City of Redondo Beach
NOTICE INVITING SEALED BIDS
BID#1415-012
NOTICE IS HEREBY GIVEN that the City of Redondo Beach, California, will receive sealed bids for the following:
3000 LB FORKLIFT 2.2L GASOLINE ENGINE
Bids will be received by Purchasing, 415 Diamond St., Door C, Redondo Beach, up to the hour of 11:00 a.m., Thursday, February 12, 2015 at which time they will be publicly opened and read aloud. Bids received after specified date and time will be considered late and returned to the bidder unopened. Each bid shall be submitted on a bid form obtained from Purchasing and in a sealed envelope with the bid number and the name and address of the bidder appearing on the outside of the envelope. No bid shall be submitted by telephone, fax, or electronic mail. The City of Redondo Beach reserves the right to reject any and all bids received and, to the extent permitted by law, to waive any irregularities in the bid.
Bid forms and specifications may be obtained by contacting:
Robert Norman in Financial Services, at (310) 318-0602 or robert.norman@redondo.org
Easy Reader Inc/Redondo Beach News/January 29, 2015/RD15-004
City of Redondo Beach
ORDINANCE NO. 3125-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING THE CITY’S CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES
WHEREAS, the City’s procedures for implementation for the California Environmental Quality Act (CEQA) are contained Title 10, Chapter 3 of the City’s Municipal Code, which incorporates by reference the State’s CEQA Guidelines contained in Title 14, California Code of Regulations Sections 15000 et seq. (CEQA Guidelines);
WHEREAS, the City’s CEQA procedures contained within the Municipal Code were last substantively updated in 1993 in Ordinances 2684 and 2698, with several additional amendments in 1994 and 1996 (Ordinances 2738 and 2772, respectively);
WHEREAS, the City’s CEQA procedures have not been consistently updated to incorporate the most recent amendments to the CEQA Guidelines;
WHEREAS, the City desires to update the Municipal Code to ensure ongoing consistency with the CEQA Statute, the CEQA Guidelines, and CEQA case law;
WHEREAS, to minimize the need for subsequent amendments to the City’s CEQA procedures contained within the municipal code, the City desires to rely more extensively upon the CEQA Guidelines adopted by the State;
WHEREAS, the City submitted the proposed amendments to Sections 10-3.603 (renumbered 10-3.602) and 10-3.701 to the Los Angeles County Metropolitan Transportation Agency on October 9, 2014;
WHEREAS, the amendments contained in this ordinance update Articles 1 – 11 of Title 10, Chapter 3 to accomplish the goals above;
WHEREAS, numerous non-elected City Bodies, Officials, Agencies, Boards, Commissions, Departments, Officials, Directors, and Employees (collectively “City Bodies”) have been granted the authority to take discretionary actions on behalf of the City, including, but not limited to approval of a Conditional Use Permit by Planning Commission or Harbor Commission (RBMC §§ 10-2.2506 and 10-5.2512);
WHEREAS, the City Bodies cannot normally act upon a discretionary action unless they have complied with CEQA, as discussed under Public Resources Code § 21080; and
WHEREAS, the authority to act on a CEQA Document is an inherent underlying power granted with the authority to take a discretionary action;
WHEREAS, the City’s Municipal Code currently defines decision-making body and decision-maker for the purposes of CEQA as “any agency, official, or employee of the City who is authorized to approve governmental action on a project, including but not limited to, the City Council and the Planning Commission” (RBMC § 10-3.105);
WHEREAS, the City believes that it has already expressly delegated authority to its non-elected City Bodies to act on a CEQA Document, as provided in RBMC §§ 10-3.105, 10-3.303, 10-3.304, 10-3.502, 10-3.503, 10-3.504, 10-3.607 (as contained in Ordinance 2684 [1993], Ordinance 2738 [1995], and Ordinance 2772 [1996]);
WHEREAS, the City wishes to avoid any uncertainty that its non-elected City Bodies have the authority to act on a CEQA Document(s) in conjunction with a discretionary action and has therefore added Section 10-3.110 of Title 10, Chapter 3, Article 1 of the City’s municipal Code;
WHEREAS, the City of Redondo Beach also desires to provide additional clarity and uniformity to its CEQA procedures;
WHEREAS, Section 21151(c) of the California Public Resources Code provides that “[i]f a nonelected decision making body of a local lead agency certifies an environmental impact report, approves a negative declaration or mitigated negative declaration, or determines that a project is not subject to [CEQA], that certification, approval, or determination may be appealed to the agency’s elected decision making body, if any”;
WHEREAS, Section 21151(c) of the California Public Resources Code is implemented in Sections 15090(b), 15074(f), 15061(e) of the CEQA Guidelines;
WHEREAS, neither the CEQA Statute nor the State CEQA Guidelines specify precise procedures for such appeals; and
WHEREAS, on February 16, 1993, the City Council of Redondo Beach adopted Ordinance 2684,which incorporated Title 10, Chapter 3, Article 11 into the City’s Municipal Code that contained the City’s CEQA Appeal procedures prior to the adoption of this Ordinance; and
WHEREAS, Title 10, Chapter 3, Article 11 of the Municipal Code did not contain specific procedures which allow for the appeal of certification of an EIR from a non-elected body to City Council, consequently the City relied upon its general appeal procedures before adoption of this ordinance;
WHEREAS, the City has amended and renumbered Article 11 of Title 10, Chapter 3 to clarify the City’s CEQA Appeal procedures and added specific appeal procedures for the certification of an EIR by a non-elected decision-making body;
WHEREAS, the City published Notice of proposed amendments to the City’s municipal code CEQA Procedures in the Easy Reader on October 9, 2014;
WHEREAS, the City held a duly noticed public hearing on October 21, 2014 on the proposed amendments to the City’s municipal code which was continued to December 2, 2014;
WHEREAS, the City published an additional notice of the proposed amendments to the City’s municipal code CEQA procedures in the Daily Breeze on November 21, 2014 and held another duly noticed public hearing on December 2, 2014;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. New text amendments contained in this ordinance are shown with underlined text; deletions are shown in either stricken text or with a written description (e.g. “the following sections are hereby deleted”); where existing intervening text, subsections, or sections have been omitted from this ordinance and are not specifically deleted, they shall not be considered amended or deleted and should therefore be considered retained in their current state (such language may be displayed as “…”);
SECTION 2. Section 2-9.712 of Title 2, Chapter 9, Article 7 is hereby deleted in its entirety and replaced with the language provided below.
2-9.712 Finality of decisions: Appeal of decisions.
(a) Decisions for the approval or denial of a permit or other entitlement by Harbor Commission may be appealed to the City Council, subject to the appeal procedures provided in the municipal code for the underlying permit/entitlement.
(b) In the event that there are no specific appeal procedures provided in the municipal code for the permit/entitlement, each and every person wishing to challenge the Harbor Commission’s decision shall file an appeal by 5:00 p.m. of the tenth (10th) calendar day following the Harbor Commission’s decision (or the next working day if the tenth (10th) calendar day falls on a weekend, holiday, or a day the City’s offices are closed). In computing 10 calendar days, the day of the Harbor Commission’s decision be excluded. The appeal must be submitted in writing and specify in detail the grounds for the appeal. All of the Appellant’s grounds for the appeal must have been (1) listed in the written appeal and (2) presented to Harbor Commission orally or in writing prior to the decision on the permit/entitlement (“Exhaustion Requirement”). The failure to comply with this Exhaustion Requirement shall be grounds for denial of those portions of the Appeal which were not exhausted.
SECTION 3. Sections 10-3.101, 10-3.105, 10-3.106, and 10-3.109 of Title 10, Chapter 3, Article 1 of the Redondo Beach Municipal Code are hereby amended as provided below. Sections 10-3.110 and 10-3.111 are hereby added to Title 10, Chapter 3, Article 1 of the Redondo Beach Municipal Code as provided below.
10-3.101 Purpose of chapter.
The purpose of this chapter is to establish the specific procedures which have been determined necessary to implement the California Environmental Quality Act (CEQA) of 1970 (as amended) insofar as it is applicable to the City, and, in so doing, to establish the responsibilities, criteria, and procedures to determine the manner in which a “project,” as defined in CEQA and this chapter, is subject to comply with the California Environmental Quality Act. Specifically, whether or not a proposed project, either public or private, requires an environmental impact report, negative declaration, or is exempt from the requirements established by CEQA. In the event an environmental impact report or negative declaration is required, this chapter establishes the responsibilities, criteria, and procedures for their preparation, dissemination, evaluation, and adoption so that public decision makers and the public will be informed of the environmental effects of a project before it is carried out or approved in accordance with Section 15002 of the CEQA Guidelines.
These Guidelines are binding on all City agencies, including the Redevelopment Agency, in the implementation of the California Environmental Quality Act (as amended). These Guidelines are specifically intended to achieve compliance with the intent and provisions of CEQA. In carrying out this policy, the City shall prepare required environmental documents at the earliest practicable time for a project to ensure that the environmental documents can be used as a tool to enable environmental constraints and opportunities to be considered during project planning.
Nothing in this chapter shall preclude the City from taking such other action in respect to projects as is deemed necessary by the City to obtain full compliance by the City with the provisions of the California Environmental Quality Act of 1970 (as amended). The CEQA Guidelines (California Code of Regulations Title 14, Section 15000 et seq.) are herein incorporated by this reference as if set forth in full, and any subsequent amendments thereto. If there are any inconsistencies between the provisions contained in Title 10, Chapter 3 of this Municipal Code and the State’s CEQA Guidelines, the State’s CEQA Guidelines shall control.
10-3.105 Definitions
“Feasible” shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors or as otherwise specified by CEQA.
“Guidelines” or “CEQA Guidelines” shall mean the “Guidelines for Implementation of the California Environmental Quality Act of 1970” (CEQA Guidelines) as adopted by the Secretary of the Resources Agency pursuant to the provisions of Section 21083 of the Public Resources Code as set forth in Chapter 3 of Division 6 of Title 14 of the California Administrative Code (Sections 15000 et seq.) and as said Guidelines may be amended or revised in the future.
“NEPA” shall refer to the Federal National Environmental Policy Act.
“Significant effect” or “significant effect on the environment” shall mean an important result, either beneficial or adverse, on the environment which result may be produced by implementation of a project as proposed.
10-3.106 Consistency with National Environmental Policy Act.
In instances where the environmental review documentation for an undertaking is prepared pursuant to the requirements of the National Environmental Policy Act and implementing regulations thereto, all or any part of such documentation may be submitted in lieu of all or any part of the requirements of this chapter; provided, however, any such documentation, or part thereof, shall be consistent with the requirements for such documents contained within CEQA or Article 14 of the CEQA Guidelines. comply with the requirements of this chapter.
10-3.109 Evaluation of application for environmental assessment.
After the submittal of a complete application and such other information as necessary by the applicant, a determination shall be made on each of the following (a formal written determination/finding is not required to fulfill the requirements of this section):
(a) Is the project exempted from preparation of environmental documents pursuant to the provisions of this chapter? If the project is exempted, such finding shall be embodied in an exemption declaration pursuant to Article 3 of this chapter.
(b) If the project is not exempted, the city shall follow the procedures for an initial study contained in Section 15063 of the CEQA Guidelines.an initial study shall be prepared pursuant to Article 4 of this chapter.
10-3.110 Rules for construction of language.
In addition to the General Provisions of the Municipal Code, the following rules of construction shall apply to Title 10, Chapter 3:
(a) The particular shall control the general.
(b) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(1) “And” indicates that all the connected words or provisions shall apply.
(2) “Or” indicates that the connected words or provisions may apply singly but not in combination.
(3) “Either…or” indicates that the connected words or provisions shall apply singly but not in combination.
(4) “And/or” indicates that the connected words may apply either singly or in combination.
(c) All references to departments, commissions, bodies, or other public agencies are to those of the City of Redondo Beach, unless otherwise indicated.
(d) All references to public officials are to those of the City of Redondo Beach, and include designated deputies of such officials, unless otherwise indicated.
(e) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day.
(f) Article and section headings contained in this chapter shall not be deemed to govern, limit, modify or in any way affect the scope, meaning or intent of any section hereof.
(g) The present tense includes the future, and the future the present.
(h) The singular number includes the plural, and the plural the singular, unless otherwise indicated.
(i) References in the masculine and feminine genders are interchangeable.
(j) The word “activities” and “facilities” include any part thereof.
(k) All references to Sections contained in the CEQA Guidelines or the Public Resources Code shall incorporate any future amendments to those provisions.
10-3.111 Authority for Non-Elected Decision-Making Bodies/Makers to Act on CEQA Documents.
Any non-elected City Body, Official, Agency, Board, Commission, Department Official, Director, or employee (collectively “City Body”) who has the authority under the City’s Charter, Municipal Code, Ordinance, Resolution, Master Plan, or State law to approve a discretionary action on a Project, shall also have the authority to approve, certify, deny approval, or deny certification of any CEQA Document related to that discretionary action. Where a Project involves multiple discretionary actions which require approval from a non-elected City Body in addition to the approval by an elected official and/or body, City Manager or designee shall have absolute discretion to determine which shall act on the CEQA Document. Any City Body shall also have the authority to enter into a Mitigation Agreement pursuant to CEQA Guidelines Section 15070(b)(1), to prepare and release CEQA Documents for public review, and to publish notices pursuant to CEQA.
This section shall not be interpreted to limit the powers of any non-elected City Body or elected official, including but not limited to the City Council and the Mayor.
For the purposes of this Section, “CEQA Documents” include, but are not limited to, any documents prepared pursuant to CEQA, or documents which are required to be acted upon concurrently with CEQA, such as (a) an Environmental Impact Report (“EIR”), (b) a Negative Declaration (“ND”) or Mitigated Negative Declaration (“MND”), (c) determinations that a project is exempt from CEQA pursuant to Statutory or Categorical Exemptions, (d) Initial Studies, (e) a Subsequent or Supplemental EIR, ND, or MND, (f) an Addendum to a previously prepared CEQA Document, (g) Master EIRs, (h) Focused EIRs, (i) joint CEQA and NEPA documents, (j) Water Supply Assessments prepared pursuant to Water Code Sections 10910 et seq., (k) CEQA Findings, (l) CEQA Statements of Overriding Considerations, or (m) CEQA Mitigation Monitoring or Reporting Programs.”
SECTION 4. Section 10-3.201, of Title 10, Chapter 3, Article 2 of the Redondo Beach Municipal Code is hereby amended as provided below. Sections 10-3.202 (“Criteria for significance”) and 10-3.203 (“Significant effects”) of Title 10, Chapter 3, Article 2 are hereby deleted in their entirety.
10-3.201 General.
The decision whether or not a proposed project will have a significant effect on the environment calls for careful judgment on the part of the City, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting. The establishment of precise criteria to be used in all environmental situations is rendered impracticable by the fact that the significance of an environmental impact will vary with the location and setting of the proposed project. It must be recognized that differences of opinion may exist as to whether or not a particular project will have a significant impact on the environment.
SECTION 5. Sections 10-3.301 and 10-3.302, of Title 10, Chapter 3, Article 3 of the Redondo Beach Municipal Code are hereby amended as provided below. Sections 10-3.303 (“Notice of an exemption declaration”) and 10-3.304 (“Finality and time limits of an exemption declaration”) of Title 10, Chapter 3, Article 3 are hereby deleted in their entirety.
10-3.301 Criteria for exemptions.
The following criteria shall be used in determining whether a project is exempt from the requirement for preparation of environmental documents:
(a) The project is categorically exempt because it falls within the list of classes of projects which have been determined not to have a significant effect on the environment per Article 19 of the CEQA Guidelines.
(b) The project is statutorily exempt because it falls within the list of classes of project which have been determined to be exempt by statute per Article 18 of the CEQA Guidelines.
(c) The project is exempt by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(d) Section 15300.2 of the CEQA Guidelines which contains exceptions to several classes of categorical exemptions. An exemption may be negated because of the existence of the following factors:
(1) The project site is environmentally sensitive;
(2) The project and successive projects of the same type in the same place will result in cumulative impacts;
(3) There are unusual circumstances creating the reasonable possibility of significant effects.
10-3.302 Preparation and content of an exemption declaration
When a project is determined to be exempt from CEQA, the City shall comply with the requirements contained in Sections 15061 and 15062 of the CEQA Guidelines.
(a) Preparation of an exemption declaration. When a project is determined to be exempt, an exemption declaration shall be prepared and notice shall be given pursuant to Section 10-3.303.
(b) Content of an exemption declaration. An exemption declaration shall include the following:
(1) A concise description of the project;
(2) A finding that the project is exempt, including a reference to the CEQA Guideline provision under which it is found to be exempt;
(3) A brief statement of reasons to support the finding.
SECTION 6. Sections 10-3.402 (“Notice of public review period and circulation of the initial study.”) and 10-3.403 (“Public review periods”), of Title 10, Chapter 3, Article 4 are hereby deleted in their entirety. Section 10-3.401 of Title 10, Chapter 3, Article 4 is hereby amended as follows:
10-3.401 Preparation of the initial study
The City shall prepare an initial study which complies with Section 15063 of the CEQA Guidelines. If the City determines that an EIR will clearly be required for the project, an initial study is not required but may still be desirable.
(a) The initial study shall analyze whether the project may have a significant effect on the environment and, further, provide all the information necessary to decide whether a negative declaration or an EIR shall be prepared.
(b) The initial study shall be in written form and shall include the following:
(1) A concise description of the project;
(2) A brief description of the existing environment where the project will be located;
(3) An identification of environmental effects by use of a checklist;
(4) An assessment, quantified where possible, of the environmental impacts of the project, including reasons why such impacts may or will not be significant;
(5) A discussion of ways to mitigate the significant effects identified, if necessary;
(6) An examination of whether the project is compatible with existing zoning and adopted plans;
(7) The name of the person or persons who prepared or participated in the initial study;
(8) A recommendation as to whether an EIR or a negative declaration is the appropriate environmental document for the project.
SECTION 7. Sections 10-3.501 (“Preparation of negative declaration.”), 10-3.502 (“Review and certification of the negative declaration.”), 10-3.503 (“Notice of hearing to certify a negative declaration.”), and 10-3.505 (“Extensions.”) of Title 10, Chapter 3, Article 5 are hereby deleted in their entirety and replaced with the language provided below. Section 10-3.504 is hereby renumbered 10-3.505 and amended as provided below.
10-3.501 Preparation of a negative declaration.
A Negative Declaration or Mitigated Negative Declaration shall contain the information as prescribed in Section 15071 of the CEQA Guidelines.
10-3.502 Notice of Intent to Adopt a Negative Declaration
(a) The City shall provide notice of intent to adopt a Negative Declaration or Mitigated Negative Declaration in compliance with Section 15072 of the CEQA Guidelines. Such notice can be combined with the any other notice otherwise required for the Project. In addition to the requirements provided by the CEQA Guidelines, notice shall also include at least one of the following:
(1) The publication of such notice at least once in a weekly newspaper of general circulation within the South Bay area of Los Angeles County;
(2) The posting of such notice in at least one prominent place on or about the project site. In the event the project abuts 200 or more lineal feet of street frontage, or is itself a street project, at least one such notice shall be posted on or about the street line at intervals of not more than 200 lineal feet starting at each end of the project;
(3) The mailing of such notice to persons owning property within a 300 foot radius of the project site; and
(4) Such notice can be combined with the hearing notice otherwise required for the Project, if feasible, and further provided that in the case of amendments to the text provisions of Title 10, not dealing with any specific parcel of land, notification shall be by the method set out in subsection (a)(1) of this section only.
10-3.503 Public review of a proposed negative declaration
The City shall provide a public review period for the proposed Negative Declaration or Mitigated Negative Declaration in compliance with Section 15073 of the CEQA Guidelines.
10-3.504 Adoption of a negative declaration
The City shall comply with the requirements contained in Section 15074 of the CEQA Guidelines before adopting a Negative Declaration or Mitigated Negative Declaration. After adopting a Negative Declaration or Mitigated Negative Declaration the City shall file a Notice of Determination as provided by Section 15075 of the CEQA Guidelines.
10-3.5045 Time limits for a and finality of a negative declaration.
(a) Time limits. A negative declaration or Mitigated Negative Declaration must be completed and ready for certification within 180105 days from the date when the City accepts the application as complete. A negative declaration or Mitigated Negative Declaration may be certified at a later time when the permit or other entitlement is approved. The time limits established in this subsection may be extended for a reasonable period of time in the event compelling circumstances justify additional time in accordance with Section 15109 of the CEQA Guidelines or the project applicant consents to the extension.
(b) Finality. A certified negative declaration shall become final and conclusive unless appealed pursuant to Section 10-3.1103.
SECTION 8. Sections 10-3.601, 10-3.606, 10-3.607, and 10-3.608 of Title 10, Chapter 3, Article 6 are hereby deleted in their entirety. Sections 10-3.602, 10-3.603, 10-3.604, 10-3.605 are hereby renumbered and amended as provided below. Section 10-3.605 is hereby added to Title 10, Chapter 3, Article 6 as provided below.
10-3.6021 Preparation of the EIR.
(a) One year time limit. The total time for the preparation and certification of an EIR shall not exceed one year. The time shall begin on the date which the application is deemed to be complete. The time limits established in this subsection may be extended for a reasonable period of time in the event compelling circumstances justify additional time or the project applicant consents to the extension, in accordance with Section 15108 and 15109 of the CEQA Guidelines.
(b) Responsibility for preparing the EIR. The EIR shall be prepared by the City by its own efforts or by contract to a consultant.
(c) List of qualified consultants. A list of qualified consultants for the preparation of EIRs for the City shall be established. When the decision-making body determines that an EIR is required for a project, the City shall request proposals to prepare the document from the qualified consulting firms. The selected consultant and City shall enter into an agreement to prepare the EIR prior to the consultant commencing work. Prior to commencement of work on the EIR, the project applicant shall deposit funds with the City equal to the amount in the agreement between the City and consultant to cover the cost of preparation of the EIR.
(d) Submittal of proposals. Proposals submitted by consultants for the preparation of an EIR shall be thoroughly evaluated and a consultant selected based on the following criteria:
(1) Proposal content;
(2) Cost;
(3) Ability to perform the scope of work;
(4) Previous similar experience; and
(5) Time schedule.
10-3.6032 Notice of preparation of an EIR.
If no appeal has been filed pursuant to Section 10-3.1103, aA notice of preparation (NOP) of an EIR shall be given as follows:
(a) Notice to State Clearinghouse. Ten (10) copies of the NOP shall be sent to the State Clearinghouse unless otherwise specified by the State Clearinghouse or the CEQA Guidelines.
(b) Notice to list of agencies. Consistent with Section 15082 of the CEQA Guidelines, the City shall send to the Office of Planning and Research and each responsible agency and trustee agency a notice pursuant to this section. A list shall be compiled in accordance with Section 15087(f) of the CEQA Guidelines of responsible agencies, or other public agencies having jurisdiction by law, and persons or agencies having special expertise. The NOP shall be delivered or mailed such that a receipt showing delivery to the agency is provided.
(c) Notice to Regional and Municipal fixed-route transit operators. Regional and Municipal fixed-route transit operators. Local fixed route bus operators who operate a bus route that passes within one mile of the project and express bus and rail transit operators who operate a route that passes within two (2) miles of the project shall be included in the list of agencies sent the NOP pursuant to subsection (b) of this section. The regional and municipal fixed-route transit operators shall also be sent in conjunction with the NOP the “Transit Impact Review Worksheet” (or its equivalent) contained in the Los Angeles County Congestion Management Program Manual, completed by the project applicant. Consistent with Public Resources Code 21092.4, for a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies that have transportation facilities within their jurisdictions that could be affected by the project.
(d) Content of notice of preparation. The notice of preparation shall contain the information as prescribed in Section 15082 of the CEQA Guidelines. A notice of preparation shall include the following:
(1) A description of the project;
(2) Location of the project indicated on a topographical map;
(3) Street address of the project;
(4) Initial study with attachments;
(5) Completed NOP form from the CEQA Guidelines.
(e) Review period. Within 30 days after receiving the notice of preparation, each responsible and trustee agency and the Office of Planning and Research shall provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible or trustee agency’s area of statutory responsibility that must be included in the draft EIR. Agencies and interested parties shall have thirty (30) days to respond to the NOP.
10-3.6043 Notice of completion of a DEIR.
After a DEIR is complete, a notice of completion of a DEIR shall be filed in compliance with Section 15085 of the CEQA Guidelines. given as follows:
(a) Circulation to State Clearinghouse. A notice of completion, with requisite copies of the DEIR, shall be filed with the State Clearinghouse where a project is of statewide, regional, or areawide significance according to Section 15027 of the CEQA Guidelines. EIRs prepared for a General Plan, element, or amendment thereto, and EISs prepared pursuant to NEPA, shall be distributed to the State Clearinghouse.
(b) Circulation to list of agencies and interested parties. A notice of completion and DEIR shall be provided to each agency on the list of agencies described in Section 10-3.6032(b).
(c) Content of notice of completion. The notice of completion form from the CEQA Guidelines shall be used, and shall include all of the information as prescribed in Section 15085 of the CEQA Guidelines.
(d) Review period. The review period shall be forty-five (45) days unless a shorter period has been approved by the State Clearinghouse.
10-3.6054 Notice of availability of a DEIR.
After a DEIR is complete, a notice of availability of a DEIR shall be provided in compliance with Section 15087 of the CEQA Guidelines. given as follows:
(a) Notice to public shall also include at least one of the following.
(1) The publication of such notice at least once in a weekly newspaper of general circulation within the South Bay area of Los Angeles County;
(2) The posting of such notice in at least one prominent place on or about the project site. In the event the project abuts 200 or more lineal feet of street frontage, or is itself a street project, at least one such notice shall be posted on or about the street line at intervals of not more than 200 lineal feet starting at each end of the project;
(3) The mailing of such notice to persons owning property within a 300 foot radius of the project site; and
(4) Such notice can be combined with the hearing notice otherwise required for the project, if feasible, and further provided that in the case of amendments to the text provisions of Title 10, not dealing with any specific parcel of land, notification shall be by the method set out in subsection (a)(1) of this section only.
(b) Content of notice of availability. The notice of availability shall contain the information as prescribed in Section 15087 of the CEQA Guidelines. The notice of availability shall include at least the following:
(1) A concise description and location of the project;
(2) A statement indicating the start and end of the public review period;
(3) Address where copies of the DEIR are available, and where comments on the DEIR can be mailed or delivered.
(c) Circulation of DEIR to City staff, public information counters, and elected officials. Copies of the DEIR should shall be transmitted to members of the advisory and decision-making bodies, the City Manager, Directors of appropriate City Departments, City project staff, the applicant, should and shall be made available for review at public library branches within the City, and shall be available at the City Clerk’s office or another City office specified in the notice, and at the department where loan copies shall be available. Any person wishing a personal copy of the EIR shall be charged a fee not to exceed the actual cost of reproduction.
10-3.605 Procedures associated with certification of an FEIR
A final environmental impact report shall be certified in compliance with Section 15090 of the CEQA Guidelines, and to the extent applicable the City shall also comply with Section 15091 (Findings), 15093 (Statement of Overriding Considerations), and 15097 (Mitigation Monitoring or Reporting) of the CEQA Guidelines. After certifying an EIR the City shall file a Notice of Determination as provided by Section 15094 of the CEQA Guidelines.
SECTION 9. Section 10-3.703, of Title 10, Chapter 3, Article 7 is hereby deleted in its entirety. Sections 10-3.701 and 10-3.702 of Title 10 Chapter 3, Article 7 are hereby amended as provided below.
10-3.701 Contents of draft environmental impact report.
(a) A draft environmental impact report prepared for by the City shall contain the information in compliance with Article 9 of the CEQA Guidelines., in the form and length, specified by Sections 15122 through 15132 of the CEQA Guidelines and the provisions stipulated below:
(a) The Mitigation Monitoring Program as described in Article 8 of this chapter;
(b) An appendices which shall include a copy of the initial study; appropriate supporting technical studies and information; a list of persons consulted in the preparation of the DEIR; a list of persons who prepared the DEIR; responses to the notice of preparation, and other appropriate information and data;
(cb) Transportation Impact Analysis (TIA) Guidelines. The Draft Environmental Impact Report shall meet the requirements of the Land Use Analysis Program of the Los Angeles County Congestion Management Program (CMP) and shall incorporate a CMP Transportation Impact Analysis (TIA) in conformance with the Guidelines for CMP Transportation Impact Analysis (TIA) contained in Appendix D of the 1992 2010 Congestion Management Program for Los Angeles County or the currently adopted CMP, except for the following projects which shall be exempt from these requirements (as well as any additional exemptions in any subsequently adopted CMPs or provided by statute):
(1) Projects determined not to have a significant effect on the environment, or that receive a Negative Declaration, Mitigated Negative Declaration or Notice of Exemption;
(1)(2) Projects that entered into a development agreement (pursuant to Section 65864 of the California Government Code) with the City prior to July 10, 1989;
(2)(3) Traffic generated by low and very low income housing, as defined by the California Department of Housing and Community Development;
(3)(4) High density residential development located within one-quarter (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 City’s general plan and zoning ordinance;
(4)(5) Mixed use development (integrating commercial and residential uses) located within one-quarter (1/4) 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 City.
(6) Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of not less than 50% of its reasonable value, by fire, flood, earthquake or other similar calamity.
(7) Projects for which an NOP was prepared and distributed pursuant to CEQA prior to the local jurisdiction’s adoption of the Land Use Analysis Program.
(8) Phased development projects, or development projects requiring subsequent approvals, need not repeat this process 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.
10-3.702 Contents of the final draft EIR.
The final draft EIR shall comply with the requirements of Section 15132 of the CEQA Guidelines. consist of:
(a) The DEIR as described in Section 10-3.701;
(b) A section containing the comments received during the public review period as described in Section 10-3.604(d);
(c) The responses to the comments received during the public review period;
(d) A list of the persons, organizations, and public agencies that commented on the DEIR.
SECTION 10. Articles 8 and 9 of Title 10, Chapter 3, are hereby deleted in their entirety.
SECTION 11. Article 10 is hereby renumbered Article 8. Sections 10-3.1001, 10-3.1002, and 10-3.1003 are hereby renumbered respectively as 10-3.801, 10-3.802, and 10-3.803. Section 10.3-1004 is hereby renumbered 10-3.804 and amended as follows:
10-3.8041004 Administrative fee for EIR preparation.
At least Tten (10%) percent of the total cost for preparation of an environmental impact report shall be charged to the applicant by the City for administrative costs, unless otherwise specified by resolution or ordinance.
SECTION 12. Sections 10-3.1101, 10-3.1102, 10-3.1103, and 10-4.1104, of Title 10, Chapter 3, Article 11 of the Redondo Beach Municipal Code are hereby deleted in their entirety. Article 11 of Title 10, Chapter 3 is hereby retitled “CEQA Appeals” and renumbered Article 9, and Section 10-3.901 is hereby adopted as follows:
10-3.901 CEQA Appeal Requirements and Procedures
(a) “CEQA Appeal” shall mean an Appeal to the City Council from a non-elected decision-making body’s or a non-elected decision-maker’s decision approving, certifying, denying approval, or denying certification of an Environmental Impact Report (“EIR”), a Negative Declaration (“ND”) or Mitigated Negative Declaration (“MND”), a determination that a project is exempt from CEQA pursuant to a Statutory or Categorical Exemption, a subsequent or supplemental EIR, ND, or MND, Addenda to a previously prepared CEQA Document, Master EIRs, Focused EIRs, joint CEQA and NEPA documents, CEQA Findings, CEQA Statements of Overriding Considerations, or a CEQA Mitigation Monitoring and Reporting Programs (collectively referenced as “CEQA Documents” in this Section). Each and every party wishing to challenge the approval of a CEQA Document must file a separate CEQA Appeal in compliance with this Section. The Appellants identified in subsections (a)(1) through (a)(3) of this Section may file a CEQA Appeal:
(1) Any person may appeal to the City Council the decision of either a non-elected decision-making body or a non-elected decision-maker approving or certifying (“approving” or “approval”) a CEQA Document. Provided, however, that the person must have objected to the approval or certification of the project’s CEQA Document orally or in writing during either the public comment period provided with respect to the project pursuant to CEQA, or prior to the close of the final public hearing on which the CEQA Document was acted upon by the non-elected decision-making body or the non-elected decision-maker. If no public hearing or other opportunity was provided to members of the public to raise objections, either orally or in writing, prior to the approval of the CEQA Document, then the “objection” requirement of this subsection shall not apply. An appeal filed pursuant to this subsection shall not relieve any third party from filing their own CEQA Appeal.
(2) Any project applicant may appeal to the City Council the decision of a non-elected decision-making body or a non-elected decision-maker denying the approval or certification (“denying” or “denial”) of a CEQA Document for their Project. An appeal filed pursuant to this subsection shall not relieve any third party from filing their own CEQA Appeal.
(3) The Mayor or any member of the City Council may appeal on their own behalf any decision of a non-elected decision-making body or a non-elected decision maker approving or denying certification of a CEQA Document without fulfilling the requirements of subsections (a)(1), (a)(2), or (c) of this Section. Provided, however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that he or she has no predisposition against or in favor of the Project. An appeal filed pursuant to this subsection shall not relieve any third party from filing their own CEQA Appeal.
(b) Time to File an Appeal. Unless otherwise mandated by State law, an appeal of the approval or denial of a CEQA Document by a non-elected decision-making body or a non-elected decision-maker shall be filed by the Appellant and received by the City by 5:00 p.m. of the tenth (10th) calendar day following the decision on the CEQA Document (or the next working day if the tenth (10th) calendar day falls on a weekend, holiday, or a day the City’s offices are closed). In computing 10 calendar days, the day the non-elected City Body acts on the CEQA Document shall be excluded.
or purposes of determining whether a CEQA Appeal has been timely filed, the appeal will be deemed filed on the date upon which the CEQA Appeal has been filed and received by the City Clerk, provided that the CEQA Appeal complies with all the requirements set forth in Section 10-3.901, including but not limited to payment of the filing fee if any and fulfilling all the content requirements for a CEQA Appeal. An appeal that is not timely or where the Appellant fails to comply with all their requirements contained in Section 10-3.901, shall not be heard by City Council.
(c) Filing Fee. The Appellant shall pay a filing fee as set by resolution or ordinance, if any, to the Office of the City Clerk, which shall also be submitted concurrently with the CEQA Appeal.
(d) Place to File. The CEQA Appeal and supporting documents must be filed in the Office of the City Clerk. The Appellant shall also notify the Project Applicant identified in the CEQA Document of the CEQA Appeal by mailing the Applicant a copy of the materials identified in subsection (e) by certified mail. Notification for the applicant must have been mailed by the tenth (10th) calendar day following the decision on the CEQA Document. The Appellant shall provide the City with a copy of the certified mail receipt at least seven (7) calendar days before the hearing on the CEQA Appeal. Failure to timely mail the notification to the Applicant shall be grounds for dismissal of the Appeal.
(e) Content Requirements for a CEQA Appeal. All CEQA Appeals shall be in writing and shall contain the following information:
(1) A cover sheet that:
- Identifies the filing as a CEQA Appeal pursuant to Redondo Beach Municipal Code Section 10-3.901.
- Identifies the non-elected decision-making body or non-elected decision-maker that made the decision on the CEQA Document.
- Identifies the CEQA Document which is the subject of Appellant’s CEQA Appeal and the date on which the non-elected decision-making body or non-elected decision-maker made the decision on the CEQA Document.
- If Appellant has filed a Concurrent Appeal, then the cover sheet shall also include the information described in subsection (k).
(2) The name, mailing address, email address, and telephone number of the person filing the CEQA Appeal.
(3) All grounds and issues for the CEQA Appeal, specifying in detail why the Appellant contends that the decision on the CEQA Document does not comply with CEQA, and the supporting documentation. General environmental concerns without reference to the CEQA Document or the non-elected decision-making body’s actions shall not fulfill the requirements of this subsection. Where the Appellant has submitted comments and the City has prepared responses, the Appellant may not attach or incorporate by reference their past comments to fulfill the requirements of this subsection, and must identify their specific outstanding allegations related to the CEQA Document.
(f) Hearing. Before the City Council acts on the CEQA Appeal, a hearing on the matter shall be held in a timely fashion. However, such a hearing may be continued from time to time upon consent of the project applicant whose project is subject to the CEQA Appeal. City Council shall conduct a de novo review of the decision on the CEQA Document.
(g) Notice of Hearing on a CEQA Appeal.
(1) The City Clerk shall provide notice of the hearing to the Appellant and the project applicant at least 14 calendar days before the hearing. Notice may be provided using any method reasonably calculated to provide notice to the Appellant and the project applicant, including but not limited to mailing (posted marked at least 14 calendar days before the hearing), email, or telephone. Notice may be combined with other notices related to the same project. In the event of a continuance or adjournment, no additional noticing is required pursuant to this subsection. Failure of the City to comply with subsections (g)(1) or (g)(2) shall not constitute grounds for invalidating any action on a CEQA Appeal unless the error was prejudicial and the party complaining suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. The City shall also provide notice by any one of the following methods:
(A) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the hearing;
(B) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available;
(C) By posting such notice not less than ten (10) days prior to the date of such hearing to the applicant in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line; or
(D) in the case of amendments to the text provisions of Title 10, and/or projects not dealing with any specific parcel of land, notification shall be by the method set out in subsection (g)(1)(A) of this section only.
(h) Exhaustion Requirement. All of the Appellant’s grounds or issues for the CEQA Appeal must have been: (1) listed in the Contents of the CEQA Appeal described in subsection (e), and (2) presented to the non-elected decision-making body or the non-elected decision-maker orally or in writing by the Appellant or another person during the public comment period provided by CEQA, or prior to the close of the public hearing on the Project Approval by the non-elected decision-making body or the non-elected decision-maker (“Exhaustion Requirement”). The failure to comply with this Exhaustion Requirement shall be grounds for denial of those portions of the CEQA Appeal which were not exhausted. The Exhaustion Requirement contained in subsection (2) of this paragraph shall not apply where there was no public hearing or other opportunity for the Appellant to raise objections to the Project’s CEQA Document. The limits contained in this subsection shall not apply to documents prepared by the City. Where a City Councilmember or the Mayor has filed a CEQA Appeal pursuant to subsection (a)(3), the limitations of subsections (h)(1) and (h)(2) shall apply to them individually as Appellant, but not to the City as a whole.
(i) Appellant’s Time to File Additional Documentation. Any additional documents submitted by the Appellant, such as presentations, must be filed with the City Clerk no later than seven (7) calendar days prior to the date set for the hearing by the City Council. Any additional documentation submitted under this subsection must also fulfill the Exhaustion Requirements contained in subsection (h). The Appellant shall also notify the Project Applicant identified in the CEQA Document of any additional documentation by mailing the Applicant a copy of the additional documentation by certified mail no later than seven (7) calendar days prior to the date set for the hearing by the City Council. Appellant shall provide the City a copy of the certified mail receipt at the hearing on the CEQA Appeal. Any additional documentation which fails to comply with this subsection shall not be considered by the City Council. The Appellants may not rely upon additional documentation submitted by a third party unless if fulfills all the requirements of subsections (h) and (i).
The limits contained in this subsection shall not apply to documents prepared by the City, except where a councilmember or the Mayor has filed an appeal pursuant to subsection (a)(3), in which case the limitations of this subsection shall apply to them individually as the Appellants, but not the City as a whole.
(j) Preemption of Other Appeal Procedures. The appeal procedures of Section 10-3.901 preempt all other appeal procedures in the City’s Municipal Code for the purposes of a CEQA Appeal. This includes, but is not limited to, the appeal procedures contained Title 1, Chapter 4, and Section 2-9.712 of Title 2, Chapter 9, Article 7.
(k) Concurrent Appeals. “Concurrent Appeal” is defined as an Appeal not based upon compliance with CEQA, but related to the same project. Such appeals may include, but are not limited to the appeal of a Conditional Use Permit, the appeal of Planning Commission Design Review, or the appeal of other land use entitlements. Where the Appellant has filed a Concurrent Appeal, the City Council shall consider the appeals concurrently at the same public hearing. An Appeal pursuant to Section 10-3.901, challenging a decision approving or denying a CEQA Document, shall not constitute an appeal for any other actions taken by the non-elected decision-making body or the non-elected decision-maker unless:
(1) the “Contents of the CEQA Appeal” (described in subsection (e) of 10-3.901) specifies (A) the other Section of the Municipal Code or State law authorizing a Concurrent Appeal and (B) the other action taken by the non-elected decision-making body or non-elected decision-maker which is contested by the Appellant; and
(2) the Appellant fulfills all other non-CEQA Appeal requirements of the Municipal Code or State law, including but not limited to payment of appeal fees for the Concurrent Appeal, in addition to the requirements contained in 10-3.901.
(l) Effect of a CEQA Appeal. The filing of a CEQA Appeal will stay the effect of all of the following until the City Council renders a decision on the CEQA Appeal: (1) the CEQA Document, (2) any project approval made pursuant to the CEQA Document, (3) any Notice of Determination, and (4) section 10-3.104 of Title 10, Chapter 3, Article 1. This subsection is only applicable to the party that was specifically named as the Appellant in the cover sheet specified in subsection (e)(2) of this Section. This subsection shall not apply to any third party who has not filed their own CEQA Appeal.
SECTION 13. ORDINANCE IS EXEMPT FROM CEQA. The City hereby finds that the adoption of this ordinance is exempt from CEQA, under CEQA Guidelines Sections 15060(c)(2) and (3), 15061(b)(3), 15307, and 15308. Moreover, the ordinance merely establishes procedures for implementation of CEQA, and is therefore not a project as defined in CEQA Guidelines Section 15378 or Public Resources Code Section 21065.
SECTION 14. INCONSISTENT PROVISIONS. Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION 15. SEVERANCE. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 16. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published by one insertion in the Easy Reader, the official newspaper of said City, and same shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED, AND ADOPTED this 16th ___ day of December, 2014.
Steve Aspel, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that the foregoing Ordinance No. 3125-14 was duly introduced at a regular meeting of the City Council held on the 2nd day of December, 2014, and was duly approved and adopted by the City Council at a regular meeting of said City Council held on the 16th day of December, 2014, by the following vote:
AYES: GINSBURG, AUST, KILROY
NOES: BRAND, SAMMARCO
ABSENT: NONE
ABSTAIN: NONE
_________________________
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
_________________________
Michael W. Webb, City Attorney
Easy Reader Inc/Redondo Beach News/January 29, 2015/RD15-005