CC RESOLUTION 3184RESOLUTION NO. 3184
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 AND RESCINDING
RESOLUTION NO. 2541.
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
implement the provisions
of the
California Environmental Quality
Act of 1970 and the
Guidelines for
Implementation of the Calif-
ornia Environmental
Quality Act
of 1970 promulgated by the Sec-
retary for Resources of the Resources Agency of California.
SECTION 2. Designation of Environmental Quality Board.
The Director of Planning, Director of Public Works and the Dir-
ector of Building Safety are hereby designated the Environmental
Quality Board. The Director of Planning shall serve as the En-
vironmental Quality Board Secretary and 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. Designation of Alternates -- Environmental
Quality Board. The Director of Planning, the Director of Public
Works and the Director of Building and Safety may designate alter-
nates who may serve on the Environmental Quality Board designated
in Section 2 in place and instead of said Directors,
SECTION 4.. Environmental Quality Board--Rules and
Procedures. The Environmental Quality Board may adopt rules of
procedure not inconsistent with this resolution,
!• SECTION 5. Initial Determination, When the officer
or department responsible for carrying out or approving the
project determines that a project is not a ministerial project
as shown in Appendix A. or is not categorically exempt, an
Initial Study shall be conducted by the Director of Planning to
determine if the project may have a significant effect on the
environment. The findings of the Initial Study shall be forwarded
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to the Environmental Quality Board in accordance with Section 10.
No permits for any project, as project is defined in Section
15037 of the California Environmental Quality Act (CEQA) Guide-
lines, shall be issued until such project has been determined to
be ministerial, categorically exempt or not environmentally signi-
ficant, a Negative Declaration has been prepared or an EIR has
been declared to be complete, accurate and adequate in accordance
with this resolution, CEQA and the State Guidelines.
SECTION 6. Definitions. The terms used in this reso-
lution 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 promulgated 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
19El Segundo Municipal Code ",
SECTION 7, Env* onmenta'l Impact Report -- N'eg'ative
Declaration,
Environmental Impact Reports or Negative Declarations
shall be prepared for all projects, as project is defined in Sec-
tion 15037 of the California Environmental Quality Act (CEQA)
Guidelines,. unless they are categorically exempt pursuant to the
State Guidelines for Implementation of the California. Envirpn-
mental Quality Act of 1970 or ministerial as listed in Appendix A,,
SECTION 8,, Ministerial 'Pr'oj'ects and Ca:t)e5,Cirjca11
Exemptions. Ministerial projects f as listed in Appendix A, and
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 ministerial projects
and categorical exemptions of the City of El Segundo,
SECTION 9, Environmental IMF' ct "R'eport- Report--Negative
Declaration. Environmental Impact Reports or Negative Declarations
for projects requiring an Environmental Impact Report or Negative
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Declaration as provided in Section 4 shall also be prepared for
the following projects:
(1) Animal permits where a physical change in land
or structures is contemplated.
(2) Amendments to the zoning text of the "E1 Segundo
Municipal Code ".
(3) Amendments to the City zoning map,
(4) The adoption of a general plan or any element
thereof,
(5) Amendments to the general plan or any element
thereof.
(6) Conditional Use Permits.
(7) Variances.
(8) Precise Plans and amendments thereto,
(9). Unclassified Use Permits.
(10) Franchises.
(11) Oil Well, Permits
(12) Subdivisions,
(13) Any approval of a discretionary project which
has the potential to have a significant effect
on the environment,
SECTION 10, Draft Environmental ,Imp'act, Resort Negative
Declaration - -- Circulation, After the preparation of a Draft Environ
mental Impact Report or Negative Declaration, the Environmental
Quality Board shall circulate it to other interested public
agencies with a notification that their comments will be consi-
dered by the responsible agency for inclusion in the final Environ
mental Impact Report if such comments are received within the time
frame allowed by the-CEQA or State Guidelines.
SECTION 11. Enyironmei1ta1' 'Impact R2kp rt -- Negative
Declaration 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 certified and adopted,
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SECTION 12. Environmental Impact Report--Negative
Declaration -- Preparation. Upon receipt of an application for a
project, the Environmental Quality Board shall, following an
initial study of the proposed project, determine whether the
proposed project will have a significant effect on the environ-
ment, If the Environmental Quality Board determines that the
proposed project will not have a significant effect on the en-
• vironment, it shall prepare or cause to be prepared a Negative
Declaration. If the Environmental Quality Board determines that
the proposed project will have a significant effect on the en-
vironment, it shall prepare or cause to be prepared a Draft En-
vironmental Impact Report. The Environmental Quality Board may
at any time before completion of the Negative Declaration or the
Environmental Impact Report require the applicant to furnish ad-
ditional information useful in reaching the determination and
preparing the Negative Declaration or Draft Environmental Impact
Report required by the Environmental Quality Board.
SECTION 13. Environmental Impact Report - "Negative
Declaration--Required Information, The applicant shall present
the information necessary for the initial study to determine the
environmental effects of the project at or prior to the time of
filing the application unless the project has been determined to
be categorically exempt or ministerial as shown in Appendix A.
The applicant shall submit any other information determined by
the Environmental Quality Board to be necessary in the preparation
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of the Environmental Impact Report or Negative Declaration,
SECTION 14. Environmental Impact " Reportt -- Negative
Declacration-- Filing. All Environmental Impact Reports or Nega
tine Declarations shall be filed in the office of the Director
of Planning. The Director of Planning, in his capacity as Secre.
tary to the Environmental Quality Board, shall give notice as
required by lawn of consideration, completion or determination of
an Environmental Impact Report or Negative Declaration,
All Draft and Final Environmental Impact Reports and all
Negative Declarations shall be made available for public inspection,
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Concurrently with the circulation of a Draft En-
vironmental Impact Report or Negative Declaration to public
agencies, a copy shall be delivered to the City Librarian to
be available for public inspection in the public library while
the matter is being processed. One hundred twenty days after
any Environmental Impact Report or twenty -one days after a
Negative Declaration has been adopted, the City Librarian may
discard the copy of the Draft Environmental Impact Report or
Negative Declaration on file in the library.
SECTION 15. Environmental Impact Rep`o,rt- Negative
Declaration -- Deposit for'Preparation� ":Eva'luation.. A deposit,
the amount of which will be determined by the Secretary of the
Environmental Quality Board, shall be made at the time the ap-
plication for a project requiring an Environmental Impact Report
or Negative 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 Decla-
ration. The deposit shall not be less than $250.0`0. When the
City�s costs in the preparation or the evaluation of the En --
vironmental 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 appli-
cant. Any person dissatisfied with the determination of. the
Secretary of the Environmental Quality Board, as to the amount
of deposit required, may appeal such determination to the full
Environmental Quality Board,
SECTION 16. Environmental Review Charges. Charges to
cover the expense of compilation, analysis, and review of the
environmental factors required in the preparation and evalua
ti, on of the Environmental Impact Report or Negative Declaration
shall be paid by the applicant for a project requiring an En
vironmental Impact Report or Negative Declaration in accordance
with the estimate made by the Director of Planning.
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SECTION 17. Environmental Impact Report -- Negative
Declaration Hearing Required. A Draft Environmental Impact
Report or Negative Declaration when completed 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 Environ-
mental 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. Said public hearing may not be held
less than thirty days from the date of filing the Draft Environ-
mental Impact Report or Negative Declaration.
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 the Secretary of the Planning
Commission.
SECTION 18, Environmental Impact Report—Negative
Decla' ration'-- Aznerid /Mo,d fy-- Accepf /Re'j'ectL-- Ger'tify -- Planning
Commission Action Final. At any hearing on an Environmental
Impact Report or Negative Declaration where the action of the
Planning Commission in granting or refusing the permit will be
final, the Planning Commission shall accept, find inaccurate
or inadequate, amend or modify, the draft report and shall
thereafter certify a Final Environmental Impact Report or Nega-
tive Declaration. The Environmental Impact Report shall consist
of the Draft Environmental Impact Report, all written communica-
tions received concerning the Draft Environmental Impact Report,
and an extract of the minutes of the proceedings before the
Planning Commission concerning the project.
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SECTION 19. Environmental Impact Report -- Negative
Declaration --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,
or when the decision of the Planning Commission is appealed to
the City Council, the Planning Commission shall review, and
modify or amend if it deems such action desirable, and there-
after accept the Draft Environmental Impact Report or the Nega-
tive Declaration and forward the same to the officer or body
vested with authority to finally approve the project, with
its recommendations on the disposition to be made on the principal
application. 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 20. Environmental'IMpac't'Repor't Negative
Declaration -- Planning Commission Action Final Unless Appealed- -
Certificati -on of Environmental Impact "ciro t /Neggatiye Decl'ara-
tion, In those instances when the Planning Commission's
determination becomes final, unless it is appealed to the City
Council, the acceptance by the Planning Commission of the Draft
Environmental Impact Report or Negative Declaration shall be-
come 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
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Negative Declaration within fifteen days after expiration of
the appeal period.
SECTION 21. Resolution No. 2541 passed and adopted
the 21st day of May, 1974, is hereby rescinded.
SECTION 22. The City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same
in the book of original resolutions 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 21st day of
December , 1982.
ATTEST:
XZ� ��See'Zl �
City Clerk
(SEAL)
Mayor of the City of E1 Segundo,
California
APPENDIX A
MINISTERIAL PROJECT EXEMPTIONS
(1) Building permits for all structures that are not considered
building as identified in Section 20.08.075 of the El Segundo
Municipal Code such as walls and fences.
(2) Building permits for all:
A. Single family residences when not in conjunction with
5 or more residential units,
B. Multi - family residences with not more than 4 units per
building or when not in conjunction with two or more
buildings.
C. Commercial, institutional and industrial structures
which do not exceed:
• maximum occupant load of 100 persons; or
• floor area of 10,000 square feet; or
• parking requirement of 30 parking spaces.
(3) Business Licenses
(4) Certificate of Occupancy
(5) Construction ,Fencing
(6) Curb, Gutter or Sidewalk Construction or Reconstruction
(7) Driveway Construction or Reconstruction
(8) Encroachments (Code Regulated)
(9) Electrical Permits
(10) Equipment or Materials Street Use Permits
(11) Excavation, Shoring and Street Use Permits
(12) Final Tract Maps
(13) Fire Extinguisher Systems and Alarms
(14) Heating, Air Conditioning, Refrigeration
(15) Heavy Hauling
(16) House Moving
(17) Fire Hydrant Installations
(18) Individual Water Service Installation
(19) Newsrack Permits
(20) Plumbing Permits
(21) Sandblasting Permits
(22) Sign Permits
(23) Soil Borings
(24) Street Lights
(25) Underground Gas Tank Installation
(26) Utility Installation
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
SS
I, VALERIE A. BURROWES City Clerk of the
City of El 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. 3184
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 Decemke 19 82
and that the same was so passed and adopted by the following vote:
AYES: Councilmembers Armstrong, Johnson
S.ynadinos and Mayor Bue
NOES: Councilmehllbers None
ABSENT: Councilmember Siadek
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY this 4th day of .nary 19 83
( SEA L)
City Clerk of the City of El Segundo,
California
ROM
Deputy