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Resolution No. 1343 /3 3 _, RESOLUTION NO. 1343405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING OBJECTIVES, CRITERIA AND PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AMENDED. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDER, RESOLVE AND DETERMINE AS FOLLOWS: ARTICLE I - GENERAL SECTION 1. PURPOSES. This Resolution implements the purposes and provisions 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 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 prerequisite to approval of a project. The function of an EIR is to inform those officials of this City who are charged with the responsibility of approving or denying proposed projects as well as the general public, of the environmental effects of such projects. The environmental effects set forth in the EIR are to be evaluated by said 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. 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 or by any officer or agency thereof. Generally speaking, ministerial projects include those activities defined as projects which are undertaken or approved by a governmental decision which a municipal officer or agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With respect to these pro- jects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation which mandates the legal authority may require, in some degree, a construction of its language by the officer or agency. B. The following actions hereby are found and determined to be minis- terial in nature: (1) Issuance of Building, Construction and Related Permits; (2) Issuance of Business Licenses; (3) Approval of Final Subdivision Maps; (4) Issuance of Grading Permits; (5) Approval of Individual Utility Service Connections and Disconnections; and (6) Issuance of Excavation Permits. 406 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 determination to proceed with a project, which in no event shall be later than the date of adoption of plans and specifications. As respects private projects defined in Section 21 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. 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 and catastrophic calamity, caused by an occurrence or combination of occurrences of statewide or local impact such as fire, flood, landslide, earthquake, or other natural disaster, riot, war, accident, or sabotage. 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 sig- nificance. 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. SECTION 13. EIS-ENVIRONMENTAL IMPACT STATEMENT means an EIR 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 mean the Guidelines for Implementation of the CEQA of 1970 adopted by the California Resources Agency as they now exist or hereafter may be amended. SECTION 16. LEAD AGENCY means the public agency which has the principal responsibility for carrying out or approving a project which may have a signi- ficant effect on the environment where more than one public agency is involved with the same underlying activity. - 2 - 1343 3 SECTION 17. NEGATIVE DECLARATION means a statement by the City that will `� O carry out or approve a discretionary project and that such a project, although07 not categorically exempt, would not have a significant effect on the environmen and therefore does not require an EIR. The term "Exemption Declaration" is interchangeable with the term "Negative Declaration." SECTION 18. NOTICE OF COMPLETION means a brief report filed with the Secretary for Resources as soon as the City has completed a draft EIR and is prepared to send out copies for review. SECTION 19. NOTICE OF DETERMINATION means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. SECTION 20. 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 21.. PROJECT A. Project means the whole of an action, resulting in physical impact on the environment, directly or indirectly, that is any of the following: (1) An activity directly undertaken by the City, including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of a general plan or any element thereof; (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; and (3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by the City. 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, emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered hereinabove) , feasi- bility or planning studies; (4) The submittal of proposals to a vote of the people of the City or of a portion thereof; (5) The annexation of territory to the City; and (6) The mere acquisition of land by the City, in and of itself. 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. - 3 - / 3 /w3 . , 4 08. ARTICLE IV - EMERGENCY PROJECTS SECTION 24. 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 any 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 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 considerations of environmental factors incident to the potential project. ARTICLE VI - EVALUATING PROJECTS SECTION 26. INITIAL REVIEW FOR CEIA 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 not(1) a project as defined in Section 21, supra, (2) ministerial, (3) an emergency project as described in Article IV, supra, (4) a feasibility and planning study as described in Article V, supra, or (5) a categorical exemption as described in Article VII, infra. 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, he shall direct the appli- cant 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 21 A. (2) or A. (3) (i.e , , a private project) may present his objection to the Responsible 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 State- ment 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. - 4 - ,.409 E. Retention of Preliminary Environmental Assessment; Availability For Inspection. The Statement of Non Applicability shall be retained by the Responsible Official as part of his usual record-keeping process, and it shall be made available for public inspection during all regular City office hours. SECTION 27. 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 it out or approving it. The Responsible Official shall consider, among others, the following factors in making his 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 responsibi- lity 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. (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 Responsible 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 Responsible 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 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 significant effect on the environ- ment, 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 addi- tional data and information as may be required by the Responsible - 5 - 454 icial to determine whether the proposed project may have a sig- nificant effect on the environment. 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 investigation 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. Evaluatin: Environmental Si. ificance. 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 significant effect on the environ- ment are the following: (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; (9) is subject 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, curtail the range of the environment. (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 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 environ- ment is significant, an EIR must be prepared. This mandatory finding of significance 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 substan- tial 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 project will not have a significant effect on the environment, he shall prepare a notice of his 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 - 6 - f / 343- 7 411 (together with the Environmental Evaluation submitted for the subject project) shall be posted in three public places in the City and shall be mailed to the applicant and to other public agencies having jurisdiction with respect to the project. The Responsible Official may also supply copies of the notice and Environmental Evaluation 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 he has indicated his intention to file a Negative Declaration. SECTION 29. NEGATIVE DECLARATIONS. If, after examining all comments received in response to his 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 shall be a concise, one-page statement containing the following information: (1) a description of the project; and (2) a finding that the project will not have a significant effect on the environment. 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 City Clerk within five days after the filing of the Negative Declaration. The City 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 sus- taining 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. IL Said notice then shall be filed with the county clerk of the county or counties in which the project is located. 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. - 7 - H. Costs. As to projects covered by Article III, 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 pre- paring and filing the Negative Declaration. SECTION 30. ENVIRONMENTAL IMPACT REPORTS. Following the initial study described in Section 28, an EIR shall be prepared for any discretionary 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 environmental 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 engine- ering proposals. B. Description of Environmental Setting. An EIR must include a des- cription of the environment in the vicinity of the project, as it exists before commencement of the project, from both' a local and regional per- spective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environ- mental resources that are rare or unique to that region. Specific re- ference 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. (1) The Environmental Im.act of the Pro.osed Action: Describe the direct and indirect impacts of the project on the environment, 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 in- duced in population distribution, population concentration, the human use of the land (including commercial and residential develop- ment) and other aspects of the resources base such as water, scenic quality and public services. (2) An 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 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. - 8 - .: . .; '413 (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 alter- natives 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, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future gene- rations 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. D. Preparation of Draft EIR; by Whom: (1) As to projects defined in Article III, Section 21 A (1) of this Resolution, the draft EIR shall be undertaken by the Respon- sible Offical,.or by private experts pursuant to contract 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 analyze the draft EIR submitted pursuant to this sub-section to verify its accuracy and objectivity prior to presenting it to the city body or official charged with the responsibility of approving or disapproving the project. 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. - 9 - l3Li3 .. 10 (3) 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. (4) At least fifteen copies of the EIR shall be submitted to the Responsible Official. E. Completion of Draft EIR. After he determines the draft EIR 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 for Resources, or when delivered in person to the Office of the Secre- tary. 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 jurisdiction by law over the project shall be determined on a case-by-case basis. (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 four weeks or such longer period of time as may be specified by the Respon- sible Official. (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 presumed, 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 activities concerning the proposed project, short of formal approval thereof, may continue during the period set aside for review and comment on the draft EIR. - 10 - i t 3 - i1 415 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 the draft EIR, a section containing a statement of the comments received through the review and consultation process set forth in Subparagraphs G. and I. above, either verbatim or in summary, and a section containing a response to the significant environmental points that are 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 environ- mental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections) . In particular the major issues raised when the Responsible agency'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 he deems it 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 for 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. Adoption of Final EIR; Decision on Project. Following the prepara- tion 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 City 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 City Official or body finds the final EIR to be in order, the same shall be adopted and the proposed project may then be approved or disapproved. - 11 - 13tt 3.. e 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 environment; 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. 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 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:. (a) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances; (b) Existing facilities of both investor, and publicly owned utilities used to convey or distribute electric power, natural gas, sewage, etc. ; (c) Existing highways and streets (within already established rights-of-way) sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; (d) 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; (e) 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; (f) 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; (g) New copy on existing on and off-premise signs; - 12 - / 3Li._3 - ► 3 417 (h) 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) ; (i) 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. (j) Fish stocking by the California Department of Fish and Game. (k) Division of existing multiple family rental units into con- dominiums. (1) 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 govern- ment action. Class 2: Replacement or Reconstruction. Class 2 consists of replace- ment or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing structures to provide earthquake resistant structures which do not increase capacity more than 50%. Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures listed in this section and installation of new equipment and facilities including but not limited to: (a) Single family residences not in conjunction with the building of two or more such units. (b) 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. (c) 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. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. (f) Street construction and the installation of traffic control devices and improvements within existing 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, including but not limited to: (a) 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. (b) New gardening or landscaping but not including tree removal. - 13 - 1343 - i 4/ 118 (c) Fillingof earth into previouslyexcavated land with material b the le with t e natural features of the site. (d) 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 wild- life resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. 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 land use nor in any increase in density. Home occupation permits when issued in accordance with the provisions of the City Zoning Regulations shall be included within this class. Class 6: Information Collection. Class 6 consists of basic data 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. Class 7: Inspections. Class 7 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation or adulteration of products. Class 8: Accessory Structures. Class 8 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On-premise signs. (b) Parking lots for less than thirty (30) cars. Class 9: Surplus Government Property Sales. Class 9 consists of sales of surplus government property except for parcels of land. 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 pre- pared 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 the original EIR. 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 in- volvement of new environmental impacts not covered in the original EIR. - 14 - 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. For the purposes of this Resolution, sequential projects which are merely steps in the approval of one proposed activity (such as a change of zoning classi- fication and the approval of a tentative tract map) will ordinarily be deemed to have essentially the same environmental impacts. However, it is recognized that the considerations facing the officials who grant such approvals will vary depending on the precise approval being requested. (For example, the City will not usually be concerned with the environmental effects of a street layout for a residential subdivision at the zone change stage) . 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 35. In the event any part or provision of this Resolution shall be determined to be invalid, the remaining portions of this 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 26th day of March, 1973. r ' MAYOR OF E TY or CYPRESS ATTEST: CITY CLERK OF THE CITY 0 CYPRESS 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 26th day of March, 1973, by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberts NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Lacayo CI4CLE OF THE CITY OF CYPRESS - 15 - / 3Lt � - / ri 420 EXHIBIT "A" ENVIRONMENTAL EVALUATION (SHORT FORM) Name of Project Proposer: Address: 4 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: Yes No City Yes 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 proposed short term use deter from the maintenance and enhancement of long-term environmental goals? 34 -- -I LM I EXHIBIT "A" (Continued) 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: - 2 - baa EXHIBIT "B" CITY OF CYPRESS 5275 Orange Avenue, Cypress, California STATEMENT OF NON-APPLICABILITY Name of Project :40) Location 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 the City's resolution entitled "A Resolution of the City Council of the City of Cypress Adopting Objectives, Criteria and Procedures Implementing the California Environmental Quality Act of 1970, As Amended" 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 ( ) 6. The project involves another public agency which constitutes the lead agency. Name of Lead Agency DATE: (TITLE) EXHIBIT "C" CITY OF CYPRESS NOTICE OF DETERMINATION Description of Project: Name of Applicant: This Project was (approved or disapproved) by (issuing body or person) on (date) . It was determined by the (issuing body or person) that the project (will or will not) have a significant effect on the environment. An Environmental Impact Report (was, was not) prepared for this project pur- suant to the provisions of the California Environmental Quality Act of 1970. Signature Title Date 1313 — < o EXHIBIT "D" CITY OF CYPRESS 5275 Orange Avenue, Cypress, California 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)