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Resolution No. 1584RESOLUTION NO. 1584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING RESOLUTION NO. 1442 AND ADOPTING NEW OBJECTIVES, CRITERIA AND PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY RESOLVES AS FOLLOWS: Resolution No. 1442, entitled "Resolution of the City Council of the City of Cypress, California Repealing Resolution No. 1343 and Adopting New Objectives, Criteria and Procedures Implementing the California Environmental Quality Act." adopted by this Council on the 25th day of February, 1974, hereby is repealed in its entirety. The objectives, criteria and procedures to be used by this City in implementing the California Environmental Quality Act shall be as follows: ARTICLE I - GENERAL Section 1. Purposes. This Resolution implements the purposes and pro- visions of the California Environmental Quality Act of 1970 as amended by Chapter 1154 of the Statutes of 1972 (hereinafter referred to as "CEQA ") and the Guidelines for Implementation of the CEQA of 1970 which have been adopted by the California Resources Agency (hereinafter referred to as "Guidelines "). The enhancement and long -term protection of the environment and the encouragement of public participation in achieving these goals are objectives of this measure. Section 2. Objectives. From time to time and under circumstances as outlined by this Resolution, a document known as an environmental impact report (hereinafter referred to as an EIR) must be prepared as a prerequisite to approval of a project. The functions of an EIR are to inform appropriate officials of this City as well as the general public, of the environmental effects of proposed projects, of methods of reducing adverse impacts, and of alternatives to projects. The environmental effects set forth in the report are to be evaluated by said City officials before a project is approved. Said officials retain existing authority to balance environmental objectives with economic, social, and other relevant objectives of the proposed project; however, major consideration will be given to preventing environmental damage. ARTICLE II - APPLICABILITY Section 3. Scope of Applicability. This Resolution applies to all projects which may have a significant effect on the environment involving discretionary decision - making on the part of any City official, and which do not fall within any class of categorical exemptions set forth in Article 8 of the Guidelines and in Article VII hereof, are not emergency projects within the meaning of Article IV hereof; and which do not constitute feasibility or planning projects as described in Article V hereof. Section 4. Ministerial Projects. A. This Resolution does not apply to ministerial projects approved by the City. Generally speaking, a ministerial project is one requiring approval by a City official or agency as a matter of law or one involving minimal independent exercise of judgment by such official or agency as to its wisdom or propriety. 1 B. The following actions hereby are found and determined to be ministerial in nature: (1) Issuance of Building, Construction and Related Permits; (2) Issuance of Business Licenses; (3) Approval of Final Subdivision Maps; 2 (4) Issuance of Grading Permits; (5) Approval of individual Utility Service Connections and Disconnections; and (6) Excavation Permits. The determination as to whether or not a proposed project, other than those listed hereinabove, is ministerial in nature, and thus outside the scope of this enactment, shall be made by the City on a case by case basis. ARTICLE III - DEFINITIONS Whenever the following terms are used in this Resolution, they shall have the following meaning unless otherwise expressly defined: Section 5. Approval means a decision by the City, acting through its various officials and departments, which commits it to a definite course of action with regard to a particular project. As respects any project to be undertaken directly by the City, approval shall be deemed to occur on the date the council adopts a resolution making the determi- nation to proceed with a project. As respects private projects defined in Section 23 A (2) and (3), approval shall be deemed to occur upon the earliest commitment to issue or the issuance by the City of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. For purposes of this Resolution, all environmental assessments must be completed as of the time of project approval. Section 6. Categorical Exemption means an exemption from the requirement of preparing a negative declaration or an EIR even though the proposed project is discretionary in nature, as more particularly described in Article VII infra. (CEQA; California Environmental Quality Act. California Environmental Quality Act (CEQA) means California Public Resources Code §§ 21000 et seq.) Section 7. City means the City of Cypress, acting by and through its various officers, departments and commissions. Section 8. Council means the City Council of the City of Cypress. Section 9. Discretionary Project means a project approval of which requires the exercise of independent judgment, deliberation or decision - making on the part of a City official or agency. Section 10. Emergency means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. Section 11. Environment means the physical conditions which exist in the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. Section 11.5 Environmental Documents means draft and final EIR's, initial studies, negative declarations, notices of completion, and notices of determination. Section 12. EIR means a detailed statement setting forth the matters specified in Section 21100 of the Public Resources Code as more particularly described hereinafter in Section 30 and may mean either a draft or a final EIR. -2 - Section 13. EIS - Environmental Impact Statement means an environmental impact document prepared pursuant to the National Environmental Policy Act. (NEPA). Section 14. Feasible means capable of being accomplished in a successful manner by reasonably available, economic, and workable means. Section 15. Guidelines means the Guidelines for Implementation of the the CEQA of 1970 adopted by the California Resources Agency as they now exist or hereafter may be amended. Section 15.5 Initial Study means a preliminary analysis prepared by the lead agency to determine whether an EIR or a negative declaration must be prepared for a project. Section 16. Jurisdiction by Law. (a) Jurisdiction by law means the authority of a public agency (1) to grant a permit for or provide funding for the project in question, or (2) to exercise authority over resources which may be affected by the project. (b) A city or county will have jurisdiction by law with respect to a project when the city or county is the site of the project, the area in which the major environmental effects will occur, and /or the area in which reside those citizens most directly concerned by any such environmental effects. Section 17. Lead Agency means the public agency which has the principal responsibility for preparing environmental documents and carrying out or approving a project which may have a significant effect on the environment where more than one public agency is involved with the same underlying activity. Section 18. Negative Declaration means a statement by the lead agency determining that a project, although not otherwise exempt, will not have a significant effect on the environment and presenting the reasons for this determination. Section 19. Notice of Completion means a brief notice filed with the Secretary for Resources by a City as soon as it has completed a draft EIR and is prepared to send out copies for review. Section 20. Notice of Determination means a brief notice to be filed by the City after it approves or determines to carry out a project which is subject to the requirements of CEQA. Section 21. Notice of Exemption means a brief notice which may be filed by a public agency when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an emergency project. Section 22. Person includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county city, town, the State, and any of the agencies' political subdivisions. Section 23. Project. A. Project means the whole of an action, which has a potential for physical impact on the environment, directly or ultimately, that is any of the following: (1) an activity directly undertaken by the City; (2) an activity undertaken by a person which is supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from the City; 4 (3) an activity involving the issuance by the City to a person of a lease, permit, license, certificate, or other entitlement for use; and (4) an activity involving the enactment and amendment of zoning ordinances. B. Project does not include: (1) anything specifically exempted by state law; (2) proposals for legislation to be enacted by the State Legis- lature other than requests by state agencies for authorization or funding for projects independently from the Budget Act; (3) continuing administrative or maintenance activities, such as purchases for supplies, personnel - related actions, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies; and, (4) the submittal of proposals to a vote of the people of the state or of a particular community, i.e., the City. C. The term "project" refers to the underlying activity and not to the governmental approval process. Section 24. Responsible Official means that member of the City staff who is charged with the principle responsibility for assembling environ- mental data with respect to projects under this Resolution. Except as specifically provided otherwise, said official shall be the Director of Planning. Section 25. Significant Effect means a substantial adverse impact on the environment. ARTICLE IV - EMERGENCY PROJECTS Section 26. The following emergency projects do not require the preparation of a negative declaration or an EIR and thus, are outside the scope of this Resolution: A. Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. B. Emergency repairs to any of the City's facilities necessary to maintain service. C. Projects undertaken as immediate action necessary to prevent or mitigate an emergency. ARTICLE V - FEASIBILITY AND PLANNING STUDIES Section 27. Feasibility and planning studies of potential projects under- taken by the City are specifically excepted from the requirements of CEQA and thus are outside the scope of this Resolution, although such studies may contain consideration of environmental factors incident to the potential project. 4 ARTICLE VI EVALUATING PROJECTS Section 28. Initial Review for CEQA Exemptions. A. Preliminary Review. At the outset a proposed activity shall be examined by the Responsible Official for the purpose of determining whether it is (1) an activity which is not a project as defined in Section 21, supra; (2) a ministerial project; (3) an emergency project as described in Article IV, supra; (4) a feasibility and planning study as described in Article V, supra; (5) a categorically exempt activity as described in Article VII, infra; or (6) an activity the environmental consequences of which have been adequately described in a prior EIR. B. Submission of Environmental Evaluation (Short Form). If the Responsible Official requires additional information in order to make the determination called for in paragraph A hereof, it shall direct the applicant to prepare an Environmental Evaluation (Short Form), a copy of which is attached hereto as Exhibit "A ". C. Finding of No Exemption. If in the judgment of the Responsible Official the proposed activity does not fall within one of the foregoing categories, he shall proceed with the project evaluation process as outlined in Section 27. Any person proposing to undertake a project as defined in Section 21A(2) or A(3) (i.e., a private project) may present his objection to the Official's determination to the Council at its next regular meeting. At that meeting, the Council shall either affirm said determination (in which case the project evaluation process shall be commenced) or find that the proposed activity does fall within one of the foregoing categories (in which case no further environmental assessment thereof shall be necessary). The decision of the Council shall be final. D. Finding of Exemption. If in the judgment of the Responsible Official, a proposed activity does fall within one of the categories enumerated in Subparagraph A, he shall so find on a form entitled Statement of Non - Applicability (a copy of which is attached hereto as Exhibit "B "). No further environmental assessment shall be necessary, and the proposed activity may be carried out in the manner routinely exercised by the City. E. Retention of Preliminary Environmental Assessment; Availability for Inspection. The Statement of Non - Applicability shall be re- tained by the Official as part of the usual record - keeping process, and it shall be made available for public inspection during all regular City office hours. Section 29. Lead Agency A. Determination of Lead Agency; Factors to be Considered. Upon a determination that a proposed activity is discretionary in nature and is not otherwise exempt, consideration shall be given by the Responsible Official to whether another public agency is primarily responsible for carrying out or approving it. The Official shall consider, among others, the following factors in making the determination as to which is the lead agency: (1) The lead agency shall be the public agency which proposes to carry out the project; (2) If the project is to be carried out by a non - governmental person, the lead agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. The lead agency will generally be the agency with general governmental powers rather than an agency with a single or a limited purpose which is involved by reason of the need to provide a public service or public utility to the project; -- 5 6 (3) Where more than one public agency equally meet the criteria set forth in subparagraph (2) above, the agency which is the first to act on the project in question shall be the lead agency. B. Finding that City is Lead Agency. If the Official determines that the project does not involve another public agency which is the lead agency, he shall proceed with the project evaluation process as outlined in Section 28. C. Finding that Another Public Agency is Lead Agency. If the official determines that the project does involve another public agency which is the lead agency, he shall so find and designate the lead agency on the aforementioned Statement of Non - Applicability. Unless otherwise required by the Council, no further environmental assessment shall be necessary. Whenever a determination is made that another public agency constitutes the lead agency, the City shall, upon the request thereof, provide data concerning all aspects of the City's activities relative to the subject project. Section 30. Initial Study Procedures. A. Undertaking of Initial Study; Submission of Environmental Evaluation (Short Form). Upon a determination that a project is discretionary and is not otherwise exempt, and that the City is the lead agency, an Initial Study shall be undertaken for the purpose of ascertaining whether the proposed project may have a significant effect on the environment, that is, a substantial adverse effect on the environment. This Initial Study shall be reflected in the submission to the Responsible Official of an Environmental Evaluation (Short Form), a copy of which is attached hereto as Exhibit "A ". (1) As to projects defined in Article III, Section 23 A (1) of this Resolution, the Environmental Evaluation shall be submitted by the Responsible Official or by private experts pursuant to contract with the City. (2) As to projects defined in Article III, Section 23 A (2) and 21 A (3), the person or entity proposing to carry out the project shall submit the Environmental Evaluation and any additional data and information as may be required by the Responsible Official to determine whether the pro- posed project may have a significant effect on the environ- ment. Such data and information shall consider all factors enumerated in Subparagraph B, infra. All costs incurred by City in reviewing the data and information submitted by said person or entity, or in conducting its own investi- gation based upon such data and information for the pur- pose of determining whether the proposed project might have a significant effect on the environment, shall be borne by the person or entity proposing to carry out the project. B. Evaluating Environmental Significance. In determining whether a project may have a significant effect on the environment, the Responsible Official shall consider both primary and secondary consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resources base, including land, air, water and energy use of the area in question may result from the population growth). Some examples of consequences which may have a significant effect on the environment in most cases include a change which: (1) is in conflict with environmental plans and goals that have been adopted by the community where the project is to be located; (2) has a substantial and demonstrable negative aesthetic effect; (3) substantially affects a rare or endangered species of animal or plant, or habitat of such a species; (4) causes substantial interference with the movement of any resident or migratory fish or wildlife species; (5) breaches any published national, state, or local standards relating to solid waste or litter control; (6) results in a substantial detrimental effect on air or water quality, or on ambient noise levels for adjoining areas; (7) involves the possibility of contaminating a public water supply system or adversely affecting ground water; (8) could cause substantial flooding, erosion or siltation; or, (9) could expose people or structures to major geologic hazards. C. Mandatory Findings of Significance. 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. (1) Impacts which have the potential to degrade the quality of the environment or curtail the range of the environment. (2) Impacts which achieve short -term, to the disadvantage of of long -term, environmental goals. A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future. (3) Impacts for a project which 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 signi- ficance does not apply to two or more separate projects where the impact of each is insignificant. (4) The environmental effects of a project will cause sub- stantial adverse effects on human beings, either directly or indirectly. D. Probable Finding That Project Will Not Have Significant Effect. If, after a reviewing of the Environmental Evaluation (Short Form) and all other relevant data, and the completion of the Initial Study, the Responsible Official believes that the project will not have a significant effect on the environment, he shall prepare notice of intention to file a Negative Declaration. This notice shall state that a Negative Declaration with respect to the subject project will be filed with the County Clerk on a specified date which shall be no sooner than ten (10) days following the date of the notice. Copies of the notice (together with copies of the Environmental Evaluation and the proposed Negative Declaration) shall be posted in three public places in the City and shall be mailed to the applicant and to other public agencies having jurisdiction by law with respect to the project. The Responsible Official may also supply copies thereof S to such other persons and agencies as he deems appropriate. The notice shall instruct any person who believes that a Negative Declaration should not be filed with respect to the subject project to so notify the Responsible Official and to specify in writing his reasons for believing that the project may have a significant effect on the environment. All such comments must be received by the Responsible Official on or before the date on which the Negative Declaration is to be filed. Section 31. Negative Declarations. If, after examining all comments received in response to the notice of intention to file a Negative Declaration, the Responsible Official finds that the project will not have a significant effect on the environment, he shall complete and file a Negative Declaration in accordance with the following procedures: A. Contents. A Negative Declaration must include: (1) a brief description of the project as proposed; (2) a finding that the project will not have a significant effect on the environment; (3) a brief statement of the reasons which support said finding; and, (4) a statement indicating who prepared the Environmental Evaluation and where a copy thereof may be obtained. B. Filing. Upon completion of a Negative Declaration, it shall be filed with the County Clerk. C. Posting Notice of Negative Declaration. Simultaneously with the filing of a Negative Declaration with the County Clerk, the Responsible Official shall cause to be posted at three public places in the City copies of the Negative Declaration. D. Appeal. Any interested person may appeal the decision of the Responsible Official to file a Negative Declaration by filing notice of such appeal with the Council within five days after the filing of the Negative Declaration. The Council shall hear and consider the matter and its decision with respect thereto shall be final. E. Approval or Disapproval of Project. At any time after the fifth day following the filing of a Negative Declaration or, in the event the same shall have been appealed, then any time after a Council decision sustaining the filing of a Negative Declaration, the project may be approved or disapproved in accordance with the usual City procedures. F. Notice of Determination. Following approval or disapproval of the project, the City shall cause to be prepared a Notice of Determination, on a form attached hereto as Exhibit "C ", which shall contain the following: (1) the decision of the City to approve or disapprove the project; (2) the determination of the City as to whether the project will or will not have a significant effect on the environment; and (3) a statement of whether an EIR has been prepared. 8 Said Notice, together with a copy of the Negative Declaration which shall be attached thereto, then shall be filed with the County Clerk of the county or counties in which the project is located. If the project requires discretionary approvals from a state agency, the Notice of Determination also shall be filed with the Secretary of Resources. G. Posting Notice of Determination. Simultaneously with the filing of the Notice of Determination the City shall cause to be posted at three public places in the City a Notice of Determination. H. Costs. As to projects covered by Article III, Section 23 A (2) and (3), the person or entity proposing to carry out the project requiring approval by the City shall bear all costs incurred by the City in preparing and filing the Negative Declaration. Section 32. Environmental Impact Reports. Following the initial study described in Section 30, an EIR shall be prepared for any discre- tionary project, not otherwise exempt, unless a Negative Declaration has been filed with respect thereto. The required contents of an EIR and the procedures to be followed in connection with the preparation thereof are as follows: A. Description of Project. The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environ- mental impact. (1) 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. (2) A statement of the objectives sought by the proposed project. (3) A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals and supporting public service facilities. B. 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. C. 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. If they are not discussed separately, the EIR shall include a table showing where each of the subjects is discussed. (1) The Environmental Impact of the Proposed Action: Describe the direct and indirect impacts of the project on the environ- ment, 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 changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resources base such as water, scenic quality and public services. 10 (2) 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 aethestically valuable surroundings, or on human health. (3) Mitigation Measures Proposed to Minimize the Impact: Describe avoidable adverse impacts, including inefficient and unnecessary consumption of energy, and the measures proposed to minimize these impacts. This discussion shall include an identification of the acceptable levels to which such impacts will be reduced, and the basis upon upon which such levels were identified. Where alternative measures are available to mitigate an impact, each should be discussed and the basis for selecting one alternative should be identified. Energy conservation measures, as well as other appropriate mitigation measures, shall be discussed. Examples of energy conservation measures include but are not limited to: (a) Insulation and other protection from heat loss or heat gain to conserve fuel used to heat or cool buildings and mobile homes. (b) Use of resource conserving forms of energy such as solar energy for water and space heating, wind for operating pumps, and falling water for generating electricity. (c) Energy efficient building design including such features as orientation of structures to summer and winter sunlight to absorb winter solar heat and re- flect or avoid summer solar heat. (d) Measures to reduce energy consumption in transportation such as: (i) Providing access to alternative means of transport- ation for people such as bus lines, mass transit, bicycle lanes, and pedestrian facilities. (ii) Use of small cars rather than large cars where possible. (iii) Use of alternative means of shipping which allow for energy savings. (e) Efficient lighting practices including use of indirect natural light, use of efficient lighting fixtures, establishment of reasonable lighting criteria to prevent over illumination, and minimum use of architectural or display lighting. (f) Energy conserving construction practices. (g) Use of energy conservation devices such as flywheels. (h) Rate structures which discourage unnecessary energy consumption. (i) Use of animal power where such use is feasible. (j) Waste heat - recovery. (k) Recycling and use of recycled materials. - 10 - (4) Alternatives to the Proposed Action: Describe reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Describe alternatives capable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives, and are more costly. (5) The Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhancement of Long - Term Productivity: 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 addition, 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. (6) Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should it be Implemented: Uses of non - renewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or non -use thereafter unlikely. Primary impacts and, parti- cularly, secondary impacts generally commit future genera- tions 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 consumption is justified. (7) The Growth - Inducing Impact of the Proposed Action: Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population 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 growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. (8) Water Quality Aspects: Describe in the environmental setting section, and other sections where applicable, water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards. D. Preparation of Draft EIR; by Whom: (1) As to the projects defined in Article III, Section 23 A (1) of this Resolution, the draft EIR shall be undertaken by the Responsible Official or by private experts pursuant to contract with the City. 12 (2) As to projects defined in Article III, Section 23 A (2) and (3) the person or entity proposing to carry out the project shall submit a draft EIR, containing the information required by subparagraph A above, for review and consideration by the Responsible Official. The Responsible Official shall independently analyze the draft EIR submitted pursuant to this sub - section to verify its accuracy and objectivity prior to certi- fying its completion. The Responsible Official may, if he deems it appropriate, arrange to have this analysis performed by a private expert in the field; in that event, the fee charged by such expert shall be borne by the person or agency proposing to carry out the project. Said person or agency shall supply such additional data as the Responsible Official may deem necessary for the completion of the draft EIR. (3) Before determining the draft EIR to be complete, and as early as possible in the preparation of the draft, the Responsible Official, or other person preparing the draft, shall consult with all the other public agencies involved in carrying out or approving the project. This early consultation is designed to insure that the draft EIR will reflect the concerns of all responsible agencies which will issue approvals for the project. Similarly, the Responsible Official, or other person preparing the draft EIR, should consult directly with any person or organization believed to be concerned with the environmental effects of the project. (4) The identity of the person(s), firm or agency preparing the EIR, by contract or other authorization, must be in- cluded therein as well as the identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR. (5) The applicant shall specify, to the best of his knowledge, in the draft EIR, or in a separate document, the other public agencies which will have approval authority over the project. (6) With respect to water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards, the draft EIR should include a reference to such certification. (7) The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR. (8) At least fifteen copies of the EIR shall be submitted to the Responsible Official. E. Completion of Draft EIR. When the Responsible Official is satisfied that the draft EIR is complete, he may either present the same to the official, department or agency which will approve or disapprove the project for a determination thereby as to the EIR's completeness,or he may make this determination himself. After the draft EIR has been determined to be complete, the Responsible Official shall file a Notice of Completion with the Secretary of the Resources Agency on a form attached hereto as Exhibit "D ". Said Notice shall contain the following: - 12 - (1) a brief description of the proposed project; (2) the location of the proposed project; (3) information indicating where copies of the draft EIR are available for review; (4) the period during which comments will be received; (5) filing shall be deemed complete when the Notice of Completion has been deposited in the United States mail addressed to the Secretary of Resources, or when delivered in person to the Office of the Secretary; and (6) where the EIR will be reviewed through the state review process handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the Notice of Completion and no Notice of Completion need be sent to the Resources Agency. F. Posting of Notice of Completion. Simultaneously with the filing of a Notice of Completion, the City shall cause copies of said Notice to be posted at three public places in the City. G. Review of Draft EIR by Other Public Agencies and Persons With Special Expertise. (1) General. (a) After filing and posting a Notice of Completion, the Responsible Official shall submit copies of the draft EIR for review and comment to public agencies having jurisdiction by law over the proposed project. The identity of those public agencies having juris- diction by law over the project shall be determined on a case -by -case basis. The City should compile listings of other agencies, particularly local agencies, which have jurisdiction by law and /or special expertise with respect to various projects and project locations. Such listings should be a guide in determining which agencies should be considered with regard to a particular project. EIR's to be reviewed by state agencies shall be submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. (b) The Responsible Official may send copies of the draft EIR to public agencies or persons with special expertise whose comments relative to the draft EIR would be desirable. (c) Each public agency and /or person to whom a draft EIR is sent under (a) or (b) above shall be advised in writing that they may submit written comments to the City within thirty days or such longer period of time as may be specified by the Responsible Official; provided, however, that review periods for state agencies shall be at least as long as the period provided in the state review system operated by the State Clearinghouse. (d) To make copies of EIR's available to the public, Lead Agencies should furnish copies of draft EIR's to appropriate public library systems. (e) Public hearings may be conducted on the environmental documents, either in separate proceedings or in con- junction with other proceedings in the public agency. - 13 - 13 14 (2) Failure to Comment. In the event a public agency or person whose comments on a draft EIR are solicited pursuant to Subsection 1, above, fails to comment within the time period established, it shall be assumed, absent a written request for a specific extension of time for review and comment, together with the reasons therefor, that such agency or person has no comment to make. Any extension of time granted by the Responsible Official shall be reasonable under the circumstances, but ordinarily shall not cover a period greater than the time period initially established for review and comment. (3) Continued Planning Activities. Continued planning activi- ties concerning the proposed project, short of formal approval thereof, may continue during the period set aside for review and comment on the draft EIR. H. Availability of the Draft EIR for Review. Following the filing of the Notice of Completion as required by Subparagraph E above, copies of the draft EIR shall be made available at the City Clerk's office for review or acquisition by members of the general public. Any person requesting a copy of the draft EIR from the City shall be charged the actual cost of reproducing it. I. Final EIR. (1) Preparation. Following the receipt of comments on the draft EIR by other public agencies and persons with special expertise as required by Subparagraph G above, comments that have been received shall be evaluated and then a final EIR shall be prepared. (2) Contents. The final EIR shall consist of: (a) The draft EIR or a revision of the draft. (b) Comments and recommendations received on the draft EIR either verbatim or in summary. (c) A list of persons, organizations and public agencies commenting on the draft EIR. (d) The responses of the Lead Agency to significant environ- mental points raised in the review and consultation process. The response of the Responsible Official to comments received may take the form of a revision of the draft EIR or may be an attach- ment to the draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major issues raised when the Responsible Official's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of over- riding importance warranting an over -ride of the suggestions. (3) By Whom Prepared. Ordinarily the final EIR should be prepared by the Responsible Official. However, where appropriate, the Responsible Official may arrange to have the final EIR prepared by a private expert in the field. In that event the fee charged by such expert shall be borne by the person or agency proposing to carry out the project. - 14 - 15 J. Public Hearings. With respect to any project concerning which a public hearing must be held prior to the approval or disapproval thereof, if an EIR has been submitted with respect thereto then a public hearing shall also be held on the EIR. The hearing on the EIR may be held concurrently with the hearing on the project. The requirements of notice and the procedural rules governing hearings on projects shall also govern hearings on EIR's. With respect to all other projects, no public hearing shall be required on the EIR's submitted in connection therewith. However, if the Responsible Official determines that a public hearing on such an EIR would be desirable, in light of the purposes and provisions of this Resolution, he may require that the same be held. K. Certification of Final EIR; Decision on Project. Following the preparation of the final EIR, it shall be presented to the City Official or body charged with the responsiblity of approving or disapproving the project. (If additional comments with respect to the EIR are made at a public hearing on the EIR, those comments and the responses thereto should be included in the official minutes of the hearing; and a copy of those minutes should be attached to and made a part of the final EIR.) If said official or body finds the EIR insufficient, either the EIR should be modified by said official or body or the specific areas in which more information is required should be noted, and the EIR referred back to the Responsible Official for the necessary modifications. If said official or body finds the final EIR to be in order, it shall certify that the final EIR has been completed in compliance with CEQA, the Guidelines, and this Resolution and that it has reviewed and considered the information contained in the final EIR. The proposed project may then be approved or disapproved. L. Notice of Determination. Following approval or disapproval of the project, the City shall cause to be prepared a Notice of Determination on a form attached hereto as Exhibit "C" which shall contain the following: (1) The decision of the City to approve or disapprove the project; (2) The determination of the City as to whether the project will or will not have a significant effect on the environ- ment; and (3) A statement of whether an EIR has been prepared. Said Notice shall then be filed with the County Clerk of the county or counties in which the project is located. If the appropriate City Official or body decides to approve a project for which serious adverse environmental conse- quences have been identified in an EIR, said official or body may, but is not required to, make a statement identify- ing the other interests and considerations which, in its determination, warrant approval of the project. Such a statement, if made, should be included in the record of the project approval and may be attached to the Notice of Determination. If the project requires discretionary approval from a state agency, the Notice shall be filed with the Secretary for Resources. M. Costs. As to projects covered by Section 23 A (2) and (3), the person or entity proposing to carry out the project requiring approval by the City shall bear all costs incurred by the City in preparing and filing the EIR, as well as all publication costs incident thereto. - 15 - 145 ARTICLE VII - CATEGORICAL EXEMPTIONS Section 33. Exemptions. The following classes of projects, in accordance with and pursuant to Article 8 of the Guidelines, have been determined not to have a significant effect on the environment, and therefore are declared to be categorically exempt from the requirement of preparing a negative declaration or an EIR. The categorical exemptions listed herein are not intended to be, and are not to be construed to be, a limitation on the categorical exemptions set forth in Article 8 of the State Guidelines. Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (1) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances; (2) Existing facilities of both investor, and publicly owned utilities used to convey or distribute electric power, natural gas, sewage, etc.; (3) Existing highways and streets (within already estab- lished rights -of -way) sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; (4) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equip- ment 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; (5) 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; (6) 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; (7) New copy on existing on and off - premise signs; (8) 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); (9) 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. (10) Fish stocking by the California Department of Fish and Game. (11) Division of existing multiple family rental units into condominiums. - 16 - (12) Demolition and removal of buildings and related structures except where they are of historical, archaeological or architectural consequence as officially designated by Federal, State, or local government action. Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure or facility will be located on the same site and will have substantially the same purpose and capacity as the structure or facility replaced or reconstruced, including but not limited to: (1) Replacement or reconstruction of existing structures to provide earthquake resistant structures which do not increase capacity by more than 50 %. Class 3: New Construction of Small Structures. Class 3 consists of construction of new small facilities or structures and installation of new small equipment or facilities, including, but not limited to: (1) Single family residences not in conjunction with the building of two or more such units. (2) 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. (3) 17 Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in con- junction with the building of two or more such structures. (4) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction; (5) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences; (6) Traffic control devices in public rights -of -way. Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and /or vegetation, which do not involve removal of mature scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (1) Grading on land with a slope of less than 10 percent, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State or local Governmental action) scenic area, or in officially mapped areas of severe geologic hazard; (2) New gardening or landscaping, but not including tree removal; (3) Filling of earth into previously excavated land with material compatible with the natural features of the site; (4) Minor alterations in land, water and vegetation on 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; (5) Minor temporary uses of land having negligible or no permanent effects on the environment; and (6) Minor trenching and backfilling where the surface is restored. 17 - Class 5: Alterations in Land Use Limitations. Class 5 consists cf minor alterations in land use limitations, except zoning, which Jo not result in the creation of any new parcels, nor in any change irx permitted land use nor in any increase in permitted density of development. lass 6: Information Collection. Class 6 consists of basic i tJ collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. Glass 7: Inspections. Class 7 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety or a project, including related activities. Class 8: Accessory Structures. Class 8 consists of construction or placement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including but not limited to, on premise signs and small parking lots. Class 9: Surplus Government Property Sales. Class 9 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of c ri t.ical concern as identified in the Governor's Environmental Goals and Policy Report of June 1, 1973. Class 10: Actions Taken by Regulatory Agencies for the Protection of Natural Resources. Class 10 consists of actions taken by regulator, agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where t: he regulatory process involves procedures for protection of the onvironment. Examples include but are not limited to wildlife sErvation activities of the State Department of Fish and th.w., Construction activities are not included in this exemption. Class 11: Actions Taken by Regulatory Agencies for the Protection t;t the Environment. Class 11 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environ- ment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in t a e. enlp ti.on . ia.ass 12: Acquisition of Lands for Wildlife Conservation a °;,., irc;ses. Class 12 consists of the acquisition of land for fish and wildlife conservation purposes; including preservation of fish and wildlife habitat, establishing ecological reserves under: Haft and Game Code Section 1560, and preserving access to public i ids j. d waters where the purpose of the acquisition is to preserve: i f,e , nd. in its natural condition. Class 13: Minor Additions to Schools. Class 13 consists of mirrot additions to existing schools within existing school grounds where the addition does not increase original student capacity by ritorE_ than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. :lass 14: Functional Equivalent of an EIR. Class 14 consists ot: regulatory programs of the City whose purpose includes environ- m J1 drotection and whose process involves the functional equiva- lent . -4 an EIR. To qualify for an exemption under this section, the tripe agency must have its process certified as a functional - 18 - 19 equivalent by the Secretary for Resources. The Secretary for Resources may withdraw the certification after notice and hearing pursuant to Government Code Title 2, Division 3, Chapter 4.5. Section 34. New Exemptions. The Council may, from time to time, upon the recommendation of the Responsible Official, identify additional types of projects which have been determined not to have a signifi- cant effect on the environment and which are exempt from the re- quirements of this resolution. ARTICLE VIII - SUBSEQUENT EIR`S Section 35. Where an EIR has been prepared, no additional EIR need be prepared unless: A. Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environ- mental impacts not considered in a previous EIR on the project; or, B. There are substantial changes with respect to the circumstances under which the project is to be undertaken, such as a change in the proposed location of the project, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in a previous EIR. ARTICLE IX USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT Section 36. A. Two Projects Undertaken at the Same Time. A single EIR may be utilized to describe more than one project when the projects are essentially the same in terms of environmental impacts. Any environmental impacts peculiar to any one of the projects must be separately set forth and explained. B. Later Projects. An EIR on an earlier project may be utilized to apply to a later project if the environmental impacts of the projects are essentially the same. If there are environmental impacts applicable to the later project which were not associated with the earlier project, the earlier EIR must be amended to separately set forth and explain said impacts. In this respect it is recognized that the considerations facing the decision - making officials and bodies of this City will vary depending on the precise approval being requested. It will therefore frequently be appropriate to prepare a basic EIR for the proposed activity and to supplement the same with appropriate amendments at the various stages of approval. ARTICLE X - PARTIAL INVALIDITY Section 37. In the event any part or provision of this Resolution shall be determined to be invalid, the remaining portions of the Resolution which can be separated from the invalid unenforceable provisions, shall nevertheless continue in full force and effect. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of April, 1975. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CI OF CYPRESS - 19 - 20 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 14th day of April, 1975; by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Lacayo and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Sonju CITY CLERK OF THE CITY OF CYPRESS Name of Project Proposer: Address: INITIAL STUDY Nature and Description of Project: Address of Project: (If Legal Description, Please Attach Separately) Action by the City necessary for Project Implementation: Is the Project of such significance that it will have a non - trivial effect on the environment of the City? Project Proposer: City Yes Yes No No If the answer is yes, a full environmental impact statement evaluation should be completed. What is the environmental impact of the proposed project or action? Are there any adverse environmental effects which cannot be avoided if the proposal is implemented? If yes, what are they? What mitigation measures are proposed to minimize the impact? What are the alternatives to the proposed action or project? (That is, other than not doing it at all ?) What is the relationship between local short -term uses of man's environment and the maintenance and enhancement of long -term productivity? (Will the pro- posed short -term use deter from the maintenance and enhancement of long -term environmental goals ?) EXHIBIT "A" 21 22 Are there any irreversible environmental changes which would be involved in the proposed action or project should it be implemented? How will the proposed project foster economic or population growth, either directly or indirectly, in the community? For City Use Only: RECOMMENDED ACTION: RECORDED AND FILED: Month Day Year Ey: '' (City) (Address) STATEMENT OF NON- APPLICABILITY Name of Project: Location: Entity or Person Undertaking Project: 1) Name 23 2) Address Staff Determination The undersigned, having undertaken and completed a preliminary review of this project in accordance with Resolution No. 1584 has concluded that this project does not require further environmental assessment by this City because: ( ) 1. The proposed action does not constitute a project within the meaning of Section 23. ( ) 2. The project is a Ministerial, Project.under Section 4. ( ) 3. The project is an Emergency Project under Section 26. ( ) 4. The project constitutes a feasibility or planning study under Section 27. ( ) 5. The project is Categorically Exempt under Section 33. Applicable Exemption Class ( ) 6. The environmental consequences of the project have been previously identified in an EIR which was certified as complete by the City. ( ) 7. The project involves another public agency which constitutes the lead agency. DATE: Name of Lead Agency EXHIBIT "B" (TITLE) 24 (City) NOTICE OF DETERMINATION- Description of Project: Name of Applicant: This Project was (approved, disapproved) by was determined by the (issuing body or person) on . It (date) (issuing body or person) that the project (will, will not) have a significant effect on the environ- ment. An Environmental Impact Report (was, was not) prepared for this project pursuant to the provisions of the California Environmental Quality Act of 1970. Signature Title Date EXHIBIT "C" 25 (DISTRICT) (ADDRESS) NOTICE OF COMPLETION Responsible Agency Division Name of Project Location Contact Person Area Code Phone Extension PROJECT DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES Project Location - City Time Period for Review Address where copy of draft EIR is available DATE RESPONSIBLE OFFICIAL EXHIBIT "D"