HomeMy WebLinkAboutCity Council - 4501 RESOLUTION NO. 4501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING EXISTING POLICIES,
OBJECTIVES, CRITERIA AND PROCEDURES FOR EN-
VIRONMENTAL EVALUATION OF PUBLIC AND PRIVATE
PROJECTS
Pursuant to Section 9720 of the Huntington Beach Ordinance
Code, the City Council of the City of Huntington Beach hereby
adopts the following provisions as amended to supplement and
implement the California Environmental Quality Act of 1970 .
SECTION 1. ENVIRONMENTAL APPLICATIONS. An environmental
application shall be filed in a form prescribed by the Department
of Environmental Resources for all projects unless the project
is exempt under the provisions of CEQA or exempt under the regu-
lations of the City of Huntington Beach. All other applications
required by the City of Huntington Beach for the project shall
be filed concurrently with the environmental application.
SECTION 2. FEES. Upon filing the environmental applica-
tion, the applicant shall pay an administrative processing fee
of seventy-five dollars ($75) . If the environmental evaluation
of the project is determined by the Department of Environmental
Resources or the Environmental Review Committee to require an
environmental impact report, the applicant must post a deposit
in the amount of the estimated cost of the EIR prior to the
city' s undertaking preparation of such EIR. If the actual cost
of the environmental impact report is less than the estimate,
a refund of the difference between the actual cost and the es-
timated cost shall be made to the applicant . If the actual cost
exceeds the estimated cost, the applicant shall reimburse the
city for the difference .
Where an EIR is required, in addition to the
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actual cost of preparation of the EIR, the applicant is re-
quired to pay an administrative processing fee based on the
project value as follows :
Project Value Administrative Fee
0 - $ 14000,000 $400
$ 1,000, 000 - $ 24500,000 $400 plus $4 for each $100,000
of project value over $1,000,000
$ 2,500,000 - $ 5,000,000 $460 plus $3.50 for each $100, 000
of project value over $2,500,000
$ 5,000, 000 - $ 7,500,000 $550 plus $3 for each $100,000
of project value over $5,000,000
$ 7,500, 000 - $10, 000000 $625 plus $2. 50 for each $100,000
of project value over $7,500,000
$10, 000, 000 and over $690 plus $2 for each $100,000 of
project value over $10, 000, 000 up
to $1,500, after which the fee
shall be set by the Environmental
Review Committee
SECTION 3 . EXPIRATION OF ENVIRONMENTAL APPROVAL. Environ-
mental documents approval by the discretionary body shall run
concurrently with the approval of the project , unless there are
substantial changes proposed which will require major revisions
in the environmental documents, in which case new environmental
documents shall be submitted at the time of reapproval of such
project .
SECTION 4 . ENVIRONMENTAL REVIEW COMMITTEE ENVIRONMENTAL
EVALUATION PROCEDURES. The procedure for environmental evaluation
by the Environmental Review Committee is depicted in the flow
diagram attached as Addendum No. 1 and incorporated herein by
reference . The criteria to be used by the Environmental Review
Committee for evaluation of potential environmental effects shall
be in accordance with CEQA and the guidelines promulgated by the
State Office of Planning and Research. The following documents
shall be filed at the time of the application for environmental
evaluation:
2.
(a) Four (4) copies of the environmental application shall
be filed with the Environmental Review Committee;
(b) Four (4) copies each of the following data must accom-
pany the environmental application:
(1) Plot plan drawn to scale,
(2) Location and elevation of structures, both ex-
isting and proposed,
(3) Location and size of existing trees and shrubs ,
(4) Parking plan and access from adjacent streets,
(5) Landscaping, fencing and wall proposed, if any,
(6) Topography and any unique features of the land,
(7) Photographs of the project area sufficient to de-
pict pictorially existing physical conditions of the pro-
posed project area.
SECTION 5. DEPARTMENT OF ENVIRONMENTAL RESOURCES ENVIRON-
MENTAL EVALUATION PROCEDURES . The procedure for environmental
evaluation by the Department of Environmental Resources is de-
picted in the flow diagram attached hereto as Addendum No. 2 and
is incorporated herein by reference . The criteria to be used by
the Department of Environmental Resources for evaluation of po-
tential environmental effects shall be as provided in CEQA and
the guidelines promulgated by the State Office of Planning and
Research. The documentation filed with the Department of
Environmental Resources shall be identical with that required under
Section 4 hereinabove, except that only two (2) copies of each
document are required.
SECTION 6. CATEGORICAL EXEMPTIONS. Pursuant to the imple-
mentation guidelines of the California Environmental Quality Act
each public agency shall list in its procedures those specific
activities which fall within each of the exempt classes estab-
lished in the Act . To that end the following list of categorical
exemptions is hereby established :
A. C.E. Q.A. Exemptions. All categorical exemptions established
�n S. 15100 et seq. of the Guidelines for Implementation of the
3.
the California Environmental Quality Act of 1970 as there-
after amended are hereby incorporated by reference.
B. Other Exemptions. The following list of additional exemp-
tions recognized by the city are further declared to be con-
sistent with both the letter and intent of the California
Environmental Quality Act .
1. Class I : Existing Facilities. The operation, repair,
maintenance or minor alterations of
(a) Existing highways and streets (within already es-
tablished rights-of-way, railroads, and navigable
waterways; bridle trails, service roads, fire lanes,
and golf cart paths.
(b) Outdoor lighting for security and operations .
(c ) Interior or internal modifications to established
areas which are fully developed within larger environ-
ment of parks or recreation centers, where such in-
terior or internal modification is essentially a
rearrangement rather than additive function.
(d) Renewal of any lease, license or permit to use ex-
isting structure or facility for the use involved
negligible or no permanent effects on the environment
provided that such renewal does not involve a dis-
cretionary approval and is not in conflict with the
Huntington Beach Municipal and Ordinance Codes.
2 . Class IV: Minor Alterations to Land. Minor alterations
in the condition of land, water, and/or vegetation which
do not involve removal of trees except for agricultural
purposes including:
(a) New gardening, tree planting, or landscaping but not
including tree removal except trees or limbs deter-
mined to be dead, damaged or diseased by the Director
of Public Works .
(b) The renewal of any lease, license, or permit to use
land where the use involves negligible or no permanent
4.
effects on the environment.
3 . Class V: Alterations in Land Use Limitations . Minor
alterations including:
(a) Minor street, alley, and utility easement vacations
(b) Consolidation of lots and/or parcels
4 . Class VI: Information Collection. Class VI consists of
basic data collection, research, experimental management
and resource evaluation activities which will cause no
changes or only minor physical changes on the site where
the information is being collected. These may be for
strictly information gathering purposes, or as part of
the study leading to an action which a public agency has
not yet approved, adopted, or funded. This includes
but is not limited to:
(a) Permits for test holes in public areas which will be
used for engineering evaluation for streets, sewers,
storm drains, building or utility installation.
(b) Basic data collection, field testing, research, ex-
perimental management and resource activities of city
departments which do not result in a serious or major
disturbance to an environmental resource.
(c ) Accumulation of basic research data on private prop-
erty for preparation of an EIR.
5 . Class IX Inspections . Class IX consists of activities
limited entirely to inspection, to check for performance
of an operation or quality, health or safety of a project
including related activities such as inspection for pos-
sible mislabeling, misrepresentation, or adulteration of
products . This includes but is not limited to activities
of city departments, bureaus, divisions, sections, offices,
or officers limited entirely to inspection to check the
performance of an operation or the quality, health, or
safety of a project .
6 . Class XI : Accessory Structures. Class XI consists of
5.
construction or placement of minor structures accessory to
(appurtenant to ) existing commercial, industrial, institu-
tional, and planned development facility. These include,
but are not limited to:
(a) Small parking lots, five spaces or less .
(b) Game courts, play equipment, drinking fountains,
restrooms.
(c ) Placement of seasonal or temporary use items such as
lifeguard towers, mobile food units, and similar items
and generally the same locations from time to time
upon publicly-owned property.
7 . Class XX: Changes in Organization of Local Agencies .
Adoption of ordinances (except zoning) which establish or
amend procedures for reviewing an activity or which require
subsequent discretionary action which is subject to C.E. Q.A.
Also, minor amendments to zoning ordinances that do not
change the development standards intensity or density of
such districts are exempt under this category.
SECTION 7. Resolution No. 4397 and all other resolutions
in conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st day
of August , 1977.
ATTEST: 4
Alicia M. Wentworth
City Clerk Mayor
d".� APPROVED AS TO FORM:
Deputy City Clerk
City Attor VVED-
Z;�. M TREVIEWED AND APPROVED: INITIATED AND APP
�i_
Cit Administrator irecto f Planning
6.
F
4
IR
r
Environmental Document Processing,
.Visioning&Feaiii Study Environmental Review Committee
Madnistratire or Maintenance activity
p *Proposals to Vote of People
*Exempt by Sure Iaw
*Enactment of the State Legislature
Nodoe of
F Cuopktion Public and Responsible
Public with Resources Agency Review
Activity Project Works Agency
Projects
initial Stud ERC Reviews Initial EIR Publication •c Hering
Undrtaken Study to Determine ERC Causes EIR in local row r b ERC and Flew EDT to Modify and/or
Significant Environ• To Be Prepared Adequacy f�Posting &posted for 30 Final EDT Ca �y Approve EIR
mental Effect days in city clerks to be Prepared
office
n
Part of a Former EIR I of
Modify and/or Approve Sent to
On-Going D Canty Clerk
Emergency Negative Dedaatioe by Dlsaetiomrf Body
A£sahtaial
Categorically Exempt
' ERC Prepares
Negative Declaration Pure Hearing to Discretionary
Negative Declaration Negative Negative Held by Dieaetionary publication in local Declaration with Comments
Negative
Notice of ( N rcewepaper and posted for and Prisons Comments end Discretionary o pedasation
IE.�ed° I ICY 10 days o City Cirks Forwarded to toff eporryBody p6approved
ofiice Body with Staff Report for Approval
LEI
Negative Declam
Y tion Forwarded to Discre-
tionary Body and Posted
with Permit or Entitlement
Addendum 1
Applicant may Appeal me Requirement .
to Prepare an EIR Appeal to Discretionary
Body First Having Jurisdiction -
Res. No. 4501
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the lst day
of August 19 77 by the following vote:
AYES: Councilmen:
Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
None
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By C
Deputy City Clerk