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HomeMy WebLinkAboutResolution No. 6080RESOLUTION NO. 6080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING PROCEDURES FOR PREPARATION AND PROCESSING OF ENVIRONMENTAL IMPACT REPORTS WHEREAS, the State of California has adopted the "Environmental Quality Act of 1970"; and WHEREAS, "Guidelines for Implementation of the Environmental Quality Act of 1970" have also been adopted by the State of California; and WHEREAS, in compliance with the act and guidelines, the procedures contained herein are established for the preparation and processing of Environmental Impact Reports; The City Council of the City of Azusa does resolve as follows: SECTION 1. Environmental Qualit Officer. The Planning Director is t e Environmen al Quality Officer. He shall be responsible for giving and filing all notices required by this resolution, the California Environmental Quality Act of 1970, or the Guidelines for Implementation of the California Environmental Quality Act of 1970. SECTION 2. Definitions. The terms used in this resolution shall be deemed to be used as defined in the "Azusa Municipal Code", the California Environmental Quality Act of 1970 and in regulations promulgated pursuant thereto. Where a term is defined by the Act or the regulations such definition shall prevail over an inconsistent definition in the "Azusa Municipal Code;. SECTION 3. mental Impact Reports or Negative Declarations shall be pre- pared for any of the projects listed in Section 5 of this resolution unless they are categorically exempt pursuant to the Guidelines for Implementation of the Califom is Environ- mental Quality Act of 1970 promulgated by the Secretary for Resources of the Resources Agency of California. SECTION 4. Categorical Exemptions. Categorical exemptions, as set for n Art cle8 of the Guidelines for Implementation of the California Environmental Quality Act of 1970, are hereby approved and adopted as the categorical exemptions of the City of Azusa. SECTION 5. Environmental Impact Reports --Negative Declaration --Projects Requiring. Environmental Impact Repor or Negative Declarations shall be prepared for the following projects: C • (1) Animal permits where a physcial change in land or structures is contemplated. (2) City projects including buildings, roads, sewer and water lines, traffic control devices, paftks, storm drains, and other construction projects. (3) Amendments to the zoning text of the "Azusa Municipal Code". (4) Amendments to the City zoning map. (5) The adoption of a general plan or any element thereof. (6) Amendments to the general plan or any element thereof. (7) Conditional use permits. (8) Variances. (9) Precise plans and amendments thereto. (10) Franchises. Oil Well Permits. (12) Mining permits. (13) Suddivisions (14) Division of lands. (15) Any driveway permit issued by the Director of Public Works in connection with a private project that is discretionary. (16) Any other approval of a discretionary project which may have a significant effect on the enviornment. SECTION 6. Impact Report or Negative 4, 5, 6, 7, 92 11, 12, 13, resolution. The Director Draft Environmental Impact for Items No. 2, 10 and 15 1 Impact 1 prepare a Drart Environmental Declaration for Items No. 1, 3, 14 and 16 of Section 5 of this of Public Works shall prepare a Report or Negative Declaration of Section 5 of this resolution. SECTION 7. Draft Environmental 2mpactrRbport_=Negative Declaration --Circulation. After the preparation of a Draft Env ronmental Impact Report or Negative Declaration, the Planning Director shall circulate it to other interested public agencies with a notification that their comments will be considered by the responsible agency for inclusion in the Final Environmental Impact Report if such comments are received within thirty days after giving such notice. -2- SECTION 8. Environmental Impact Report --Negative Declaration --Final Plans. Final plans for any project requiring an Environmental Impact Report or Negative Declaration shall not be approved until an Environmental Impact Report or Neg-, ative Declaration has been adopted. SECTION 9. Environmental Impact-Report--Ne5ative Declaration --Preparation. Upon the receipt of an application or a project requiring an Environmental Impact Report or Negative Declaration, the Planning Director or Director of Public Works shall determine whether the proposed project will have a significant effect on the environment. If the Planning Director or the Director of Public Works determines that the proposed project will not have a significant effect on the environment he shall cause to be prepared a Negative Declar- ation. If the Planning Director or the Director of Public Works determines that the proposed project will have a sig- nificant effect on the environment he shall cause to be pre- pared a Draft Environmental Impact Report which may be accom- plished either by the independent preparation of the Draft Environmental Impact Report or by reviewing and analyzing a proposed Draft Environmental Impact Report submitted by the applicant and adding his comments thereto. The Planning Director or the Director of Public Works;may, at any time before the completion of the Negative Declaration or the Environmental Impact Report, require the applicant to furnish him with additional,information needed in reaching the determination and preparing the Negative Declar- ation or Draft Environmental Impact Report required of the Planning Director or the Director of Public Works. SECTION 10. Environmental Impact Report --Negative Declaration --Required Information. For any private project, which is not categorically exempt, requiring City approval, the applicant shall, at the time of filing his application, present information necessary to detennine the environmental effect of the project. Such information may be in the form of a proposed Draft Environmental Impact Report or such other form as the Planning Director or Director of Public Works shall permit. The applicant shall submit any other information determined by the Planning Director or Director of Public Works to be necessary in the preparation of the Environmental Impact Report or Negative Declaration. SECTION 11. Environmental Impact Report --Negative Declaration --Filing. A Environmental Impact Reports or Negative Declara ons shall be filed in the office of the Planning Director and processed in the same manner as pro- vided for the processing of variances, insofar as hearings are concerned. The Planning Director shall give notice as required by law of consideration, completion or determination of an Environmental Impact Report or Negative Declaration. The Planning Director shall also give such other notices re- lating to the Environmental Impact Report or Negative Declar- ation as the Planning Commission may direct. After approval of the Draft Environmental Impact Report or Negative Declar- ation by the Planning Commission the same shall be presented to the officer or body charged with final approval of the project. Mc All Draft Environmental Environmental Impact Reports and with the Planning Director shall spection. • Impact Reports and all Negative Declarations filed be made available for�7-p—UViiod-' In - Concurrently with the circulation of a Draft Environmental Impact Report or Negative Declaration to public agencies a copy shall be delivered to the City Librarian to be available for public inspection in the Public Library while the matter is being processed. Ninety days after any Environmental Impact Report or Negative Declaration has been adopted the City Librarian may discard the copy of the Draft Environmental Impact Report or Negative Declaration on file in the Library. SECTION 12. Report or Negative Declarat on, when completed by the Planning Director or Director of Public Works, shall be presented to the Planning Commission. The Commission shall, in every case where the project otherwise requires a hearing, set a hearing before the Planning 'Commission on the Draft Environmental Impact Report or Negative Declaration concurrently with the hearing on the project and include in the notice of hearing on the project notice of hearing on the Draft Environmental Impact Report or Negative Declaration together with such other notice as required by law., In cases where the project does not otherwise require a public hearing, the Commission shall direct that a copy of the Draft Environmentaal Impact Report or the Negative Declaration be filed and notice given as required by law together with such other notice as the Commission deems desirable. A hearing shall be held by the Commission not sooner than fourteen days after the report is presented to it. SECTION 13. Environmental Impact Report--Negati Declaration --Amen Commission Action Final. At any hearing on an Environmental Impact Report or Negative Declaration where the action of the Planning Commission in granting or refusing the permit will be final, the Planning Commission shall approve, amend or modify the draft report and shall thereafter adopt a final Environmental Impact Report or Negative Declaration. The Environmental Impact Report shall consist of the Draft Environmental Impact Report, all written communications received concerning the Environmental Impact Report, and an extract of the minutes of the proceedings before the Planning Commission concerning the project. SECTIJON 14. Environmental Impact Commission Action Vinal Unless Appealed. Upon anywclTon that is final with �e Planning Commission., unless the Planning Commission's determination is appealed to the City Council, the approval by the Planning Commission of the Draft Environ- mental Impact Report or Negative Declaration shall become adoption of the final Environmental Impact Report upon the expiration of the time for appeal if no appeal is taken. The Planning Director shall give notice accordinglyt. 0 0 SECTION 15. Environmental Impact Renort--Negative Commission Action Not Ninal. Un any matter upon which the Planning Commission's de ermination is subject to appeal to the City Council, or where the final approval of the project is vested in any officer or body other than the Planning Commission, the Planning Commission shall review and modify or amend, if it deems such action desirable, the Draft Environ- mental Impact Report or Negative Declaration and forward the same to the City Council or offic6r,?or agency vested with authority finally to approve the project, with its recommendation on the disposition to be made on the principal application. The Environmental Impact Report shall consist of the Draft Environmental Impact Report, all written communications received concerning the Environmental Impact Report and an extract of the minutes of the proceedings before the Planning Commission concerning the project and an extract of the minutes of the proceedings before the City Council on the project or the comments of the officer or body vested with authority finally to approve the project. SECTION 16. The City Clerk shall certify to the adoption of this resolution. Adopted and approved this 2nd day of April , 1973• U Ma r I hereby certify that the foregoing resolution was dgly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 2nd day of April , 1973, by the following vote of the Council: AYES: Councilmen: Rubio, Decker, Elark•;,,Solemv� NOES: Councilmen: Snyder ABSENT: Councilmen: None -5-