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Resolution No. 4363RESOLUTION NO. 4363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING RESOLUTION NO. 3966 AND ADOPTING LOCAL IMPLEMENTATION GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, by Resolution No. 3966, adopted by the City Council of the City of Cypress on July 22, 1991, the City Council adopted the State Guidelines for implementation of the California Environmental Quality Act as the local procedures for meeting the requirements of the California Environmental Quality Act, (CEQA), Public Resources Code Section 21000 et seq.; and, WHEREAS, subsequent to the adoption of Resolution No. 3966, significant changes have taken place in CEQA which mandate that the local procedures and guidelines be updated in order to be consistent with changes in State law, administrative regulation, and case laws developed by California courts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Resolution No. 3966 adopted by the City Council of the City of Cypress on July 22, 1991 is hereby repealed. SECTION 2. The City Council of the City of Cypress hereby adopts the local guidelines set forth in Attachment "A ", "City of Cypress Guidelines for Implementing the California Environmental Quality Act," attached hereto and incorporated herein by this reference as if set forth in full as the local guidelines and procedures for implementing CEQA. SECTION 3. Any future update of the "Guidelines for the Implementation of the California Environmental Quality Act" is hereby adopted by reference and the provisions as revised shall supersede the relevant provisions of the current City of Cypress Local Implementation Guidelines. SECTION 4. The City Clerk shall certify as to the adoption of this Resolution. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 12th day of September 1994. ATTEST: %L CIT CLERK OF THE Ci{TY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, California DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 12th day of September 1994; by the following roll call vote: -1 - (—/ 446 AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Xartee644( C ITY CLERK THE ITY OF CYPRESS ATTACHMENT "A" CITY OF CYPRESS LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT September 12, 1994 f }.43 SECTION 1. Authority. These procedures are adopted to implement the California Environmental Quality Act ( "CEQA "), Public Resources Code Section 21000 et seg., and the State CEQA Guidelines ( "State Guidelines "), 14 California Code of Regulations Section 15000 et sue. All time periods set out herein shall be calendar days unless otherwise indicated. SECTION 2. Relationship to State Guidelines. The procedures established herein implement and tailor the general provisions of the State Guidelines to the specific operations of the City of Cypress. These Local Guidelines are not intended to replace the State Guidelines. If any section of these Local Guidelines is in conflict with or contrary to any provision of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control. Further, if any section of the State Guidelines is revised, that revision shall be incorporated by reference into these Local Guidelines. SECTION 3. Delegation of Responsibility to Planning Director. The Planning Director ( "Director ") shall be responsible for the following CEQA functions: (1) Determining whether a project is exempt; (2) Conducting an Initial Study, and deciding whether to prepare a Negative Declaration or Draft Environmental Impact Report ( "EIR "); (3) Preparing a Negative Declaration or Draft EIR; (4) Determining that a Negative Declaration has been completed within a period of one - hundred and five (105) days or an EIR within a period of one (1) year from the date when the City accepted an application as complete; (5) Preparing responses to comments on environmental documents; (6) Filing notices required or authorized by CEQA, the State Guidelines, or this Resolution; (7) Consulting with and obtaining comments from other public agencies and the public; (8) Assuring adequate opportunity and time for public review and public commentary; (9) Developing procedures for a mitigation monitoring and reporting program for those mitigation measures imposed as conditions of approval in order to reduce or eliminate a significant environmental effect; and (10) Determining whether the effect of the project on wildlife and their habitat is de minimis and issuing any certificate therefor. SECTION 4. Requests for Notice. Whenever a member of the public files a written request with the City Clerk to receive copies of notices prepared pursuant to Public Resources Code Sections: 21080.4 Environmental Impact Report; Determined by Lead Agency (Decision to Prepare EIR); 21092 Public Notice of Preparation of Environmental Impact Report or Negative Declaration; Publications; 21152 Local Agency; Approval or Determination to Carry out. Project; Notice; Contents; Public Inspection; Posting. t. The Director shall cause a copy of said Notice to be mailed to such individual. A "written request" shall be defined to include the payment of a fee as set by Resolution of the City Council. Unless a fee is not set by Resolution of the City Council, no written request for notice shall be valid unless and until the fee is paid. All written requests shall be valid for one (1) calendar year and may be renewed annually by submitting a new written request and payment of the fee set by Resolution of the City Council. The provisions of Public Resources Code §21092.2 relative to substantial compliance shall be applicable to this Section. SECTION 5. Pre - Filing Consultation. Upon request of an applicant the Planning Director shall provide a non - binding consultation prior to filing an application regarding the general environmental issues and ramifications of the project. SECTION 6. Preliminary Review. A. Review for Completeness. The Director shall determine whether an application for a permit or other entitlement for use is complete and shall notify the applicant in writing within thirty (30) days from the receipt of the application. If the application is incomplete, the notice shall list and thoroughly describe the specific information required to complete the application. If no written determination of the completeness of the application is made within the thirty (30) day period, the application will be deemed complete on the thirtieth (30th) day. Upon resubmittal of the application, or requested materials and /or information, a new thirty (30) day period shall begin. If the application and materials are determined to be incomplete, within fifteen (15) days of the date of the notice, the applicant may appeal the decision in writing to the City Council. The City Council shall issue a written determination within forty -five (45) days after receipt of the written appeal. The determination of the City Council shall be final. B. Review for Exemptions. As part of the preliminary review, the Director shall determine whether a particular activity is exempt from CEQA. If the Director determines that an activity is exempt from CEQA, the Director shall issue a Notice of Exemption as set forth in Section 6 7(D) herein. SECTION 7. Procedures for Identifying Activities Exempt from CEQA. A. Application of CEQA. The requirements of CEQA apply to all discretionary projects which may have a significant effect on the environment. In particular, CEQA applies to discretionary private projects that are carried out, approved or financed by a public agency. Possible exemptions from CEQA include the following: (1) The activity is not a project; (2) The project is statutorily exempt pursuant to Article 18 of the State Guidelines; (3) The project is categorically exempt pursuant to Article 19 of the State Guidelines; or, (4) It can be established with certainty that there is no possibility that the activity may have a significant effect on the environment. B. Ministerial Projects Or Permits. A ministerial project is one approved or denied by a decision which a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion. Ministerial projects are exempt from the requirements of CEQA and no environmental documents are required. The following is a non - exclusive list of actions which the City Council has determined to be ministerial in nature: -3 450 (1) Approval of final subdivision maps; (2) Approval of individual utility service connections and disconnections; (3) Issuance of health regulatory licenses; (4) Issuance of permits to install individual sewage disposal systems; and, (5) The issuance of a building permit shall be deemed a ministerial act if the Planning and Building Departments exercise no discretion in the issuance of the building permit. If the permit involves both discretionary and ministerial actions, the permit shall not be deemed a ministerial act. C. Categorical Exemptions. The City Council hereby finds those classes of activities set forth in Sections 15301 through 15329 of the State Guidelines to be categorically exempt with the following exceptions: (1) Location. Classes 3, 4, 5, 6, and 11 of the State Guidelines are qualified by consideration of the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (2) Cumulative Impact. All exemptions of these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant; for example: annual additions to an existing building under Class I of State Guidelines. (3) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. D. Notice of Exemption. If it is determined that a project is categorically exempt, then after approval of the project the Director may cause a Notice of Exemption to be filed in the form and manner required by the State Guidelines. The notice may be filed with the County Clerk of the County of Orange. SECTION 8. Procedures for Conducting Initial Studies. A. Determination That Initial Study Should Be Conducted. If a project is subject to the requirements of CEQA and it is not determined that the project is exempt, the Director shall cause an Initial Study to be conducted to determine if the project may have a significant effect on the environment. If it can be determined that an EIR will clearly be required for a project, then further initial review of the project shall not be required, and work may begin directly on the EIR process. All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. To meet the requirements of this section, the Director may use an Initial Study or similar analysis prepared pursuant to the National Environmental Policy Act in the case of a federal project. The Director shall determine whether or not a project may have a significant effect on the environment based on substantial evidence of the whole record and whether it has a de minimis impact on wildlife and their habitat. If it is determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, the Director shall cause a Negative Declaration to be prepared. If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. The existence of a public controversy alone does not, without substantial evidence of a significant environmental impact supported by facts, require preparation of an EIR. Public comments relative to and /or included in an EIR are not determinative of whether the project may have a significant effect on the environment. B. Contents. An Initial Study shall contain in brief form: (1) A description of the project including the location of the project; (2) An identification of the environmental setting; (3) An identification of environmental effects by use of a checklist, matrix, or other method; (4) A discussion of ways to mitigate the significant effects identified, if any; (5) An examination of whether the project is consistent with existing zoning, plans, and other applicable land use controls; and, (6) The name of the person or persons who prepared or participated in the Initial Study. C. Uses. The Initial Study shall be used to provide information to use as the basis for the determination of whether a Negative Declaration or an EIR shall be prepared for a project. Where a project is revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental effects will occur, a Negative Declaration shall be prepared instead of an EIR. If based on substantial evidence in the whole record the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. When the Initial Study concludes that no EIR is necessary, the Study shall also provide documentation of the factual basis for the finding that the project will not have a significant effect on the environment. The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. D. Submission of Data. Any person may submit any information in any form to the Director to assist in the preparation of an Initial Study. E. Format. Forms for an applicant's project description and a review form for use by the Director shall be provided by the Planning Department. When used together, these forms shall meet the requirements for an Initial Study. These forms shall provide for a substantive, written description of the project and its potential effects. F. Consultation. As soon as the Director has determined that a project is not exempt and that an Initial Study shall be required to determine whether a Negative Declaration or an EIR is required, the Planning Department shall consult with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project as required by Section 15063(g) of the State Guidelines. -5 During or immediately after preparation of an Initial Study for a private project, the Planning Department may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study. G. Time Limits. The Director shall determine within thirty (30) days after accepting an application as complete whether it is necessary to prepare an EIR or a Negative Declaration and, if so, whether a previously prepared EIR or Negative Declaration may be used. The thirty (30) day period may be extended fifteen (15) days upon the consent of both the Director and the project applicant. Where an EIR or Negative Declaration is to be prepared under contract to the City, the City must execute that contract within forty -five (45) days from the date the application for the project is received and accepted as complete. SECTION 9. Procedures for the Preparation of a Negative Declaration. A. General. A Negative Declaration shall be prepared for a project which: (1) the Director finds, on the basis of an Initial Study, there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment; or, (2) where the Initial Study identified potential effects, but the effects have been mitigated to the point of insignificance. B. Consultation. Before completing a Negative Declaration, the Director shall consider the proposed Negative Declaration together with any comments received during the public review process pursuant to Section 15074(b) of the State Guidelines. C. Contents. A Negative Declaration circulated for public review shall include: (1) A brief description of the project, including the commonly used name for the project, if any; (2) The location of the project and the name of the project proponent; (3) A proposed finding that the project will not have a significant effect on the environment; (4) An attached copy of the Initial Study documenting reasons to support the finding; (5) Mitigation measures, if any, included in the project to avoid potentially significant effects; (6) A statement regarding how the mitigation monitoring and reporting requirements established by Public Resources Code §21081.6 will be met; and, (7) A determination regarding impact on fish and game resources per Fish and Game §711.4, Public Resources Code §21089(b), and 14 California Code of Regulations 753.5. D. Public Notice. Notice that the City Council is preparing and proposes to adopt a Negative Declaration shall be provided to the public prior to adoption of the Negative Declaration by that body. The public shall be provided at least twenty (20) days to review and comment on the proposed Negative Declaration. However, if the notice must be submitted to the State Clearinghouse, the -6 public review period shall be at least thirty (30) days. A copy of the notice and the proposed Negative Declaration shall be sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: (1) Publication at least once in a newspaper of general circulation in the area affected by the proposed project; or, (2) Posting of notice on and off site in the area where the project is to be located; or, (3) Direct mailing to owners and occupants of property contiguous to the project as such owners are shown on the latest equalized assessment roll. The notice shall specify the period during which comments will be received on the proposed Negative Declaration and shall include the date, time, and place of any public meetings of hearings on the proposed project, a brief description of the proposed project and its location, and the address where copies of the proposed Negative Declarations are available for review. The notice shall also describe the significant effects on the environment, if any, anticipated as a result of the project. Pursuant to Public Resources Code §21092(a) an action shall not be invalidated because of alleged inadequacy of the notice content if the City has complied substantially with the provisions of Section 21092 of the Public Resources Code. E. Consideration. Prior to approving the project, the City Council shall consider the Negative Declaration together with any comments received during the public review process. F. Approval. The City Council shall approve the Negative Declaration if it finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, or that any potentially significant effects have been mitigated to the point of insignificance. The decision of the City Council shall be final. G. Notice of Determination. After final approval of a project for which a Negative Declaration has been prepared, the Director shall cause a Notice of Determination to be filed. Said Notice shall include: (1) An identification of the project, including its common name where possible, and its location; (2) A brief description of the project; (3) The date upon which the project was approved; (4) The determination that the project will not have a significant effect on the environment; (5) The documents and filing fees required by the Fish and Game Code Section 711.4, Public Resources Code §21089(b), and 14 California Code of Regulations 753.5.; (6) A statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA; and, (7) The address where a copy of the Negative Declaration may be examined. It shall be the responsibility and duty of the applicant to deliver to the Planning 7 454 Department a check payable to the County Clerk of the County of Orange in an amount sufficient to cover the fee required by subsection (5) above, including the County Clerk's processing fee, within forty -eight (48) hours of City's final approval of the project. If within such forty -eight (48) hour period, the applicant has not delivered to the Planning Department the check required above, the approval for the project shall be void. The Notice of Determination shall be filed with the County Clerk of the County of Orange. If the project requires a discretionary approval from any State agency, the Notice of Determination shall also be filed with the State Office of Planning and Research. The filing of the Notice of Determination and the posting of a list of such notices starts a thirty (30) day statute of limitations on court challenges to the approval. SECTION 10. Procedures for the Preparation of EIR's. A. Decision to Prepare an EIR. When it is determined that an EIR will be required for a project, the procedures set forth in this section shall be followed in the EIR preparation. B. Notice of Preparation. Immediately after the determination has been made that an EIR will be required for a project, the Director shall cause a Notice of Preparation to be sent by certified mail, or other method of transmittal which provides it with notice that the Notice has been received, to each Responsible Agency or Trustee Agency responsible for resources affected by the project and to each federal agency involved in approving or funding the project. The notice shall include the significant effects on the environment anticipated from the project. The agencies to which a Notice of Preparation is sent shall have thirty (30) days from the receipt of said notice to respond. If an agency fails by the end of the thirty (30) day period to respond, or make a well justified request for additional time to respond, it shall be presumed that the agency has no response to make. Unjustified late responses need not be considered. C. Early Consultation. Prior to completing the Draft EIR (DEIR), the Director should consult with any person or organization he or she believes will be concerned with the environmental effects of the project. Where the Director, a Responsible Agency, a Trustee Agency, or the project applicant has requested a meeting between representatives of the agencies involved to assist in determining the scope and content of a proposed EIR, the Director shall convene such a meeting as soon as possible, but not later than thirty (30) days after receiving the request for the meeting pursuant to Section 15082(4)(c) of the State Guidelines. Prior to completing an EIR, the Director on behalf of the City shall consult with and provide an opportunity to comment from each responsible agency, any public agency which has jurisdiction by law with respect to the project, and any city or county which borders on the City. The City and any bordering city and /or county may annually by agreement establish a process or procedure for complying with this consultation requirement pursuant to Public Resources Code §21153. In the case of a project as defined in Public Resources Code §21065(c) involving the issuance of a lease, permit, license, certificate, or other entitlement for use to a person by one or more public agencies, the Director shall, upon the request of the applicant provide for early consultation regarding the project. The consultation shall seek to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the EIR. A request for early consultation shall be made within thirty (30) days after the determination by the City that an EIR will be required for the project. The City Council may by Resolution establish a fee sufficient to recover the actual costs of consultation with the applicant. Pursuant to Public Resources Code §21092.4, for projects of statewide, regional, or area -8 wide significance, the Director shall consult with transportation planning agencies and public agencies which have transportation facilities within the City which could be affected by the project. Consultation shall occur in accordance with said Section of the Public Resources Code. For projects where federal involvement might require preparation of the Environmental Impact Statement pursuant to the National Environmental Policy Act, the Director shall consult with the appropriate federal agencies. D. Preparation of the Draft EIR. The draft EIR shall be prepared directly by or under contract to the City. The Planning Department may require the project applicant to supply data and information both to determine whether the project may have a significant effect on the environment and to assist the City in preparing the draft EIR. The requested information should include an identification of other public agencies which will have jurisdiction by law over the project. Any person, including the applicant, may submit information or comments to the Planning Department to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The decision - making body must consider all information and comments received. The information or comments may be included in the draft EIR in whole or in part. The decision - making body may choose one of the following arrangements or a combination of them for preparing a draft EIR. (1) Preparing the draft EIR directly with Planning Department staff; (2) Contracting with another entity, public or private, to prepare the draft EIR; (3) Consider the provisions for streamlined environmental review and a Master EIR; or, (4) Using a previously prepared EIR. E. Notice of Completion. As soon as the DEIR is completed, a Notice of Completion shall be filed with the State Office of Planning and Research. The Notice shall include a brief description of the project, its proposed location, an address where copies of the DEIR are available, and the period during which comments will be received. F. Public Review. After the DEIR is completed, the Director shall consult with and obtain comments from any responsible and /or trustee agencies having jurisdiction by law with respect to the project, and should consult with persons having special expertise with respect to any environmental impact involved. The Director shall provide the general public with an opportunity to comment on the DEIR. The public shall be provided at least forty -five (45) days to review and comment on the DEIR. Unless a shortened review period is requested and granted by the State Office of Planning and Research in accordance with Public Resources Code §21091(d) and State Guidelines § 15703. The Director shall provide public notice of the availability of a DEIR at the same time as a Notice of Completion is sent to the State Office of Planning and Research. Notice shall be given to all organizations and individuals who have previously requested such notice, and shall also be given by at least one of the following procedures: (1) Publication at least one time in a local newspaper of general circulation in the area affected by the proposed project; or, 9 (2) Posting of notice on and off the site of the proposed project; or, (3) Direct mailing to owners and occupants of property contiguous to the proposed project as shown on the latest equalized assessment roll. The notice shall specify the period during which comments will be received on the DEIR and shall include the date, time, and place of any public meetings or hearings on the proposed project, a brief description of the proposed project and its location, and the address where copies of the DEIR are available for review. Pursuant to Public Resources Code §21092(a) an action shall not be invalidated because of alleged inadequacy of the notice content if the City has complied substantially with the provisions of Section 21092 of the Public Resources Code. The Director may use the State Clearinghouse to distribute DEIRs and other environmental documents to state agencies for review and should use area -wide clearinghouses to distribute such documents to regional and local agencies. G. Shortened Review Period. The Director and /or the City Manager are hereby authorized to request a shortened public review period from the Office of Planning and Research pursuant to Public Resources Code §21089(d)(3). For all purposes of said Section of the Public Resources Code, the Director and /or the City Manager shall be the designated office. Whenever the Director and /or City Manager so request a shortened public review period, the Director and /or City Manager shall notify the City council in writing of this request which shall appear on the next legally permissible City Council Agenda as an information item. The City Council may thereafter, either receive and file the report, or rescind the action by directing the Director and /or City Manager to notify the Office of Planning and Research of this rescission. H. Evaluation and Response to Comments. The Director shall cause comments received from persons who reviewed the DEIR to be evaluated and shall cause written responses to each such comment to be prepared. I. Preparation of Final EIR. The Director shall cause a Final EIR to be prepared before the project is scheduled for approval. The contents of a Final EIR shall be as set forth in Section 15120 of the State Guidelines. At the time of project approval, the City must specify the location and custodian of the documents on which the EIR is based. J. Certification of Final EIR. The City Council shall certify that the Final EIR has been completed in compliance with CEQA, that the Final EIR was presented to it, and that it reviewed and considered the information contained in the final EIR prior to approving the project. Said certification shall include a statement regarding how the mitigation monitoring and reporting requirements established by Public Resources Code §21081.6 will be met. As a part of the certification process and /or approval of the project, the City may require the applicant to enter into a written Mitigation Monitoring Compliance Agreement which specifies the obligations and duties relative to mitigation, monitoring, and reporting on said mitigation measures. The decision of the City Council shall be final. K. Findings. No decision - making body shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless that body makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as - 10 - Li"- identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the body making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The findings required by this section shall be supported by substantial evidence in the record. The finding in subsection (2) hereof shall not be made if the body making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measure or alternatives. L. Statement of Overriding Considerations. CEQA requires the decision -maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." Where the decision of the City Council allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the Council shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. This statement may be necessary if the Council also makes a finding under Subsection K(2) or K(3). If the City Council makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. M. Approval of Project. After considering the final EIR and in conjunction with making findings under Section K, the City Council may decide whether or how to approve or carry out the project pursuant to Section 15092 of CEQA. N. Notice of Determination. After final approval of a project for which an EIR has been prepared, the Director shall cause a Notice of Determination to be filed. Such Notice shall include: (1) An identification of the project, including its common name where possible, and its location; (2) A brief description of the project; (3) The date upon which the project was approved; (4) The determination of whether the project in its approved form will have a significant effect on the environment; A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; (6) Whether mitigation measures were made a condition of the approval of the project; (7) Whether a Statement of Overriding Considerations was adopted for the project; (8) The address where a copy of the EIR and the record of project approval may be (5) 458 (9) examined; and, The documents and filing fees required by Fish and Game Code §711.4, Public Resources Code §21089(b), and 14 California Code of Regulations 753.5. It shall be the responsibility and duty of the applicant to deliver to the Planning Department a check payable to the County Clerk of the County of Orange in an amount sufficient to cover the fee required by subsection (9) above, including the County Clerk's processing fee, within forty -eight (48) hours of City's final approval of the project. If within such forty -eight (48) hour period, the applicant has not delivered to the Planning Department the check required above, the approval for the project shall be void. The Notice of Determination shall be filed with the County Clerk of the County of Orange. If the project requires discretionary approval from a state agency, the notice shall also be filed with the State Office of Planning and Research. The filing of the Notice of Determination shall start a thirty (30) day statute of limitations on court challenges to any actions taken pursuant to CEQA. SECTION 11. Enforcement of Mitigation Measures. Any mitigation measures required as part of a Negative Declaration or EIR shall be enforceable as part of the conditional use permit, site plan, area plan, or other discretionary approval for a project. The City shall include the specific steps for enforcement as part of the Mitigated Negative Declaration or EIR, and shall require of the applicant, or responsible or trustee agency submittal of plans for monitoring of the mitigation condition(s). SECTION 12. Time Limits. A. General. Preparation and review of environmental documents shall be done within the time periods set out herein. Preparation of an EIR should not cause undue delays in the processing of applications for permits or other entitlements. The Director may disapprove a project application where there is unreasonable delay in meeting requests. The Director may allow a renewed application process to begin at the same point in the process in which the prior application was when it was disapproved. The City shall either: (1) Complete a Negative Declaration within one - hundred and five (105) days from the date the application is accepted as complete; or, (2) Complete and certify the final EIR within one year from the date the application is accepted as complete. The one year time limit may be extended once for a period of not more than ninety (90) days upon consent of the decision making body and the applicant. Completion of a Negative Declaration within a one - hundred and five (105) day period shall include the conducting of an Initial Study, public review, and the preparation of a document ready for approval by the decision - making body. Completion within the one - hundred and five (105) day period need not include the approval of the Negative Declaration by the decision making body. Different time limits may be established for different types of projects subject to the one- hundred and five (105) days and one year maximum time limits. In the event that compelling circumstances justify additional time and the project applicant agrees to the extension, the decision making body may grant a reasonable extension of the time periods contained in this section. B. Projects with Federal Involvement. The decision making body may waive the one -year time period or the one - hundred and five (105) day period if: (1) The project will be subject to the National Environmental Policy Act; (2) Additional time will be required to prepare a combined EIR -EIS or a combined Negative Declaration Finding of No Significant Impact as provided in Section 15221 of the State Guidelines; and, (3) The time required to prepare such a combined document would be less than the time required to prepare each document separately. The time limits for taking final action on a permit for a development project may also be waived where a combined EIR -EIS will be prepared. The time limits for processing permits for development projects under Government Code §§ 65950 -65960 shall not apply if federal statutes or regulations require time schedules which exceed the state limits. In this event, any state agencies involved shall make a final decision on the project within the time limits set forth by federal law. SECTION 13. Fees. If a project is to be carried out by any person or entity other than the City, the Director may collect a reasonable fee from such person or entity to recover the estimated costs incurred in preparing an EIR or Negative Declaration. Fees shall be paid in accordance with the Code of the City of Cypress. Members of the general public requesting copies of an EIR may be charged for the actual cost of reproducing the copy.