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CC - 1974-13 - Adoptings guidelines for Preparation and Evaluation of Environmental Impact ReportsRESOLUTION NO. 747-1.3 A,RESOLUTION;OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD'ADOPTING.GUIDELINES FOR.THE PREPARATION AND-EVALUATION OF ENVIRONMENTAL' IMPACT REPORTS. . WHEREAS, the California,Environmental Quality. Act requires that a local jurisdiction~adopt,guidelines.for the preparation and evaluation of:En`vironmental,•Impact Reports., WHEREAS, the State.Resources Agency'*has-prepared standardized guidelines--to be-'followed,-by all cities throughout the State in implementing the ,Cal fprnia;Environmental Quality Act of 1970:. NOW THEREFORE, THE•CITY COUNCIL OF,.THE'`CITY OF ROSEMEAD, CALIFORNIA DOES-HEREBY RESOLVE, `DECL:AREDETERMINE AND ORDER AS FOLLOWS: SECTION` l.r`-The Environmental Impact Report Guidelines, a copy 'of.'which is'attachea.hereto and incorporated herein by reference, are hereby adopted, , SECTION 2. Environmental Impact„Reports as; required by the California Environmental Quality.'Act are intended-to provide the. City with the opportunity to consider the significant environmental effects of,a proposed project. The Environmental Impact. Report process is intended to.enable the City•to evaluate the environmental significance of proposed projects, to examine and to institute methods of reducing adverse impacts and to 'consider alternatives to•projects as they,are proposed. SECTION.3. Resolution No: 73-51 is hereby repealed. I . ..PASSED, APPROVED,AND ADOPTED this v~914-• day. of 1974 `.Mayor o t e,City of R semead;Cali ornia ATTEST.. C t Clerk o t e City of R emead, California` ' ~n a ENVIRON1•11,INTAL IMPACT REPORT GUIDELINES I.. GENERAL 1 A. Purpose B. Application of the Act to Projects C. Categories of Projects Exempt from EIR D. Process E. Adoption of EIP. F. Fees II. PROCEDURES 3' A. Private Projects B. Public Projects III, 1,1AN`DATORY FINDING OF SIGNIFICANT EFFECT 4 IV:. FILINGS REQUIRED PURSUANT TO GUIDELINES 5 A, Negative Declaration B,. Notice of Completion C. Notice of Determination V'• CONTENTS 5 A. Environmental Impact Report 5 B. Negative Declaration 9 C. Environmental Impact Checklist 10 D. Environmental Handout Information to be Submitted by Applicant 13 - VI. CATEGORICAL EXEMPTIONS 14 VII. FLOW CHARTS Appendix i ~1.~ 0 0 I.. GENERAL. A. Pu°_pose. The guidelines set forth herein have been prepared in compliance with the Guidelines for the Implementation adopted by the Secretary for Resources, as amended on December 17, 1973. Those State Guidelines are incor- porated herein by reference and shall be considered a part of the Environmental Impact Report Guidelines for the City of Rosemead. Guidelines for the City shall become effective on. February 15, 1974. Application of the Act to Projects. The City shall prepare an Environmental Impact Report through its own efforts or through contract for all public and private projects which may have a signifi cant effect on the environment and involve discretionary governmental action. Ort . t from 1. Ministerial Projects. Including but not limited to building permits, business licenses, final subdivision maps and individual utility service con- nections and disconnections. 2. Categorical Exemptions. Class of projects found by Secretary,of Resources not to have a signi- ficant effect on environment. List set forth in Section VI. 3. Exclus See Flow Chart - Result of Initial Invest 4. Emergency Projects. Such as property or facilities damaged or destroyed as a result of a disaster. D. Process The flow charts explain the, process whereby initial investigation of a project is made ascertaining the possibility of a significant effect on the environment and the requirement of an Environmental Impact Report. These guidelines and the State Guidelines have been so written as to be flexible, allowinJ City staff and decision makers the latitude to carry out the intent of the California Environmental Quality Act in an expeditious manner. The definition of "discretionary project" is such that all such private projects are required by code.to go -1- before the Planning Commission, The hearing before the respective bodies of the City, i.e., the Planning Com- mission and City&ouncil, on the permit, zone change, variance, subdivision and other required discretionary City entitlement shall, to the extent possible, incor- porate a review of the Environmental Impact Report or Negative Declaration in order to eliminate the need for a separate hearing. Public notices and advertise- ments for such projects shall include a statement indicating that an Environmental Impact Report or Negative Declaration will be discussed during the hearing. In order to allow sufficient time for public review, Environmental Impact Reports shall be made public at least one week prior to the hearing on the application. The reports will be available at the offices of the City Clerk. Members of the public will be charged the cost of reproducing the copies.of the reports requested. It will be the responsibility of the City Clerk to file.the appropriate notices with the Secretary of Resources and the County Clerk. These notices include Negative Declarations and Notices of Completion and Determination. AV. E. Adoption of Environmental Impact Report. It is the. responsibility of the decision making bodies of the City to adopt the final Environmental Impact Report for any project. In cases of projects which receive final approval from the Planning Commission, the Environmental Impact Report will be adopted by that body, except when the matter is_appealed to the City Council pursuant to appeal procedures for said entitle- .ments as set forth in the Municipal Code. When a project must receive final approval by the City Council, the Commission's findings will be included in the final Environmental Impact Report. Since the final Environ- mental Impact Report may include any comments made at the hearing for a project, it is anticipated that the Planning Commission and City Council will adopt the draft Environmental Impact Report, any written comments made to that date as well as verbal statements made by the public, staff or Commission or Council (to be incor- porated later) as the final Environmental Impact Report. F. Fees. (1) A fee, in full payment for all costs and expenses of the Planning Department incurred in complying with the California Environmental Quality Act (CEQA), including those necessary to examine and -2- evaluate a proposed private project in order to determine the need for an Environmental Impact Report (FIR) or in order to.prepare such a report or a Nega tive Declaration, shall be paid to and collected by the Director of said Department, and he shall give his receipt therefor, before such,determination or . report is made. (2). The minimum fees required to cover costs of pre- paration are determined to be $25.00 for Negative Declarations and $100.00 for Environmental Impact Reports. (3) No fee shall be collected when it is determined at the initial examination that the proposed project requires the preparation of neither a Negative Declar- ation or an EIR. (4) Fees necessary for compliance with CEQA shall be collected no later than two (2) days after the final filing date for the Planning Commission hearing requested. II. PROCEDURES A Private Projects-. (1) The sequence of events for the application, Environmental Impact Report and review process shall follow the attached flow chart. The applicant shall be responsible for submitting the information indi- cated on the handout prepared for this purpose. The City may also require, in private projects, that the applicant also submit data and information it deter- mines to be necessary in the Mnleffect o deter- mine if the project may have on the environment and thus if al Impact Report is required using criteria set forth in State Guidelines. (2) The Planning Department will use this data, information on hand and any research neces- sary, to complete a draft Environmental Impact Report as required by the CEQA and the State Guidelines. The submit the information required in this aspplppliicanant t may the form of a draft EIR, if the City desires. ect.in If information is provided in the form of a draft EIR, the City may not use the draft EIR as its own without independent evaluation and analysis. (3) The draft EIR which is sent out for public review must reflect the independent judgment of the City. (4) The applicant shall specify to the best of his knowledge which other public agencies will have approval authority over the project-. (5) The draft will be available for public review and comment, will be circulated to other related departments -3- and agencies and then presented to the Planning Com- mission and/or City Council with the customary staff reports. The draft Environmental Impact Report, public and other comments and the findings of the Planning Commission and City Council will be then compiled to form the final Environmental Impact Report. (6) In cases of multiple projects (i.e., zone changes, site plan, conditional use permit), one Environmental Impact Report may be completed for the entire,activity if the plans for that activity have progressed to the stage making this possible. If one Environmental Impact Report is not feasible, then separate reports building on the previous Environmental Impact Reports shall be made. (7) The nature of the requirements of the CEQA and the State Guidelines as they apply to private projects shall be determined by the Planning Director. B. Public Projects (Projects Directly Undertaken by City). The steps indicated in the flow chart for public projects shall be followed in determining the need for, prepara- tion and evaluation of Environmental Impact Reports. The initiating City agency shall be responsible for the preparation of the draft Environmental Impact Report and make it available to the public and other agencies for their review. The findings of reviewing.agencies and the public as well as the findings of the appropriate City Commission and City Council shall be compiled with the draft Environmental Impact Report to form the final Environmental Impact Report. III. MANDATORY FINDING OF SIGNIFICANT EFFECT ON ENVIRONMENT. In every case where any of the following conditions are found to exist as a result of a project, the project will be found to have impacts with a significant effect, on the environment. (a) Impacts which have the potential to degrade the quality of the environment or curtail the range of the environment. (b) Impacts which achieve short-term to the disadvantage of long-term environmental goals. A short-term . impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will indure well into the future. (c) Impacts for a project which are individually limited but cumulatively considerable, A project may affect two or more separate resources there the impact on each resource is relatively small. If the effect of the total of those impacts on the environment 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- . 7 /'o rZ (d) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. IV.. FILINGS REQUIRED PURSUANT TO GUIDELINES. The declarations and statements shall be filed pursuant to contents and procedures as set forth in State Guidelines. A. Negative Declaration. A statement complying with the provisions of Section 15083 of the State Guidelines: (1) A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which the lead agency .finds on the basis of an Initial Study will not have a significant effect on the environment,. (2) A Negative Declaration must include a brief des- cription of the project as proposed, a finding that the project will not have a significant effect on the environment, a brief statement of reasons to support the findings, and a statement indicating who prepared the initial study and where a copy.of it may be ob- tained. The Negative Declaration should normally not exceed one page in length. (3) The Negative Declaration shall be made available to the public with sufficient time before the project is approved to provide an opportunity for members of the public to respond to the finding. (4) The Negative Declaration shall be filed together with the Notice of Determination with the County Clerk. S. Notice of Completion. Notice that draft Environmental Impact Report has been completed. To be filed with the Secretary of Resources as soon as it is completed. C. Notice of Determination. Statement of decision to approve or disapprove project, determination as to sig- nificant effect on environment and whether Environmental Impact Report has been prepared. To be filed together with Negative Declaration with County Clerk. V. CONTENTS. Following are the contents of an Environmental Impact Report as required.by the State Guidelines, the form to be used for Negative Declarations, the Environmental Impact Checklist which covers items to be analyzed when writing an Environ- mental Impact Report, and the handout to be used by applicants providing data to be used in an Environmental Impact Report. A Environmental Impact Report. (1) Description of Project. The description of the project should not supply extensive detail beyond that -5- 73- /3 12~ needed for evaluation and review of the environmental impact. (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposed project. (c) A general description of the projects tech- nical, economic, and environmental character- istics, considering the principal engineering proposals and supporting public service facilities. (2) Description of Environmental Setting. An EIP, must include a description of the environment in the vicinity of the project, as it exists.before.commencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included for purposes of examining the possible cumulative impact of such projects. (3) Environmental Impact. All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. (a) The Environmental Impact of the Proposed Action: Describe the direct and indirect impacts of the project on the environment, giving due consideration to both.the short- term and long-term effects. It should include specifics of the area, the resources involved, physical changes, altera- tions to ecological systems and changes induced in population distribution, population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resource base such as water, scenic quality and public services. (b) Any Adverse Environmental Effects id'nich Cannot Be Avoided if The Proposal is IM emented: Describe any adverse impacts, including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. Do not neglect impacts -6- 7~/ i~ on any aesthetically valuable surroundings, or on human health. (c)' Mitigation Measures Proposed to Minimize The Impact: Describe any mitigation measures written into the project plan to reduce sig- nificant environmentally adverse.impacts to insignificant levels, and the basis for con- sidering these levels acceptable. Where a particular mitigation measure has been chosen from among several alternatives should be. discussed and reasons should be given for the choice made. (d) Alternatives to the Proposed Action: Describe any known alternatives to the project, or to the-location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate.choice. The specific alter- native of "no project" must also always be evaluated, along with the impact. :Attention should be paid to alternatives capable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attain- ment of the project objectives, and are more costly. (e) The Relationship Between Local short-term Uses of Man s Environment and the Maintenance and Enhancement of Long-Term Productivity: Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. (f) Any Irreversible Environmental Changes Which Would Be Involved in the Pronosed Action Should It Be Implemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or non-use thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally com- mit future generations to similar uses. Also irreversible damage can result from environ- mental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current con- sumption is justified. (g) The Growth-Inducing Impact of the Proposed Action: Discuss the ways in which the proposed .project could foster economic or population -7- growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove ob- stacles to population growth (a major expan- sion of a waste water treatment plant might, for example, allow for more construction in service areas). Increases in the population may further tax existing community service facilities so consideration must be, given to this impact. Also discuss the character- istics of some projects which may.encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is neces- sarily beneficial, detrimental, or of little significance to the environment. (4) Organizations and Persons Consulted. The identity of all federal, state or local agencies, other organi- zations and private individuals consulted in preparing the, EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization must be given. (5) water Quality Aspects, With respect to water quality aspects of the proposed project which have been previously certified by the appropriate state or inter- state organization as being in substantial compliance with applicable water quality standards, reference to the certification should be made. (6) Contents of Final Environmental Impact Report. (a) The final EIR shall consist of the draft EIR containing the elements described in Sections 15141, 15142, and 15143 of the State Guide- lines, a section listing the organizations and persons consulted and containing the.com- ments received through the consultation process described in Article 10 of the State Guidelines, either verbatim or in summary, and the response of the Lead Agency to the significant environ- mental points raised in the review and consul- . tation process. (b) The response of the Lead Agency to comments received may take the form of.a revision of the draft EIR or may be an attachment to the draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular the major issues raised when the Lead Agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of overriding importance warranting an override of the suggestions. (7)_ Degree of Specifi.city. The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR. (a) An EIR on a construction project will neces- sarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the construction can be predicted . with greater accuracy. (b) An EIR on projects such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow. (c) The requirements for an EIR on a local general plan or element thereof will ne satisfied by the general plan or element document, i.e., no separate EIR will be required if (i) the general plan addresses all the points required to. be in an EIR by Article 9 of the State Guidelines, and (ii) the document contains a special section or a cover sheet identifying where the general plan document addresses each of the points required. B. Negative Declaration. (1) Description of Proposed Project. The description of the project should include the name of the sponsor, the location (and zoning where applicable), and the type of project, i.e., public, commercial, residential, etc. (to include intensity/density and scale). (2) Environmental Impact. A finding that the project would have no significant effect on the environment, i.e., no substantial adverse impact. (3) Reasons to Support Findings. A brief statement of reasons to support the findings, and a statement indi- cating who prepared the initial study and where a copy of it may be found. -9- C. Environmental Impact Checklist. Consider only those which pertain to the proposed project: (1) Land Resources. .(a) Landform or unique physical features (mountains, hillsides, plains, slopes, rivers, creeks, and springs). (b) Open spaces, scenic vistas, etc. (c) Perculation function of the soil and ground water basins. (d) Geological resources (fossil fuels, mineral ores, construction materials, etc.). Continued availability of same. (e) Soil characteristics (effects on the project and the immediate surroundings). History is available from Development Services. - Soils stability (slide, erosion) Types deposition (sedimentation) Earthquake faults (stress-strain) (f)' Cultural (historical), such as archeological sites (new or continuing sites); paleonto- logical sites; historical sites; aesthetics (including vistas and other points of interest). History and all available data including sites and diggings available from Development Services. (2) Water Resources. (a) Municipal or any other potable supply. Quality (physical, chemical, bacteria, temperature, and aesthetic qualities, etc.) Quantity and accessibility (riparian or other) . (b) Underground basins (aquifer system). Quality (any disruption in the history thereof) - Quantity and accessibility (c) Surface supply (streams, creeks, lakes, reservoirs, etc.) - Quality (any disruption in the history thereof) Quantity and accessibility (any disrup- tion in the history thereof) Drainage/runoff conditions -10- (3) Air Resources. (a) Quality. Gaseous or odoriferous Particulates.and dust (b) Other. Objectional electronical transmissions Radiation - Vibrations (4) Noise. (a) Effects upon the surrounding area, its residents and users. (b) Effects upon recreational lands, open space, and their employees and users (active and passive). (5) Biological Resources. .(a) Flora. Indigenous vegatative communities Exotic (nonindigenous) vegetative communities Crops and commercial vegetation Specifically rare or endangered . vegetation - Natural plant propagation (b) Fauna. Birds Land animals Water habitat animals Rare or endangered species Habitat and migration areas and natural animal propagation Economic species (cattle, etc.) (6) Social Resources. (a) Population characteristics. (b) Housing. Housing market Site layout Neighborhood environs - privacy - traffic - lights - noise -11- (7) Public Resources. (a) Systems. - Utilities (water, sanitary, sewers, gas, . electricity) - Circulation (automobile, bicycle) - Communication - Educational (load on school facilities) - Parks - Fire and Police - The cost to.the public of providing additional facilities and/or services (8) Economic Resources. (a) Property values. (b) Property taxes. (c) Employment. (d) business, commercial and industrial activities. D. Environmental Handout. (Information to be Submitted Y ppiicant (1) Description of Project. (a) Type - single family, apartment, planned united development, commercial, or industrial (including square footage of buildings). (b) Area - square footage or acreage of site. (c) Density - dwelling units per acre, size of lots, lot coverage, etc.. (d) Number of bedrooms. (e) Parking - number. - (f) Public improvements - streets, drainage, etc. (g) Grading - landscaping. . (h)' Recreational Areas, Open Space (square footage). (2) Existing Site.(Use Environmental Impact Checklist) (a) Topography. (b) Wildlife & Vegetation (existing). (c) Streets, highways, traffic circulation. (d) Drainage. (e) Adjacent.uses. (f) Negative factors - (i.e., freeway, railroad, industrial adjacency). (g) Positive factors - (i.e., hillside terrain, streams, vistas). (3) Impact on Adjacent Pro erties.(Use Environmental Impa ct Checklist (a) Noise. (b) Traffic.. (c) Lights. (d) Population.comparison (child, adult). (e) Height comparisons. (f) Aesthetic - views, topography, wildlife and vegetation. -13- (4) measures to Produce Livability (resi_dential). (a) Insulation against outside factors. (b) Other amenities (open space, recreational facilities). (5) Alternatives and Mitigating Measures. (a) Same Project/Different Site orientation. (b) Steps taken to reduce negative impacts. (6) Overall Evaluation. VI. CATEGORICAL EMTTIONS. Categorical Exemptions are classes of projects which have been determined by the Secretary of the Resources Agency not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of the Environmental Quality Act-of 1970. A list of such classes of projects is contained in Article 8 of the State Guidelines. -14- 17 PRIVATE PROJECT ACTIVITY No Significant May Have, Signi- Effect ficant Effect No EIR Ministerial Discretionar No EIR Categorical Preliminary Applicant Exemption Evaluation Submits Data No EIR No Significant Some Signi- Effect ficant Effect does EIR Negative Declaration Draft EIR Review by Experts & Public Decision on Project PC Qor CC Review & Approve; Incorpor ating Findings in Final EIR Decision on Project APPENDIX A 7fig PUBLIC PROJECT ACTIVITY No Significant May Have Signi- Effect ficant Effect No EIR Categorical Preliminary Exemption Evaluation No Significant Some Signifi- Initiating Depart- Effect cant Effect ment does EIR Negative Draft EIR Declaration Decision on Review by Experts Project and Public PC Q or CC Review & Approve, incorpora- ting Findings in Final EIR. Decision on Project APPENDIX B