CC RESOLUTION 2541y�I }.
11599
RESOLUTION NO. 2 541
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 Qualitv 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 Ens rronmental
Quality Act of 1970, or the Guidelines for Implementation of the California
Environmental Quality Act of 15 +70.
SECTION 3. Definitions. The terms used in this resolution
shall be deemed to be used as defiled in the "El Segundo Municipal Code ",
the California Environmental QLialit% Act t,f 1 X170 and in the regulations pro-
mulgated pursuant thereto. N% here sm h t erms are defined b� the said Act
or the said regulations such definition shall prevail over an inconsistent
definition in the "E1 Segundo Nkini( rpal C't,rle ".
SECTION 4. Environmental lrnpact Report -- Negative Declara-
tion-- Required t nless Categoric-all,, f:y<,rript. Environmental Impact lieports
or Negative Declarations shall he prt�pnr,�d for an\ of' the prnjects listed rn
Section 6 of this resolution unless the\ arc' exempt pursuant to the Guidelines
for Implementation of the California Environmental Quality Act of 1970 promul-
gated by the Secretary for Resources of the Resources Agency of California.
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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 E1 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, except as provided in Section 4, 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) Any driveway permit issued b} the Director of Public �%orks in
connection with a private pro ject that is discretionarv.
(15) Any other approval of a discretionarN project "hick 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, and 15 Of Section 6
of this resolution. The Director of Public Works shall prepare a Draft Environ-
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mental Impact Report or Negative Declaration for Items Nos. 2, 11 and 14
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, following an initial study of the proposed
project, 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 ,_)e prepared a Negative Declaration. If the Direc-
tor of Planning or the Director of Public Works determines that the proposed
project will have a significant effect on the environment he shall cause to be
prepared a Draft Environmental. Impact Report or he may accept a Draft Envi-
ronmental Impact Report submitted by the applicant provided an independent
evaluation and analysis reflecting the independent judgment of the city regard-
ing the proposed project is completed and accompanies the Draft Environmental
Impact Report prior to the document being distributed for public review.
The Director of Planning or the Director of Public Works may al
any time before completion of the Negative Declaration or the Environmental
Impact Report require the applicant to furnish him with additional information
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needed in reaching the determination and preparing the Negative Declaration
or Draft Environmental Impact Report required of the Director of Planning or
the Director of Public Works.
SECTION 11. Environmental Impact Report -- Negative Declara-
tion-- Required Information. The applicant shall present the information neces-
sary for the initial study to determine the environmental effect of the project
at or prior to the time of filing his application unless the project is categori-
cally exempt. The applicant shall submit any other information determined
by the Director of Planning or the Director of Public Works to be necessary
in the preparation of the Environmental Impact Report or Negative Declaration.
SECTION 12. Environmental Impact Report -- Negative Declara-
tion -- Filing. All Environmental Impact Reports or 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 Im-
pact Report or Negative Declaration. The Director of Planning shall also give
such other notices relating to the Environmental Impact Report or Negative
Declaration as the Planning Commission may direct. After approval of the
Draft Environmental Impact Report or Negative Declaration by the Planning
Commission the same shall be presented to the officer or body charged with
final approval of the project.
All Draft Environmental Impact Reports and all Environmental
Impact Reports and Negative Declarations filed with the Director of Planning
shall be made available for public inspection.
Concurrently with the circulation of a Draft Environmental Im-
pact Report or Negative Declaration to public agencies a copy shall be delivered
to the Chief Librarian to be available for public inspection in the public library
while the matter is being processed. Ninety days after any Environmental Im-
pact Report or Negative Declaration has been adopted the Chief Librarian ma%
discard the copy of the Draft Environmental Impact Report or Negative Declara-
tion on file in the library.
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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 ►()r a pro -
3ect 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 City.
(2) For the time of the Cite Manager or CitN-
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.
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$60.00 per hour
30. 00 per hour
x'.00 per hour
12. 00 per hour
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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 Director of
Planning shall, in every case where the project otherwise requires a hearing,
set a hearing before the Planning Commission on the Draft Environmental Im-
pact 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. Said public hearing may not be held less than thirty
days from the date of filing the Draft Environmental Impact Report or Nega-
tive Declaration at the Public Library or more than ninety days from the date
of receipt of application for consideration of all items enumerated in Section 6.
In cases where the project does not otherwise 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 Commission deems desirable. A
hearing shall be held by the Commission not sooner than fourteen days after the
report is presented to it.
SECTION 16. Environmental Impact Report -- Negative Declara-
tion-- Amend /Modify -- Accept /Reject -- Certify -- 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 accept, amend or modify
the draft report and shall thereafter certify 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 Commissicn concerning the project.
SECTION 17. Environmental Impact Report -- Negative Declara-
tion - - Amend / Modify - - Accept /Reject Planning Commission Action Subject to
Appeal. On any matter upon which the Planning Commiss wn's determination
is subject to appeal to the City Council, the Planning Commission shall review,
and modify or amend, if it deems such action desirable, and thereafter accept
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the Draft Environmental Impact Report or the Negative Peclaration and for-
ward the same to the City Council in the event an appeal is filed on the prin-
cipal application. The final 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 min-
utes of the proceedings before the Planning Commission concerning the pro-
ject 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 -- Accept /Reject -- 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 accept 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 project,
with its recommendation on the disposition to be made on the principal applica-
tion. The body or officer vested with final authority shall then review, and may
modify or amend, or certify or reject the final Environmental Impact Report
or Negative Declaration. The final 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 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 19. Environmental Impact Report -- Negative Declara-
tion -- Planning Commission Action Final Unless Appealed -- Certification 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 acceptance by the Planning Commission of the Draft Environ-
mental Impact Report or Negative Declaration shall become certification 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 certification of the Environmental Impact Report or Negative Declara-
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tion to the Planning Commission within five days after expiration of the
appeal period.
SECTION 20. Resolution No. 24 72 passed and adopted the 26th
day of March, 1973, is hereby rescinded.
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 there-
of 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 21st day of May
, 1974.
ATTEST:
City Clerk
(SEAL)
a
[3
Mayor 6T-the City of El Segundo, California.
rnia.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
I, EUNICE U. CREASON
SS
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. 2541
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 21st day of May , 197 4
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Nagel, Rockhold, Stephens
Van Vranken and Mayor Balmer
NOES: Councilmen None
ABSENT: Councilmen None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY this 30th day of May
(SEAL)
1974
City Clerk
of the City of E1 Segundo, California