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HomeMy WebLinkAboutResolution No. 5646 RESOLUTION NO. 5646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, INCLUDING A LAND USE ANALYSIS PROGRAM AND TRANSPORTATION IMPACT ANALYSIS METHODOLOGY IN CONFORMANCE WITH THE LOS ANGELES COUNTY CONGESTION MANAGEMENT PROGRAM (CMP) THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine, and declare as follows: A. Section 21082 of the California Public Resources Code provides that all agencies shall adopt by ordinance, resolution, rule, or regulation the objectives, criteria and procedures for evaluation of projects and preparation of Negative Declarations and Environmental Impact Reports pursuant to the California Environmental Quality Act of 1970 (CEQA), commencing with Section 21000 of the Public Resources Code; and B. The objectives, criteria and procedures shall be consistent with the provisions of the California Environmental Quality Act and the State CEQA Guidelines (State Guidelines) for Implementation of the California Environmental Quality Act of 1970, commencing with Section 15000 of Title 14 of the California Code of Regulations; and C. The Planning Commission gave required notice and held a public hearing on January 20, 1993 to consider Revised Procedures to implement CEQA and the State Guidelines. After giving careful consideration to the testimony, facts, and opinions offered at the public hearing, the Planning Commission recommended that the City Council adopt the Revised Procedures. D. On February 9, 1993, the City Council held a duly noticed public hearing on the Revisions to the City's CEQA Procedures and carefully considered all of the evidence and public comments received at said hearing. E. The Revised Procedures are tailored to implement the provisions of CEQA and the State Guidelines to the specific operations of the City of Downey. This Resolution is not intended to replace the State Guidelines. If any section of the Revised procedures conflicts or is contrary to any provision of CEQA or the State Guide- lines as they now exist or may be amended hereafter, the Revised Procedures shall adhere to them. F. The City of Downey's Implementing Procedures currently in effect need to be revised due to the legislative changes that have been made to CEQA and the State Guidelines since the City's existing procedures were adopted and to respond to requirements of the Los Angeles County Congestion Management Program. G. The Revised Procedures will help promote environmental quality in the City of Downey. • Resolution No. 5646 Revised CEQA Procedures Page2 H. Revision of the City's CEQA procedures is itself categorically exempt from the requirements of CEQA, Class 6, as it regards amendment of procedures for data collection and resource evaluation. SECTION 2. The City Council further finds, determines, and declares that: A. The California Legislature has adopted legislation requiring preparation and implementation of a Congestion Management Program (CMP) by county transpor- tation commissions or other public agencies of every county that includes an urbanized area. Voters of the State of California approved this legislation in June 1990 with the passage of Proposition 1 1 1. The Los Angeles County Transporta- tion Commission adopted L.A. County's first CMP on November 18, 1992; B. The CMP requires that all cities adopt a Land Use Analysis Program to evaluate the effects that proposed development projects requiring an EIR may have on the County's transportation network. The Land Use Analysis Program as described in the 1992 CMP consists of a Transportation Impact Analysis (TIA) methodology designed to be used during the preparation of EIRs. C. Because the TIA methodology is applied to projects being reviewed under CEQA, reference to the Land Use Analysis Program and the TIA methodology should be included in the City's Procedures for Implementing CEQA. D. Because the CMP is a program that will evolve as experience is gained through its implementation, the TIA methodology may be amended or superseded from time to time, as necessary to meet congestion and air quality goals; E. Addition of Section 10, "Land Use Analysis Program: Guidelines for Preparing Transportation Impact Analysis for EIRs ", to the City's CEQA procedures are intended to bring Downey into compliance with the CMP. SECTION 3. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the revised "City of Downey Procedures for Implementing the California Environmental Quality Act (CEQA)" attached hereto as Exhibit A and by this reference incorporated herein, including Section 10, "Land Use Analysis Program: Guidelines for Transportation Impact Analysis for EIRs ". SECTION 4. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region within which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. SECTION 5. Certified copies of this Resolution shall be transmitted to the City Council of the City of Downey. • Resolution No. 5646 Revised CEQA Procedures Page 3 PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF FEBRUARY, 1993 ; / Diane P. Boggs, M., o/ ATTEST: CI 'Sal- /E" 4/ t- / dith E. McDonnell City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Downey at a regular meeting thereof held on the 9th day of February, 1993 by the following vote: AYES: 5 COUNCILMEMBERS: Riley, Brazelton, Lawrence, McCaughan, Boggs NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 0 COUNCILMEMBERS: None 777 K-- , (X&C,( 4 zi_4‘e Judith E. McDonnell, City Clerk L✓ / 1 I 1 r • EXHIBIT A CITY OF DOWNEY PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (revised 02/09/93) Table of Contents Section 1. General Provisions 1 Section 2. Powers and Duties of the Community Development Director 2 Section 3. Review by the Planning Commission 4 Section 4. Review by Other Decision- makers 6 Section 5. Appealing Draft Environmental Impact Reports and Negative Declarations 7 Section 6. Public Review of Documents 7 Section 7. Exempt Projects 7 Section 8. Mitigation Monitoring 8 Section 9. Filing Fees and Processing Charges 9 Section 10. Land Use Analysis Program: Guidelines for Preparing Transportation Impact Analy- sis for EIRs 10 SECTION 1. GENERAL PROVISIONS These procedures implement the California Environmental Quality Act (CEQA), and the Guide- lines for Implementation of the California Environmental Quality Act (Guidelines) issued by the State of California in 1986. CEQA is found in the Public Resources Code, Sections 21000 and following. The guidelines are codified in Title 14 of the California Code of Regulations, Sections 15000 and following. Each city must adopt its own procedures for evaluating projects within its jurisdiction. Downey chooses to adopt the Guidelines through incorporation by reference, as supplemented by these Procedures. CEQA and the Guidelines shall control if there is a conflict between these Proce- dures and any mandatory provisions in CEQA. The City is responsible for the adequacy and objectivity of all environmental documents, regard- less of whether the data and information is prepared, or contracted for, by the City, or is accept- ed from the project applicant, who is funding the preparation of the document. All City depart- ments shall adhere to these procedures (Section 15020). 1.1 Supplemental Definitions. A. "Advisory body" means a commission or committee required to make a recommenda- tion on a project to the decision- maker. B. "Days" means calendar days. • City of Downey Page 2 CEQA Procedures (rev. 02/09/93) C. "Decision- maker" means the person or group of persons with the legal power to approve or disapprove a project. The City Council is decision -maker for the adoption and amendment of general plans, specific plans, zoning districts and designations. The Planning Commission is the decision -maker for second unit developments, condi- tional use permits, zone variances, tentative parcel and tract maps. The Director is the decision -maker for minor zone variances and site plans. The Design Review Board is the decision -maker for design review cases regarding projects that do not require Planning Commission or City Council review. D. "Design Review Board" means the body created by the City Council to perform the functions described in Section 9162 of the Downey Municipal Code. E. "Director" means the head of the Community Development Department, or his or her designee, including the City Planner. F. "Planning Commission" means the consulting and advi body created by and responsible to the City Council. 1.2 Revision of Procedures. The Planning Commission may revise these Procedures subject to approval by the City Council. The City shall comply with any changes required by revisions to CEQA or the Guidelines pending revision of these Procedures. SECTION 2. POWERS AND DUTIES OF THE COMMUNITY DEVELOPMENT DIRECTOR 2.1 Powers and Duties of the Community Development Director The Director shall: A. Evaluate a proposed activity to determine if it is a project. B. Evaluate a proposed project to determine if it is statutorily or categorically exempt ..� from CEQA. The Director may file a Notice of Exemption with the Los Angeles County Clerk or with the State Office of Planning and Research (OPR) (Section 15062). C. Conduct an Initial Study to determine if a nonexempt project may have a significant effect on the environment (Section 15063). D. Within thirty (30) days after an application for a permit or other entitlement is filed, notify the applicant in writing if the application for the permit or other entitlement is complete. If, on the thirtieth day after submittal, no written notification has been given, the application shall be deemed complete as filed. If the application is incom- plete, the applicant shall be notified in writing within the thirty (30) day Y y period. The incomplete letter shall list and thoroughly describe the specific information required to complete the application. Upon resubmittal, a new thirty (30) day period shall begin (Section 21121.5 Public Resources Code). E. Within thirty (30) days from the date the project application is accepted as, or deemed complete, determine, based upon the Initial Study, whether a Negative Declaration or an EIR must be prepared. This period may be extended fifteen (15) City of Downey Page 3 CEQA Procedures (rev. 02/09/93) days upon the written consent of the applicant and the Director (Section 21151.5 Public Resources Code). F. Complete the preparation of the Negative Declaration, including the Initial Study, the public review and agency consultation within one - hundred five (105) days from the date the project application was accepted as complete. The Initial Study must dis- cuss all categories of impacts and nonimpacts, including supporting references (Sec- tion 15107 and Section 21151.5 Public Resources Code). G. Provide public notice that a proposed Negative Declaration has been prepared and is available for public review and comment at least twenty -one (21) days before the decision -maker approves or disapproves the Negative Declaration, or at least thirty (30) days when the Negative Declaration is submitted to the State Clearinghouse for review (Section 15072 and 15073; Section 21092 Public Resources Code). H. See that a copy of the proposed or adopted Negative Declaration is reviewed and considered by each advisory body for a project (Section 15025 {c }). I. After approval of a project for which a Negative Declaration has been adopted, pre- pare and file a Notice of Determination with the Los Angeles County Clerk and with the Office of Planning and Research if the project requires a discretionary approval from any State agency (Section 15073). J. If an EIR is required, determine whether to: 1. prepare a new Project or Program EIR; 2. use a previously prepared EIR; 3. prepare a Subsequent EIR; 4. prepare a Supplemental EIR; 5. prepare an Addendum to a previously prepared EIR; 6. use a Program EIR; 7. use a Staged EIR and give appropriate notice (Section 15167). K. Give notice of a decision to require an EIR and prepare and mail Notices of Prepara- tion by Certified Mail (Section 15082, 15087, 15152 and 15153). L. As soon as the Draft EIR is submitted to the Director, prepare and file a Notice of Completion of Draft EIR with the Office of Planning and Research (Section 15085). M. Provide public notice of the availability of the Draft EIR or of the intention to use a previous EIR at the same time the Notice of Completion is mailed to the Office of Planning and Research (Section 15087). City of Downey Page 4 CEQA Procedures (rev. 02/09/93) N. Set a public hearing before the Planning Commission on the Draft EIR (Section 15087). 0. Evaluate and prepare responses to comments for consideration by the Lead Agency (Section 15088). P. After hearing and at the direction of the Planning Commission, prepare a Final EIR (Section 15089). Q. See that a copy of the Draft EIR or Final EIR is reviewed and considered by each advisory body for a project (Section 15025). R. Within one (1) year after the application is deemed complete, certify that the Final EIR has been completed in compliance with CEQA, and that the Final EIR was pre- ' sented to the decision - maker, which reviewed and considered the information con- tained in the Final EIR prior to approving the project. Such time may be extended once for a period of not more than ninety (90) days if circumstances justify and the applicant consents thereto (Section 15090; Section 21151.5 Public Resources Code). S. After approval of a project for which an EIR has been prepared and certified, prepare and file a Notice of Determination with the Los Angeles County Clerk within five (5) working days, and with the Office of Planning and Research if the project requires discretionary approval from a State agency (Section 15094). SECTION 3. REVIEW BY THE PLANNING COMMISSION 3.1 Review of a Negative Declaration. A. For any project for which it is the decision- maker, the Planning Commission shall review and consider the proposed Negative Declaration prior to making a decision on the project itself. It shall hold a public hearing, and at the conclusion of the hearing, the Commission shall sustain the Negative Declaration as proposed, or with modifica- tions, or shall require the preparation of an EIR. The Commission shall adopt a sepa- rate resolution setting forth findings of fact and acting upon the Negative Declaration (Section 15074 and 15202). B. For any project for which the decision -maker is the City Council, the Planning Com- mission may choose to review the Negative Declaration, in which event it shall hold a public hearing and then recommend to the City Council the adoption or revision of the Negative Declaration, or that an EIR be required. C. For any project for which the Planning Commission is an advisory body, it shall review and consider the proposed Negative Declaration before making its recommen- dation (Section 15025[c]). D. For any project for with the Director or the Design Review Board is the decision - maker, the Planning Commission may elect to review the Negative Declaration. If it elects to do so, it shall hold a public hearing, and at its conclusion, recommend to the decision -maker that the Negative Declaration be adopted, revised, or that the pre- paration of an EIR be required. • City of Downey Page 5 CEQA Procedures (rev. 02/09/93) 3.2 Review of a Draft EIR. A. Public Hearing on Draft EIR. The Planning Commission shall hold a public hearing on the Draft EIR after the completion of the review period. At least ten (10) days prior to the hearing, the Director shall cause notice of such hearing to be given. The public hearing may be continued from time to time, as deemed necessary by the Commission, and the Commission may require the project applicant or the Communi- ty Development Department to clarify, amplify, correct or supplement the information contained in the Draft EIR (Section 15087). B. Action by the Planning Commission. The Planning Commission shall respond to all issues raised in the review, consultation and hearing process, and shall approve the Draft EIR as submitted or with revisions, which revisions may include, but are not limited to, mitigating measures to minimize the impact of the proposed project and alternatives to the proposal. The Draft EIR shall not be approved on condition that further environmental data be submitted at any later time (Section 15088). C. Alternatives. As part if its evaluation, the Planning Commission shall (1) identify the alternative which would present the least environmental damage; and (2) in the event that the least damaging alternative is "no project," identify the next least damaging alternative in its action on the draft (Section 15126[d]). D. Comments Concerning Draft EIR. If the action of the Commission is at variance with the comments received, the response by the Commission shall contain detailed reasons why the specific comments and suggestions were not accepted. Failure of the Commission to render its decision within thirty (30) days after the conclusion of the public hearing shall be deemed approval of the Draft EIR, as submitted. The Commission shall adopt a separate resolution, setting forth findings of fact, acting upon the Draft EIR. 3.3 Appeal of Decision to Require EIR. The applicant, an organization or an individual may appeal the decision to require an EIR. The appeal shall be made by filing with the Community Development Department a written request, together with the appeal fee, as established by a resolution of the City Council, within ten (10) days from the date the notice was published or mailed, whichever occurs last. The appeal shall be heard by the Planning Commission within thirty (30) days after it is filed. At least ten (10) days prior to the hearing, notification of the hearing shall be given (Section 15087). At the conclusion of the hearing, the Planning Commission shall sustain the decision of the Director to require a full or focused EIR or shall modify the decision of the Director by authoriz- ing a focused EIR, or shall reverse the decision of the Director and direct that a Negative Decla- ration be prepared. The decision of the Planning Commission shall be final, unless appealed to the City Council. 3.4 Public Comment Period. During the period for appealing the decision of the Director to require an EIR, and for ten (10) days after the decision becomes final, any interested organization or individual may submit environmental comments, objections or concerns about the project to the Community Develop- .— City of Downey Page 6 CEQA Procedures (rev. 02/09/93) ment Department in writing. Such comments shall be submitted to the Planning Commission for review. SECTION 4. REVIEW BY OTHER DECISION- MAKERS 4.1 Negative Declaration Before approving any project for which a Negative Declaration has been proposed, the decision - maker shall consider the proposed Negative Declaration and any comments received during the public review period. If the decision -maker finds on the basis of the Initial Study and any com- ments received that there is not substantial evidence that the project will have a significant effect on the environment, it shall approve the Negative Declaration. if it is unable to make this finding, it shall either disapprove the project or require the preparation of an EIR (Section 15074). 4.2 Review of Final EIR. No decision -maker shall approve a project for which a Final EIR had been prepared without first reviewing and considering it. If the EIR identifies one or more significant environmental effects, the decision -maker shall make one or more of the following findings, in writing, accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required or otherwise made a part of the project which avoid or substantially lessen the identified significant environmental effect; 2. Any such changes or alterations are within the responsibility and jurisdiction of an- other public agency and not of the city, and further that such changes have been made by such other agency or can and should be made by such other agency; 3. That specific economic, social or other considerations make the mitigation measures or project alternatives identified in the Final EIR infeasible. Each of these findings must be supported by substantial evidence in the record. In addition, the decision -maker shall not approve a project unless all significant effects on the environment have been eliminated, all significant effects have been substantially lessened as set forth in the findings above, or it is determined that any remaining significant effects are unavoidable and are acceptable due to overriding considerations (Sections 15091 and 15092). 4.3 Statement of Overriding Considerations The decision -maker is required to balance the benefits of a proposed project against its unavoid- able environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effect, the adverse environ- mental effects may be considered "acceptable ". Where the decision of the City allows the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and /or other information in the record. City of Downey Page 7 CEQA Procedures (rev. 02/09/93) SECTION 5. APPEALING DRAFT ENVIRONMENTAL IMPACT REPORTS AND NEGATIVE DEC- LARATIONS TO THE CITY COUNCIL 5.1 Appeal to City Council. Any organization, individual or interested party who submitted comments in writing to the Com- munity Development Department during the public review period, or who submitted comments, orally or in writing to the Commission, on a Draft EIR or Negative Declaration, may appeal by filing with the City Clerk a written request, together with an appeal fee, as established by resolution of the City Council. The appeal must be filed within ten (10) days after the Planning Commission rendered its decision. Any member of the City Council may appeal the decision of the Planning Commission by so informing the City Clerk during, or prior to, the first regular meeting of the City Council that is held after the expiration of the ten (10) day appeal period. The appeal shall be heard by the City Council within thirty (30) days after it is filed. At least ten (10) days prior to the hearing, notification of the hearing shall be given. At the conclusion of the hearing, the City Council shall respond to major environmental issues raised during the hearing and shall sustain, modify or reverse the action of the Planning Commis- sion. If the action of the Council is at variance with the comments received, the response by the Council shall contain detailed reasons why specific comments and suggestions were not accepted. SECTION 6. PUBLIC REVIEW OF DOCUMENTS 6.1 Review of Initial Study and Negative Declaration. During the public review period, the Negative Declaration, including a copy of the Initial Study, shall be available to the public in the Community Development Department at least twenty -one (21) days prior to the public hearing, or at least thirty (30) days when the Negative Declaration is submitted to the State Clearinghouse for review. Public comment on the Negative Declaration must be submitted in writing to the Community Development Department prior to the end of the review period. Refer to Section 2.1.G. of these procedures for publication requirements. 6.2 Review of Draft EIR. The Draft EIR shall be available for public review and comment in the Community Development Department and the public library forty -five (45) days prior to the public hearing to provide an opportunity for members of the public to review and comment on the Draft EIR, unless a shorter review period is approved by the State. Refer to Section 2.1.G. of these Procedures for publi- cation requirements. 6.3 Review After Notice of Determination. The filing of a Notice of Determination starts a thirty (30) day period for bringing a legal chal- lenge to the project approval. All written comments received during the review process and the public hearing shall be retained on file during this thirty (30) day period and shall be available for public inspection in the Community Development Department. SECTION 7. EXEMPT PROJECTS 7.1 Specific Exemption. The City of Downey has determined the approvals listed below are ministerial. A ministerial project is one approved or denied by a decision which a public official or a public agency makes City of Downey Page 8 CEQA Procedures (rev. 02/09/93) that involves only the use of fixed standards or objective measurements without personal judgement or discretion. Ministerial projects are exempt from the requirements of CEQA and no environmental documents are required. A. Ministerial building permits; the issuance of a building permit shall be deemed minis- terial if the Community Development Department exercises no discretion in the issu- ance of the permit. If the permit involves both discretionary and ministerial actions, the permit shall not be deemed a ministerial act. B. Business licenses; C. Final subdivision maps; D. Individual utility service connections and disconnections; E. Tent permits; F. Public works permits; permits issued by the Public Works Department for work in the public right -of -way, including sewer, curb and gutter, A.C. berms, cross gutters, manholes, chain Zink fencing, signs, driveway approaches, sidewalks, roadway grad- ing, A.C. and concrete paving, catch basins, storm drains and walls that are not more than seven feet in height; G. Screening, fencing and retaining walls Tess than seven (7) feet in height; H. Private swimming pools for use by occupants of single and multi - family dwellings; I. Regulatory permits; J. Home occupation permits; K. Permits issued by the Fire Department, except permits to operate plants introducing dust or other particles into the air; permits pertaining to the manufacturing of, trans- porting of, or use of, explosives and blasting agents; permits for the storage, han- dling or use of hazardous chemicals. SECTION 8. MITIGATION MONITORING /REPORTING 8.1 CEQA Mitigation Monitoring /Reporting. Mitigation monitoring requirements are established by the City of Downey to comply with Section 21081.5 of the Public Resources Code. Mitigation monitoring /reporting ensures compli- ance with all mitigation measures adopted by the City as Lead Agency during project implemen- tation. 8.2 Development Checklist Mitigation measures shall be incorporated into a development checklist when a discretionary project is approved with mitigation measures through a Negative Declaration, Final EIR or sup- plements. The Initial Study and development checklist shall be adopted with the project approv- al, by separate resolution approving the Negative Declaration or EIR. The resolution shall be City of Downey Page 9 CEQA Procedures (rev. 02/09/93) recorded with the Los Angeles County Clerk, with sufficient parcel information, to facilitate disclosure of the mitigation measures to successors in interest. 8.3 Monitoring /Reporting Program - Plan Check Process. It is the intent of the City to monitor mitigation measures through the building, public improve- ment and map plan checking process. Plan checking involves Community Development, Public Works and Fire Departments. Each approved project shall be accompanied with a development checklist as part of the plan check process. The Director may require that the applicant submit a development checklist with plan submittals. The plan checker will be responsible for coordi- nating department requirements and verifying compliance with the development checklist. The City shall not issue building, grading or improvement permits until all applicable conditions on the development checklist have been incorporated into the project's plans. 8.4 Monitoring /Reporting Program - Inspection Process. It is the intent of the City to monitor mitigation measures through the inspection process. Inspection involves the Community Development, Public Works and Fire Departments. The City shall not issue occupancy permits or provide permanent utilities until all applicable conditions on the development checklist have been constructed and complied with. After the project plans are approved, and before the final inspection of the project, the Director may request the project applicant to submit proof of compliance with the development checklist. Verification of applicable mitigation measures will be noted on the certificate of occupancy. 8.5 Continuing Mitigation Measures. Projects approved with mitigation measures that continue beyond the certificate of occupancy shall be identified in the Negative Declaration, Final EIR and supplemental documents. The Director may require the applicant or successors in interest to submit information demonstrating compliance. The Director may require separate agreements insuring compliance or continuing reporting to insure compliance. The Director may also require that cumulative mitigation measures be addressed in project covenants, codes and restrictions, or that performance be secured through a financial instru- ment approved by the City or by other methods. 8.6 Mitigation Measures - Other Agencies. It shall be the responsibility of other agencies to monitor mitigation measures requested by these other agencies. The City shall notify these agencies of which mitigation measures have been included in the project approval by mailing the Final EIR. These agencies shall notify the City in writing when each of their mitigation measures has been complied with. No response from an agency may be considered compliance with the requested mitigation measure. SECTION 9. FILING FEES AND PROCESSING CHARGES 9.1 Initial Study Filing Fees. The City of Downey has determined that initial environmental studies are required by CEQA for certain discretionary projects. An Initial Study filing fee, as established by City Council resolu- tion, shall be paid at the time the project application is submitted. City of Downey Page 10 CEQA Procedures (rev. 02/09/93) 9.2 Expanded Negative Declarations /EIR Filing Fee. The City of Downey has determined that expanded Negative Declarations, Draft and Final EIRs, and supplemental environmental documents are required by CEQA for certain discretionary projects. A filing fee of ten percent (10 %) of the preparation cost shall be deposited to begin processing. All preparation costs, including staff and consultant services, shall be borne by the applicant. 9.3 Outside Consultants. The City of Downey may process expanded Negative Declarations, Draft and Final EIRs and supplemental environmental documents by use of consultants. The Director shall maintain a list of eligible environmental consultants and the list shall be updated every year. The consultant shall be a contractor of the City and all costs shall be borne by the applicant. Once it is deter- mined that the City will use a consultant, the City will circulate a Request For Proposals and Initial Study. When in receipt of proposals, the Director will evaluate each scope of service and select the most qualified firm. Once selected, the Director will inform the applicant. The contract amount will be deposited with the City, with an agreement for consulting services. The City will arrange payment sched- ules and document completion amounts. the City may hire outside consultants to verify compli- ance with mitigation monitoring for specialized areas of expertise or for continued monitoring. Cost for monitoring shall be borne by the applicant. 9.4 Copying Charges. Members of the general public requesting copies of Negative Declarations or Draft EIRs or Final EIRs shall be charged for the actual costs of reproducing the copies. SECTION 10. LAND USE ANALYSIS PROGRAM: GUIDELINES FOR PREPARING TRANSPOR- TATION IMPACT ANALYSIS FOR EIRS. 10.1 Source of Transportation Impact Analysis Methodology State legislation requires that a Congestion Management Program (CMP) be prepared to coordi- nate traffic improvements, transportation demand management, and evaluation of new develop- . ments' impacts on the major roadway network for every urbanized county in California. The L.A. County Metropolitan Transportation Authority (MTA) prepares and adopts the CMP for Los Angeles County. The County's first CMP was prepared and adopted by the MTA's predecessor agency, the L.A. County Transportation Commission (LACTC) in 1992. One element, or t, o chapter, of the CMP discusses procedures for evaluating impacts of local land use decisions on the regional roadway network. To ensure that such analysis is completed using consistent procedures in all jurisdictions, the CMP includes a Transportation Impact Analy- sis (TIA) methodology (Appendix D in the first CMP). Each jurisdiction must employ this meth- odology when preparing transportation studies for projects that require an EIR. The TIA method- ology may be changed as the CMP is revised and updated biennially. Further, "Baseline Travel Data for CMP TIA's" may be updated by the MTA on an ongoing basis. 10.2 Application of Transportation Impact Analysis Methodology. The City of Downey has determined that every EIR prepared pursuant to these Procedures shall employ the "Guidelines for CMP Transportation Impact Analysis" (TIA Guidelines) included as Appendix D in the CMP adopted on November 18, 1992. In the event that those Guidelines are revised, the EIR shall employ the Guidelines approved by the MTA as of the last date for public City of Downey Page 11 CEQA Procedures (rev. 02/09/93) comment on the project's Notice of Preparation. TIA analysis shall employ the MTA's most recent release of "Baseline Travel Data for CMP TIA's ". These procedures need not be amended for each revision of the CMP TIA methodology or its Baseline Travel Data. 10.3 Definition of Significant Impact The "Guidelines for CMP Transportation Impact Analysis" include criteria for determining when a project may have a "significant impact" on a CMP facility. The City of Downey reserves the right to determine the definition of "significant impact" for intersections and roadway segments that are not part of a CMP facility. The City of Downey further reserves the right to establish a more stringent definition of "significant impact" to a CMP facility than is provided in the TIA Guidelines. 10.3 Exemptions to the CMP TIA Requirements EIRs for the following projects shall be exempt from employing the CMP TIA methodology, as permitted by the Congestion Management Program: • Projects that entered into a development agreement with a local jurisdiction prior to July 10, 1989. Development agreements are obligations entered into on the part of a developer and a jurisdiction as specified under Section 65864 of the California Government Code. • Low and very low income housing. Definitions of low and very low income housing are provided by the California Department of Housing and Community Development as follows: • Low - income: equal to or Tess than 80% of the median income, with adjust- ments for family size. • Very Low - Income: equal to or less than 50% of the median income, with adjustments for family size. • Until June 1, 1995, buildings and structures damaged or destroyed in Los Angeles County as a result of civil unrest during the state of emergency declared by the Governor on April 29, 1992. • High- density residential development located within 1 /4 mile of a fixed rail passenger station. State statute defines "high density" as equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. • Mixed -use development located within '/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed -use development is used for high density residential housing, as determined by the agency. mixed -use devel- opment is defined by statute as development that integrates compatible commercial or retail uses, or both, with residential uses, and which, due to the proximity of job locations, shopping opportunities, and residences, will minimize new trip generation. • Projects for which an NOP was prepared and distributed pursuant to CEQA prior to the local jurisdiction's adoption of this Land Use Analysis Program. • City of Downey Page 12 CEQA Procedures (rev. 02/09/93) 10.5 Phased Development Projects Phased development projects, or development projects requiring subsequent approvals, need not repeat the process of Transportation Impact Analysis as long as no significant changes are made to the project. It shall remain the discretion of the Lead Agency to determine when a project is substantially the same and thus covered by a previously certified EIR.