HomeMy WebLinkAboutCity Council - 5165 RESOLUTION NO. 5165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING EXISTING POLICIES, OB-
JECTIVES , CRITERIA AND PROCEDURES FOR ENVIRON-
MENTAL 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 im-
plement 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 Development Services for all projects unless the project is
exempt under the provisions of CEQA or exempt under the regula-
tions 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 application,
the applicant shall pay an administrative processing fee set by
resolution of the City Council. If the environmental evaluation
of the project is determined by the Department of Development
Services 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 estimated 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 actual cost
of preparation of the EIR, the applicant is required to pay an
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administrative processing fee based on the project value as set
by resolution of the City Council.
SECTION 3. EXPIRATION OF ENVIRONMENTAL APPROVAL. Environ-
mental documents approval by the discretionary body shall run con-
currently with the approval of the project, unless there are sub-
stantial changes proposed which will require major revisions in
the environmental documents , in which case new environmental docu-
ments shall be submitted at the time of approval 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 ref-
erence. 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:
( 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 existing
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 DEVELOPMENT SERVICES ENVIRON-
MENTAL EVALUATION PROCEDURES. The procedure for environmental
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evaluation by the Department of Development Services is depicted
in the flow diagram attached hereto as Addendum No. 2 and is in-
corporated herein by reference. The criteria to be used by the
Department of Development Services for evaluation of potential en-
vironmental 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 Development Services
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 established
in the Act. To that end the following list of categorical exemp-
tions is hereby established:
A. C.E.Q. A. Exemptions. All categorical exemptions established
in Section 15100 et seq. of the Guidelines for Implementation
of the California Environmental Quality Act of 1970 as there-
after amended are hereby incorporated by reference.
B. Other Exemptions. The following list of additional exemptions
recognized by the city are further declared to be consistent
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 en-
vironment of parks or recreation centers , where
such interior or internal modification is essentially
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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 environ-
ment provided that such renewal does not involve a
discretionary 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
determined 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 per-
manent 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 installa-
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tion.
(b) Basic data collection, field testing, research,
experimental 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
property 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 possible mislabeling, misrepresentation, or adultera-
tion of products . This includes but is not limited to
activities of city departments, bureaus, divisions,
sections , offices, or officers limited entirely to in-
spection 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
construction or placement of minor structures accessory
to (appurtenant to) existing commercial, industrial,
institutional, 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
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to C.E.Q.A. Also, minor amendments to zoning ordi-
nances that do not change the development standards
intensity or density of such districts are exempt
under this category.
SECTION 7. Resolutions No. 4397 , 4501 and all other resolu-
tions 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 4th
day of nrtnhar 1982
LL'I 4b
Mayor
ATTEST : APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED : INITIATED AND APPROVED:
-v
City Administrator rector of Drvelbpment
Services
6.
Res. No. 5165
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 4th day
of October 19 82 by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Mandic, Finley z Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California