumption of
energy, and tne measures proposed to mini;nize these inoacts.
This discussion shall include an identification o~ the
acceptable levels to wnich such impacts will be reduced,
and the basis upon which such levels were identified.
j9here alternative measures are available to mitir,at~ an
impact, eacn should be discussed and the basis for
selecting one alternative snould be identified. ::Zergy
conservation measures, as ~ae11 as other ap;~ropriate r,liti-
gation measures, shall be discussed. Exa:~lpies of energy
conservation measures include but are not limited to:
(a) Insulation and o~her protection from
heat loss or heat gain to conserve Fuel used to
heat or cool buildings and mobile homes.
(b) Use of resource conserving forT~s of
energy such as solar energy for water ar.d space
heating, wind for operating pumps, and falling
water for generating electricity.
(c) Energy efficient building design includ-
ing such features as orientation of s~ructures to
summer and winter sunlight to absorb winter solar
heat and reflect or avoid surnmer solar heat.
(d) Measures to reduce energy consumption in
transportation such as:
(i) Providin, access to alternative
means o` transportation ror peopl~ sucn as
bus lines, nass transit, ;~icycle lanes, a:~c
pedestrian tacilities.
(ii) Use o£ small cars rather tnan
large~cars where possible.
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