CC RES 1976-024 RESOLUTION NO. 76-24
A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES,
CALIFORNIA, AMENDING CERTAIN REQUIREMENTS FOR REVIEW OF
ENVIRONMENTAL IMPACT REPORTS, AMENDING RESOLUTION NO.
74-28
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY
RESOLVES AS FOLLOWS:
Section 1. Section 6 of Resolution No. 74-28 , adopted
March 19, 1974 and amended April 1, 1975 and December 16, 1975,
is hereby amended to read:
"Section 6. Negative Declaration. If the project does
not receive a categorical, ministerial, or emergency exemption, the
project may still qualify for a negative declaration which eliminates
the need to file an environmental impact report on that project.
Projects for which this designation is desired must be described by
filling out the environmental assessment questionnaire, and by stat-
ing that the project will not have a significant effect on the en-
vironment. This questionnaire shall be submitted to the Environmental
Services Department prior to the filing of the project or application
for permit with the appropriate City department. The Planning Direc-
tor shall determine from the environmental assessment questionnaire
whether or not the project should receive a negative declaration,
a designation which would indicate that no further EIR will be
required, unless appealed. In order to designate a negative
declaration, the Planning Director must make a finding that the
project will not have a significant effect on the environment,
present a brief statement of reasons to support the findings, and
a statement indicating who prepared the initial study and where
a copy may be obtained. Upon designation of the project as a
negative declaration status, the Planning Department shall notify
the City Council, the Environmental Committee, the Homeowners
Association having jurisdiction, if any, the adjacent Homeowners-'
Association, the immediate adjacent property owners , and local
newspapers, and post this decision prominently near the Environmen-
tal Services Department. Any interested person may appeal this
decision in writing and state reasons for disagreement with the
decision within ten days of the posting. The applicant may also
appeal the decision of the Planning Director not to designate the
negative declaration status within ten days after notification
of such a decision. If an appeal is filed, the City Council
shall hold a public hearing on the appeal, receive evidence,
and decide whether to grant or deny the appeal."
Section 2. Section 7 of Resolution No. 74-28 , adopted
March 19, 1974 and amended April 1, 1975 and December 16 , 1975 ,
is hereby amended to read:
"Section 7. Requirements.
11/ A. Except as specified in Sections 2 , 3, 4 , or 6 ,
all private parties and public agencies, including the City
of Rancho Palos Verdes, which intend to carry out public projects
must file an environmental impact report on the project. An en-
vironmental impact report is a report and shall contain the fol-
lowing:
1. Description of project, including precise loca-
tion and map, statement of objectives of project, and descrip-
tion of technical, economic, environmental characteristics, and
supporting public service facilities.
2. Description of environmental setting.
3. Environmental impact:
(a) The environmental impact of the proposed ac-
tion, including both long and short-term effects.
(b) Any adverse environmental effects which cannot
be avoided if the proposal is implemented.
(c) Mitigating measures proposed to minimize the
impact.
(d) Alternatives to the proposed action.
(e) The relationship between local short-term uses
of man' s environment and the maintenance and enhancement of long-
term productivity.
(f) Any irreversible environmental changes which
would be involved in the proposed action should it be implemented.
(g) The growth inducing impact of the proposed action.
4 . Organizations and persons consulted.
5 . Water quality aspects insofar as the proposed project
has been previously certified by the appropriate state organization
as being in compliance with water quality standards.
B. The applicant must submit a rough draft of the EIR which
will be independently evaluated and analyzed by the Environmental
Services Department. The applicant shall respond to comments and
issues raised in this analysis by incorporating responses and revi-
sions as appropriate and submit a draft EIR. The draft EIR will be
reviewed no sooner than 30 calendar days nor longer than four months
by the Environmental Committee.
C. The Planning Director shall require an environmental impact
report processing fee to recover estimated duplication, distribution,
and legal advertising expenses which are incurred by the City pursuant
to procedures described in this section. "
Section 3 . Section 8 of . Resolution No. 74-28 , adopted March
19, 1974 and amended April 1, 1975 and December 16 , 1975, is hereby
amended to read:
"Section 8 . Review and Formulation of Final EIR.
A. Notification of Public Agencies. Immediately upon receipt
of the draft EIR, the City shall notify public agencies having jur-
isdiction by law, persons having special expertise with respect to
any environmental impact involved, and the general public that a
draft EIR has been received. If the agencies or persons intend
to submit written comments, the City shall be so notified within
fourteen calendar days.
B. The Review Process. The Environmental Committee shall
hold a public hearing on the draft EIR for the purpose of taking
evidence. Notice of such hearing shall be given to the appropriate
Homeowners Association, if any, the surrounding property owners,
and posted at City Hall ten days in advance of the hearing and
notice given to the local newspaper. The duty of the Environmental
Committee will be to expeditiously review the draft document, re-
ceive public comment regarding the draft EIR, and ascertain that the
EIR adequately describes the environmental effects of the proposed
project. By motion, the Environmental Committee will amend the
draft EIR as is necessary to determine whether the project will or
will not have a significant effect on the environment and recommend
the adoption of the statement as an EIR of the City of Rancho Palos
Verdes to the appropriate decision-making body. In addition to
admendments and changes in the draft EIR, public statements made at
the hearing as recorded in the minutes and letters from citizens re-
garding the draft impact report shall be responded to, if necessary,
and included as an appendix to the EIR. In regard to subdivision
projects , the Environmental Committee may make the finding that the
proposed subdivision is likely or is not likely to ` cause substan-
tial environmental damage or substantially unavoidable injury to
fish, wildlife, and other habitat. ' (Section 11549 .5 , Business and
Professional Code, State of California. ) "
Section 4 . Section 10 of Resolution No. 74-28, adopted
March 19, 1974 and amended April 1, 1975 and December 16, 1975, is
hereby amended to read:
"Section 10. Review. For purposes of review of the EIRs ,
the City Council specifies that the Environmental Committee will be
the primary local planning agency to perform such function. "
Section 5. Effective Date. This resolution shall become
effective on all applications filed after the date this resolution
is adopted.
Section 6 . The Mayor shall sign this resolution and the
City Clerk shall attest and certify to the passage and adoption there-
of.
APPROVED AND ADOPTED this 20th day of April , 1976 .
MAYOR
LEONARD G. WOOD, City Clerk and
Ex Officio Clerk of the Council
A
By
Deputy
Resolution No. 76-24