CC RES 1974-028 AMENDED BY RESOLUTION NO. 75-104, December 16, 1975
RESOLUTION NO. 74-28
A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES,
CALIFORNIA, ADOPTING THE ENVIRONMENTAL ACT OF THE CITY
OF RANCHO PALOS VERDES AND IMPLEMENTING "THE GUIDELINES
FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970" AS AMENDED DECEMBER 17, 1973
WHEREAS, through its various agencies and functions, the City has a
major role in preserving and improving the environment, including natural
resources and the aesthetic factors which contribute to the quality of life
within this area; and
WHEREAS, the City of Rancho Palos Verdes has a responsibility to exert
influence on and testify before various agencies which directly or indirectly
set forth policy affecting Rancho Palos Verdes' environment; and
WHEREAS, it is the intent of the City of Rancho Palos Verdes to establish
a process for the filing and review of Environmental Impact Reports which is
consistent with Sections 21000 through 21174, the Public Resources Code, and
pursuant to regulations established by the California Resources Agency; and
WHEREAS, these guidelines are known as "Guidelines for Implementation of
the California Environmental Quality Act of 1970" as amended December 17, 1973,
as issued by the Office of the Secretary for Resources; and
WHEREAS, the processes outlined in this resolution are intended to supple-
ment, not conflict with, the Guidelines insofar as the Guidelines are general
and leave flexibility to local governments for establishing many specific
procedures.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
resolve as follows:
Section 1. Policy. It is the policy of the City of Rancho Palos Verdes
to:
Ensure that the long-term protection of the environment shall be a funda-
mental criterion in public decisions;
Ensure that all agencies of the City of Rancho Palos Verdes which are
empowered to regulate activities within the City shall regulate such activities
in such a manner so that major consideration is given to preventing long and
short term environmental damage. The City shall also strongly encourage other
public agencies which operate within the City to give like consideration to
possible environmental damage by projects under their control;
Whenever possible, preserve for future generations, natural areas repre-
senting plant and animal communities native to the area;
Do all that is possible to preserve the natural amenities of the hillsides
and coastline;
Take all feasible steps to improve the quality of air and water in the
South Coast Basin;
Encourage the representation of the environmental policy of the City before
appropriate governmental bodies affecting the Rancho Palos Verdes environment;
Review all environmental impact studies performed under Section 21100 of the
Public Resources Code or the Rancho Palos Verdes City Environmental Act for
projects which affect the Rancho Palos Verdes environment, and if found not
to be satisfactory, seek to initiate mitigating measures or alternative courses
of action or, if in the opinion of the City Council the expected disadvantages
outweigh the expected advantages, then seek to prohibit the project;
Use the City's capital improvement program as a tool to promote environ-
mentally desirable development and to discourage environmentally undesirable
development.
Section 2. Environmental Impact Reports.
Categorical Exemptions. The following classes of projects do
not have a significant effect on the environment and are declared to be cate-
gorically exempt from the requirement for the preparation of environmental docu-
ments except as further defined in Section 5:
Class 1: Existing Facilities. Class 1 consists of the opera-
tion, repair, maintenance or minor alteration of existing public or private
structures, facilities, mechanical equipment or topographical features, involv-
ing negligible or no expansion of use beyond that previously existing, including:
Repair, maintenance, operation, and alterations of existing
structures, features, facilities, and equipment.
Additions to existing structures of not more than 50 percent
of the floor area or 2500 square feet, whichever is less.
Conditional use permit to divide existing multiple family
rental units into condominiums.
Class 2: Replacement or Reconstruction. Class 2 consists of
replacement 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:
Replacement of structures with a new structure of substantially
the same size and purpose.
Replacement or reconstruction of existing schools and hospitals
to provide earthquake resistance which do not increase capacity by more than
50 percent.
Class 3: New Construction of Small Structures. Class 3 con-
sists of construction and location of single, new facilities or structures
listed in this notice and installation of new equipment and facilities including
but not limited to:
New residential structures on existing lots.
Motels, apartments, and duplexes designed for not more than four
dwelling units if not in conjunction with the building of two or more units.
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.
Accessory structures.
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:
Grading permits on land with a slope of less than 10 percent.
Special Use and Development permits for temporary uses such as
carnivals, sales of Christmas trees, etc.
Minor alterations in the condition of land, water and/or vegeta-
tion (not including tree removal, except in single family uses) .
Page 2 Res. 74-28
Class. 5:_ Alterations- in Land Use Limitations. Class 5
consists of minor -alterations in land use limitations, except zoning, .
including but not limited to
Minor except ions and variances.
• - . Lot line adjustments.
I.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 environs. .
• . . :mental 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: • Regulatory Actions for Protection of Natural Resources.
Class 7 consists of actions taken by regulatory agencies, as authorized by state •
. - :: . law or local ordinance.,,':to assure:the-maintenance, restoration, or enhancement
of a natural resource, including but not limited to wildlife preservation. Corr
struction activities are not included in this- exemption.
Class 8:- .Regulatory Actions for the Protection of the Environ-
. ment. Class 8 consists of actions taken by regulatory agencies, as authorized
. by state .law or-local ordinance, to assure the maintenance, restoration, enhance-
went, - or protection of the environment, including but not limited to: Actions
. taken by regulatory agencies to protect,. maintain, restore and enhance the
environment, construction activities, etc.
Class 9: Inspections. Class 9 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 10: Loans. Class 10 consists of loans made by the
Department of Veterans Affairs under the Veterans Farm' and Home Purchase Act of _
1943 and-mortgages for existing structures.
Class 11: Accessory Structures. Class 11 consists of con-
struction, or placement of minor structures accessory to (appurtenant to) exist-
ing comanercial, industrial, or institutional facilities, including but not
limited to:
•
• Small parking lots.
. . Signs.
Class 12:. Surplus Government Property Sales. Class 12 consists
of sales of surplus government property except for parcels of land in an area •
of statewide interest or critical concern.
Section 3. Emergency Projects. Emergency projects as defined herein shall
be exempted from the requirement for environmental impact report. Emergency
projects include:
A. Maintenance, repair, restoration, •demol ition or replacement of
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.
B. Emergency repairs to public service facilities necessary to main- -
,7 tain service.• .
C. Projects undertaken as immediate action necessary to prevent or .
• mitigate an emergency.
Section 4. Ministerial Projects. Ministerial projects, -as defined herein,
shall be exempted from the requirement for environmental impact report. . Minis-
terial projects include, .but are not limited to:
Page .3. Res. 74-28
. •, y,-.*!i t+.� VO R .. j•VI + h. E'f. fi a1 4t'�'' •' ;++#I ifj•t NI;!-8f4 1!" s 't'N 71#"`e- -i1'e /)00. t '11,7')V.'f 4.:*4 1,(-t#. Pc f '.''`f,
Issuance of building and related permits, except as required
elsewhere for significant projects of a discretionary nature.
Issuance of business licenses and home occupation permits.
Approval of final subdivision maps.
Approval of individual utility service connections and
disconnections.
Issuance of occupancy permits.
Issuance of public works permits.
Section 5. Exception by Location. Cumulative Impact Class 3, 4, 5, 6,
and 11 are qualified by consideration of location. For an interim period, until
the adoption of a General Plan and appropriate land use development codes, the
City Council hereby designates the entire City as a particularly sensitive environ-
ment. Moreover, all exemptions for 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 1.
Section 6. Negative Declaration. If the project does not receive a cate-
gorical, 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
stating that the project will not have a significant effect on the environment.
This questionnaire shall be submitted to the Planning Department prior to the
filing of the project or application for permit with the appropriate City depart-
ment. The Planning Director 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 Assess-
ment Committee, the appropriate Homeowners Association, if any, the immediate
adjacent property owners, and local newspapers and post this decision prominently
near the Planning Department. Any interested person may appeal this decision in
writing and state reasons for disagreement with the decision within ten working
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 Environmental Assess-
ment Committee will review the environmental questionnaire and determine whether
the environmental impact statement is required, or the negative declaration
upheld. The applicant or a member of the City Council may appeal the decision
to the City Council within five days of the Environmental Board decision.
Section 7. Requirements.
A. Except as specified in Sections 2, 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 enviromental impact report on the
project. An environmental impact statement is a report and shall contain the
following:
1. Description of project including precise location and map,
statement of objectives of project, and description 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 action includ-
ing both long and short effects.
Page 4 Res. 74-28
(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.
II/ 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 draft of the EIR which will be reviewed
no sooner than 30 calendar days nor longer than 40 calendar days by the Environ-
mental Assessment Committee.
C. The Planning Director shall require an environmental impact report pro-
cessing fee to recover estimated duplication, distribution, and legal advertis-
ing expenses which are incurred by the City pursuant to procedures described in
this section.
Section 8. Review and Formulation of Final En.
A. Notification of Public Agencies. Immediately upon receipt of the
draft EIR, the City shall notify the public agency which has jurisdiction by
law with respect to the project that a draft EIR on the project has been
received. If the public agency intends to submit written comments, it shall
notify the City within fourteen calendar days.
B. The Review Process. The Environmental Assessment Committee shall
hold an informal public hearing on the draft environmental impact statement.
Notice of such hearings shall be given to the appropriate Homeowners Associ-
ation, if any, the immediate adjacent property owners, and posted at City Hall
ten working days in advance of the hearing and notice given to the local news-
paper. The duty of the Environmental Assessment Committee will be to expedi-
tiously review the draft document, receive public comment regarding the draft
EIR, and ascertain that the EIR adequately describes the environmental effects
of the proposed project. By motion, the Environmental Assessment 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 amendments and changes in
the draft EIR, public statements made at the hearing as recorded in the Board
minutes and letters from citizens regarding the draft impact statement shall
be included as an appendix to the recommended EIR. In regard to subdivision
projects, the Environmental Assessment Committee may make the finding that the
proposed subdivision is likely or is not likely to "cause substantial environ-
mental damage or substantially unavoidable injury to fish, wildlife, and other
habitat." (Section 11549.5, Business and Professional Code, State of California.)
Section 9. Final Adoption. The appropriate decision-making body (which
shall be the Planning Committee or City Council, as is appropriate) shall
receive and certify that the final EIR has been completed in compliance with
CEQA and the state guidelines and that it has reviewed and considered the
contents of the report when it makes the decision on the project.
Section 10. Review. For purposes of review of the environmental impact
statements, the City Council specifies that the Environmental Assessment Com-
mittee will be the primary local planning agency to perform such function.
Page 5 Res. 74-28
Section 11. Effective Date. This resolution shall become effective on
all projects filed after the date this resolution is adopted. Projects filed
for prior to this date shall be covered by procedures established in Ordinance
No. 16 U.
Section 12. The Mayor shall sign this resolution and the City Clerk shall
attest and certify to the passage and adoption thereof.
APPROVED AND ADOPTED this 19th day of March, 1974.
4 ' ,/ AO,
MAYOR /
LEONARD G. WOOD, City Clerk and
Ex Officio Clerk of the Council
By __AQQ6e7lalaYLI,04. --
Deputy
Page 6 Res. 74-28