HomeMy WebLinkAboutResolution No. 2778 RESOLUTION NO. 2778
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING REVISED GUIDELINES RELATIVE TO THE PREPARATION
OF 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 California State Legislature directed the State office
of Planning and Research to develop guidelines for the preparation
of Environmental Impact Reports, and such guidelines have been
adopted by the Resources Agency of California, and
WHEREAS, all cities and counties within the State of California
are required to adopt guidelines which comply with the officially
adopted guidelines of the State, 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:
GUIDELINES FOR PREPARING
ENVIRONMENTAL IMPACT REPORTS (EIR)
City of Downey
prepared by the
Downey City Planning Department
second revision
February 21 , 1973
i
ENVIRONMENTAL IMPACT REPORT GUIDELINES
TABLE OF CONTENTS
SUBJECT SECTION PAGE
PURPOSE AND INTENT I 1
AUTHORITY II 1
DEFINITIONS III 1
GENERAL RESPONSIBILITIES IV 4
Public Agencies IV (1) 4
Lead Agency Principle IV (1) (a)
Designation of Lead Agency IV (1) (b) 4
Obligations of Lead Agency IV (1) (c) 5
State Office of Planning and Research IV (2) 5
Secretary of Resources Agency IV (3) 5
APPLICATION V 6
State and Local Agency Projects V (1) 6
Private Projects V (2) 6
Federal Projects V (3) 7
Projects of Similar Nature (Single EIR) V (4) 7
Changes to Initial Projects (Subsequent EIR) V (5) 7
Multiple and Phases Projects V (6) 7
Ongoing Project V (7) 8
Emergency Project V (8) 8 8
Feasibility and Planning Studies V (9) 9
Ministerial Projects V (10)
DETERMINING SIGNIFICANT EFFECT VI 9
Possible Findings of Significance VI (1) 10
Mandatory Findings of Significance VI (2) 10
Findings of Insignificance (Nagative Declaration) VI (3) 10
EIR PROCEDURE (Process) VII 11
TIME SCHEDULE VIII 12
EIR APPEAL IX 13
FILING FEES X 13
CONTENTS OF ENVIRONMENTAL IMPACT REPORTS XI 13
Name, Address, Telephone of Sponsor XI (1) 13
Description of Project XI (2) 13
Description of Environmental Setting XI (3) 14
Environmental Impact XI (4) 14
Organizations and Persons Consulted XI (5) 17
Contents of Final Report XI (6) 17
CATEGORICAL EXEMPTIONS XII 18
Class 1: Existing Facilities XII (1) 18
Class 2: Replacement or Reconstruction XII (2) 19
Class 3: New Construction of Small Structures XII (3) 19
Class 4: Minor Alterations to Land XII (4) 19
Class 5: Alterations to Land Use Limitations XII (5) 20
Class 6: Information Collection XII (6) 20
f Class 7: Regulatory Actions for Resource Protection XII (7) 20
Class 8: Regulatory Actions for Environment Protection XII (8) 20
L—J Class 9: Inspections XII (9)
20
Class 10: Loans XII (10) 20
Class 11: Accessory Structures XII (11) 20
Class 12: Surplus Government Property Sales XII (12) 20
Relation to Ministerial Projects XII (13) 20
Exception by Location XII (14) 21
Revisions to List of Categorical Exemptions XII (15) 21
APPENDICES XIII 21
Environmental Impact Report Process Flow Chart XIII (1) 22
Agencies of Legal Authority and Special Expertise XIII (2) 23
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 Calirrnia. An
Environmental Impact Report is an informational document which, when
fully prepared in accordance with the California Environmental Quality
Act and these Guidelines, will inform public decision - makers and the
general public of the environmental effects of projects they propose
to carry out or approve. The EIR process is intended to enable public
agencies to evaluate a project to determine whether it may have a
significant effect on the environment, examine and institute methods
of reducing adverse impacts, and consider alternatives to the project
as proposed. These things must be done prior to approval or disapproval
of the project. An EIR may not be used as an instrument to rationalize
approval of a project, nor do indications of adverse impact, as enunciated
in an EIR, require that a project be disapproved -- public agencies
retain existing authority to balance environmental objectives with economic
and social objectives.
II AUTHORITY - The regulations contained herein conform to the guidelines
prescribed by the Secretary for Resources pursuant to authority granted
in Public Resources Code Section 21083 to be followed by all state
agencies, boards, and commissions, all counties, cities and counties,
cities including charter cities, regional agencies, public districts,
redevelopment agencies, and all other political subdivisions of the State
in the implementation of the Environmental Quality Act of 1970 dealing
with environmental quality, the evaluation of projects, and the preparation
and evaluation of environmental impact reports. The bases for these
Guidelines have been developed by the Office of Planning and Research and
adopted by the Secretary for Resources in accordance with Section 21083 of
the Public Resources Code.
III DEFINITIONS Whenever the following words are used in these Guidelines,
unless otherwise defined, they shall have the meaning ascribed to them
in this Section. These definitions are intended to clarify but not
to replace or negate the definitions used in California Environmental
Quality Act.
(1) Approval means the decision by a public agency which commits
the agency to a definite course of action in regard to a project
intended to be carried out by any person. The exact date of
approval of any project is a matter determined by each public
agency according to its rules, regulations, and ordinances.
Legislative action in regard to a project often constitutes
approval.
In connection with private activities, approval occurs upon
the earliest commitment to issue or the issuance by the public
agency of a discretionary contract, grant, subsidy, loan, or
other form of financial assistance, lease, permit, license,
certificate, or other entitlement for use of the project.
(2) CEQA - California Environmental Quality Act.
En ronmental Quality Act (CEQA) means California Public
Resources Code Sections 21000 through 21174.
Categorical Exemption. Categorical Exemption means an exception
(3 ) g P 9 P
from the requirement for the preparation of an environmental
impact report for a class of projects based on a finding by
the Secretary for Resources that the class of projects does
not have a significant effect on the environment.
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(4) Discretionary Project. Discretionary project means an activity
defined as a project which requires the exercise of judgment,
deliberation, or decision on the part of the public agency or
body in the process of approving or disapproving a particular
activity, as distinguished from situations where the public
agency or body merely has to determine whether there has been
conformity with applicable statutes, ordinances, or regulations.
r (5) Emergency. Emergency means a sudden and catastrophic calamity
caused by an occurrence or combination of occurrences of state-
wide or local impact, such as fire, flood, earthquake, or
other natural disaster, riot, war, accident or sabotage.
(6) Environment. Environment means the physical conditions which
exist in the area which will be affected by a proposed project
including land, air, water, minerals, flora, fauna, ambient
noise, objects of historic or aesthetic significance.
(7) EIR - Environmental Impact Report. Environmental Impact Report
tEIR) means a detailed statement setting forth the environmental
effects and considerations pertaining to .a project as specified
in Section 21100 of the California Environmental Quality Act.
(a) Draft EIR means an EIR containing the information
specified in Section XI of these Guidelines.
(b) Final EIR means an EIR containing the information
specified in Section XI of these Guidelines, a
section for comments received in the consultation
process, and the response of the Responsible Agency
to the comments received. This term is discussed in
detail in Section XI (6).
(8) EIS - Environmental Impact Statement. Environmental Impact
Statement (EIS) means an environmental impact report prepared ... pursuant to the National Environmental Policy Act (NEPA). The
Federal Government uses the term EIS in the place of the
term EIR which is used in CEQA.
(9) Feasible. Feasible means capable of being accomplished in
a successful manner by reasonably available, economic, and
workable means.
(10) Lead Agency. Lead Agency means the public agency which has
the principal responsibility for carrying out or approving a
project which may have a significant effect on the
environment where more than one public agency is involved
with the same underlying activity.
(11) Local Agency. Local Agency means any public agency other than
a state agency, board or commission. Local agency includes
but is not limited to cities, counties, charter cities and
counties, special districts, redevelopment agencies and any
board, commission, or organizational subdivision of a local
agency when so designated by order or resolution of the
governing legislative body of the local agency.
(12) Ministerial Projects. Ministerial projects as a general rule,
include those activities defined as projects which are under-
taken or approved by a governmental decision which a public
officer or public agency makes upon a given state of facts in a
prescribed manner in obedience to the mandate of legal authority.
With these projects, the officer or agency must act upon the
given facts without regard to his own judgment or opinion
concerning the propriety or wisdom of the act although the
statute, ordinance, or regulation may require, in some degree,
a construction of its language by the officer.
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(13) Negative Declaration. Negative declaration means a statement
by the public agency that will carry out or approve a
project that a project, although not categorically exempt,
would not have a significant effect on the environment and
therefore does not require an EIR. The term "Exemption
Declaration" is interchangeable with the term "Negative
Declaration ".
(14) Notice of Completion. Notice of Completion means a brief
report filed with the Secretary for Resources as soon as
a public agency has completed a draft EIR and is prepared
to send out copies for review. The contents of this notice
are explained in Section VII (3).
(15) 15 Notice of Determination. Notice of Determination means a
brief notice to be filed by a public agency when it approves
or determines to carry out a project which is subject to
the requirements of CEQA. The contents of this report are
explained in Section VII (8).
(16) Person. Person includes any person, firm, association,
org zany ation, partnership, business, trust, corporation,
company, district,county, city and county, city, town,
the State, and any of the agencies' political subdivisions
of such entities.
(17) Project.
(a) Project means the whole of an action, resulting in
physical impact on the environment, directly or
ultimately, that is any of the following:
(1) An activity directly undertaken by any public
agency including but not limited to public
works construction and related activities,
clearing or grading of land, improvements
to existing public structures, enactment and
amendment of zoning ordinances, and the
adoption of local General Plans or elements
thereof.
(2) An activity undertaken by a person which
is supported in whole or in part through
public agency contracts, grants, subsidies,
loans, or other forms of assistance from one
or more public agencies.
(3) An activity involving the issuance to a person
of a lease, permit, license, certificate, or
other entitlement for use by one or more public
agencies.
(b) Project does not include:
(1) Anything specifically exempted by state law;
(2) Proposals for legislation to be enacted by the
state Legislature.
(3) Continuing administrative or maintenance
activities, such as purchases for supplies,
personnel- related actions, emergency repairs
to public service facilities, general policy
and procedure making (except as they are
applied to specific instances covered above),
feasibility or planning studies.
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(4) The submittal of proposals to a vote of the
people of the State or of a particular community.
(18) Public Agency. Public agency includes any state agency, board
or commission and any local or regional agency, as defined in
these Guidelines. It does not include the courts of the State.
This term does not include agencies of the Federal Government.
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(19) Responsible Agency. Responsible agency means the public agency
which proposes to undertake or approve a project, and is
responsible for making a Negative Declaration or for the
preparation of an EIR.
(20) Significant Effect. Significant effect means a substantial
adverse impact on the environment.
IV GENERAL RESPONSIBILITIES -
(1) Public Agencies. All public agencies are responsible for
complying with the CEQA, according to these Guidelines. Where
a public agency prepares an EIR itself, contracts with private
experts to do the preparation, or requests >lformation in the
form of a draft EIR, the public agency is responsible entirely
for the adequacy and objectivity of the EIR. Public agencies
should carry out their responsibilities for preparing and.
reviewing EIR's within a reasonable period of time. The
requirement for the preparation of an EIR should not cause undue
delays in the processing of applications for permits or other
entitlements to use.
a. Lead Agency Principle. Where a project is to be
carried out or approved by more than one public agency,
only one EIR or Negative Declaration shall be made,and
it will be prepared by the Lead Agency. For the
purposes of these Guidelines, only one EIR or Negative
Declaration shall be made by the Lead Agency for an
ongoing activity even where the activity involves,
at different stages, more than one definition of a
project as defined in Section III (17).
b. Designation of Lead Agency. Where two or more public
agencies are involved with a project, which agency
shall be the Lead Agency shall be determined by the
following principles:
(1) The Lead Agency shall be the public agency
which proposes to carry out the project.
(2) If the project is to be carried out by a
non- governmental person, the Lead Agency shall
be the public agency with the greatest res-
ponsibility for supervising or approving the
project as a whole. The Lead Agency will
generally be the agency with general govern-
mental powers rather than an agency with a
single or limited purpose which is involved
by reason of the need to provide a public
service or public utility to the project; in
such cases, the single or limited purpose
agency will, upon request, provide data
concerning all aspects of its activities
required to furnish service to the project
to the agency drafting the EIR, and no separate
EIR will be required in regard to such activities.
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(3) Where more than one public agency equally meet
the criteria set forth in paragraph b above, the
agency which is to act first on the project in
question shall be the Lead Agency (following
the principle that the environmental impact
should be assessed as early as possible in govern-
mental planning).
(4) In the event that the designation of a Lead Agency
is in dispute among public agencies, any public
agency may submit the question to the office of
Planning and Research which shall designate the
Lead Agency based on consideration of the above
priorities, along with consideration of the capacity
of such agency to adequately fulfill the require-
ments of the CEQA.
c. Obligation of a Lead Agency.
(1) In these Guidelines, wherever reference is made
to the responsible agency for a project, this
shall be the Lead Agency when more than one public
agency is involved in undertaking or approving
the project. The Lead Agency shall meet all
obligations for which the responsible agency
is responsible, including the determination
of whether the project will or will not have
a significant effect on the environment.
(2) The Lead Agency shall prepare or cause to be
prepared the EIR or Negative Declaration after
consultation with all other public agencies
which must approve the project in question or
a part of the project. To insure that the EIR
or Negative Declaration reflects the concerns
of all the public agencies involved, the Lead
Agency should consult with public agencies
which will issue approvals for the project.
This consultation shall be done at an early
stage of the development of the EIR.
(3) A Lead Agency shall include in its Notice of
Completion a statement to the effect that it is
a Lead Agency.
(4) The EIR prepared by the Lead Agency shall be
considered by every public agency prior to its
approval or disapproval of the project.
(2) State Office of Planning and Research (OPR). OPR is responsible
for the preparation and development of principles, objectives,
criteria and definitions to implement the CEQA, prior to adoption
by the Secretary for Resources. OPR also, as part of guideline
development, shall consider proposals for Categorical Exemption
and makes appropriate recommendations to the Secretary for
Resources. OPR shall be responsible for resolving disputes over
Lead Agency designation.
(3) The Secretary of the Resources Agency. The State guidelines have
been officially adopted by the Secretary of the Resources Agency,
including a finding that each class of projects given a Categorical
Exemption will not have a significant effect on the environment. He
also has the responsibility for consolidating all state comments
on federally sponsored projects. The Secretary of the Resources
Agency may issue supplements to these Guidelines, containing
amendments and /or additions.
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V APPLICATION - The Act and requirements herein shall apply to all public
and private projects which may have a significant effect on the
environment and which involve discretionary governmental action.
Where it can be seen with certainty that the activity in question
will not have a significant effect on the environment, the activity
is not covered by the requirements set forth in CEQA, and these
Guidelines concerning the evaluation of projects and the preparation
and review of environmental impact reports do not apply.
(1) State and Local Agency Projects (Public Projects)
(a) When a public agency plans to carry out a project which
may have a significant effect on the environment, the
public agency shall prepare an EIR through its own
efforts or through contract.
(b) Where a project which may have a significant effect on
the environment is to be carried out by a non - governmental
person subject to approval, financial support, or some
other involvement by a public agency, the public agency will
prepare an EIR by its own efforts or by contract. However,
the agency may require the person to supply data and
information, both to determine whether the project may
have a significant impact on the environment, and to assist
in the preparation of an EIR by the agency. This information
may take the form of a draft EIR, if the agency desires.
(c) Where the project is to be undertaken by a local agency,
as defined in these Guidelines, but requires state approval
or financial assistance, the state agency shall require the
local agency to prepare the EIR or Negative Declaration, to
be submitted with the request for approval of the proposed
project. This must also be done where federal funds are
involved, but only if a state agency has discretionary
authority over the use of those funds. If the local
project has been mandated on the local agency by a state
agency, the EIR prepared by the local agency may be limited
to consideration of those factors and alternatives which
do not conflict with the order.
(d) The EIR may be prepared as a separate document, or as part
of a project report. If prepared as a part of the project
report, it must still contain in one separate and distin-
guishable section the elements required of an EIR, including
the seven elements specified in Section XI (4) of these
Guidelines.
(e) All public and private activities or undertakings pursuant
to or in furtherance of a redevelopment plan constitute a
single project, which shall be deemed approved at the time
of adoption of the redevelopment plan by the legislative
body. The EIR in connection with the redevelopment plan
shall be submitted in accordance with Section 33352 of the
Health and Safety Code.
(f) All of the above is subject to modification according
to the regulations governing the lead agency principle,
that not more than one EIR shall be prepared in connection
with the same underlying activity.
(2) Private Projects. Projects undertaken by a person other than
a public agency which are supported in whole or part through
contracts, grants, subsidies, loans, or other forms of
assistance from one or more public agencies or which involve
the issuance to a person of a lease, permit, license, certificate,
or other entitlement to use by one or more public agencies require
the preparation of an environmental impact report if the project
may have a significant effect on the environment and the project
involves discretionary governmental action unless the project is
otherwise exempted by these Guidelines. The public agency with
discretionary control over the project shall be responsible for
preparing the environmental impact report (see State and Local
Agency project). - 6 -
(3) Federal Projects.
(a) In regard to any proposed federal project in this state
which may have a significant effect on the environment
and on which the state officially comments, the state
officials responsible for such comments shall include
in their convents an EIR setting forth the matter
specified in Section XI of these Guidelines.
(b) In cases where these Guidelines require the preparation
of an EIR by a responsible agency and an EIS has been or
will be prepared for the same project pursuant to the
requirements of the National Environmental Policy Act of
1969 and implementing regulations thereto, all of any
part of such statement may be submitted in lieu of all
or any part of an EIR required by these Guidelines,
provided that the EIS or the part thereof so used, shall
comply with the requirements of these Guidelines. In
most cases where the federal EIS is used, discussion of
mitigation measures and growth inducing impact will have
to be added because these element are required by CEQA
but not by the National Environmental Pplicy Act.
(4) Projects of Similar Nature - Use of a Single EIR. A responsible
agency may employ a single EIR to describe more than one project,
if such projects are essentially the same in terms of environmental
impact. Further, a responsible agency may use an earlier EIR
prepared in connection with an earlier project to apply to a
later project, if the circumstances of the projects are essentially
the same. Agencies may elect to write EIR's in advance for entire
programs or regulations, in order to be prepared for project
applicationsio come. Whenever an agency chooses to utilize any
of these alternatives, however, it must find that the environmental
effects of the projects are similar enough to warrant the same
treatment in an EIR and that the EIR will adequately cover the
impacts of any single project. If these tests are not met, an
agency should amend the EIR it prepares for a program to apply
it to an individual project with unusual characteristics.
(5) Changes to Initial Projects - Subsequent EIR. Where an EIR has
been prepared, no additional EIR need be prepared unless:
(a) Substantial changes are proposed in the project which
will require major revisions of the EIR, due to the
involvement of new environmental impacts not considered
in the original EIR;
(b) There are substantial changes with respect to the
circumstances under which the project is to be under-
taken, such as a change in the proposed location of
the project, which will require major revisions in
the EIR due to the involvement of new environmental
impacts not covered in the original EIR.
(6) Multiple and Phased Projects.
Where individual projects are, or a phased project i s , to
be undertaken and where the total undertaking comprises a
project with significant environmental effect, the
responsible agency or Lead Agency must prepare a single
EIR for the ultimate project. Where an individual project
is a necessary precedent for action on a larger project, or
commits the Responsible Agency to a larger project, with
significant environmental effect, an EIR must address itself
to the scope of the larger project, subject to the limitation
of Section IV (1) (c) of these Guidelines. Where one project
is one of several similar projects of a public agency, but
is not deemed a part of a larger undertaking or a larger
project, the agency may prepare one EIR for all projects, or
one for each project, but should in either case comment upon
the combined effect.
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(7) Ongoing Project:
(a) A project covered by Section III (17) (a) (1) definition
of project specified by these Guidelines, approved
prior to November 23, 1970, shall not require an
Environmental Impact Report or a Negative Declaration --
unless it is a project which may have a significant effect
r
on the environment, and
(1) A substantial portion of public funds allocated
for the project have not been spent and it is still
feasible to modify the project in such a way as to
mitigate against potentially adverse environmental
effects, or to choose feasible alternatives to the
project, including the alternative of no project"
or halting the project; or
(2) The responsible agency proposes a modification to
the project plan, such that the project might have
a new significant effect on the environment.
(b) Notwithstanding the above, projects which come under the
jurisdiction of the National Environmental Policy Act
(NEPA) and which, through regulations promulgated under
NEPA, were held to be too far advanced at the time of
NEPA's effective date to require an EIS in compliance with
those Guidelines, do not require an EIR under CEQA --
unless they fall under (2) above.
(c) A project covered by paragraph III (17) (a) (3) or contracts
in paragraph III (17) (a) (2) under the definition of
project specified by these Guidelines, approved prior to
December 5, 1972, does not require an EIR. However, any
project legally challenged prior to this date for non-
compliance with the CEQA shall be bound by special rules
set forth in Section 21170 of the CEQA.
(d) These Guidelines and CEQA do not require the preparation
of an EIR for a project described in paragraph III (17)
(a) (3) and for contracts described in paragraph (17) (a)
(2) under the definition of project for approvals prior
to April 5, 1973. However, CEQA expressly does not
prohibit a public agency from considering environmental
factors in connection with the approval or disapproval
of a project and from imposing reasonable fees on the
appropriate private person or entity for preparing an
environmental report. Local agencies may require
environmental reports for projects covered by this
paragraph pursuant to local ordinances during this
interim period.
(e) Where a project involving the issuance of a lease,
permit, license, certificate, or other entitlement
to use has been granted a discretionary governmental
approval for part of the project before April 5, 1973,
and requires another or additional discretionary
governmental approvals after April 5, 1973, the
project shall require the preparation of an EIR only
if the approval or approvals after April 5, 1973,
involve a greater degree of responsibility and control
over the project as a whole.
(8) Emergency Projects. The following emergency projects are exempt
from the requirement for an environmental impact report:
(a) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish or replace
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 pursuant
to Chapter 7 (commencing with Section 8550) of Division 1,
Title 2 of the Government Code.
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(b) Emergency repairs to public service facilities necessary
to maintain service.
(c) Projects undertaken as immediate action necessary to
prevent or mitigate an emergency.
(9) Feasibility and Plannins Studies. A project involving only
feasibility or planning studies for possible future actions
which the agency, board, or commission has not approved,
adopted, or funded does not require the preparation of an
environmental impact report but does require consideration of
environmental factors as required by Section 21102 of CEQA.
(10) Ministerial Projects. Ministerial projects do not require the
preparation of environmental impact reports. The determination
of what is "ministerial" can most appropriately be made by the
particular public agency involved based upon its analysis of
its own laws, and it is anticipated that each public agency will
make such determiniation either as a part of its implementing
regulations or on a case -by -case basis. It is further anticipated
that the following actions will, in most cases, be ministerial
in nature:
(a) Issuance of building permits.
(b) Issuance of business licenses. 7
(c) Approval of final subdivision maps.
(d) Approval of individual utility service connections
and disconnections.
In the absence of any discretionary provision contained in local .
ordinance, it shall be presumed that these four actions are
ministerial. Each public agency may, in its implementing
regulations or ordinances, provide an identification or
itemization of its projects and actions which are deemed ministerial
under the applicable laws and ordinances.
VI DETERMINING SIGNIFICANT EFFECT - If the project is not part of a class of
projects that qualifies for a Categorical Exemption and there is a
possibility that the project may have a significant effect on the
environment, the responsible agency should conduct an initial study
to determine if the project may have a significant effect on the
environment. If any of the effects of a project may have a substantial
adverse impact on the environment, regardless of whether the overall
effect of the project is adverse or beneficial, then an environmental
impact report must be prepared where discretionary governmental action
is involved.
The determiniation of whether a project may have a significant effect
on the environment calls for careful judgment on the part of the public
agency involved, based to the extent possible on scientific and factual
data. An iron clad definition of significant effect is not possible
because the significance of an activity may vary with the setting.
There may be a difference of opinion on whether a particular effect
should be considered adverse or beneficial, but where there is, or
anticipated to be, a substantial body of opinion that considers or
will consider the effect to be adverse, the public agency should
prepare an EIR to explore the environmental effects involved.
In evaluating the significance of the environmental effect of a project,
the public agency shall consider both primary and secondary consequences.
Primary consequences are immediately related to the project (the
construction of a new treatment plant may facilitate population growth
in a particular area), while secondary consequences are related more
to primary consequences than to the project itself (an impact upon the
resource base, including land, air, water and energy use of the area
in question may result from the population growth).
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(1) Possible Findings of Significance.
Some examples of consequences which may have a significant
effect on the environment in connection with most projects
where they occur, include the following:
(a) Is in conflict with environmental plans and goals
that have been adopted by the community where the
project is to be located;
L.. (b) Has a substantial and demonstrable negative
aesthetic effect,;
(c) Substantially affects a rare or endangered species
of animal or plant, or habitat of such a species;
(d) Causes substantial interference with the movement
of any resident or migratory fish or wildlife species;
(e) Breaches any published national, state, or local
standards relating to solid waste or litter control;
(f) Results in a substantial detrimental effect on air.
or water quality, or on ambient noise levels for
adjoining areas;
(g) Involves the possibility of contaminating a public
water supply system or adversely affecting ground
water;
(h) Could cause substantial flooding, erosion or
siltation;
(i) Is subject to major geologic hazards.
(2) Mandatory Findings of Significance.
In every case where any of the following conditions are
found to exist as a result of a project, the project will
be found to have a significant effect on the environment:
(a) Impacts which have the potential to degrade the
quality of the environment, curtail the range of the
environment.
(b) Impacts which achieve short -term, to the disadvantage
of long -term, environmental goals. A short -term
impact on the environment is one which occurs in a
relatively brief, definitive period of time while
long -term impacts will endure well into the future.
(c) Impactsfor a project which are individually limited,
but cumulatively considerable. A project may impact
on two or more separate resources where the impact
on each resource is relatively small. If the effect
of the total of those impacts on the environment is
significant, an EIR must be prepared. This mandatory
finding of significance does not apply to two or more
separate projects where the impact of each is
insignificant.
(d) The environmental effects of a project will cause sub-
stantial adverse effects on human being, either
directly or indirectly.
(3) Findings of Insignificance; Negative Declaration. A Negative
Declaration shall be prepared for a project which would ordinarily
be expected to have a significant effect on the environment, but
which the Public Agency finds will have no significant effect
on the environment due to circumstances peculiar to the specific
project.
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(a) A Negative Declaration must include a description
of the project as proposed, and a finding that the
project will not have a significant effect on the
environment.
(b) The Negative Declaration followed by notice of the
action taken regarding the approval or disapproval
of the project must be filed with the county clerk
of the county, or counties, in which the project
will be located. The Negative Declaration shall
be filed with sufficient time before the project is
approved to provide an opportunity for members of
the public to respond to the finding. (See
Section VIII) The Negative Declaration should not
exceed one page in length.
(c) After completing a Negative Declaration, the
responsible agency shall file a copy of the Negative
Declaration and a Notice of Determination. The Notice
of Determination shall include the decision of the
agency to approve or disapprove the project, the
determination of the agency whether the project will
have a significant effect on the environment, and
whether an EIR has been prepared pursuant to the
provisions of CEQA. The local agency shall file
the Notice of Determination with the county clerk
of the county or counties in which the project will
be located.
VII EIR PROCEDURE (PROCESS) - If the responsible agency finds, after an initial
study, that the project may have a significant effect on the environment,
the responsible agency must prepare or cause to be prepared an
Environmental Impact Report, following the following information and
procedure:
(1) If the project is to be carried out by a nongovernmental
person, such person shall submit data and information
necessary to enable the public agency to prepare the EIR.
This information shall be transmitted in the form of a
draft EIR, and the responsible agency shall examine this
draft and the information contained within it to assure
itself of its accuracy and objectivity and amend the draft
if necessary. The EIR in its final form must reflect the
independent judgment of the responsible agency.
(2) The content of an EIR is described in Section XI of these
Guidelines. Each element of an EIR required by these
Guidelines must be covered, and these elements should be
separated into distinct sections. After completing a
draft EIR consisting of the information specified in
Section XI of these Guidelines, the responsible agency
must consult with, and obtain the comments of, any
public agency which has jurisdiction by law with respect
to the project and may consult with any person who has
special expertise with respect to any environmental
impact involved (see appendix). Opportunity for .
comments from the general public should be provided.
(3) As soon as the draft EIR is completed, but before copies
are sent out for review, an official notice stating that
the draft EIR has been completed must be filed with the
Secretary of the Resources Agency. The notice shall
include a brief description of the project, its proposed
location, and an address where copies of the EIR are
available. This notice shall be referred to as a
Notice of Completion.
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(4) The responsible agency shall advertise the date, time,
place, and purpose when the public meeting is to be
held to consider the contents of the report and make a
decision on the project. Such notice of meeting shall
be published once in a newspaper of general circulation
in the City not less than ten (10) calendar days prior
to the meeting.
rift
(5) The responsible agen c y shall evaluate comments received
from persons who reviewed the draft EIR.
(6) The responsible agency shall prepare a final EIR. The
contents of a final EIR are specified in Section XI (6)
of these Guidelines.
(7) The final EIR shall be presented to the decision- making
body of the responsible agency. The decision - making body
in the case of all private and local projects shall be
the City Planning Commission, unless appealed to the
City Council as provided for in Section IX. The decision-
making body shall conduct a public meeting and hear
• test mony from the public regarding the Environmental
Impact of the proposed project. The body shall adopt
the final EIR and consider the contents of the report,
and the testimony presented, when it makes a decision
on the project. To the extent possible, the responsible
agency shall include the EIR as a part of the regular
project report where such a report is Used in the
existing review process.
(8) After making a decision on the project, the responsible
agency shall file a notice of action taken on the
project., This notice shall be referred to as a Notice
of Determination. Such notice shall include (1) the
decision of the agency to approve or disapprove the
project, (2) the determination of the agency whether
the project will or will not have a significant effect
on the environment,and (3) whether an EIR has been
prepared pursuant to the provisions of CEQA. The local
agency shall file the Notice of Determination with the
county clerk of the county or counties in which the
project would be located.
VIII TIME SCHEDULE - An EIR is a useful planning tool to enable environmental
constraints and opportunities to be considered before project plans
are finalized. EIR's should be prepared as early in the planning
process as possible to enable environmental considerations to
influence project program or design. The provision of the following
specified amounts of time between the various steps in the EIR process
insure the members of the public and public agencies adequate time
to review and comment on an EIR that has been prepared. It is
anticipated that review periods for an EIR will not require a halt
in other planning activities related to a project. Planning should
continue in conjunction with environmental evaluation.
ACTIVITY TIME SCHEDULE
application
. Initial Determination of applicability P rior to filing pp lication
of CEQA, determination of Lead Agency, required for discretionary action
and initial determination of project (zone change application, appli-
s i gni f i cance : cation for Tentative Subdivision,
etc.)
2. Negative Declaration filed with the On or before time of filing appli-
county clerk ifthe project is considered cation required for discretionary
to have an insignificant effect: action, but not later than twenty-
days prior to action taken on project.
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ACTIVITY TIME SCHEDULE
3. Draft EIR submitted by applicant or sponsor- On or before time of filing appli-
ing agency, if the project is considered cation required for discretionary
to have a significant effect: action (zone change application for
tentative subdivision, etc.)
4. Notice of Completion filed with Secretary On completion of the draft EIR, but
for Resources and draft EIR distributed not later than thirty days prior to
to appropriate agencies for comments: public meeting on the EIR, (if
preliminary revisions to the draft
....% are necessary, they shall be
s completed within fifteen days).
5. Legal Notice published in local newspaper On completion of the draft EIR, but
describing the date, time, place, and not later than ten days prior to
purpose of the public meeting: the public meeting on the EIR.
6. Lead Agency consultation with other agencies On completion.of the draft EIR, but
and persons having expertise with regard prior to action being taken on a
to any environmental impact involved: project.
7. Final preparation of EIR: On completion of consultation with
other agencies and with personscF'
special expertise.
8. Public meeting held by decision - making On completion of Final EIR and
body; hearing of public testimony and expiration of time periods required
decision on the project: by parts 2, 4, and 5.
9. Notice of Determination filed with County On completion of public meeting and
Clerk (for EIR's and Negative Declarations): determination of final decision..
Failure to Comment.
If any public agency or person who is consulted with regard to an EIR fails to
comment within a reasonable time as specified by the Responsible Agency, it
shall be assumed, absent a request for a specific extension of time, that such
—.' agency or person has no comment to make.
IX EIR APPEAL - Decisions by the City Planning Commission on a project for which
an environmental impact report has '.. en prepared and adopted, may be
appealed to the City Council by foowing the appeal procedures specified
by local ordinance. Appeals are made to the decision on the project itself
(the subject requiring discretionary action) rather than to the contents or
findings of the report as adopted. The environmental impact report, as
required by State Law, represents an objective appraisal of the environmental
significance of a proposed project or action, and cannot be compromised without
reinstigating the review procedures with the appropriate agencies involved
in the preparation of the final report. The discretionary action on the
project, however, is subject to appeal in the manner prescribed by local
ordinance.
X FILING FEES - The applicant for each project which requires an Environmental
Impact Report shall pay a fee of twenty -five dollars ($25.00) to the City
of Downey to cover partial expenses incurred in the processing and review
of the EIR. EIR revisions resulting from project modifications will be
made without charge to the applicant. EIR filing fees are non - refundable.
XI CONTENTS OF ENVIRONMENTAL IMPACT REPORTS - Environmental impact reports shall
contain the information outlined in this Section.
(1) Name, address, and business telephone of sponsor.
(2) Description of Project.
The description of the project shall contain the following
information but should not supply extensive detail beyond that
needed for evaluation and review of the environmental impact.
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(A) The precise location and boundaries of the proposed
project shall be shown on a detailed map, preferably
topographic. The location of the project shall also
appear on a regional map.
(B) A statement of thecbjectives sought by the proposed
project.
�--- (C) A general description of the project's technical,
economic, and environmental characteristics, considering
the principal engineering proposals.
(3) Description of Environmental Setting.
An EIR must include a description of the environment in the
vicinity of the project, as it exists before commencement of the
project, from both a local and regional perspective. Knowledge
of the regional setting is critical to the assessment of environ-
mental impacts. Special emphasis should be placed on environmental
resources that are rare or unique to that region. Specific
reference to related projects, both public and private, both
existent and planned, in the region should also be included, for
purposes of examining the possible cumulative impact of such
projects.
(4) Environmental Impact.
All phases of a project must be considered when evaluating its
impact on the environment: planning, acquisition, development and
operation. The following subjects shall be discussed, preferably
in separate sections or paragraphs.
(A) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project
on the environment, giving due consideration to both the
short -term and long -term effects.
It should include specifics of the area, the resources
involved, physical changes, alterations to ecological
systems and changes induced in population distribution,
population concentration, the human use of the land
(including commercial and residential development) and
other aspects of the resource base such as water, scenic
quality and public services. Any factor that may be
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
this portion of the EIR should include:
(1) 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.
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II ,
•
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?
(2) 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 displace-
ment 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 roject provide
P P
for adequate light and ventilation to its occupants
and preserves the light and ventilation of neighbor-
ing residents?
(3) 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 management 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. With respect to water
quality aspects of the proposed project which have
been previously certified by the appropriate state
or interstate organization as being in substantial
compliance with applicable water quality standards,
reference to the certification should be made.
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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 pollution 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, undeveloped, 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
41 . 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.
(B) Any Adverse Environmental Effects Which Cannot be Avoided
if the Proposal is Implemented:
Describe any adverse impacts, including those which can be
reduced to an insignificant level but not eliminated. Where_
there are impacts that cannot be alleviated without imposing
an alternative design, their implications and the reasons
why the project is being proposed, notwithstanding their
effect, should be described. Do not neglect impacts on any
aesthetically valuable surroundings, or on human health.
(C) Mitigation Measures Proposed to Minimize the Impact:
Describe any mitigation measures written into the project
plan to reduce significant environmentally adverse impacts
to insignificant levels, and the basis for considering
these levels acceptable. Where a particular mitigation
measure has been chosen from among several alternatives
should be discussed and reasons should be given for the
choice made.
(D) Alternatives to the Proposed Action:
Describe any known alternatives to the project, or to the
location of the project, which could feasibly attain the
basic objectives of the project, and why they were rejected
in favor of the ultimate choice. The specific alternative
of "no project" must also always be evaluated, along with the
impact. Attention should be paid to alternatives capable of
substantially reducing or eliminating any environmentally
adverse impacts, even if these alternatives substantially
impede the attainment of the project objectives, and are
more costly.
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(E) The Relationship Between Local Short -Term Uses of
Man's Environment and the Maintenance and Enhancement
of Long -Term Productivity:
Describe the cumulative and b ng -term effects of the proposed
project which adversely affect the state of the environment.
Special attention should be given to impacts which narrow
the range of beneficial uses of the environment or pose long-
term risks to health or safety. In addition, the reasons
why the proposed project is believed by the sponsor to be
justified now, rather than reserving an option for further
alternatives, should be explained.
(F) Any Irreversible Environmental Changes Which Would Be
Involved in the Proposed Action should It be Implemented:
Uses of nonrenewable resources during the initial and
continued phases of the project may be irreversible since
a large commitment of such resources makes removal or
nonuse thereafter unlikely. Primary impacts and,
particularly, secondary impacts (such as a highway improve-
ment which provides access to a nonaccessible area) generally
commit future generations to similar uses. Also irreversible
damage can result from environmental accidents associated
with the project. Irretrievable commitments of resources
should be evaluated to assure that such current consumption
is justified.
(G) The Growth - Inducing Impact of the Proposed Action:
Discuss the ways in which the proposed project could foster
economic or population growth, either directly or
indirectly, in the surrounding environment. Included
in this are projects which would remove obstacles to
population growth (a major expansion of a waste water
treatment plant might, for example, allow for more
construction in service areas), Increases in the population
may further tax existing community service facilities so
consideration must be given to this impact. Also discuss
the characteristic of some projects which may encourage
and facilitate other activities that could significantly
affect the environment, either individually or cumulatively.
It must '.not be assumed that growth in any area is necessarily
beneficial, detrimental, or of little significance to the
environment.
(5) Organizations and Persons Consulted
The identity of all federal, state or local agencies, other
organizations and private individuals consulted in preparing
the EIR, and the identity of the persons, firm or agency
preparing the EIR, by contract or other authorization must be
given. If aniidividual, other than a public officer, preparing
the draft EIR, a brief summary of his qualifications must be
included.
(6) Contents of Final Environmental Impact Report
(a) The Final EIR shall consist of the Draft EIR containing
the elements described in Section XI of these Guidelines;
a section containing the comments received through the
consultation process with other agencies, either verbatim
or in summary, and the response of the Responsible Agency
to the significant environmental points raised in the
review and consultation process.
- 17 -
(b) The response of the Responsible Agency to comments
received may take the form of a revision of the Draft
EIR or may be an attachment to the Draft EIR. The
response shall describe the disposition of significant
environmental issues raised (e.g., revisions to the
proposed project to mitigate anticipated impacts or
objections). In particular the major issues raised
when the Responsible Agency's position is at variance
.,, with recommendations and objections raised in the
comments must be addressed in detail giving reasons
why specific comments and suggestions were not accepted,
and factors of overriding importance warranting an
override of the suggestions. The content of the final
draft shall be at the discretion of the City of Downey.
XII CATEGORICAL EXEMPTIONS - Section 21084 of the Public Resources Code requires
these Guidelines to include a list of classes of projects which have
been determined not to have a significant effect on the environment
and which shall, therefore, be exempt from the provisions of the
Environmental Quality Act of 1970.
In response to that mandate, the Secretary for Resources has found
that the following classes of projects listed in this article do not
have a significant effect on the environment and they are declared
to be categorically exempt from the requirement for the preparation
of an EIR.
(1) Class 1: Existing Facilities. Class 1 consists of the operation,
repair, maintenance or minor alteration of existing public or
private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion
of use beyond that previously existing, including but not
�-. limited to:
(a) Interior or exterior alterations involving such things
as interior partitions, plumbing, and electrical conveyances;
(b) Existing facilities of both investor and publicly owned
utilities used to convey or distribute electrical power,
natural gas, sewage, etc.;
(c) Existing highways and streets (within already established
rights -of -way) sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities;
(d) Restoration, or rehabilitation of deteriorated or damaged
structures, facilities or mechanical equipment to meet
current standards of public health and safety, unless
it is determined that the damage was substantial and
resulted from an environmental hazard such as earthquake,
landslide or flood;
(e) Additions to existing structures provided that the addition
will not result in an increase of more than 50 percent of
the floor area of the structure before the addition or
alteration, or 2500 square feet, whichever is less;
(f) Addition of safety or health protection devices for use
during construction of or in conjunction with existing
structures, facilities, or mechanical equipment, or
topographical features (including navigational devices)
where these devices do not have or result in an adverse
environmental impact;
(g) New copy on existing on and off - premise signs;
- 18 - 7,
(h) Maintenance of existing landscaping, native growth
and water supply reser.d rs (excluding the use of
economic poisons, as defined in Division 7, Chapter 2,
California Agricultural Code);
( i ) Maintenance of fish screens, fish ladders, w i l d l i f e
habitat areas, artificial wildlife waterway devices,
streamfl ows , springs and waterhol es , and stream
channels (clearing of debris) to protect fish and
wildlife resources.
r
(j) Fish stocking by the California Department of Fish
and Game.
(k) Division of existing multiple family rental units into
condominiums.
(1) Demolition and removal of buildings and related structures
except where they are of historical, archaeological or
architectural consequence as officially designated by
Federal, State or local governmental action.
(2) 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 but not limited
to:
(a) Replacement or reconstruction of existing schools and
hospitals to provide earthquake resistant structures
which do not increase capacity more than 50 %.
(b) Rep cement of a commercial structure with a new structure
of substantially the same size and purpose.
(3) Class 3: New Construction of Small Structures. Class 3 consists
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:
(a) Single family residences not in conjunction with the
building of two or more such units.
(b) Motels, apartments, and duplexes designed for not more
than four dwelling units if not in conjunction with the
building of two or more such structures. •
(c) 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.
(d) Water main, sewage, electrical, gas and other utility
extensions of reasonable length to serve such construction.
(e) Accessory (appurtenant) structures including garages,
carports, patios, swimming pools and fences.
._.. (4) 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:
(a) Grading on land with a slope of less than 10 percent,
except where it is to be located in a waterway, in any
wetland, in an officially designated (by Federal, State
or local governmental action) scenic area, or in officially
mapped areas of severe geologic hazard.
(b) New gardening or landscaping but not including tree removal.
-19 -
(c) Filling of earth into previously excavated land with
material compatible with the natural features of the site.
(d) Minor alterations in land, water and vegetation on existing
officially designated wildlife management areas of fish
production facilities which result in improvement of habitat
for fish and wildlife resources or greater fish production.
(e) Minor temporary uses of land having negligible or no permanent
effects on the environment, including carnivals, sales of
Christmas trees, etc.
(5) Class 5: Alterations in Land Use Limitations. Class 5 consists
of� m o alterations in land use limitations, except zoning,
including but not limited to:
(a) Minor lot line adjustments, side yard and setback variances
not resulting in the creation of any new parcel nor in any
change in land use or density.
(b) Issuance of minor encroachment permits.
(6) 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 environmental 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.
7 Class 7: Regulatory Actions for Protection of Natural Resources.
( ) 9 y
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
w i l d l i f e preservation.
(8) Class 8: Regulatory Actions for the Protection of the Environment.
Class 8 consists of actions taken by regulatory agencies, as
` authorized by state law or local ordinance, to assure the maintenance,
restoration, enhancement, or protection of the environment.
(9) Class _ 9: Inspections. Class 9 consists of activities limited entirely
to in 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.
(10) 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.
(11) Class 11: Accessory Structures. Class 11 consists of construction,
or placement of minor structures accessory to (appurtenant to)
existing commercial, industrial, or institutional facilities,
including but not limited to:
(a) On- premise signs.
(b) Small parking lots.
(12) Class 12: Surplus Government Property Sales. Class 12 consists of
sales of surplus government property except for parcels of land.
(13) Relation to Ministerial Projects
Section 21080 of the Public ResourcesCode as added by Chapter 1154,
Statutes of 1972, exempts all ministerial projects and activities
of public agencies from application of the CEQA. The matter of
what is or is not a ministerial project is up to the determination
of each public agency, based on an examination of the applicable laws
and ordinances. Thus, while the Categorical Exemptions listed in this
subsection contain classes or examples of projects which in many cases
- 20 -
will be ministerial, the inclusion of them is in no way intended
to imply any finding here that, in any particular jurisdiction,
they are ministerial or discretionary. The exemptions, naturally,
only apply where the project in question is found to be discretionary.
14 Exception b
( ) P by Location.
Class 3, 4, 5 and 11 are qualified by consideration of where the
project is to be located -- 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 in all instances, EXCEPT where the project may impact on an
environmental resource, or hazard of critical concern as may be
hereafter designated, precisely mapped, and officially adopted
pursuant to law. 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.
(15) Revisions to List of Categorical Exemptions.
(a) Any public agency may, at any time, request that a new class
of categorical exemptions be added, or an existing one deleted.
This request must be made in writing to the office of Planning
and Research. If a new class is to be added, it will be
referred to, pending adoption, as a Proposed Class for Categorical
Exemption, and shall include detailed information about the type
of projects involved. The Proposed Class for Categorical Exemption
must also give detailed information supporting the contention that
the type of projects in question do not significantly affect the
environment. Where the projects may potentially be carried out in
substantially differing environments, specific mention should be
�., made as to the type of environment in which the exemption may
be applied, or not applied.
(b) If the request ig to delete an existing class of Categorical
Exemptions, detailed information must be included to support
the contention that the type of projects does significantly
affect the environment. The request may, instead of proposing
full deletion, only propose limitation on the applicability of
the class of Categorical Exemption to certain environments, or
out of certain environments.
(c) The Office of Planning and Research will consider the request,
and deliver the request as soon as possible, with a recommendation
supporting or opposing the request, to the Secretary for Resources,
who shall make the final determination on accepting or rejecting
the proposal. Adoption of the revision will require an amendment
to these guidelines. Amendments must be made in accord with the
Administrative Procedure Act, including provisions for notice
and public comment.
XIII APPENDICES
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.• . »;Kr. • .. .... ti• �. . .. .
. APPENDIX XIII (1) •, • .
• ENVIRONMENTAL IMPACT REPORT PROGRESS
..
FLOW CHART .
- Public Agency determines if Non - Project
Activity is a "project" '
•
_. _ _.. .. . _ -- — - Project -_ , _.
• , • . t -
• Ministerial Project
Public Agency determines if 1
r , "project" Ministerial,Emer- Emergency Project No EIR required'
gency or Discretionary g under the CEQA
.. _ _ - .. Discretionary ....... _ ..
Public Agency determines if Categorical Exempt
"project is categorically
... _ - • - -. • exempt. .
- -- - ' . • Not Categorically Exempt
•
' . Negative
Lead Agency Public Agency determines if Declaration •
Determination, "project" w i l l have a Will not have, filed with
where more ' : :....—qp. s i gni f i cant effect on the significant effect appropriate e
than one age environment. agency in suff-
is involved . icient time
• prior or to app -
• - royal of
• May have Significant Effect project.
Responsible Agency prepares or causes to be t . .. .
- . ' - prepared a draft EIR. (If Lead Agency: .
Consultation with appropriate other agencies.) _
a
Responsible Agency files Notice of Completion '
with Secretary for Resources and distributes
• draft EIR for comments. .. •
f •
Consultation with Public Agencies • Consultation with persons having
having jurisdiction by law. special expertise with regard to
any environmental impact involved. •
, . I . . .
. . 4-, •
Responsible Agency prepares Final EIR reflect-
ng reactions to significant review comments.
[-J - • ___
Consideration and Approval of Final EIR
. by decision - making body.
• Decision on "project" 1
. . ,
. - Local Agencies -
File Notice of Determination
with County Clerk
APPENDIX XIII (2)
AGENCIES OF LEGAL AUTHORITY AND SPECIAL EXPERTISE
Index to Local
Agencies of Expertise
Listing of Potential or Authority in Areas
Environmental Concerns of Environmental Concern
(see following page)
Aesthetic Enhancement 1, 4, 10
Air Quality Control 1, 25, 26, 32
Chemical Wastes or Contamination 1, 2, 4, 7, 10, 12 -19, 25, 32, 36
r `' Comprehensive Urban Planning 1, 26, 44
Conformity with Environmental Goals 1, 26, 32, 44
Conformity with other Public Goals 1, 20, 21, 26, 34, 35, 39, 44, 45
Conservation of Archeological Sites 1, 22, 26, 44
Conservation of Cultural Sites 1, 11, 20, 26, 44 •
Conservation of Historic Sites 1, 22, 26, 44
Conservation of Mineral Resources 1, 26, 44
Conservation of Natural Land Forms 1, 22, 26, 44
Conservation of Natural Vegetation 1, 22, 26, 29, 44
Conservation of Open Space 1, 5, 26, 29, 44
Conservation of Scenic Areas 1, 26, 44
Conservation of Water Resources 1, 2, 7, 12 -19, 26, 27, 30, 40, 41, 44
Conservation of Wild Life and Fowl 1, 26, 44
Displacement of Families 1, 34, 35, 39, 44
Education and School Plant Management 1, 20, 37
Electric Power Resources 1, 7, 26, 30, 32, 42
Fire Prevention and Control 1, 2, 4, 12 -19
Flood Plains and Watersheds 1, 7,12 -19, 26, 27, 30, 40, 41, 44
Hazardous Material 1, 2, 4, 7, 8, 10, 25
Housing Provision 1, 4, 26, 34, 35, 39, 44
Land Use Management 1, 26, 44
Library Services 1, 11, 20, 37
Light and Ventilation 1, 4, 25, 32
Liquid Waste Management 1, 7, 10, 26, 30, 36, 44
Microbiological Contamination 1, 2, 4,10,12-19,21,24,25,31,32,33
Natural Gas Resources 1, 7, 26, 30, 43
L Navigable Airways 1, 23, 26, 32, 44
Noise Control and Abatement 1, 3, 4, 7, 10, 25, 26, 44
Oil and Petroleum Development 1, 2, 4, 7, 30
Parking Provisions 1, 8
Pedestrian Safety 1, 3, 4, 38
Pesticide and Herbicide Management 1, 4, 10, 25, 29
Police Protection 1, 3, 38
Preservation of Trees and Shrubs 1, 10
Radiological Health and Safety 1, 2, 4, 12 -19, 21, 24, 25, 31, 32, 33
Recreation and Park Management 1, 5, 20, 26, 44
Residential Privacy 1, 34
Rodent Control 1, 4, 10
Solid Waste Management 1, 10, 26, 30, 44
Storm Water Management 1, 7, 10, 26, 27, 30, 44
Structural Safety 1, 2, 4, 7
Sun and Shade Considerations 1, 4
Traffic Conjestion 1, 3, 8, 26, 28, 38
Transportation and Circulation 1, 3, 8, 26, 28, 30, 32, 38, 44, 45
Vehicular Safety 1, 3, 8, 10, 28, 38
Water Quality Control and Supply 1, 2, 7, 12-19, 25, 26, 30, 40, 41, 44
t
i
L.,
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LOCAL AGENCIES OF EXPERTISE OR AUTHORITY
IN AREAS OF ENVIRONMENTAL CONCERN
AGENCY /DEPARTMENT INDEX NO.
Downey City Planning Department 1
Downey City Fire Department 2
Downey City Police Department 3
Downey City Department of Building and Safety 4
Downey City Department of Parks and Recreation 5
Downey City Department of Public Works 6
Engineering 7
Traffic Section 8
Right -of -way Section 9
Physical Services Division 10
Downey City Library 11 .
Downey City Water Division 12
Park Water Company 13
Southern California Water Company 14
Los Angeles County Water Works (Rancho) 15
City of Santa Fe Springs Water Department 16
Downey Valley Water Company 17
Paramount County Water District 18
Rancho Santa Gertrudes Mutual Water Company 19
Downey Unified School District 20
Downey Community Hospital 21
Downey Historical Society 22
Los Angeles City Department of Airports 23
Civil Defense Area 'E' (Norwalk) 24
Los Angeles County Health Department 25
Los Angeles County Regional Planning Commission 26
r Los Angeles County Flood Control District 27
Los Angeles County Road Department 28
,,,,,, Los Angeles County Agriculture Commission 29
Los Angeles County Engineer 30
Los Angeles County Disaster & Civil Defense Commission 31
Los Angeles County Air Pollution Control District 32
Los Angeles County Hospitals Department 33
Los Angeles County Housing Authority 34
Los Angeles County Public Social Services Department 35
Los Angeles County Sanatation District 36
Los Angeles County Department of Public Schools 37
Los Angeles County Sheriff's Department 38
Los Angeles County Department of Urban Affairs 39
Metropolitan Water District 40
Los Angeles City Department of Water and Power 41
Southern California Edison Company 4
Southern California Gas Company 43
Southern California Association of Governments 44
Southern California Rapid Transit District 45
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STATE DEPARTMENTS WITH STATUTORY AUTHORITY •
IN AREAS OF ENVIRONMENTAL CONCERN
•
STATE DEPARTMENTS LISTING OF
7
POTENTIAL
jecO - t 1 - f Sri .,, ENVIRONMENTAL
.-
it -,, 13 T I r� ( �1 :-.‘2. CONCERN
;7r- - - a - 15. r I c n c-
Irv, I
1 it, , m ^( g o v tin I .. I r, t r
!Z ,-'� 7 a 0 1 n' S- n I w r_
o u.. IJ M M ~ _ V 1 R :
r
HI S o n>
, n
1 !7,:; I�
VD r
.ri i -- .
in• _. 1 --
Liiii i -. t
X ( X I -+ Ate Quality and are pall,awn control
1 ' 1 1 x l .....► (;. -,cal contamination and food products
1 {{
r I
Cv..11u! areas. wetlands. estuaries, .
i r '• r oterlgwl refJges, and beac 're$
r f
I • t Congestion in ,rrFun areas, housing o
k I x j X j j 1 ` a buaid•ng displacement
i I
{ ( I i X s " D -*se control
t I
• I a ; ; nr.
t energy generation aid supply
I 1
i
k X X • X i ! 1 1 invrrenme•r•ol effects with special
t , m•••ct tit 1,f.. .,come ne•ohbort•oeds
I X ( I L_" as Fl ad plains and .otersheds
` 1 • ` ` ` 1 1 x I `a Food oddrti.es and load sonrtot on
i 4 I ' 1 . ' f 1 I X I O Herbrc.1es
E 1 } ! I 1 -
i • ; • M,sror,c and Archaeological sit_, _
I x
1 I 1 , I • N�`ir-..on
.. ecoi—oyy
I I f ►• N ` ( �� I X w Mruorc
b•ogrr.ol contom on rnotr —
L i . " 1 - _+--}-
• 1 I . is Mineral fond reclomo' ion
I
1 1 1 1
! Natural qos .•n.rgy development
L ! I 1 ■ I
—,
— aeneronon and ;apply
t t 1 1 i x I , 1} cT Nw,gutle artwoys
r - - ~ l t i 1 I I 1 1 •
I + i I { it v N,:v•gabie .a!er„cys •
r
t 1 I '
i I i ( 1 X 1 X I I 3; N orse control ond abatement
i _ 1
i ; i I . x ' Parks, sorest., tree. and outdoor
I i t I I i 1 }
•" rerreor,en;;reas •
i t r {
I 1 1 x I o Pest.cides • .
i .
1 .
i 1 -- Zaa•a ion and radroloq,col h eo: h
— —
1
11. 1 -r
X X 1 X >c 1 I X 1 1 N Re compreSensrve planning
y I — 1 - 1 1 Yc '`' R c!enr :onrrol
•
I __ { v Son,ronon onrd w osee syst r
--r------ {{ j
1 I 1 • { i 1 1 1 N She s,n
{ 1 1 1 x + . a .n
1r Sal and plant life. sed,mentau.n. _
I + ( I '- 05n o• try Cor.�,rrana —
` I
1 i 6
't'4 r 1 I I I I X I V TOI.0 m.: }lrrOls - - _.—
1 • 1 —i"—
1 1 , r\ I ,,, Tronapor•ar�on aoa hondl,nq of
r Ix X °J hn:urno.rs n�n ter.n.s
t I
1 I,`
( 1 X I
a I l ( w
41 water ouol■ty and «a:er po llution control
Li t 1 —
C , r 1 I 1 I I
I X cD fish :nd= •!a1
iirrnr..rr�� f 1 I i ___
t t i
i i I I w ,,
A•:r:v wan scer•ol r -•poc on
i i I I I r `Dater p, t . ec t t ar - t,lot.o.
■ 7...'- " { l I - -- ; - ---. _. t 1 1 w �:� ^�3 cam. ;y :.
0 .. 1 , 1 I air V•1 ��.t ..r -..r. V- [n-r • r • •......
L L r I L1 �_ .t 'Suitt ide land use pattrns •
i ll 1 _ I * nn:n So.ce po
Ix 1 1 f 1 $ i i ,; St....ACewide ovr-rvdew
-25-
•
--- I
Az
STATE DEPARTMENTS LISTING OF
(Continued) POTENTIAL •
ENVIRONMENTAL
t "' " c ' CONCERN •
at C.1L> ft RI 1 r ._ t: 1 rt I (�c•1 'V. N ti '• 'f t !'1 4 ?` t r
r• ...4 r• I
J �1 a` o
.1 CI • :1 :. I•; ti .1 A.1 • ^ c t
A o LZ
01 1.. ti ni
i� •
i x I X X ' }a / h - • A.. o•alrry 40.1.1 n.1 pellvtryr tonuel •
X X 1 1 I I ` � N \ l 0 . n.cJs, .ttlx!s, est,nr.es, . i
if
J
P
` I • I I N ! : \ �- L.,•, -•t•^n ...., u..o•, t.ays.ny
! . N C. I — '- orl 1,...1 Lei 4. •ploce-1^n1
e
i -- l��j�'ry/l_•- r -
x x N I X 1 D.srors to uel
} X X j x N ►� )t • __ x a� Icc u.t ene jy Ot..= ...l. = r su.pIY `
r a I i I\ I ,J Ei. : 11..t• •.'h •:ocrol 1 1 �. I I I i — aU ! � i k.••11. •.. f i_IncV.00J
. X s III
( i N I X f x I .x I r I y ( 1 .n i lovl pl. and • • .'. ,„.,„ ________
1111 •i I If
! 1• I I X s
1 _ - — �._. .._ / � _! —_.__ Fowl - dl-f-vvs n•.J hr v1n.t�tw
1 »� x x ( x � 11.A. 1 I x 8 N••rt:.c.J.•s .
_i..� X �� i = iT1: . Il.on.i „ -. .. t.t Kan 01 .tcloiy x x L X _ I � _. x i - u =1 .•.1..y -• 1i 1 , 0191�t.�nM =on .
f i I x x 1 I X( ` - M ! A!.ne•el land recloe.•tt•on
• ..�.�., X !\... X ` I J .0...1 ti cney
..4..
L r'� •.e lo,.*ent
• •
1.. � -�� - -� I - - � I -. I in - 1 n • r ,
r_- t.t.._ s �enJ s.�{•1/
! 1 , - . t= , I , x ` , t-+ I Hn..0361e e.r.ays
I - _ Ir - 1't — 1 X ! >c 1 rf-•• I 1 v - 1::-.Sn = •ove.
I• . / _. «.
�.. t..— ....f\ - ---+ - T _—...� —
• I 1 Ir.. I 1 1 1 X I VI t.,.. Co•.r.01 o.J vL•!e••.r,o
•
---- t l r t 1 - - -- - --
1 1 X X I X � X ; ( ( f..c•t., onJ wt bat
. _ t r ' rcc n n• A.., II, - .. _ -- ._
1 X 1 I ! X 1 X .w . 1 x I 1'tst:t.de. ' 1---j• 1
X ! 1— I I x ! ! ` I X 1 • i 2 -nn ,, .oJwL'�.- rl n♦ -:ri
(.\_4 ___,
/ I x i X ' X ! X ! } , ��,. I . .i...; ..sn,sl c.n'p.a A =n sru plc`n•ny
j X 1 ( X____,, IN I ;.4 17 0j <, ,ent.,1
. t - 1 -- - T -- .- -, � 1 — I -- —
X I --1.- . I 1 1 0) $ X I N � � ` X 1 is '5,88.,,,,..8, '5,88.,,,,..8, and to.,/•, sytrs «
-- r- -. •
- �......�...•��r . 1 � U _�1 I x ! t•- -� .............1_ 1 , . x a ;T sl. t.m= t.rr -o- -- • .. 1r
I�j,[ * ;t ( i /� ;C i ›, 1 X ;►•�+ 1 ,�. o•.J ,,— ...re. ♦r.i•.n,n .t.on,
I I I . ,\
i — i er C c/ not Itr V , .n:.•.,,1
x ( 4 )< 1 I X 1 E. 1 ' x •� ▪ T.,,,,, m.ttc..nl•
VV I
j x i I ' ` ! i I X ' r.- {• r..;�.,r..rr..•. an! Ar..a1.n e) —
t X X 1 ! I X ' X I X : r- , 1 l x 1 —_ _`'.. n::c. q..+i.ry ..n1 *Wet ,..11,,,,•, compel 'ss ' N I I x ` x I 1 I v F th • nA ..Inl.le
•
!NI _
I 1
t
. 1 r• h+
_,
..�•�no1 ,v..s.i,ct,ens
i :` ,__ , +____� ,\ • 1 ` .L-- ? �.a_... -- - - -__ —
x i x ! n, ! f x I X x • ^ ; I ^� ! , , W rre• ,rc,e:t ,„,...„,0„..„ •
,♦ . . -- ▪ - +-' 1
T —: _i —:- —.. .- �.N..'! �1_ t _ --
( X N ! X i i X f X ! t ` � • •N I ! t
ass • - - - .t v ..— - -- :._ -' - -- - — • , -e• -- .nor . - . - _ --
r
� \ 1 • - 1 1' 1� r t -- ar . ✓' o • .rn .•:.1p:nt •t
I Ina I _ .- ! — 7 — X ; -- ' _ � _ 1 — --. _ - - - - , — —
S ^ •
1 [ j 1 1 , I l Y {I iC � 1 f , W
- --- +- : _1_ . ' I __ — + ._ `^ %ta;!:ricdc •t.zrd use n atterns
L. .., y I I f' x f ; I x ^' I
'' ; _.. . � _ - L .._ � _ . t - _ _ —j — L — L_ __i__ 1 -- ▪ S' tewi a.� ov rvi.cia-- cui..11I.- t ive ir.,r .1c t
- -- - - ` — ;,F ..e1inrat pro;ccts
*See Footnotes on following pages.
•
•
-26-
•
Footnotes pertaining to State Departmental Listings :
1. r icu 1 tune - (1) Air quality and air pollution control
Effects on plants and animals
. 2. A,rr± culture - (12) Human Ecology •
Protection of food and fibre .
•
3. Agriculture - (24) Sanitation and waste systems ,
•
Agricultural, dairy and feed lot systems '
4. Agriculture - (28) Transportation and handling of hazardous materials
As pertains to transportation,'
ransportat ion, ' handling, storage and decont iwrainat ion
of pesticides. • • •
•
5. Agriculture - (30) Fish and wildlife .
Pesticide effects, predatory animal control,bird control •
6. CHP - (1) ,Air quality and air pollution control
Enforcement of motor vehicle regulations .
• 7.- Public Health (3) Coastal areas, wetlands, etc. •
. Beach sanitation, water pollution, solid waste and mosquito control
8. Public Health - (4) Congestion in urban areas, housing and building
displacement -
Peetains to health component
9.. Public Health - (7) Environmental effects with special impact in
low- income neighborhoods
Most of these are strongly related to health
10. Public Health - (16) Navigable airways -
• Pertains to noise
11. Public Fcalth - (22) Regional 'comprehensive planning
.Pertains to personal and environmental health components
12. Public eat Lh - 00) Wildlife
•
As it may pertain to human n health hazards
13. Public Health - (31) Activities with special impact on regional
jurisdictions
Pertains to comprehensive health planning
•
14. Colorado River Board - (2), (3), (5), (6), (8), (10), (13), *(17), (19),
• ( ( (24), (26), ( ( , ( (3 ( and (33).
As pertains to the Colorado, New and Alamo Rivers
-27-
15. Fish and Game - (15) Natural gas energy development, generation and supply
As field development and distribution systems may affect fish and wildlife
16. Fish and Game - (16) Navigable airways' •
As may affect migrating and resident wildlife
17. Fish and Game - (18) Noise control and abatement
•
As excessive noise may affect wildlife
18. Fish and Gamy - (24) Sanitation and waste systems
As water quality may affect fish and wildlife
•
• 19. Parks and Recreation - (7) Environmental effects with special impact in
low- income neighborhoods
•
In impacted areas only •
20. Reclamation Board - (8), (17) and (32) •
In areas of Board's jurisdiction only
21. State Water Resources Control Board - (4), (30), (33) and (34)
As may pertain to water quality
22.. Conservation - (5), (10), (20) and (23)
With respect to forest land
23. Conservation - (6) and (32)
As related to fire protection or State (fire protection) responsibility land
24. Air Resources Board - (4) , (22) , (32) , (33) and (36)
As may pertain to residential, commercial, industrial or transportation
growth ••
•
•J
- 2
The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 27th day of March , 19 73 .
C)Lt,trifpa..- )4 r 'hiUr1404A,
Mayor
ATTEST:
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
27th day of March , 19 73 , by the following vote,
to wit:
AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
7
pity Clerk