Loading...
CC - 1973-53 - Claims and Demandsi RESOLUTION.NO: 73 =51' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING GUIDELINES FOR THE PREP- ARATION AND,EVLUATION OF ENVIRONMENTAL IMPACT' REPORTS , THE CITY COUNCIL OF THE CITY OF..'ROSEMEAD HEREBY RESOLVES AS FOLLOWS: .,WHEREAS, the California Environmental Quality Act requires that a.local jurisdiction adopt guidelines for the preparation and evaluation of Environmental Impact.Reports. NOW, THEREFORE, BE IT RESOLVED BY THE CITY. COUNCIL OF THE CITY OF ROSEMEAD That the Environmental Impact Report Guidelines, a copy of which is attached hereto and incorporated herein by reference, is hereby adopted. PASSED, APPROVED AND ADOPTED this 10 day of April, 1973. ' Mayor,' ATTEST: City Cl/ rk 1,73 / 3 I. Gen' oral • A. Purpose The guidelines set forth herein have been prepared in compliance Frith the Guidelines for the Implementation of the California Environment<i Qua. —Tity Act of T9%67- r adopted by the Secretary for Resources on February 3, 1973. Those State Guidelines are incorporated 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 April lo, 1973. B. 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 significant effect on the environment and involve discretionary -governmental action. C.- Categories of Projects Exempt from Environmental Impact Report 1. Ministerial Projects. Including but not limited to building pernits, business licenses, final subdivision maps and individual utility service connec- tions and disconnections. 2. Categorical Exemotions. Class of projects found by Secretary of Resources not to have a sienifi- cant effect on environnent. List set forth in Section VI.. 3.. Exclusion as Result of Initial Investiqation. See Flow Chart - Appendix B. 4. Emerqency Projects. Such as property or faci- lities da..aged or destroyed.as a. result of a disaster. G. `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, allowing City staff and deci- sion 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 before the PIanninq Comviission. The hearing before the - respective bodies of the City, i.e. the Planning Commis - sion and City Council on the permit, zone change, var- iance, subdivision and other required discretionary City ent'itler.;ent shall, to the extent possible, incorporate a review of the Environmental Impact Report or Negative Declarati Ain order to eliminate tloneed for a sepa- rate hearing. Public notices and advertisements 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 Inpact 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. (•;embers 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 for Resources and the Countv Clerk. These notices include Negative Declarations and Notices of Completion and Determination. D. 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 �rhich re- ceive final approval from the Planning Commission, the Environmental Impact Report will be adopted by that body, except when the natter is appealed to the City Council pursuant to appeal.procedures for said entitlements as set forth in the Municioal Code. ♦:hen a project must receive final aporoval'by the City Council, the Commis- sion's findings will be included in the final Environ- mental Impact Report. Since the f r inal Envionmental Impact Report may include any torments made at the hearing for a project, it is anticipated that the Planning Com- mission and City Council will adopt the draft e to tn- mental 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 incorporated later) as the final Environmental Impact Report. E... Fees The Planning Department _ 1!111 prepare all Environmental Impact Reports tor private projects based on data submitted and any further inform by applicants a- tion necessary for the completion of a draft Environmental Imapct Report or Negative Declaration. A fee, in full payment for all costs and expenses of the Planning Department incurred in complying with the California Environmental Quality .Act (CEQP.) including those necessary to examine and evaluate a pro - po.sed private project in order to determine the need for an Environmental Impact Report, prepare such a report or Negative 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. The nature of the requirement of the CEQ! as it applies to a Drivate uroject shall be determined by the Director of Planning. Fees necessary for com- pliance ;•rith CEQA shall be collected no later than.ttro (2) days after the final filing date for the Planning Commis - sion nearing requested. Ilo fee shall be collected when it is determined at the initial examination that the proposed. project will not have "a s•nificant effect on the e0ironment or when the project i,1 categorically exempt. II. Procedures A. Private Projects 73 �� The sequence of events fo-r the application, Environmental : Impact Report and review process shall follow the attached flog chart. The applicant shall be responsible for sub- mitting the information indicated on the.handout prepared �. for this purpose. The City may also require, in private projects, that the applicant also submit data and informa- tion it determines to-be necessary in the Initial Study to determine if the project may have a significant effect) on the environment and thus an Environmental Impact Report is required using criteria set forth in State Guidelines. The Planning Department will use this data, information on hand and -any research necessary to complete a draft Environmental Impact Report as required by the -".State Guidelines. The draft will be available for public review and comment, will be circulated to other related departments and agen- cies and then presented to the Planning Commission 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 Environ- mental Impact Report. In cases of multiple projects (i.e., zone change, site plan, conditional use permit) one Environnental Impact Report may be cornpleted for the ant 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. B. Public Projects 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 findinas of reviewing agencies and the public as troll as the findings o.f the appropriate City Commission and City Council shall be compiled Frith the draft Environmental Inpact Report to.form the final Environmental Impost Report:. III. Piandatory 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 a significant effect on the environment: (a) Impacts which have the potential to degrade the quality of the environment, curtail the range of the environ- ment. (b) Impacts which achieve short -term, to the disadvantage of long - term., environmental goals. A short -term impact on ,�. 73- the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future. (c) Impacts for a project jqhich are individually limited, but cumulatively considerable. A project may impact on two or more separate resources where 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 insig- nificant. (d) The .environmental effects of a project will cause sub - stantial 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. Negative Declaration. Statement that although project is not categorically exempt, it would have no significant impact and therefore does not require an Environmental Impact Report. To be filed along with notice of action taken, i.e. approval or disapproval of project, with Secretary of Resources and the County Clerk. Notice of Ccmpleti "on. Notice that draft Environmental Impact Report has been completed. To be find with Secre- tary of Resources as soon as it is completed.. Notice of Determination. Statement of decision to approve or disapprove project, determination as to significant effect on environment and whether Environmental impact Report has been prepared. To be filed along with Negative Declara- ti.on 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. i� Description of Project The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evalua- tion 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 project's technical, economic, and environmental characteristics, considering the principal engineering proposals. .Description of Environmental Setting An EIR 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. 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, alterations to ecological. systems and charges induced in 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 which Cannot Be Avoided if the Proposal is Implemented: 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 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 significant environmentally adverse impacts to insignificant levels, and the basis for considering 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. a ong capable of substantially reducing or eliminating any environment �. ally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives, and are more costly. ' alter- (d.) Alternatives to the Proposed Action: Describe any known alter- natives to th project, or to the locati• of the project, which could feasibly attain the basic objective of the project, e / why they were rejected in favor of the ultimate choice. The 73 5 specific alternative of "no project" must also always be evaluated, 1 with the impact. Attention should be paid to alternatives (e) The Relationshin Between Local Short -Term Uses of Man's Enhancement }?rvironment .. and the Maintenance and nhancement� of LOnQ -Term P'rCdL':C 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 ddition, 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) Anv Irreversible Environmental Changes which Would Be invotveu in the proposed Action Should it Be Implmented: Uses of nonrenewabie resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway imarovement which provides access to a nonaccessible area)' generally commit future generations to similar uses. Also irreversible damage can result from environmental 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 Im'oact of the Proposed Action: Discuss the ways in which the proposed nroDect could roster economic or population growth, either directly or indirectly, in the surround- ing environment. Included in this are projects which would remove obstacles to ponulation growth (a major expansion 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 characteristic 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 gro•.ath in any.area.is necessarily beneficial, detrimental, or of little significance to the environment. B_ FORM FOR NF•.GATIVi DECLAR7MON '.Cs 4..715/ 1. E ITEMS �QIiICH PERTAIN`O THE PROPOSED E tVIRONMENTAL IMPACT CHECKLIST Lard Resources: a, Landform or unique physical features (mountains, hill - sides, 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, con- struction materials, etc.) (continued availability of). e. soil characteristics (affects on the project and the immediate surroundings) '(history available from Develop- ment Services) (1) soils stability*(slide, erosion) (2) Types deposition (sedimentation) (3) Earthquake faults (stress - strain) g. Cultural (historical), such as: archeological.sites (new or continuing sites); paleontological 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. (1) Quality (physical, chemical, bacteria, temperature,. and aesthetic qualities, etc:). (2) Quantity and accessibility (riparian or other). b. Underground basins (aquifer system). (1) Quality (any disruption in the history thereof). (2) Quantity and accessibility. C. Surface supply (streams, creeks, lakes, reservoirs, etc.) (1) Quality (any disruption in the history thereof). (2) Quantity and accessibility (any disruption in the history thereof). (3) Drainage /runoff conditions. 3. Air Resources: a. Quality. (1) Gaseous or odoriferous. (2) Particulates and dust. b. Other (1) Objectional electronicsl transmissions. (2) Radiation. (3) Vibrations. a.. .Affe upon the surrounding are its residents and users b. Affects upon recreational lands, open space, and their .73J7 employees and users (active and passive). 5. Biological. Resources: a. ,Flora. (1) i Indigenous vegetative communities. (2) Exotic (nonindigenous) vegetative communities. (3) Crops and commercial vegetation. (4) Specifically rare or endangered vegetation. (5) Natural plant propagation.. b. Fauna. (1) Birds. (2) Land animals. .(3) Water habitat animals. (4) Rare or endangered species. (5) Habitat and migration areas and natural animal propagation. (6) Economic species (cattle, etc.). 6. Social Resources: a. Population characteristics b. Housing. (1) Housing market.'.. (2) Site layout. (3) Neighborhood environs. (a) Privacy. . (b) Traffic. (c) Lights. (d) Noise. 7.. Public Resources: a. Systems. (1) Utilities (water, sanitary sewers, gas, electricity).. (2) Circulation (automobile, bicycle). (3) Communication. (4) Educational (load on school facilities). (5) Parks. (6) Fire and Police. " (7) `Phe cost to the public of providing additional facilities and /or services. 1 D.�ENVIRONMENTAL IMPACT REPOP n INFOR:•1i rI0N TO BE SUBMI`iTED BY APPLICANT 2 1„ Descri.otion of Project Type - single family, apartment, planned unit development, commercial, or industrial (including square footage of buildings) Area square footage or acreage of site. Density - dwelling units per acrd, size of lots, lot cover - age, etc. Number of Bedrooms. Parking - number. Public Improvements,- streets, drainage, etc. Grading - landscaping. Recreational Areas, Open Space (square footage). 2. Existing Site (Use Environmental Impact Checklist) Topography. Wildlife & Vegetation (existing). Streets — highways - traffic circulation. Drainage. Adjacent Uses. Negative Factors - .(i.e., freeway, railroad, industrial adjacency) . - Positive Factors - (i.e., hillside terrain, streams, vistas). 3. Impact on Adjacent Properties (Use Environmental.'Imnact Checklist) Noise. Traffic. Lights. Population Comparison child- adult.- Height Comparisons. Aesthetic - views, topography, wildlife and vegetation. 4. Measures to Produce Livability (residential) . Insulation against outside factors. Other Amenities (open space, recreational facilities). 5. Alternatives and Mitigating Measures Same Project /Different Site Orientation. Steps taken to reduce negative impacts. 6. Overall Evaluation CATEGORICAL EXEMPTIONS Existing Facilities. Class 1 consists of the - operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topo- graphical features, involving negligible or'no expansion of use— beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions,_plumbing, and electrical conveyances; (b) Existing facilities of both investor, and publicly owned utilities used to convey or. distribute electric power, natural gas, sewage, etc.; (c) Existing highways and streets (within already established rights- of -way) sidewalks, gutters,. bicycle and pedestrian trails, traffic signals, street lights, street signs, storm drains, trees, and similar facilities. (d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless >it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide or flood;. (e) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2500 square feet, whichever is less; (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topographical features (including navigational devices) where these devices do not have or result in an adverse environmental impact; (g) New copy on existing on and off- premise signs; (h) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural. Code); (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (j) Fish stocking by the California Department of Fish and Game,. (k) Division of existing multiple family rental units into condominiums. (1) Demolition and removal of buildings and related structures except where they are of historical, archaeological or architectural consec -uence as officially designated by Federal, State or local governmental action. Class 2: Replacement or Reconstruction. Class 2 consists of re- placea,ent or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 %. (b) Replacement of a commercial structure wrc.,, ._�• substantiall0the same size and purpose: A.73._61 Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures listed in this notice and installation of new equipment and facilities including but not limited to: (a) Single family residences not in conjunction with the building of two or.more such units; (b) Motels, apartments, and duplexes designed for not more.than four dwelling units if not in conjunction with the building of two or. more such structures; Stores, offices, and restaurants if designed for an occupant load (c): less, if not in conjunction with the building of re persons s, of two or more such structures; (d) dater main, sewage, electrical, gas and other .utility extensions of reasonable length to serve such construction; (e) Accessory (appurtenant) structures including garages, carpu­, patios, swimming pools and fences. (f) Traffic signals, street lights, underground conduit, and guard rails Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and /or vegeta- tion, including but not limited to: (a) Grading on land with a slope of less than 10 percent, except where it is to be located in a waten�ay,'in any wetoveornmin officially designated (by Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard; (b) New gardening or landscaping but not including tree removal; (c) Filling of earth into previously excavated land with material compatible with the natural features of the site; (d) Minor alterations in land, water and vegetation of existing officially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; (e) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales or Christmas trees, etc. Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations, except zoning, including but not limited to: ' (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel nor in any charge in land use or density; (b) Issuance of minor encroachment permits. Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental management and resource evaluat'on activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly ir_formation gathering purposes, or as part of a study leading to an action wnicn a public agency has not yet approved, adopted or funded_ x,73 -si Class 7: Regulatory Actions for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies, as auth- orized by state lzer or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource, including but not limited to wildlife preservation. Class 8: Regulatory Actions for the Protection of the Environment. t -ass 8 consists of actions taken by regulatory agencies, as auth- orized by_state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepre- sentation or adulteration of products. Class 10: Loans.. Class 10 consists of loans made,by the Depart -ment of Veterans Affairs under the Veterans Farm and ;tome Purchase Act of 1943. Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On- premise signs; (b) Small parking lots. Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land. EXCEPTIONS: Class 3, 4, 5 and 11 are oualified by considerations of where the project is to be located -- a project that is ordinarily insigni- ficant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental resource, or hazard of critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law. Voreover, all exemptions for these classes are inapplicable when the cumulative impact cf successive projects of the same type in the same place, over time is significant -- for example, annual additions to an existing building under Class 1. V. A. %� 17 P- RIVATE PROJECT ACTIVITY No Significant May Have Signifi- Effect cant Effect No EIR Ministerial Discreti \ry No EIR • Categorical Preliminary \ Applicant sub- Exemption Evaluation mits Data No EIR No Significant Some Signifi- \.. Effect' cant Effect / does EIR Negative Draft EIR Declaration Review by Ex pert s & Public Decision on . Project PC & /or CC Review &.Approve, Inco.rpor- ating Findings in . Fjinal EIP, Decision on Project APPENDIX A 0 V. B 79-57 0 PUBLIC PROJECT I � 0 .1 ACTIVITY No significant May Have Signifi- ffcs- Cal-It Effect No EIR Categorical preliminary Exer,ntion_ Evaluation Some Signifi-_ Initiating Depart No Signifi- cant Effect cant Effect ment.does EIR Negative Draft EIR Declaration Decision on Review by Ex- Project 77 P u,'.0 1 i C PC &/Or CC Review & Approve, incorpor- ating Findings in • r77-7 Decision on project. APPENDIX B