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CC RESOLUTION 2472.11 1? 1-) .? RESOLUTION NO. 2472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT OF 1970. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, 'DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. Purpose. This resolution is adopted to imple- ment the provisions of the California Environmental Quality Act of 1970 and the Guidelines for Implementation of the California Environmental Quality Act of 1970 promulgated by the Secretary for Resources of the Resources Agency of California. SECTION 2. Designation of Environmental Quality Officer. The Director of Planning is hereby designated the Environmental Quality Officer. The Director of Planning shall be responsible for giving and filing all notices required by this resolution, the California Environmental Quality Act of 1970, or the Guidelines for Implementation of the California Environmental Quality Act of 1970. SECTION 3. Definitions. The terms used in this resolution shall be deemed to be used as defined in the "E1 Segundo Municipal Code ", the California Environmental Quality Act of 1970 and in the regulations pro- mulgated pursuant thereto. Where such terms are defined by the said Act or the said regulations such definition shall prevail over an inconsistent definition in the "E1 Segundo Municipal Code ". SECTION 4. Environmental Impact Report -- Negative Declara- tion -- Required Unless Categorically Exempt. Environmental Impact Reports or Negative Declarations shall be prepared for any of the projects listed in Section 6 of this resolution unless they are categorically exempt pursuant to the Guidelines for Implementation of the California Environmental Quality Act of 1970 promulgated by the Secretary for Resources of the Resources Agency of California. SECTION 5. Categorical Exemptions. Categorical exemptions as set forth in Article 8 of the Guidelines for Implementation of the California Environmental Quality Act of 1970 are hereby approved and adopted as the categorical exemptions of the City of El Segundo. SECTION 6. Environmental Impact Report -- Negative Declara- tion -- Projects Requiring. Environmental Impact Reports or Negative Declara- tions for projects requiring an Environmental Impact Report or Negative Declara- tion shall be prepared for the following projects: (1) Animal permits where a physical change in land or structures is contemplated. (2) City projects including buildings, roads, sewer and water lines, traffic control devices, parks, storm drains, and other construc- tion projects. (3) Amendments to the zoning text of the "E1 Segundo Municipal Code ". (4) Amendments to the City zoning map. (5) The adoption of a general plan or any element thereof. (6) Amendments to the general plan or any element thereof. (7) Conditional Use Permits. (8) Variances. (9) Precise Plans and amendments thereto. (10) Unclassified Use Permits. (11) Franchises. (12) Oil Well Permits. (13) Subdivisions. (14) Division of Lands. (15) Any driveway permit issued by the Director of Public Works in connection with a private project that is discretionary. (16) Any other approval of a discretionary project which may have a significant effect on the environment. SECTION 7. Draft Environmental Impact Report -- Negative Declaration - - Preparation - - Public /Private Projects. The Director of Plan- ning shall prepare a Draft Environmental Impact Report or Negative Declara- tion for Items Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14 and 16 of Section 6 of this resolution. The Director of Public Works shall prepare a Draft Environ- -2- .L mental Impact Report or Negative Declaration for Items Nos. 2, 11 and 15 of Section 6 of this resolution. SECTION 8. Draft Environmental Impact Report -- Negative Declaration -- Circulation. After the preparation of a Draft Environmental Impact Report or Negative Declaration the Director of Planning shall circu- late it to other interested public agencies with a notification that their comments will be considered by the responsible agency for inclusion in the final Environ- mental Impact Report if such comments are received within thirty days after giving such notice. SECTION 9. Environmental Impact Report -- Negative Declara- tion - -Final Plans. Final plans for any project requiring adoption of an Environmental Impact Report or Negative Declaration by the City shall not be approved until an Environmental Impact Report or Negative Declaration has been adopted. SECTION 10. Environmental Impact Report -- Negative Declara- tion -- Preparation. Upon receipt of an application for a project requiring an Environmental Impact Report or Negative Declaration the Director of Planning or Director of Public Works shall determine whether the proposed project will have a significant effect on the environment. If the Director of Planning or the Director of Public Works determines that the proposed project will not have a significant effect on the environment he shall cause to be prepared a Negative Declaration. If the Director of Planning or the Director of Public Works de- termines that the proposed project will have a significant effect on the environ- ment he shall cause to be prepared a Draft Environmental Impact Report which may be accomplished either by the independent preparation of the Draft Environ- mental Impact Report or by reviewing and analyzing a proposed Draft Environ- mental Impact Report submitted by the applicant and adding his comments thereto. The Director of Planning or the Director of Public Works may at any time before completion of the Negative Declaration or the Environmental Impact Report require the applicant to furnish him with additional information needed in reaching the determination and preparing the Negative Declaration or Draft Environmental Impact Report required of the Director of Planning or -3- ± r \,l w the Director of Public Works. SECTION 11. Environmental Impact P Report- 9 - Neative Declara- tion-- Required Information. The applicant shall present the information neces- sary to determine the environmental effect of the project at the time of filing his application unless the project is categorically exempt. Such information may be in the form of a proposed Draft Environmental Impact Report or such other form as the Director of Planning or the Director of Public Works shall permit. The applicant shall submit any other information determined by the Director of Plan- ning or the Director of Public Works to be necessary in the preparation of the Environmental Impact Report or Negative Declaration. SECTION 12. Environmental Impact Re ort -- P Negative Declara- tion-- Filing. All Environmental Impact Reports or P Negative Declarations shall be filed in the office of the Director of Planning and processed in the same manner as provided for the processing of variances, insofar as hear- ings are concerned. The Director of Planning shall give notice as required by law of consideration, completion or determination of an Environmental q red Im- pact Report or Negative Declaration. The Director of Planning shall also give e such other notices relating to the Environmental Impact Report or Negative Declaration as the Plannin g Commission may direct. After approval of the Draft Environmental Impact Report or Negative Declaration b • th Commission the same shall be presented to the officer or body e Planning final approval of the project 5 charged with . All Draft Environmental Impact Reports and all Environmental Impact Reports and Negative Declarations filed with the Director of shall be made available for public inspection. Planning Concurrently with the circulation of a Draft Environmental Im- pat Report car Negative Declaration to public agencies a copy shall be d to the Chief Librarian to be aiailable for public inspection in the c� u elivered while the mattes ss bean P bile library g processed. Ninety days after any y Environmental Im- pact Report or Negative Declaration has been adopted the Chief discard the copy of the Draft Environmental Impact Librarian may P Report or Negative Declara- tion on file in the library. -4- SECTION 13. Environmental Impact Report -- Negative Declara- tion -- Deposit for Preparation -- Evaluation. A deposit, the amount of which will be determined by the Director of Planning, shall be made at the time the application for a project requiring an Environmental Impact Report or Nega- tive Declaration is filed. The deposit shall be in an amount necessary to cover the City's estimated costs of preparing and evaluating the Environmental Impact Report or Negative Declaration. The deposit shall not be less than $250. 00 and in no case exceed the sum of $10, 000. 00. When the City's costs in the preparation or the evaluation of the Environmental Impact Report or Negative Declaration exceed the amount of the deposit the applicant shall pay the difference before the project is approved. When the City's costs in the preparation and evaluation of the Environmental Impact Report or Negative Declaration are less than the amount of the deposit the City shall refund the balance of the deposit to the applicant. Any person dissatisfied with the determination of the Director of Planning, as to the amount of deposit re- quired, may appeal such determination to the City Manager. SECTION 14. Environmental Review Charges. Charges to cover the expense of compilation, analysis, and review of environmental factors required in the preparation and evaluation of the Environmental Im- pact Report or Negative Declaration shall be paid by the applicant for a pro- ject requiring an Environmental Impact Report or Negative Declaration in accordance with the following table: (1) For a consultant's time..... at the actual cost to the C ity. (2) For the time of the City Manager or City Attorney ..... ............................... (3) For the time of the Director of Planning and other heads of departments ................... (4) For the time of employees in the office series. . (5) For the time of all other employees of the City. (6) For all costs of materials and reproduction ex- penses ..................................... (7) In addition a $50. 00 public hearing fee shall be charged in those instances where a public hear- ing is not otherwise required to process the prin- cipal permit. -5- $60. 00 per hour 30. 00 per hour 9. 00 per hour 12. 00 per hour SECTION 15. Environmental Impact Report -- Negative Declara- tion -- Hearing Required. A Draft Environmental Impact Report or Negative Declaration when completed by the Director of Planning or the Director of Pub- lic Works shall be presented to the Planning Commission. The Commission shall, in every case, -where the project otherwise requires a hearing, set a hearing before the Planning Commission on the Draft Environmental Impact Report or Negative Declaration concurrently with the hearing on the project and include in the notice of hearing on the project notice of hearing on the Draft Environmental Impact Report or Negative Declaration together with such other notice as required by law. In cases where the project does not other- wise require a public hearing the Commission shall direct that a copy of the Draft Environmental Impact Report or the Negative Declaration be filed and notice given as required by law together with such other notice as the Com- mission deems desirable. A hearing shall be held by the Commission not sooner than fourteen days after the report is presented to it. SECTION lo. Environmental Impact Report -- Negative Declara- tion -- Amend / Modify -- Approve /Disapprove -- Planning Commission Action Final. At any hearing on an Environmental Impact Report or Negative Declara- tion where the action of the Planning Commission in granting or refusing the permit will be final, the Planning Commission shall approve, amend or modify the draft report and shall thereafter adopt a final Environmental Impact Report or Negative Declaration. The Environmental Impact Report shall consist of the Draft Environmental Impact Report, all written communications received concerning the Draft Environmental Impact Report, and an extract of the minutes of the proceedings before the Planning Commission concerning the project. SECTION 17. Environmental Impact Report -- Negative Declara- tion -- Amend /Modify - Approve /Disapprove -- Planning Commission Action Sub- ject to Appeal. On any matter upon which the Planning Commission's determina- tion is subject to appeal to the City Council, the Planning Commission shall re- view, and modify or amend, if it deems such action desirable, and thereafter approve the Draft Environmental Impact Report or the Negative Declaration and forward the same to the City Council in the event an appeal is filed on the principal application. The Environmental Impact Report shall consist of the Draft Environmental Impact Report, all written communications re- ceived concerning the Draft Environmental Impact Report, and an extract of the minutes of the proceedings before the Planning Commission concern- ing the project and an extract of the minutes of the proceedings before the City Council on the project or the comments of the officer or body vested with authority to finally approve the project. SECTION 18. Environmental Impact Report -- Negative Declara- tion -- Amend / Modify -- Approve /Disapprove -- Planning Commission Action Not Final. When the final approval of the project is vested in any officer or body other than the Planning Commission, the Planning Commission shall review, and modify or amend, if it deems such action desirable, and thereafter approve the Draft Environmental Impact Report or the Negative Declaration and forward the same to the officer or body vested with authority to finally approve the pro- ject, with its recommendation on the disposition to be made on the principal application. The Environmental Impact Report shall consist of the Draft En- vironmental Impact Report, all written communications received concerning the Draft Environmental Impact Report, and an extract of the minutes of the proceedings before the Planning Commission concerning the project and an extract of the minutes of the proceedings before the City Council on the pro- ject or the comments of the officer or body vested with authority to finally approve the project. SECTION 19. Environmental Impact Report -- Negative Declara- tion -- Planning Commission Action Final Unless Appeal -- Adoption of Environ- mental Impact Report /Negative Declaration. In those instances when the Plan- ning Commission's determination becomes final, unless it is appealed to the City Council, the approval by the Planning Commission of the Draft Environ- m ental Impact Report or Negative Declaration shall become adoption of the final Environmental Impact Report or Negative Declaration upon the expiration of the time for appeal. If no appeal is taken the Director of Planning shall give notice of adoption of the Environmental Impact Report or Negative Declaration. -7- SECTION 20. This resolution shall remain inoperative until April 4, 1973 and becomes operative at one minute past midnight on April 4, 1973. SECTION 21. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original reso- lutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 26th day of March 1973. ATTEST: JANE D. HOUGH ity Clerk i BY: ` eputy (SEAL) e /L7Ck/40401 Mayor of the City of egun o, California. i:3 STATE OF CALIFORNIA, ) ) COUNTY OF LOS ANGELES, ) CITY OF EL SEGUNDO. ) SS I, JANE D. HOUGH, , City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2472 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 26th day of March , 197 3 and that the same was so passed and adopted by the following vote: AYES: Councilmen McGill, Morgan, Nagel, Stephens and Mayor Balmer NOES: Councilmen None ABSENT: Councilmen None WITNESS my hand and the official seal of said City this 4th day of April , 1973 JANE D. HOUGH City Clerk of e City of egun o California By rputy (SEAL)