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HomeMy WebLinkAboutRedevelopment Agency - 41 RESOLUTION NO.. 41 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR IMPT 'ING THE CALIFORNIA ENVIR01NM PAL QUALITY ACT AND MAKING FINDINGS THAT THE ENVIR011V1E TAL REVIEWS CONDUCTED FOR THE TALBERT-BEACH, YORKTOWN-LAKE AND MAIN-PIER REDEVELOP- MENT PLANS HAVE BEEN CONSISTENT WITH THESE PROCEDURES. WHEREAS, the City of Huntington Beach' Redevelopment Agency is a "Local Agency," as that term is defined and described in Section 15030, 15064 and 15065 of the California Environmental Quality Act (CEQA) Guidelines as amended, certified and prescribed by the Secretary for the Resources Agency of the State of California and contained in Division 6,. 'Title 14 of the California Administrative Code; and WHEREAS, the Agency is therefore responsible for the implementation of and compliance with the provisions of the CEQA and the guidelines in such adoption, amendment and implementation of redevelopment plans. WHEREAS, the City of Huntington Beach procedures, as set forth in City Council Resolution 4501 -for implementation of the California Environmental Quality Act of 1970, are included as Exhibit "A", and attached hereto and incorporated herein as the principles, objectives, criteria, and procedures to be used by the Redevelopment Agency in implementing the CEQA and Guidelines in the adoption, amendment and implementation of redevelopment plans. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Huntington Beach approves and adopts the City of Huntington Beach procedures for implementation of the California Environmental Quality Act of 1970 as the procedures which will be adhered to by the Agency in the adoption, amendment and implementation of.redevelopment plans. Section 2. The Redevelopment Agency of the City of Huntington Beach further resolves that these procedures are consistent with the requirements of the California Environmental Quality Act and_that the Agency has adhered to both in conducting the environmental assessments and reviews for the Talbert-Beach, Yorktown-Lake and Main-Pier Redevelopment Plans. L APPROVED AND ADOPTED THIS 7th day of September, 1982. ATTEST: Secretary Chairman APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT: Lega Counsel Director, Business Industrial Enterprise APPROVED: Chief Executive Officer EXHIBIT "A" `�UNTINGTUN BEAU PLANNING DEPT. AUG 3 1977 RESOLUTION NO. 4501 F'. 0. Box 190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY luntington Beach,CA9264t� 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 MT:ahb 1. 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 - $ 110002000 $400 $ 1,000, 000 - $ 2,5009000 $400 plus $4 for each $100, 000 of project value over $1,000,000 $ 2,500,000 - $ 5,000000 $460 plus $3. 50 for each $100, 000 of project value over $2,500,000 $ 5,000, 000 - $ 7,500000 $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 in S. 15100 et seq. of the Guldelines 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- AUIWI 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, divisionsA. 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. MON 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: � .,, � ue"_—� Alicia M. Wentworth ',f��y ✓ ' , City Clerk Mayor �� APPROVED AS TO FORM: Deputy City Clerk �- City, Attor VVED. M 'i';REVIEWED AND APPROVED: INITIATED AND APP i Administrator irecto f Planning j 6. Environmental Document Processing, .�It ,,, Atd." Environmental Review Committee ePYopeek to Vote d re"k a6a".pt by Stote law eRoodn"t of the ftft I,.pLtee campiefta lloliee d FRed Pekfe Not Reapodbfe 14"t oft Ramon" Apeeef Rakes AehkP PeaJeet Moab Revak Ag=L7 p•elea" bdW RRC RwAk bKW Ent P.ifeaUeo U.dvtakei Study to Dotermbo RRC caum FAR RAC Dounaaae kt Wed arw.pepa lC�ol.d FWi ER to MWW,oldlw t �FHFivieeloor To Re Peprea Adequacy be Plooft i pouted for go PW ZR Dkaetbo"7 Boy Atrptwe E A aa7.Y dq offim to b Mpted t Pert d a Far EIR ( d &theta[ I Wd*"d/e.An. get fe fawat�Cktk Eto••[eeef I Dedt�w y D1.eeKoear7 Rey' MYikrW I C."pd"Rp Mc hepra. Napo-Ded.adoo Mfe Haaeia,to he Mow-Del a� J-dMateCemoomb DedrNio�wkk hhRe ��e �.a Oda by Maetk.aq ptkfetbo in NoHa d I aanrgwp"ad pooled fa Ded1ea�0'1s DedaetioeEaeepuo" 10o Y dt7 Ckrluewaedad m Dkaatioe.ecy °YaNi°'"1 Boy Dbppowd iw.a I oRte Roy wkb Stay/Repot [or�d 6.:o..e■ral r.� Neptf.e OW Foew"dd to Dbow dooe7 Boil sad Footed "M Fe"k or Rodde a out Addendum 1 AppR"et rF MVW the R.,Jn"ent - to nepee r UL Apped a Dteaetiooecy Bay Pool IledeP J.ekaetio. Environmental Document Processing, :ti�study nAc&* Department Of Environmental Resources 4►opo do to vote of Feopk eLMW by state IAW eEretim-t of the State I.egiatare to Frojects Aap ou of Aanadwer of: of record ran Elemta Fled� Pabpe and Re kw k AetMry hoject S� ReworkZouft Ordinancesr Agency Agency Rerkw Ppjnb-pported by Hoeing yl�shy Dept.Reruns Woad EIR Pubiotion Ike-ing Ihrdertak- study to Doterodw Dept.Cara EIR Dept.Detwunier to local newspaper by Dept.and Find EIR to Nodify and/or t S ip �t K.nos- To Be Prepared Adequacy for Towing din Ypo a7for 3D a Fine'EIR and Diwetierry Body Approve EIR otBee p be hapred r 0 ymF- 1 NaBly asd/a ApRa.e Seat to County Clark N ddwW CAtegor'agy i Neptire Dedanaun by Diaebonery Body Dept.Pmpw 1 Nepd-Dedeadw Iley to be Neptiw Dadenti- NapWe Declaration ' Body pubRutlon is land wBh PabBe asd Pdrate Nepdo Dafraua. NIP — Body of aewgeper A pored lCn—ut-Forwerded la d In Dlaaudoaw7 D. eabon 1 for to aye la city Dkaetloowy Body aruh Body to Appr-al Dinpprored Ierrd Cbrka of ft stwaff Report Nepth Dedradau PerwanW to Dbua Body and Ported with Pat or B�Wkrert Addendum 2 AppBert any Appeal the RegWr -t - p PPYaepan-RBi.Appal to DkaNkuwy saay PYw B„lap Irladrtle■ Res. No. 41 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California,. DO HEREBY CERTIFY. that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of SeptpmhPr 1%Z_, and that it was. so adopted by the following vote: AYES: Members: Thomas, MacAllister, Mandic Finley Bailey, Kelly NOES: Members: None ABSENT: Members : Pattinson ox Secretary of the Redevelopment Agency of the City of. Huntington. Beach, Ca.