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Resolution No. 1442L RESOLUTION NO. 1442 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. THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA HEREBY RESOLVES AS FOLLOWS: Resolution No. 1343, entitled "Resolution of the City Council of the City of Cypress Adopting Objectives, Criteria and Procedures Implementing the California Environmental Quality Act", adopted by this Council on the 26th day of March, 1973, hereby is repealed in its entirety.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 provi- sions 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 (herein- after referred to as "Guidelines"). The enhancement and long-term protection of the environment and the encouragement of public parti- cipation in achieving these goals are objectives of this measure. Section 2. Objectives. From time to time and under circumstances as out- lined by this Resolution, a document known as an environmental impact report (hereinafter referred to as an EIR) must be prepared as a pre- requisite to approval of a project. The functions of an EIR are to inform appropriate officials of this City as well as the general pub- lic, 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 pro- ject; however, major consideration will be given to preventing environ- mental 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 discre- tionary 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 re- quiring approval by a City official or agency as a matter of law or one involving minimal independent exercise of judgement by such official or agency as to its wisdom or propriety. (3) an activity involving the issuance by the City to a person of a lease, permit, license, certificate, or other entitlement for use. B. Project does not include: (1) anything specifically exempted by state law; (2) proposals for legislation to be enacted by the State Legislature; (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 22. Responsible Official means that member of the City staff who is charged with the principle responsibility for assembling environmental data with respect to projects under this Resolution. Except as specifically provided otherwise, said official shall be the Director of Planning. Section 23. Significant Effect means a substantial adverse impact on the environment. ARTICLE IV - EMERGENCY PROJECTS Section 24. The following emergency projects do not require the prepa- ration 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 pro- claimed 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 25. 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 26. 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 pro- ject as described in Article IV, supra; (4) a feasibility and plan- ning study as described in Article V, supra; (5) a categorically exempt activity as described in Article VII, infra; or (6) an acti- vity 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 fore- going categories, he shall proceed with the project evaluation pro- cess 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 retained 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 27. 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 deter- mination as to which is the lead agency: (1) The lead agency shall be the public agency which pro- poses 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- 183 18 (3) Where more than one public agency equally meet the cri- teria 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 pro- cess 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 -Applica- bility. Unless otherwise required by the Council, no further environmental assessment shall be necessary. Whenever a determina- tion 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 28. 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 signifi- cant 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 21 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 21 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 the 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 purpose 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. Some examples of consequences which may have a sig- nificant 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: -6- "x! 85 (2) has a substantial and demonstratable 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 stan- dards 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 environ- ment. (2) Impacts which achieve short-term, to the disadvantage 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 en- dure 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 re- source 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- cance 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, the Responsible Official believes that the pro- ject 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 pro- ject 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 -7- -Q 1104 -/0 (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 impli- cations and the reasons why the project is being proposed, not- withstanding their effect, should be described. Do not neglect impacts on any aesthetically valuable surroundings, or on human health. (3) Mitigation Measures Proposed to Minimize the Impact: Describe any mitigation measures written into the project plan to reduce significant environmentally adverse impacts to insignificant levels, and the basis for considering these levels acceptable. Where a particular mitigation measure has been chosen from among several, alternatives should be discussed and reasons should be given for the choice made. (4) Alternatives to the Proposed Action: Describe any known 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. Attention should be paid to 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 En- vironment 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, particularly, secondary impacts generally commit future generations 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 popula- tion may further tax existing community service facilities so consideration must be given to this impact. Also discuss rhe characteristic of some projects which may encourage and facili- tate other activities that could significantly affect the en- vironment, 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. -10- /w D. Preparation of Draft EIR; by Whom: (1) As to the projects defined in Article HI, Section 21 A (1) of this Resolution, the draft EIR shall be undertaken by the Responsible Official or by private experts pursuant to con- tract with the City. (2) As to projects defined in Article III, Section 21 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 inde- pendently analyze the draft EIR submitted pursuant to this sub -section to verify its accuracy and objectivity prior to certifying its completion. The Responsible Official may, if he deems it appropriate, arrange to have this analysis per- formed 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 or- ganization 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 included 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 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 acti- vity 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 pro- ject for a determination thereby as to the EIR's completeness, or he may -11- 1 'ake this determination himself. After the draft EIR has been deter- mined 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: (1) a brief description of the proposed project; (2) the location of the proposed project; and (3) information indicating where copies of the draft EIR are available for review. (4) 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. 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 Experties (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 jurisdiction by law over the project shall be determined on a case-by-case basis. 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. (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 com- ment. (3) Continued Planning Activities. Continued planning activities concerning the proposed project, short of formal approval there- of, may continue during the period set aside for review and com- ment on the draft EIR< -12- / LH - 13 191 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 re- view or acquisition by members of the general public. Any person request- ing 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 exper- tise 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 the draft EIR, a sec- tion containing a listing of the organizations and persons con- sulted and the comments received through the review and consul- tation process set forth in Subparagraph G above, either verba- tim or in summary, and a section containing the City's response to the significant environmental 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 attachment 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 im- pacts 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 he addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of over-riding im- portance 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. J. Public Hearings. With respect to any project concerning where 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 pro- cedural 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 Respon- sible 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 pre- paration of the final EIR, it shall be presented to the City official or body charged with the responsibility 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 -13- 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 Guide- lines, 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 follow- ing: (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 consequences have been identified in an EIR, said official or body may, but is not required to, make a statement identifying 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. M. Costs. As to projects covered by Section 21 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. ARTICLE VII - CATEGORICAL EXEMPTIONS Section 31. 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 lcconsists 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 alternations involving such things as interior partitions, plumbing and electrical convey- ances; (2) Existing facilities of both investor, and publicly owned utilities used to convey or distribute electric power, natural gas, sewage, etc.; -14- 193 s.. (3) Existing highways and streets (within already established rights-of-way) sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; (4) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment 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 al- teration, 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 struc- tures, 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. (12) Demolition and removal of buildings and related structures except where they are of historical, archaeological or archi- tectural 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 sub- stantially the same purpose and capacity as the structure or facility re- placed or reconstructed, including but not limited to: (1) Replacement or reconstruction of existing structures to provide earthquake resistant structures which do not in- crease 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. -15- 19-1 (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) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures. (4) Water main, sewage, electrical, gas and other utility exten- sions 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 pro- duction 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. Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations, except zoning, which do not result in the creation of any new parcels, nor in any change in permitted land use nor in any increase in permitted density of development. Class 6: Information Collection. Class 6 consists of basic data collec- tion, 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. Class 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. -16- Class 9: Surplus Government Property Sales. Class 9 consists of sale-8-- of alesof surplus government property except for parcels of land located in an area of statewide interest or potential area of critical 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 regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the en- vironment. Examples include but are not limited to wildlife preserva- tion activities of the State Department of Fish and Game. Construction activities are not included in this exemption. Class 11: Actions Taken by Regulatory Agencies for the Protection of 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 this exemption. Section 32. 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 significant effect on the environment and which are exempt from the requirements of this resolution. ARTICLE VIII - SUBSEQUENT EIR'S Section 33. 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 environmental 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 34. 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 -17- -ie 196 depending on the precise approval being requested. It will therefore frequently be appropriate to prepare a basic EIR for the proposed acti- vity and to supplement the same with appropriate amendments at the various stages of approval. ARTICLE X - PARTIAL INVALIDITY Section 35. 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 never- theless 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 25th day of February, 1974. ATTEST: /54'l 4 Y. I, CITY C ERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR Or 772 E CITY OF CYPRESS 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 25th day of February, 1974, by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Roberts NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Kanel and Lacayo CLERK CITY C HE ITY OF CYPRESS F j ENVIRONMENTAL EVALUATION (SHORT FORM) Name of Project Proposer: Address: i4'ia-/9 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 Iry proposal is implemented? If yes, what are they? C 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" lgq - Do 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 By: Name of Project: Location: (City) (Address) STATEMENT OF NON -APPLICABILITY I1 -1\a -al • • Entity or Person Undertaking Project: 1) Name 2) Address Staff Determination The undersigned, having undertaken and completed a preliminary review of this project in accordance with Resolution No. 1442 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 21. ( ) 2. The project is a Ministerial Project under Section 4. ( ) 3. The project is an Emergency Project under Section 24. ( ) 4. The project constitutes a feasibility or planning study under Section 25. 5. The project is Categorically Exempt under Section 31. Applicable Exemption Class () () () DATE: 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. Name of Lead Agency EXHIBIT "B" (TITLE) 200 (City) NOTICE OF DETERMINATION Description of Project: Name of Applicant: This Project was (approved, disapproved) by was determined by the r U L! (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" EXHIBIT "D" TO: State of California The Resources Agency Secretary for Resources 1416 Ninth Street, Room 1311 Sacramento, California 95814 NOTICE OF COMPLETION Project Title Project Location - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code Phone Extension