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HomeMy WebLinkAboutResolution No. 2743 RESOLUTION NO. 2743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING GUIDELINES RELATIVE TO THE PREPARATION OP ENVIRONMENTAL IMPACT REPORTS. WHEREAS, the State of California adopted the Environmental Quality Act of 1970 for the preservation of a quality environment for the people of the State, now and in the future as a matter of statewide concern, and WHEREAS, the California Supreme Court, in its decision, Friends of Mammoth, et al vs. Board of Supervisors of Mono County, filed September 21, 1972, held that the California Environmental Quality Act of 1970 applies to private as well as public activities, and WHEREAS, the City Council determines that such action is necessary for the protection of the environment in the City of Downey, and WHEREAS, such guidelines are necessary for the issuance of certain building Permits and City approvals in conformance With State Law. --- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Downey does hereby adopt the following guidelines relative to the preparation of Environmental Impact Reports: -A - GUIDELINES FOR PREPARING ENVIRONMENTAL IMPACT REPORTS (EIR) I PURPOSE AND INTENT - The purpose of this policy statement is to provide a guide for implementing the California Environmental Quality Act of 1970. It is the intent that procedures established herein will serve as criteria for preparing and evaluating Environmental Impact Reports in conformance with the Environmental Quality Act of the State of California. II AUTHORITY - The California Supreme Court, in its decision, Friends of Mammoth et al vs. Board of Supervisors of Mono County, filed September 21, 1972, held that the California Environmental Quality Act of 1970 (Public Resources Code Sections 21,000,21,151) applies to private activities for which a permit, lease, or other similar entitlement for use is required from a governmental agency, and that the provisions of Section 21,151 apply to such projects. The implementation of Section 21,151 requires that the City make an environmental impact report on any project which may have a significant effect on the environment. "Significant effect," includes those that degrade the quality of the environment, curtail the range of beneficial uses of the environment, serve as short-term, to the disadvantage of long-term, environmental or utilitarian goals. The term "Environmental" means the totality of man's surroundings; both social and physical, both natural and manmade." III EXEMPTIONS (1) The provisions of these guidelines do not apply to projects where a determination has been made that construction of the project is urgently needed because of a national, state or local emergency or a natural disaster. (2) No statement or notice shall be required to be filed for projects which are so minor that they could not have a significant effect on the environment, or projects of a purely social nature; that is, with no physical impact on the environment. The following projects for which permit applications are routinely received or for which work is routinely performed by the City, are deemed to have no significant effect upon the environment and no impact report shall be required: (a) Single family dwelling to bp constructed on lots zoned R-1 or lots created by a regular lot division pursuant to the provisions of the Downey Municipal Code. (b) Alterations and additions to existing residential buildings. (c) Miscellaneous permits for fencing, retaining walls, buildings accessory to residential uses, swimming pools, etc. (d) Two and three family dwelling units to be constructed on lots appropriately clasSified for use. (e) Interior alterations or remodeling of any building which does not extend the legal non-conforming life of the building, or affect the use or occupancy of the building; and alterations or additions to structures which do not substantially change the use thereof and signs not exceeding 42 square feet. (f) Municipal activities of a minor nature, necessary to maintain or improve existing transportation and utility services such as street resurfacing; minor water, storm drain and sewer extensions; and traffic signalization and sign installations. - -2 - (3) No statement or notice shall be required to be filed for projects or requests not previously set forth for which the City Planning Commission after reviewing a preliminary report thereon, determines the project or request has no significant effect upon the environ- ment. Such exemption declaration may be challenged and appealed to the City Council by following the appeal procedures outlined in X Part VII of the statement. If the challenge is concurred in by the City Council, the EIR exemption is automatically voided and is returned to the applicant proposing the project which must then undertake a study of the environmental impact of the project and submit an EIR, IV APPLICATION - The Act and requirements herein shall apply to all public and private activities for which a permit, lease, or other similar entitlement for use is required. Private activities include any construction project, subdivision approval, land division that is of major significance, zone variance or exception, conditional use permit or planned unit development, which has an effect upon the environment. Such projects considered significant or likely to be significant in terms of their environmental effects include: (1) Any project that is likely to be highly controversial on environmental grounds. (2) Any project falling under Section 4 (f) of the Department of Transportation Act; i.e. , "any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, state, or local significance as determined by the Federal, State or local officials having jurisdiction thereof, or any land from an historic site of national, state, or local significance." (3) Any project which will lead to a noticeable change in the surrounding noise level for a substantial number of people. (4) Any project which will displace significant numbers of people. (5) Any project which will divide or disrupt an established community, divide existing uses, e.q,, cutting off residential areas from recreation areas or shopping areas, or disrupt orderly, planned development. (6) Any project which will have a significant aesthetic or visual effect. (7) Any project which will have any effect on areas of unique interest or scenic beauty. (8) Any project which will destroy or derogate from important recreational areas not covered by Section 4 (f) of the DOT Act. (9) Any project which will substantially alter the pattern or behavior for a species. (10) Any project which will interfere with important breeding, nesting, or feeding grounds. (11) Any project which will lead to significantly increased air or water pollution in a given area. (12) Any project which will adversely affect the water table of any area. (13) Any project which will disturb the ecological balance of a land or water area. (14) Any project which will involve a reasonable possibility of contamination of a public water supply source, treatment facility, or distribution system. (15) Any project which will involve a reasonable possibility of creating a demand in excess of existing capacity for utility and Municipal services. 3 V EIR FORM REQUIRED: Each project will be judged by the Planning Department as to the extent of its environmental impact. Projects will be determined to be (1) exempt, as. specified in Part III of this statement; (2) of Minimal Environmental Impact, in which case a short form E.I.R. will be required; or (3) of Significant Environmental Impact, in which case a detailed E.I.R. will be required. The decision of the Planning Department regard- ing such determination shall be conclusive and will be based on the following criteria: (1) Will there be a significant use of a natural resource, such as land or water, required to implement the project? What will be the extent of the utilization of this resource (or resources)? Guidelines A project shall be determined to significantly use a natural resource if it: (1) is located in an area which is predominantly in agriculture, undeveloped, or open space use; (2) involves extractive or irreplaceable use of natural resources such as water, oil, or other minerals or materials; (3) causes or produces emissions or odors of any type into the atmosphere; (4) causes or produces any change in the water table or ground percolation process or disrupt any surface or under- ground streams; (5) requires any excessive surface cuts or fills disfiguring or altering the natural terrain. (2) Will the project result in extensive visual or aesthetic alter- ations to the area, and if so, how much? Guideline: Examples of such projects would include high rise structures of all types, major subdivisions, major construction projects, signs not in character with the surrounding neighborhood, new streets or highways other than resurfacing projects, and major storage areas. (3) Will the project result in future urbanization of the City or region and to what extent? Guideline: If the proposed project will result in further or future urbanization pressures, not only from the project itself, but ancillary to it or resulting from its existence, if implemented, it should be considered significant. For example, new commercial or industrial facilities could create a demand for more homes, transit facilities or shopping areas. (4) Will the project cause the displacement of families or individuals and to what extent? Guideline: Consideration will be to the number of people displaced by the project, and to the numbers and ability of these people to find adequate and similar housing in close proximity to the dis- placement area. (5) Will the project cause a substantially increased movement of people to and from the project area? Guideline: Shopping centers, high employment areas, major recreation areas, and projects housing large numbers of people increase local traffic flow and result in potential problems of congestion, noise, fumes, etc. Such projects must be con- sidered significant in terms of its environmental effects. (6) Is the project controversial in nature, regardless of resource use, costs, visual effects, etc. Guideline: If the project results in public controversy regardless of size, or supposed importance, it should be considered as significant and treated as having a major environmental effect. - 4 - VI PROCEDURE FOR FILING - Permittees for projects exempted from having to file Environmental Impact Reports as listed in Part III of this policy statement may apply for their license, permit or other similar entitle- ment as may be required following the normal procedures as outlined by Municipal Ordinances. Temporarily, until the procedures for implementing the Environmental Quality Act of 1970 are clearly operational, the permittees may also be asked to sign a disclaimer agreement available from the Department of Building and Safety. Such disclaimer agreements simply reference the court ruling requiring Impact Statements for private projects and places the applicant on notice that he is proceeding at his own risk in obtaining the permit. Projects requiring Environmental Impact Reports shall contain the information required herein. It shall be the responsibility of the applicant to obtain the information required and to submit six copies of the information in legible typewritten form on white paper, capable of being reproduced. The information submitted may be revised or re- written at the discretion of the City Planning Department before being submitted to the Planning Commission for review and determination. The City Planning Commission will consider the EIR at its first meeting after publication of a legal notice publicly advertising the project. This will give the public an opportunity to speak either for or in opposition to the project on its environmental merits. The Planning Commission will act on the EIR either by approving the report and project, in which case the applicant may secure the necessary licenses or permits in a normal manner; or the Commission may deny the project on the basis of its environmental merits. The Planning Commission will act on the EIR either by approving the report and project, in which case the applicant may secure the necessary licenses or permits in a normal manner; or the Commission may deny the project on the basis of its environmental merits. Such denial shall be in written form specifying how the proposed project adversely affects the environment with respect to each of the following points (1) The probable impact of the proposed project on the total Environment, as defined by the totality of man's surroundings; both social and physical, both natural and manmade. It includes human, plant, and animal communities and the forces that act on all three. Both primary and secondary significant consequences for the environment should be included in the analysis. (2) Any probable adverse environmental effects which cannot be avoided (such as water or air pollution, damage to wildlife populations and habitat, excessive noise or other consequences adverse to the environmental goals of the state. (3) Mitigation measures proposed to minimize the impact. An examin- ation and aitrriiie for the project which may reduce adverse effects on the environment or increase beneficial effect is essential. Environmental enhancement features of a project should be balanced against possible detri- mental effects of other features of the project. (4) Alternatives to the proposed project. An examination and objective evaluation of alternative actions including their costs and impact on the environment that might avoid or minimize some or all of the adverse environmental effects is essential. The alternative action of "no project" shall also be evaluated, (5) The relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity. The agency should assess the project for cumulative and long-term effects from the perspective that each generation is trustee of the environment for succeeding generations. (6) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. This requires the agency to identify the extent to which the action curtails or expands the range of beneficial uses of the environment. - 5 - No permits, licenses or other similar entitlements shall be issued for projects denied by the City Planning Commission on the basis of its environmental impact. The decision of the Commission shall be final, unless appealed to the City Council as specified in Part VII. VII APPEAL PROCEDURES: Appeal of City Planning Commission decisions regarding Environmental Impact Reports may be made to the City Council by filing a written —. notice of appeal with the City Clerk within fifteen (15) calendar days following the Planning Commission's action. Such appeal may be made by any interested party and may be filed without fee. Such notice of appeal shall set forth specifically wherein it is claimed the Commission's findings were in error and wherein the decision of the Commission is not supported by the evidence in the matter. Upon receipt of a notice of appeal, the Council shall consider the matter within thirty (30) calendar days from the time of filing the appeal. Such appeals shall be publicly advertised as to time and date of Council review and to the nature of the project proposed. VIII CONTENT OF ENVIRONMENTAL IMPACT REPORTS: The sponsor should recognize that each development project is different; that some projects are minor and create only negligible impact on the environment and require only a simply written text or narration, while others with more complex considerations might affect areas some distance beyond the project area and would require a more detailed report. For guidance concerning the type of EIR required, see Part V of this statement. The important thing is that the focus of the E.I.R. is on impact, and while reports may vary in scope and content, they should be sufficiently detailed to fully inform readers with no prior knowledge of the proposed plan, and to enable reviewers such as citizen groups, the Planning Commission or the City Council to comment on the adequacy of environmental considerations and to arrive at optimum plans. The initiating agency for "public projects" and the applicant or developer in cases of "private activities" shall bear the responsi- bility for providing the following information on the short or long form as required: SHORT FORM Projects of minimal environmental impact shall file a short form containing the following information: Name of project sponsor Sponsor's address Nature and description of project Address of project Answers to the following questions: (1) What is the environmental impact of the proposed project action? (2) Are there any adverse environmental effects which cannot be avoided if the proposal is implemented? If Yes, what are they? (3) What mitigation measures are proposed to minimize the impact? (4) What are the alternatives to the proposed action or project? (5) What is the project's relationship of short -term and long -term effects on man's environment? (6) Are there any irreversible environmental changes which would be involved in the proposed action or project should it be implemented? - 6 - LONG FORM (Full Environmental Impact Report) The following factors shall be included in a detailed Environmental Impact Report. Any factor that may be negatively affected by the proposed project should be explained by a detailed discussion including quantification of the impact. For example, if noise is determined to have an impact, a discussion of a noise factor should include specifications of amplitude in decibels, frequency in cycles per second, length of each occurrence. Each discussion should reflect the secondary effects of urbanization resulting from the project as well as the effects of the project alone. Items submitted in the detailed E.I.R, should include: 1. Name of sponsor 2. Address of sponsor 3. Project description A. Site location and area: Give location and areas of property in question; include boundary and vicinity maps to define precise and general locations. B. Nature of the proposal: Give general description of the proposal (purpose and function, number and types of building structures, etc.) including appropriate maps, plot plans, elevations, etc. which may be desirable for evaluation. 4. Effect on Public Services: A. Public Utilities: Indicate the effect of the project on the supply of electric power, natural gas, and potable water, and its effect on the discharge of storm water, sewage, and solid wastes. B. Public Services: Indicate the impact on the public schools, public parks, fire and police protection, library and public health facilities or other public services. Does the project help to off-set these costs by park land dedication, contribution to public revenue, etc? C. Traffic and Circulation: Does the project increase traffic flow to or from the site so as to cause congestion, traffic hazards or parking problems on or near the project's location? D. Public facilities: Does the project disrupt or interfere with an existing recreation area, school site, or other public facility or does the project make it difficult for a proposed public facility to be acquired or developed in the location as indicated on the City's Comprehensive General Plan? 5. Social Effects: A. Displacement: Does the project displace any number of families now residing in the project area? Give numbers of persons displaced and indication as to the extent of adequate and similar housing in close proximity to the displacement area. B. Privacy: Does the project provide for privacy of its occupants? Also, describe how the project preserves the privacy of neighboring residents. C. Light and ventilation: Does the project provide for adequate light and ventilation to its occupants and preserve the light and ventilation of neighboring residents? - 7 - 6. Physical Effects: A. Impact on land form and land use: Describe how the project conforms to the character of the established neighborhood. Does the project divide or disrupt existing or potential uses of surrounding property. Does the project disrupt surface or underground streams or require major surface cuts or fill disfiguring or altering the natural terrain? Are natural rock outcroppings or mature trees threatened by the project? Describe methods to minimize adverse effects, B. Impact of noise: Discuss proximity and extent of background noise as it affects the project. Describe noise levels, frequency, and repetition of occurrence of noise emitted by the project and how it affects the surroundings. Are there schools or hospitals in near proximity? Discuss measures proposed to minimize noise problems. C. Impact on water quality: Discuss the effects of the project on the hydrologic cycle and the water planning and manage- ment techniques. How does the project affect the water table, soil percolation, etc. Discuss the water to be used for irrigation, domestic supply, etc. Describe the project's control methods for preventing water pollution. D. Impact on air quality: Describe any anticipated contribution to air pollution or odor such as the anticipated number of trucks and automobiles the project will generate; the pol- lution from stationary sources such as exhaust stacks, stationary engines, dust and chemical pollution, etc. Describe methods for minimizing adverse effects. E, Impact on natural vegetation and wildlife: Does the project remove, or in any other way affect wildlife or water fowl refuge areas, or affect wildlife breeding, nesting, or feeding grounds? F. Impact on remaining open spaces: Is the project located in an area which is predominantly in agricultural, un- developed, or open space use? Describe any methods proposed to preserve or enhance the quality of open space. G. Impact on mineral resources: Does the project involve extractive or irreplaceable use of natural resources such as water, oil, or other minerals or materials? Describe possible methods of replenishment of such resources. H. Impact on historical or archeological features: Describe the impact of the project on any significant historical, archeological or cultural sites in the project area. Does the project involve the removal or conversion of historic buildings or sites, or is it located in close proximity to historical sites? I. Impact on visual and aesthetic quality: Indicate if the project affects areas of unique interest or scenic beauty. Describe the project"s visual or aesthetic contribution to the character of the established neighborhood. 7. Alternatives to the proposed action: Discuss the alternative design plans, locations, configurations, size, etc, which would be more or equally beneficial in minimizing or mitigating all adverse environmental effects determined in the foregoing sections. This section should delineate optimum methods for environmental benefit should the project be implemented; or towards delineation of other potential uses or actions in the event the project described is rejected. - 8 - 8. Relationship between local short-term uses of man's environment and the maintenance or enhancement of long-term productivity: Discussion of the long-run efficiency of the land use plan in terms of environmental resources preservation, balanced urban growth, planned urban development, control of air, water and land pollution, including the cumulative effects on natural resources that may be detrimental. Special attention should be given to effects on natural resources that may be detrimental. Special attention should be given to effects which narrow the range of beneficial uses of the environment or pose long-term risks to health and safety. Assess the project for cumulative and long- term effects from the perspective that each generation is trustee of the environment for future generations. 9. Are there any irreversible changes which would be involved in the proposed action should it be implemented: Describe the extent of which the project will cause irreversible and ir- retrievable commitment of resources or curtails (or expands) the range of beneficial uses of the environment. 10. Summary and conclusions of the E.I.R. Both adverse and positive environmental effects of the proposal as presented should be summarized, with specific attention given to those items which cannot be avoided by implementation of alternative actions. 11,. Additions, deletions, and alterations: Certain changes may be made to the E.I.R. during the review process where new or altered data is presented. Such changes and the content of the final draft shall be at the discretion of the City of Downey. Resolution No. 2735 hereby is rescinded. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 13th day of November, 1972. P , Mayor ATTEST: V ft ;i -ter' c. City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 13th day of November, 1972, by the following vote, to wit: AYES: 4 Councilmen: Jennings, Morton, DiLoreto, Temple NOES: 1 Councilmen: Winton ABSENT: 0 Councilmen: None 79/ ) - ,,Ty ,,,-/ tf City Clerk B w