HomeMy WebLinkAbout1975 027 CC RESO1975 027 CC RESO ;¢fì ÷ ÿ RESOLUTION NO. 75-27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK
REPEALING RESOLUTION NO. 74-24
AND ADOPTING REGULATIONS FOR
PROCESSING ENVIRONMENTAL IMPACT
REPORTS
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RESOLVES AS
FOLLOWS:
SECTION 1. Resolution No. 74-24, which established
regulations for processing environmental impact reports is
hereby repealed.
SECTION 2. That those certain documents, attached hereto
as Exhibit A" are hereby adopted as the City's Regulations
for Processing Environmental Impact Reports.
SECTION 3. The City Clerk shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED this 2nd day of April, 1975.
i/^t^^
MAYOR
ATTEST:
y s^y^a /s
y4g^fe»e< A yc^<^9^
THELMA L. BALKUS, CITY CLERK
STATE OP CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, THELMA L. BALKUS. City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing resolution was duly and
regularly passed and adopted by the City Council of the City of
Baldwin Park at a regular meeting held on the 2nd day of April,
1975 by the following vote:
AYES s COUNCILMEN KING. GREGORY, MC CARON. WALDO AND MAYOR HAMILTON
NOES: COUNCILMEN
ABSENT: COUNCILMAN
THELMA L. BALKUS, CITY CLERK
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
EXHIBIT A
REGULATIONS FOR PROCESSING
ENVIRONMENTAL IMPACT REPORTS
I
INTRODUCTION
The obj ectives of these regulations are to provide
procedures Co facilitate and encourage participation by
all interested persons and agencies in the evaluation
of project's as they affect Lhc environment and to carry
out the policy enunciated by the State Legislature in
the Environmental Quality Act of 1970.
These regulations are authorized by the Act and
are in addition to the Guidelines as amended) for
Implementation of the California Environmental Quality
Act of 1970 promulgated by the State' Resources Agency.
II
PREPARATION OF ENVIRONMENTAL IMPACT REPORT
A. An Environmental Impact Report: EIR) shall be
prepared and processed as hereinafter provided) before
the City issues a permit for or approves the commencement
of any project that may have or as to which there is,
or may reasonably be anticipated to be, a substantial
body of opinion that such project may have a substantial
impact on the environment, unless it is: 1) a ministerial
as opposed to discretionary) projects; 2) an Emergency
Project; or 3) Categorical Exemption as listed in said
Guidelines for example, a 4 unit dwelling is exempt but
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1975 027 CC RESO ;¢fì ÷ ÿ street tree removal is not), note: The Categorical
Exemptions are generally: 1] remodeling projects;
2] replacement projects; 3] small structures;
4) inconsequential uses or alterations of lots; and
5] temporary operational as opposed to site uses, such
as parade, fireworks or Christmas tree permits; these
exemptions do not apply in unique circumstances or where
there is a cumulative effect).
B. In preparing an EIR. the City Hall shall seek
comments from any State, County or other public agency that
has jurisdiction with respect to the project. Such agencies
may be school districts, water districts, flood control
districts etc., that service the project site. In its
request for comments, the City shall describe the proposed
project and advise the agency that unless the agency
responds within 21 days after such request is made, it will
be assumed that the agency has no comment to make.
Ill
DISCRETIONARY AND MINISTERIAL PROJECTS
A. Discretionary Projects
The following are discretionary projects, i.e. those
/•
which require the exercise of judgment, deliberation» or
decision on the part of a City body or officer in approving
or disapproving the activity, as distinguished from
ministerial acts:
1. Conditional or special use permits;
2. Zone variances;
3- Zone changes;
f,
4. Zoning Code amendments;
5- Tentative Subdivision Maps;
6- Lot splits and/or combinations;
2
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
7. Entertainment permits;
8. Public projects of any kind;
9. City acquisition or disposal of real
property;
10. Street vacation, closure or one-way;
11. General Plan elements and amendments
thereto;
12. Permits issued by City Officers including,
but not limited to, permits for a parade,
use of amplifying equipment, right-of-way
encroachment, or temporary land uses when
cumulative in effect;
13. Grading and excavation permits.
B. Ministerial Projects
The Environmental Quality Act does not apply to the
following:
1. Building permits including electrical.
mechanical and plumbing permits);
2. Business licenses;
3. Final Subdivision Maps;
4. Any authorization which requires action
by a City body or officer based upon given
facts without regard to judgment or opinion
concerning the propriety or wisdom of the
act although the Ordinance or regulation
may require, in some degree, a construction
of its language.
IV
NEGATIVE DECLARATION
If there is no substantial body of opinion, and none
is anticipated, that a non-exempt project has a potential
for substantial adverse impact on the environment, or will
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1975 027 CC RESO ;¢fì ÷ ÿ be controversial, the questionnaire set forth as Exhibit
A" shall be used to determine whether a City may make a
negative declaration. Before completing a Negative
Declaration, the City shall consult with all responsible
agencies as required by t]ie State Guidelines.
V
NOTICES
The following Notices shall be given in the time and
manner specified:
1. A Negative Declaration shall be posted at the
City Hall and filed with the County Clerk at least seven
days before consideration of or issuance of the permit;
and
2. The Draft EIR shall be prepared in the format
set forth in Exhibit B", and Notice shall be posted at
the City Hall at least 30 days before the requisite public
hearing on the EIR. Such notice shall invite the public
to submit comments in writing to the person or agency
that prepared the report before the hearing. The Notice
shall be in substantially the form set forth in Exhibit
C".
t
3. Upon preparation of a Draft EIR, a Notice of
Completion, Exhibit D", shall be filed with the Secretary
for Resources.
4. EIR Public Hearing notice shall be given in
writing to an applicant and shall be published in a news-
paper circulated and published in the City at least 10
days before the hearing. If the project is a matter that
requires a public hearing because it involves a conditional
use permit, variance, zone change etc., notice of such
hearing shall include notice of the EIR consideration.
which shall satisfy the requirements of this paragraph.
4
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
5. Notice of Determination either EIR or Negative
Declaration) shall be filed with the County Clerk within
seven days after approval or disapproval of the project
is final. The Notice of Determination shall be substantially
in the form set forth in Exhibit E".
4
VI
HEARINGS
Each EIR shall be set for a public hearing before the
body or officer authorized to issue the project permit.
If an EIR is prepared for a project which is the subject
of a public hearing, conditional use permit, zone variance,
zone change, etc.). the hearings may be combined. The
hearing body shall up date the Draft EIR, finalize it and
approve or disapprove the findings and conclusions, all
as set forth in Section VIII.
VII
FEES
A. After being notified that an EIR is to be prepared,
the applicant shall deposit wiht the City a sum sufficient
to cover and meet all City expenses for the preparation
and processing of the EIR, including notices of hearings;
the amount to be deposited shall be estimated by the City
official responsible for preparing or reviewing the report.
B. Any balance remaining in such fund over and above
actual City expenses after completion and processing of
the report by the City, shall be refunded to the applicant
making the deposit. Should the City's expenses exceed
the amount deposited, the applicant shall pay that
additional sum before final action is taken by the City on
the project.
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1975 027 CC RESO ;¢fì ÷ ÿ C. In addition, the applicant shall provide, at his
cost, such information as is requested by the City to
assist in the preparation of the report, and shall specify
to the best of his knowledge the names of other public
agencies that will have approval authority over the project.
VIII
CERTIFICATION OF EIR
A. The State Resources Agency Guidelines for Imple-
mentation of the Environmental Quality Act of 1970 require
that the decision-making body shall certify the final EIR
Environmental Impact Report) and consider the contents of
the report prior to making a decision of the project.
B. In adopting the EIR, the decision-making body
should: 1) acknowledge that the EIR has been prepared
in accordance with State and City regulations; 2) that it
is complete; 3) that the decision-making body has reviewed
its content and considered all public imput; and 4) reasons
for overruling any adverse environmental impact.
C. Among other things, the report must include a
section for comments received from other agencies and the
public, and the City's response to those comments. Such
r
comment and response may have already been included in
the report. New comment and response made at the hearing
should be added to the report, and the EIR can be certified
subj ect to such inclusion.
D. If an environmental issue is raised at the
hearing, which has not been considered by the staff and
for which the staff requires more time for comment, the
hearing should be continued. If that should occur when a
tentative tract map is before the City Council, the City
must obtain the consent of the developer to continue the
matter until the EIR is completed. If the developer does
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
not give his consent for such a continuance, the map should
be disapproved on the ground that the City cannot approve
such a project until after it has considered a final EIR.
/
pursuant to the Environmental Quality Act of 1970.
E. If an EIR hearing is combined with a hearing on
the project such as a zone variance or conditional use
permit) the decision-making body should first certify the
EIR and then take action on the project.
IX
PURPOSE FOR EIR
According to the Environmental Quality Act, an EIR
is an information document which shall be considered
by every public agency prior to its approval or disapproval
of a project." Its purpose is to give public agencies
detailed information about the effect which a proposed
project is likely to have on the environment, to list ways
in which any adverse effects of such a project might be
minimized, and to suggest alternatives to such a project."
The State Guidelines provide that an EIR may not be
used to rationalize approval of a project" or to require
disapproval where there are adverse impact indications.
i*
Public agencies retain existing authority to balance
environmental objectives with economics and social
objectives."
1. The thrust of the regulations is to assure the
consideration by the decision-making body of the environ-
mental effects of the action whcih it proposes to take.
2. Such mandatory consideration is assured through
either a) a bona fide appeal of a negative declaration
if the staff feels there is no adverse environmental
effect) or b) through a hearing on an EIR if the staff
feels there is a substantial environmental effect).
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1975 027 CC RESO ;¢fì ÷ ÿ 3. At such hearing either on an appeal of the-
negative declaration or on a full EIR) the public will
have an opportunity to inform the decision-making body
of the adverse environmental effects of the proposed
action.
4. The hearing is not a balancing by the decision-
making body nor a quasi-judicial decision based upon the
evidence adduced at the hearing, but is an informational
process which assures to the public the right to advise
the body of the adverse effects of the proposed action.
5. No matter what the information supplied by the
public might be, the decision-making body always has the
prerogative to consider the other economic or social
health, safety and welfare) effects of what is proposes
to do and to override the environmental effects disclosed
at the hearing.
X
LIMITATION ON COURT ACTIONS
The following time limits are imposed for an attack
on the City's acts:
1. A suit alleging that the City approved a project
t-
that may have a significant effect on the environment
without having determined whether these may be a significant
effect 180 days from the date of the approval, or if the
project begins without formal decision by the agency. 180
days from commencement of the project.
2. A suit alleging that the City improperly deter-
mined whether a project may have a significant effect on
the environment or that the EIR does not comply with the
requirements of the Environmental Quality Act 30 days
after filing a notice of approval of the project with the
County Clerk.
ADOPTED: April 1, 1975
By the City Council of the
CITY OF BALDWIN PARK
8
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1975 027 CC RESO ;¢fì ÷ ÿ
Resolution No, 75-27
Assessment of Environmental Impact for:
Answer the following questions by placing a check in the appropriate
space:
YES NO
1. Could the proj ect significantly change
present uses of the project area?
2. Could the project significantly change
present uses of land outside the project
area?
3. Could the project have a substantial
adverse effect on the use of a recreational
area?
4. Could the project result in the displacement
of community residents?
5. Could the project have a substantial
adverse effect on any unique natural
or man-made features?
6. Could the project have a substantial
adverse effect on known historical
or archeological site or its setting?
7. Could the project have a substantial
adverse effect on the potential use,
extraction, or conservation of a scarce
natural resource?
8. Could the proj ect substantially interfere
with a rare or endangered species of
animal or plant, or habitat of such a
species?
9. Could the proj ect substantially interefere
with the movement of any resident or
migratory fish or wildlife species?
10. Could the proj ect change existing features
of any of the region's lagoons, bays or
tidelands?
11. Could the project change existing features
of any public beaches in the county?
12. Could the project have a substantial
negative aesthetic effect?
13. Could the project breach any national,
state, or local standards relating to
solid waste or litter control?
14. Could the project cause substantial
flooding, erosion or siltation?
15. Will the project involve construction
of facilities in a flood plain?
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1975 027 CC RESO ;¢fì ÷ ÿ YES NO
16. Could the project serve to encourage
development of presently underdeveloped
areas or intensify development of already
developed areas?
17. Is the project in conflict with established
environmental s tandards air, water, noise,
etc.), and/or adopted plans?
18. Will the project require certification,
authorization or issuance of a permit by
any local. state or federal environmental
control agency?
19. Will the proj ect involve the application,
use, or disposal of hazardous materials?
20. Will the project involve construction of
facilities in the area of a known active
fault?
21. Could the construction of the project
significantly increase ambient noise
levels for adjoining areas?
22. Could the completed project significantly
increase ambient noise levels for adjoining
areas?
2-3. Could the construction of the project result
in the generation of significant amounts
of dust?
24. Could the completed project result in the
generation of significant amounts of dust?
25. Will the project involve the burning of
brush, trees, construction materials, etc.?
26. Could the project' result in a substantial
detriment to any portion of the region's
air or water quality? *
27. Could the project result in contaminating
a public water supply or an adverse affect
on ground water?
28. Could the project result in chemical abate"
ment of ground dover or removal of street
trees?
29. Could the project result in substantial
increase in use of utilities, sewers.
drain or streets?
30. Could the project result in a substantial
increase in the use of energy petroleum,
electric, etc.)?
Statement of No Substantial Adverse Environmental Effects
If you have answered yes to one or more of the questions, but still
think the project will have no substantial adverse environmental
effects, indicate your reasons below.
A-2
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1975 027 CC RESO ;¢fì ÷ ÿ
1975 027 CC RESO ;¢fì ÷ ÿ
A Negative Declaration shall be substantially in the
following form:
ENVIRONMENTAL QUALITY ACT
NEGATIVE DECLARATION
Applicant:
Type of Permit:
File No.:_____
Description of the Proposed Project:
I declare that I have examined the plans for the above
captioned project as submitted by the applicant, and on
the basis of the Assessment of Environmental Impact
Questionnaire" on file in my office as a public document,
it is my opinion that this project will have no signifi-
cant impact upon the environment within the meaning of
the Environmental Quality Act of 1970.
Dated: Signature
Title)
City of
Any person may file a protest to the Negative Declaration
with the Department of Public Works prior to the issuance
of the permit or approval of the project. The protest
must be in writing and must state the environmental factors
on which the protest is based. The protest shall be
reviewed by the Director of Public Works or his agent.
If he finds that the protest is based on one or more
significant environmental factors not previously considered
or which, in the opinion of the reviewer, should be
reconsidered, and which may have a substantial adverse
effect on the environment, the permit shall be suspended
and an EIR shall be procedded. The decision of the
reviewer shall be final. Copies of the Negative Declaration
may be obtained for Dollars price based on
cost of reproductionj"
Posted at City Hall on
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
File No.
Date of
Report
DEPARTMENT
CITY OF
ENVIRONMENTAL IMPACT REPORT
1. DESCRIPTION OF PROJECT:
a) Location See attached maps of project area
and the City).
b) Objectives of Project:
c) Technical, economic and environmental
characteristics in general:
2. PRESENT CHARACTERISTICS OF THE IMMEDIATE AND
SURROUNDING AREA:
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1975 027 CC RESO ;¢fì ÷ ÿ 3. IMPACT OF THE PROJECT ON PEOPLE AND THE ENVIRONMENT
Discuss both long-term and short-term impact):
a) Does the project involve removal of structures?
If yes. explain:
b) Does the project involve the removal of land-
scaping? trees shrubs etc.
If yes, explain:
c) Will the project result in a change in population
distribution and concentration?________
If yes, explain:________________________________
d) Will the project affect the water supply, scenic
quality or public services?_________
If yes, explain:___________________________^____
e) Will the proj ect result in the substantial
consumption of energy?________
If yes, explain:______________________________
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
f) Discuss measures which will be undertaken to
reduce inefficient and unnecessary consumption
of energy:
g) Describe the effect of the completed project as
follows:
No change Increase Decrease
1) Traffic:
2) Noise Level:
3) Safety:
4) Air pollution:
5) Water pollution:
Explain in detail any answers other than no change'*:
4. ARE THERE ANY ADVERSE ENVIRONMENTAL EFFECTS THAT CANNOT
BE AVOIDED IF THE PROJECT IS IMPLEMENTED?______
If yes, explain:________________________________
5. ARE THERE ANY POSITIVE ENVIRONMENTAL EFFECTS ON THE
PROJECT?________
If yes, explain:
B-3
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1975 027 CC RESO ;¢fì ÷ ÿ 6. PROJECT PLAN MEASURES TO MINIMIZE ADVERSE EFFECTS:
ARE SUCH MEASURES PART OF THE OFFICIAL PROJECT PLANS?
7. DESCRIBE REASONABLE ALTERNATIVES IF ANY) TO THE PROPOSES
PROJECT AND THEIR EFFECT ON THE ENVIRONMENT. AND WHY
THEY WERE REJECTED. In some cases the only alterna-
tive may be to not proceed with the project.)
8. DESCRIBE THE RELATIONSHIP BETWEEN SHORT-TERM AND LONG
TERM EFFECTS OF THE PROJECT. For example, the loss
of full grown trees might be overcome in later years
by plantings as part of the project.)
9. DESCRIBE ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH
WILL RESULT FROM THIS PROJECT.
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
10. GROWTH-INDUCING IMPACT OF THE PROJECT:
a) Discuss ways in which the Project could promote
economic or population growth and affect city
service facilities.
b) Discuss ways in which the project may encourage
other activities that could have a substantial,
adverse effect on the environment.
11. ORGANIZATIONS AND PERSONS CONSULTED:
a) List all public and private agencies and persons
consulted in preparing this report including those
who commented at public hearings.
b) Comments received through the consultation process
in verbatim or summary and the City's response
to those comments.
B-5
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1975 027 CC RESO ;¢fì ÷ ÿ 12. CONCLUSION:
a) Project will have no substantial
adverse effect on the environment. Explain)
b) Project will have a substantial
adverse effect on the environment. Explain)
This report is submitted pursuant to the California
Environmental Quality Act, Public Resources Code, Sec.
21100, et seq.
REPORT SUBMITTED BY:
Additional information if any) submitted at Public Hearing
Signature)
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No. 75-27
NOTICE OF ENVIRONMENTAL IMPACT REPORT
Applicant:
Type of Permit:
File No.:
DESCRIPTION OF THE PROPOSED PROJECT:
An Environmental Impact Report has been prepared on the
above described project. The public is invited to review
the report which is available at
and to submit written comments on the report prior to a
public hearing on the report which will be held.
date and time) at__________(place)_____________
Copies of the report may be obtained for $_______ price
based on costs of reproduction).
Dated:_
Posted:
signature)
title)
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1975 027 CC RESO ;¢fì ÷ ÿ TO: State of California
The Resources Agency
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95614
NOTICE OF COMPLETION
j
Project Title
Project Location Specific
Project Location CityProj ect Location-County
Description of Nature, Purpose, and Beneficiaries of
Project
Lead AgencyDivision
Address Where Copy of E1R is Available
Review Period
Contact PersonArea CodePhoneExtension
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1975 027 CC RESO ;¢fì ÷ ÿ Resolution No, 75-27
KOTICE OF D^TERKINATION
TO: /"7 Secretary for Resources FBDM: Lead. Agency)
1416 Ninth Street^ Room 1311
Sacramento, California 9581^
/"7 County Clerk
County of
SUBJ3CT; Piling of Notice of Determination in compliance with Section 21108
or 21152 of the Public Resources Code
Project Title
State Clearinghouse Number If submitted to State Clearinghouse)
Contact Person Telephone Number
Project Location<
Project Descriptioni•.„„.,„-
I
This is to advise that the
Lead Agency)
has raade the following determinations regarding the above described project:
The project has been F7 approved by the Lead Agency.
ff disapproved
2. The project /7 will have a significant effect on the environment*
U wil1 not
3» /~7 An Environmental Impact Report vas prepared for this project pursuant to
the provisions of CEQA,
4
/"7 A Negative Declaration was prepared for this project pursuant to the pro-
visions of CEQA. A copy of the Negative Declaration is attached.
Date Received for Filing
Signature
Title
Date
E-l
BIB]
37686-U01
1975-U02
027-U02
CC-U02
RESO-U02
LI3-U03
FO10488-U03
FO11122-U03
DO11165-U03
C6-U03
RESO-U03
3/5/2003-U04
ROBIN-U04
Resolution No- 75-27
CONCLUSIONS:
Place a check in the appropriate box:
It has been determined that the project will not have substantial
adverse environmental effects.
It has been determined that the project could have significant
environmental effects. An EIR will be submitted on
approximate date)
By
Planning director, Building
official, etc.)
A-3
BIB]
37686-U01
1975-U02
027-U02
CC-U02
RESO-U02
LI3-U03
FO10488-U03
FO11122-U03
DO11165-U03
C6-U03
RESO-U03
3/5/2003-U04
ROBIN-U04