CC RES 2002-081 RESOLUTION NO. 2002-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES REPEALING
RESOLUTION NO. 93-56 AND ADOPTING PROCEDURES
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), AND THE GUIDELINES OF THE
SECRETARY OF THE RESOURCES AGENCY, AS
AMENDED TO DATE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
Section 1: Resolution No. 93-56, and any other resolution or action of the City
of Rancho Palos Verdes which adopts Local CEQA Guidelines for the City, are hereby
repealed.
Section 2: In accordance with Public Resources Code Section 21082, the City
Council hereby adopts the procedures attached to this Resolution as Exhibit "A" and
labeled "Local CEQA Guidelines (Revised September 2002)" and incorporated herein
by this reference as its Guidelines for the consideration and evaluation of projects and
the preparation of Environmental Impact Reports and Negative Declarations in
compliance with the California Environmental Quality Act, as amended to date, and the
Guidelines of the Secretary of the Resources Agency, as amended to date.
PASSED, APPROVED, AND ADOPTED this 17th day of September 2002.
r
aor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2002-81 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on September 17, 2002.
City Clerk
City of Rancho Palos Verdes
LOCAL CEQA GUIDELINES
(Revised SEPTEMBER 2002)
Resolution No.2002-81, Exhibit A
LOCAL CEQA GUIDELINES
(Revised 2002)
TABLE OF CONTENTS
I. GENERAL............................................................................................................. 1
A. Use............................................................................................................. 1
B. Definitions.................................................................................................. 1
C. Application Of CEQA To Discretionary Projects...................................... 6
D. Submission Of Data By Applicant............................................................. 6
E. Fees............................................................................................................ 7
II. THE PRELIMINARY REVIEW PROCESS..............................................0.......... 8
A. Preapplication Consultation....................................................................... 8
B. Receipt of Application............................................................................... 9
C. Preliminary Review......................................................................................9
D. Determination of Exemption........................................................................9
E. Initial Study............................................................................................... 10
III. THE (MITIGATED)NEGATIVE DECLARATION PROCES S 0.0........................... 14
A. Decision To Prepare a Negative Declaration Or Mitigated Negative
Declaration.................................................................................................14
B. Contents.................................................................................................... 14
C. Public Notice............................................................................................. 15
D. Public Review........................................................................................... 16
E. Review By Other Public Agencies............................................................ 16
F. State Clearinghouse Review Of Projects.................................................. 17
G. Contents Of Notice Of Intent.................................................................... 17
H. Final Approval/Finding............................................................................. 18
I. Appeal Of Final Approval......................................................................... 20
J. Notice Of Determination........................................................................... 20
K. Time Limit................................................................................................ 21
L. Mitigation Monitoring .............................................................................. 21
M. Addenda Or Subsequent Documents........................................................ 21
Resolution No. 2002-81, Exhibit A
Table of Contents
Page i
IV. THE EIR PROCESS............................................................................................. 21
A. Decision To Prepare an EIR...................................................................... 21
B. Preparation of the Draft EIR..................................................................... 22
C. Public Review Of Draft EIR..................................................................... 36
D. Evaluation Of Comments By the Lead Agency........................................ 40
E. The Final EIR............................................................................................ 41
F. Decision Whether To Approve Or Carry Out the Project......................... 42
G. Findings..................................................................................................... 42
H. Statement Of Overriding Considerations.................................................. 43
I. Appeal Of Final Approval.............................................................0....0...... 43
J. Notice Of Determination.............................................0............................. 43
K. Mitigation Monitoring .........................0.0.......0 0...0........0............0.......0 0...... 44
V. TIERING................................................................................................................45
A. Decision to use tiering. ..............................................................................45
B. Preparation of Environmental Documents for Later Project......................45
C. Types of EIR's which may be used in tiering situation.............................46
VI. SUBSEQUENT ENVIRONMENTAL DOCUMENTS REQUIRED AFTER
CERTIFICATION OR APPROVAL OF ORIGINAL DOCUMENTS..........0....0 46
A. Subsequent EIR's and (Mitigated)Negative Declarations ...0.........0.0.0..... 46
B. Addendum To an EIR Or(Mitigated)Negative Declaration....0.0 0 0 0.......... 48
C. Supplement To an EIR............................oo..o..o.o..o...o.o........o.....o..o...oo.o...... 48
D. Use Of Master EIR's For Review Of Subsequent Projects....................... 49
VII. MITIGATION MONITORING\G.......................0 0 0..0.0 0 0..........................0.....0 0.0.0..... 49
A. Program To Ensure Compliance..............................................0.0.............. 49
B. Delegation....................................................0..00.0...............................0.......49
C. Coordination..............................................................................................50
D. Measures Requested By State and Federal Agencies............0................... 50
E. Projects Of Statewide, Regional Or Areawide Concern..............0...0........ 50
F. Fees.............................................•....0.........................0...0.0 0 0..000................. 50
APPENDICES:
A. CEQA Process Flow Chart
B. Time Limits for Private Development Projects
C. Examples of Tiering EIR's
D. Projects of Statewide, Regional or Areawide Significance
E. List of Categorical Exemptions
F. List of Statutory Exemptions
G. Applicant's Environmental Information and Checklist Form
H. Status of Application Form
I. Initial Study Questionnaire
J. Mitigation Monitoring Program and Compliance Record
K. Notice of Exemption
L. (Mitigated)Negative Declaration
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Table of Contents
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M. Notice of Intent to Adopt Negative Declaration
N. Notice of Preparation
O. Notice of Completion
P. Notice of Availability Environmental Impact Report
Q. Notice of Determination
R. Historical and Archaeological Resources
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Table of Contents
Page iii
LOCAL CEQA GUIDELINES
I. GENERAL.
A. Use.
These Guidelines set forth the procedures which shall be used by the City of Rancho
Palos Verdes in the implementation of the California Environmental Quality Act of
1970(CEQA),as amended. They are based on the California Environmental Quality
Act, Public Resources Code Section 21000 et sed. ("CEQA"), and the State CEQA
Guidelines promulgated by the Resources Agency, as amended, which are
incorporated herein by reference, and which should be referred to whenever
additional detail or clarification is necessary. Appendices A and B to these
Guidelines contain flowcharts which illustrate the procedures set forth in the State
CEQA Guidelines. If there is any conflict between those Appendices and the text of
these Guidelines or the State Guidelines, the text controls.
B. Definitions.
(1) Cumulative impacts. "Cumulative impacts"refer to two or more individual
effects which, when considered together, are considerable or which compound or
increase other environmental impacts.
(a) The individual effects maybe changes resulting from a single project
or a number of separate projects.
(b) The cumulative impact from several projects is the change in the
environment which results from the incremental impact of the project when
added to other closely related past, present, and reasonably foreseeable
probable future projects. Cumulative impacts can result from individually
minor but collectively significant projects taking place over a period of time.
(2) Cumulatively Considerable. "Cumulatively considerable" means that the
incremental effects of an individual project are considerable when viewed in
connection with the effects of past projects,the effects of other current projects,and
the effects of probable future projects. The mere existence of significant cumulative
impacts caused by other projects alone shall not constitute substantial evidence that
the proposed project's incremental effects are cumulatively considerable. The Lead
Agency may:
(a) Determine that a project's incremental contribution to a cumulative
effect is not cumulatively considerable if the project will comply with the
requirements in a previously approved plan or mitigation program which
provides specific requirements that will avoid or substantially lessen the
cumulative problem (e.g. -water quality control plan, air quality plan,
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integrated waste management plan)within the geographic area in which the
project is located. Such plans or programs must be specified in law or
adopted by the public agency with jurisdiction over the affected resources
through a public review process to implement,interpret,or make specific the
law enforced or administered by the public agency; or
(b) Determine that the incremental impacts of a project are not
cumulatively considerable when they are so small that they make only a de
minimis contribution to a significant cumulative impact caused by other
projects that would exist in the absence of the proposed project. Such de
minimis incremental impacts,by themselves,do not trigger the obligation to
prepare an EIR. A"de minimis contribution"means that the environmental
conditions would essentially be the same whether or not the proposed project
is implemented.
(3) Discretionary Proj ect. "Discretionary Project"means a project which requires
the exercise of judgement,deliberation, or decision on the part of a public agency or
body in the process of approving or disapproving a particular activity, as
distinguished from"ministerial"decisions which require the public agency or body
merely to ascertain compliance with applicable statutes, ordinances, or regulations.
A project having both ministerial and discretionary elements is deemed discretionary.
(4) Environmental Impact Report. "Environmental Impact Report"(EIR)means
a detailed statement setting forth the environmental effects and considerations
pertaining to a project as specified in Section 21100 of CEQA, and may refer to
either a draft or a final EIR, prepared pursuant to Sections IV.B and IV.E of these
Guidelines.
(5) Initial Study. "Initial Study" means a preliminary analysis prepared by the
Lead Agency pursuant to Section II.E of these Guidelines to determine whether an
EIR or a Negative Declaration shall be prepared.
(6) Jurisdiction By Law. "Jurisdiction by Law"means lawful authority exercised
by any public agency over the resources which may be affected by a project, and
includes a city, county or other jurisdiction which is the site of the project.
(7) Lead Agency. "Lead Agency"means the City of Rancho Palos Verdes. The
Lead Agency has the principal responsibility for carrying out or approving a project,
and which shall prepare the environmental documents for a project.
(8) Master EIR. A "Master EIR" is an alternative to preparing a project EIR,
staged EIR, or program EIR for certain projects which will form the basis for later
decision making. It is intended to streamline the later environmental review of
projects included within the project, plan, or program analyzed in the Master EIR.
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(9) Mitigation. "Mitigation" of environmental effects may include avoiding an
effect by not taking a certain action, limiting an effect, repairing or restoring the
affected environment,reducing effects by preservation and maintenance operations
during the life of the project, and compensating for an impact by replacing or
providing substitute resources or environments.
(10) Mitigated Negative Declaration. "Mitigated Negative Declaration"means a
negative declaration prepared for a project pursuant to Section III of these Guidelines
when the initial study has identified potentially significant effects on the
environment,but(1)revisions in the project plans or proposals made by,or agreed to
by, the applicant before the proposed negative declaration and initial study are
released for public review would avoid the effects or mitigate the effects to a point
where clearly no significant effect on the environment would occur, and(2)there is
no substantial evidence in light of the whole record before the public agency that the
project as revised, may have a significant effect on the environment.
(11) Negative Declaration. "Negative Declaration"means a written statement by
the Lead Agency pursuant to Section III of these Guidelines which briefly presents
reasons why a proposed project will not have a significant effect on the environment
and therefore does not require the preparation of an EIR.
(12) Planning_Director. "Planning Director"means the Director of Planning or his
or her designee.
(13) Probable future projects. "Probable future projects"may be limited to those
projects requiring an agency approval for an application which has been received at
the time the notice of preparation is released, unless abandoned by the applicant;
projects included in an adopted capital improvements program,general plan,regional
transportation plan, or other similar plan; projects included in a summary of
projections of projects (or development areas designated) in a general plan or a
similar plan;projects anticipated as later phase of a previously approved project(e.g.
a subdivision); or those public agency projects for which money has been budgeted.
(14) Program EIR. A"Program EIR"is an EIR which maybe prepared on a series
of actions that can be characterized as one large project and are related either:
(a) Geographically;
(b) As logical parts in the chain of contemplated actions;
(c) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program; or
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(d) As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar environmental
effects which can be mitigated in similar ways.
Subsequent activities in the program must be examined in the light of the Program
EIR to determine whether an additional environmental document must be prepared.
(15) Project. "Project" means the whole of an action which has a potential for
resulting in a direct physical change or a reasonably foreseeable indirect physical
change in the environment, that is any of the following:
(a) An activity directly undertaken by a public agency including but not
limited to public works construction and related activities,clearing or grading
of land, improvements to existing public structures, enactment and
amendment of zoning ordinances, and the adoption and amendment of local
general plans or elements thereof pursuant to Government Code Sections
65100 through 65700;
(b) An activity undertaken by a person or entity which is supported in
whole or in part through public agency contracts, grants, subsidies,loans,or
other forms of assistance from one or more public agencies;
(c) An activity involving the issuance to a person or entity of a lease,
permit,license,certificate,or other entitlement for use by one or more public
agencies. An activity can include,but not be limited to,a project undertaken
by a private individual or entity for any of the following purposes: the
placement or erection of any solid material or structure;discharge or disposal
of any dredged material or of any gaseous, liquid, solid or thermal waste;
grading,removing,dredging,mining,or extraction of any materials; change
in the density or intensity of use of land, including but not limited to,
subdivision pursuant to the Subdivision Map Act, and any other division of
land except where the land division is brought about in connection with the
purchase of such land by a public agency for public recreation use;change in
the intensity of use of water, or of access thereto; construction,
reconstruction,demolition,or alteration of the size of any structure,including
any facility of any private, public, or municipal utility; and the removal or
harvesting of major vegetation other than for agricultural purposes.
"Project" does not include: continuing administration or maintenance activities;
government funding mechanisms or other government fiscal activities not involving a
specific project; general policy- and procedure-making; feasibility or planning
studies; and, organization or administrative activities of governments which are
political or which are not physical changes.
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(16) Responsible Agency. "Responsible Agency" means a public agency, other
than the Lead Agency, which has responsibility to carry out or approve all or a
portion of a project.
(17) Significant Environmental Effect. "Significant environmental effect"means a
substantial, or potentially substantial, adverse change in any of the physical
conditions within the area affected by the project,including land,air,water,minerals,
flora,fauna,ambient noise,and objects of historic or aesthetic significance,and may
result from direct or indirect consequences of the project.
A project shall be found to have a significant effect on the environment where any of
the following conditions occur:
(a) The project has the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal, or eliminate
important examples of the major periods of California history or prehistory;
(b) The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals;
(c) The project has possible environmental effects which are individually
limited but cumulatively considerable;
(d) The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
(18) State Clearinghouse. The "State Clearinghouse" is a division of the
Governor's Office of Planning and Research. The State Clearinghouse receives
notices and other CEQA related documents and distributes these documents to the
appropriate State agencies.
(19) Tiering. "Tiering" means the coverage of general matters in broader EIRs
(such as on general plans or policy statements) with subsequent narrower EIRs or
ultimately site-specific EIRs incorporating by reference the general discussions and
concentrating solely on the issues specific to the EIR subsequently prepared. Tiering
is appropriate when the sequence of EIRs is:
(a) From a general plan, policy, or program EIR to a program, plan, or
policy EIR of lesser scope or to a site-specific EIR.
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(b) From an EIR on a specific action at an early stage to a subsequent EIR
or a supplement to an EIR at a later stage. Tiering in such cases is
appropriate when it helps the Lead Agency to focus on the issues which are
ripe for decision and exclude from consideration issues already decided or not
yet ripe.
(20) Transportation Agency. "Transportation Agency" means a public agency
which has jurisdiction over major arterials and public transit facilities within five(5)
miles of a project site that might be affected by the project or a public agency which
has jurisdiction over freeways,highways,and rail transit service facilities within ten
(10) miles of a project site that might be affected by the project.
(21) Trustee Agency. "Trustee Agency"means a state agency having jurisdiction
by law over natural resources affected by a project which are held in trust for the
people of the State of California.
C. Application Of CEQA To Discretionary Proms
Except as provided in Sections 113,II.C,II.D,and III.A of these Guidelines,the Lead
Agency shall prepare directly or by contract an Environmental Impact Report for all
public and private projects which involve discretionary governmental action, and
which may have a significant effect on the environment. See Section IV below.
D. Submission Of Data By Applicant
The Lead Agency may require the applicant to submit any data or information which
may be necessary for the Lead Agency to determine whether the project may have a
significant effect on the environment,whether the project site and any alternatives are
on any list of hazardous waste sites and facilities compiled pursuant to Section
65962.5 of the Government Code, and to assist in the preparation of an Initial Study,
(Mitigated) Negative Declaration, or EIR by the Lead Agency. The form entitled
Environmental Information and Checklist Form, as shown in Appendix G of these
Guidelines,may be used for this purpose.
Accepting an application as complete does not limit the authority of the Lead Agency
to require the applicant to submit additional information needed for environmental
evaluation of the project. However,requiring such additional information after the
application is complete does not change the status of the application or lengthen the
time periods for review of the application.
E. Fees
(1) A fee covering all costs and expenses, including any consultants' fees,
incurred by the City in preparing and processing an Initial Study, (Mitigated)
Negative Declaration, or EIR, shall be charged to the applicant.
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(2) No fee shall be collected pursuant to these Guidelines when it is determined
at the initial examination that the proposed project does not require review pursuant
to CEQA, because the project is exempt from the requirements of CEQA under
Sections II.0 and II.D of these Guidelines.
(3) The City shall charge a fee not exceeding the actual cost of reproduction to
members of the public who request copies of an Initial Study, (Mitigated)Negative
Declaration, or EIR.
(4) A non-refundable fee,the amount of which shall be determined from time to
time by Resolution of the City Council, will be required to initiate an appeal of the
Lead Agency's determination to prepare an EIR under Section II of these Guidelines,
final adoption of the (Mitigated) Negative Declaration under Section III of these
Guidelines or certification of an EIR under Section IV of these Guidelines.
(5) Fees incurred under Section 753.5, Title 14 of the California Code of
Regulations, shall be collected as follows:
(a) Projects which are statutorily or categorically exempt from the
requirements of CEQA shall incur no fee.
(b) If the Lead Agency determines that a project subject to CEQA would
have a de minimis effect on fish and wildlife pursuant to Section 111.1)of these
Guidelines,it shall complete a Certificate of Fee Exemption containing the de
minimis finding. The original Certificate of Fee Exemption shall be retained
as part of the environmental record,and two copies of the Certificate shall be
filed with the county clerk,along with the document handling fee required by
Section 711.4(e) of the Fish and Game Code, at the same time the Notice of
Determination is filed.
(c) Projects which are not governed by subsections (a) and(b) shall incur a
fee in the amount established by Section 753.5(a)of Title 14 ofthe California
Code of Regulations. All projects for which a Negative Declaration has been
prepared pursuant to Section 21O8O(c) of the Public Resources Code and
these Guidelines shall incur a fee in the amount of$1,250.00. All prof ects for
which an Environmental Impact Report has been prepared pursuant to
Section 21151 of the Public Resources Code and these Guidelines shall incur
a fee in the amount of$850.00.
1. When the Lead Agency directly undertakes a project, the Lead
Agency shall be considered the applicant and shall be responsible for
payment of the fee incurred hereunder.
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2. When the Lead Agency is supporting,in whole or part,an activity
undertaken by a private person or is granting a license, permit or
entitlement to an applicant,the project applicant shall be responsible
for payment of the fee incurred hereunder.
3. Fees incurred hereunder shall be paid by the party responsible for
such payment to the county clerk. The fee shall be paid at or before
the time of filing the Notice of Determination with the county clerk.
All checks for payment of the fees shall be payable to the County.
4. Only one fee shall be paid per project. In the event a project
requires multiple Notices of Determination by Lead and/or
Responsible Agencies, the fee shall be paid at or before the time the
Lead Agency files the first Notice of Determination. Upon payment,
the County Clerk will issue an Environmental Filing Fee Cash
Receipt. The applicant shall retain the receipt for presentation to any
additional agencies whose approval may be required. A copy of the
receipt shall be attached to any additional Notices of Determination
that maybe required for the same project. This copy shall suffice as
documentation that the fee has been paid.
II. THE PRELIMINARY REVIEW PROCESS
A. Preapplication Consultation.
Upon request by a potential applicant for a project involving the issuance of a lease,
permit,license,certificate,or other entitlement for use,the Lead Agency shall consult
with the potential applicant to consider the range of actions, potential alternatives,
mitigation measures, and any potential significant effects on the environment of the
potential project.
B. Receipt of Application.
(1) Where the following occurs,the Lead Agency may deem an application for a
project not received for filing until such time as the required environmental
documentation is sufficiently complete to enable the Lead Agency to complete
environmental review under CEQA within the time limits set by another statutory
scheme:
(a). The enabling legislation for a program, other than the Permit
Streamlining Act,Government Code Section 65920 et sed.,requires the Lead
Agency to take action on an application within a specified period of six
months or less; and
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(b) The enabling legislation provides that the project will be approved by
operation of law if the Lead Agency fails to take any action within such
specified time period; and
(c) The project involves the issuance of a lease, permit, license,
certificate, or other entitlement for use.
Appendix B illustrates the time limits discussed in these Guidelines. Appendix H is
a form to use in reporting to the applicant the status of the application.
C. Preliminary Review.
When an application is deemed complete, Staff shall first determine whether the
application involves a "project," as that term is defined in Section I.B(15) of these
Guidelines. If so, Staff shall then determine if the project is exempt from the
requirements of CEQA.
D. Determination Of Exemption.
(1) Exemptions from CEQA. Once Staff determines that an activity is a project
subject to CEQA, Staff shall then determine whether the project is exempt from the
requirements of CEQA. A project is exempt from CEQA if:
(a) The project is exempt by statute(see list of statutorily exempt projects
in Appendix F of these Guidelines);
(b) The project is exempt pursuant to a categorical exemption and the
application of that categorical exemption is not barred by one of the
exceptions (see list of categorically exempt projects in Appendix E of these
Guidelines);
(c) The activity is covered 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.
(2) Notice of Exemption. If Staff determines a project is exempt from the
requirements of CEQA, a Notice of Exemption may be filed with the county clerk.
The County Clerk shall post the Notice for 30 days and return the Notice to the Lead
Agency. The Lead Agency shall retain the Notice for not less than nine(9)months.
A copy of the Notice of Exemption form is provided as Appendix K to these
Guidelines.
E. Initial Study.
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(1) General. If the project is subject to the requirements of CEQA, Staff shall
conduct an Initial Study to determine if the project may have a significant effect on
the environment. However,if Staff can determine that the project will clearly have a
significant effect then the Lead Agency may prepare an EIR without first preparing
an initial study. Still, even when it is clear from the outset that a project may have a
significant effect, Staff may decide to prepare an Initial Study to enable the applicant
to modify a project to mitigate adverse impacts or to assist in the preparation of an
EIR.
(2) Purposes. The purposes of an Initial Study are to:
(a) Provide the Lead Agency with information to use as the basis for
deciding whether to prepare an EIR, a Mitigated Negative Declaration or
Negative Declaration.
(b) Enable an applicant or the Lead Agency to modify a project,
mitigating adverse impacts before an EIR,a Mitigated Negative Declaration
or Negative Declaration is prepared.
(c) Assist the preparation of an EIR, if one is required,by:
1. Focusing the EIR on the effects determined to be significant;
2. Identifying the effects determined not to be significant;
3. Explaining the reasons for determining that potentially
significant effects would not be significant; and
4. Identifying whether a program EIR, tiering, or another
appropriate process can be used for analysis of the project's
environmental effects.
(d) Facilitate environmental assessment early in the design of a project.
(e) Provide documentation of the factual basis for the finding in a
(Mitigated) Negative Declaration that a project will not have a significant
effect on the environment.
(f) Eliminate unnecessary EIR's.
(3) Early Consultation With Other Agencies and the Applicant.
(a) As soon as it is determined that an initial study is to be prepared,the
Lead Agency shall consult with all responsible agencies,trustee agencies,and
agencies having jurisdiction by law over natural resources that may be
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affected by the project to obtain recommendations as to whether an EIR or a
(Mitigated)Negative Declaration should be prepared.
(b) The Lead Agency may also consult with the applicant during or
immediately after preparation of the Initial Study to determine if the applicant
is willing to modify the project to reduce or avoid any significant effects
identified in the study.
(c) If a project is of statewide, regional, or areawide significance under
the criteria of Appendix D to these Guidelines, the Lead Agency shall also
consult with transportation agencies as defined in Section I.B(20) of these
Guidelines. Any agency consulted under this subsection(c)which provides
information to the Lead Agency shall be notified of, and provided copies of,
environmental documents pertaining to the project.
(d) A project may be revised in response to an Initial Study so that
potential adverse effects are eliminated or reduced to a point.where no
significant environmental effects would occur. In that case, a Mitigated
Negative Declaration shall be prepared instead of an EIR. The mitigation
should be in the form of changes in the project's plans or a firm commitment
in writing from the applicant to implement the mitigation measures. If,
however, the project would still result in one or more significant effects on
the environment after mitigation measures are added to the project, an EIR
shall be prepared.
(4) Contents. The Initial Study shall contain the following information in brief
form:
(a) A description of the project including its location;
(b) An identification of the environmental setting;
(c) An identification of the environmental effects by use of a checklist,
provided entries are briefly explained to indicate that there is some evidence
to support the entries. The brief explanation may be either through a
narrative or a reference to another information source such as an attached
map,photographs, or an earlier EIR or negative declaration. A reference to
another document should include,where appropriate,a citation to the page or
pages where the information is found;
(d) A discussion of ways to mitigate the significant effects identified, if
any;
(e) An examination of whether the project is compatible with existing
zoning and plans; and
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(f) The name of the person or persons who prepared or participated in the
Initial Study.
The Environmental Information and Checklist Form to be submitted by the applicant
and the Initial Study Questionnaire Form appear in Appendices G and I to these
Guidelines.
(5) Cumulative impacts. If a project might contribute to a significant cumulative
impact, but the contribution will be rendered less than cumulatively considerable
through mitigation measures set forth in a mitigated negative declaration,the initial
study shall also briefly indicate and explain how the contribution has been rendered
less than cumulatively considerable.
(6) Historical and archaeological resources. Archaeological and historical
resources should be considered as set forth in Appendix R to these Guidelines.
(a) If a project might impact an archaeological resource which is neither a
unique archaeological nor an historical resource,the effects of the project on
those resources shall not be considered a significant effect on the
environment. However, the effect on these resources shall be noted in the
Initial Study or EIR,if one is prepared to address impacts on other resources.
(7) Results.
(a) If the Lead Agency determines that there is substantial evidence that
any aspect of the project may cause a significant adverse effect on the
environment,regardless of whether the overall effect of the project is adverse
or beneficial, the Lead Agency shall do one of the following:
1. Prepare an EIR, or
2. Use a previously prepared EIR which the Lead Agency
determines would adequately analyze the project at hand, or
3. Determine, pursuant to a program EIR, tiering, or another
appropriate process, which of a project's effects were adequately
examined by an earlier EIR or (Mitigated) Negative Declaration,
including a master EIR or a master environmental assessment. The
Lead Agency shall then ascertain which effects, if any, should be
analyzed in a later EIR or(Mitigated)Negative Declaration.
4. The Lead Agency shall prepare a Mitigated Negative
Declaration if the Lead Agency determines that there is substantial
evidence that the project or any of its aspects may cause a significant
effect on the environment but revisions in the project plans or
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proposals made by the applicant would avoid the effects to a point
where clearly no significant effect on the environment would occur
and there is no substantial evidence that the project, as revised,may
have a significant effect on the environment.
5. The Lead Agency shall prepare a Negative Declaration if the
Lead Agency determines that there is no substantial evidence that the
project or any of its aspects may cause a significant effect on the
environment.
(b) A determination of the required environmental document to be
prepared shall be made within thirty(30)days after an application is accepted
as complete. This period maybe extended up to 15 days upon consent of the
applicant. If a draft environmental impact report is required, the Lead
Agency shall notify the applicant, in writing, of this requirement. If a draft
environmental document is prepared under a contract to a public agency,the
contract shall be executed within 45 days from the date on which an
application requesting approval of the project is received and accepted as
complete by the local agency, unless the local agency finds that a longer
period of time is required due to compelling circumstances and the project
applicant consents thereto. Appendix B illustrates the time limits discussed
in these Guidelines.
(8) Appeal of decision to prepare EIR. If the Lead Agency determines that an
EIR must be prepared after completing the initial study as required in Section I.E(7),
the applicant may appeal this decision by filing an appeal with the City Clerk, in
writing,within ten(10) days after receiving notice of the determination that an EIR
must be prepared. The appeal of this determination will be considered by the
decision making body that considers the decision on the project for which the EIR
must be prepared. An appeal fee will be required pursuant to Section I.E(4)of these
Guidelines.
(9) Consultation with Native Americans. When an initial study identifies the
existence of, or the probable likelihood of,Native American human remains within
the project, the Lead Agency shall work with the appropriate Native Americans as
identified by the Native American Heritage Commission.See Section D of Appendix
R and Public Resources Code Section 5097.98.
III. THE (MITIGATED)NEGATIVE DECLARATION PROCESS.
A.........Decision To Prepare a Negative Declaration Or Mitigated Negative Declaration.
(1) A proposed Negative Declaration shall be prepared for a project when the
Initial Study shows that there is no substantial evidence that the project may have a
significant effect on the environment, or
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(2) A proposed Mitigated Negative Declaration shall be prepared for a project
subject to CEQA when the Initial Study identifies potentially significant effects but:
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(a) Revisions in the project plans or proposals made by or agreed to by
the applicant before the proposed Negative Declaration is released for public
review would avoid the effects or mitigate the effects to a point where clearly
no significant effect would occur; and
(b) There is no substantial evidence before the Lead Agency that the
project as revised may have a significant effect on the environment.
Section I.B(17) of these Guidelines defines circumstances in which a project will
normally be found to have significant environmental effects and in which an EIR
might be prepared.
B. Contents.
A Negative Declaration shall be written and include:
(1) A brief description of the project as proposed,including the case number or a
commonly used name for the project, if any;
(2) The location of the project and the name of the project proponent;
(3) A finding that the project will not have a significant effect on the
environment;
(4) An attached copy of the Initial Study documenting reasons to support the
finding;
(5) Mitigation measures included in the project, if a Mitigated Negative
Declaration is required, to avoid potentially significant effects;
(6) The location and custodian of the documents or other material which
constitute the basis upon which the decision to adopt a (Mitigated) Negative
Declaration is based;
(7) If the project site is on any list of sites affected by hazardous waste and
substances compiled pursuant to Section 65962.5 of the Government Code,the Lead
Agency shall specify the list and include the information required by the statement set
forth in Section 65962.5(f) of the Government Code; and
(8) If tiering is used,the later negative declaration shall refer to the prior EIR and
state where a copy of the prior EIR may be examined. The later negative declaration
should state that the Lead Agency is using the tiering concept and that it is being
tiered with the earlier EIR.
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The form for a Negative Declaration or Mitigated Negative Declaration appears in
Appendix L of these Guidelines.
C. Public Notice.
A Notice of Intent to adopt a(Mitigated)Negative Declaration shall be provided to
the public and the public agencies identified below in subsection E so that the public
and each public agency have at least 20 days to review the (Mitigated) Negative
Declaration prior to its adoption by the Lead Agency or, if the(Mitigated)Negative
Declaration is provided to the State Clearinghouse for review by state agencies, the
notice shall be provided so that the public and public agencies have at least 30 days
to review the negative declaration prior to its adoption. Notice shall also be given to
the last known address of all organizations and individuals who have previously
requested such notice in writing and shall also be given by at least one of the
following procedures:
(1) Publication at least one time by the Lead Agency in a newspaper of general
circulation in the area affected by the proposed project; or
(2) Posting of notice by the Lead Agency on and offsite in the area where the
project is to be located; or
(3) Direct mailing to the owners and occupants of property contiguous to the
project as such owners are shown on the latest equalized assessment roll.
Public Notice of the proposed(Mitigated)Negative Declaration may be given at the
same time and in the same manner as public notice of the project required by any
other law. Notice shall be mailed to the county clerk so that the county clerk receives
the notice at least twenty(20)days before the(Mitigated)Negative Declaration is to
be adopted or at least thirty(30)days before the(Mitigated)Negative Declaration is
to be adopted if the(Mitigated)Negative Declaration is required to be submitted to
the State Clearinghouse. The county clerk will post the Notice for at least twenty
(20) days before returning the Notice to the Lead Agency. This Notice should be
retained in the environmental record for the project. The form of a Notice of Intent to
Adopt a (Mitigated) Negative Declaration is found as Appendix M of these
Guidelines.
D. Public Review.
The proposed(Mitigated)Negative Declaration shall be made available to the public
for at least twenty(20)days from the date that a notice is published,posted,or mailed
prior to final approval in order to provide an opportunity for members of the public to
respond to the finding. Where State Clearinghouse review is involved, this public
review period shall be at least thirty (30) days, pursuant to subsection (F) below,
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unless a shorter period is approved by the State Clearinghouse. The Director of
Planning is designated to request a shortened review period, when appropriate.
E. Review By_Other Public Agencies.
(1) The Lead Agency shall consult with all Responsible Agencies, Trustee
Agencies,and agencies having jurisdiction by law over the project prior to approving
the Negative Declaration by sending a copy of the Notice of Intent and proposed
(Mitigated)Negative Declaration and initial study to all such agencies. Further,the
Lead Agency shall provide notice of any public hearing on the proposed project to
each Public Agency which comments on the(Mitigated)Negative Declaration within
the comment periods specified by CEQA. (If the public agency had previously
received notice of the hearing, the notice need not be sent again after receiving
comments on the negative declaration.)
(2) If a project involves the construction or alteration of a facility within
one-fourth (1/4) mile of a school which project might reasonably be anticipated to
emit hazardous or acutely hazardous air emissions, or which would handle acutely
hazardous material or a mixture containing acutely hazardous material in a quantity
equal to or greater than the quantity specified in subdivision(a)of Section 25536 of
the Health and Safety Code,which may pose a health or safety hazard to persons who
would attend or would be employed at the school, then the Lead Agency shall:
(a), Provide the relevant school district with written notice of the project
not less than thirty(30) days prior to approval of the Negative Declaration;
and
(b) Consult with that district regarding the potential impact of the project
on the school.
(3) For purposes of paragraph(2)above,"acutely hazardous material"shall have
the definition attributed to it in Section 66260.10 of Title 22 of the California Code
of Regulations,and"hazardous air emissions"shall have the meaning attributed to it
in Section 44321 of the Health and Safety Code.
F. State Clearinghouse Review Of Pro .
(1) If a project is determined to be of statewide, regional or areawide
significance, pursuant to the criteria in Appendix D of these Guidelines, the
(Mitigated) Negative Declaration shall be submitted to the State Clearinghouse,
transportation agencies as defined in Section I.B(20) of these Guidelines, and the
local metropolitan area council of governments (e.g. the Southern California
Association of Governments (SLAG)).
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(2) If one or more state agencies is a Responsible Agency or Trustee Agency or
possesses jurisdiction by law over the project,the(Mitigated)Negative Declaration
shall be submitted to the State Clearinghouse for distribution to those agencies.
When the Lead Agency submits a (Mitigated) Negative Declaration to the State
Clearinghouse,the Lead Agency shall include a printed copy of the document and a
copy of the document in electronic form on a diskette or by electronic mail
transmission, if available.
G. Contents Of Notice Of Intent.
A Notice of Intent to adopt a(Mitigated)Declaration may follow the form provided
in Appendix M and shall specify the following:
(1) A brief description of the proposed project and its location.
(2) The starting and ending dates for the review period during which the Lead
Agency will receive comments on the proposed (Mitigated) Negative Declaration.
This shall include starting and ending dates for the review period. If the review
period has been shortened, the notice shall include a statement to that effect.
(3) The date,time,and place of any scheduled public meetings or hearings to be
held by the Lead Agency on the proposed project,when known to the Lead Agency at
the time of notice.
(4) The address or addresses where copies of the proposed(Mitigated)Negative
Declaration, including revisions and all documents referenced in the proposed
(Mitigated)Negative Declaration,are available for review. This location or locations
shall be readily accessible to the public during the Lead Agency's normal working
hours.
(5) The presence of the site on any of the lists enumerated under Section 65962.5
of the Government Code including, but not limited to lists of hazardous waste
facilities,land designated as hazardous waste property,and hazardous waste disposal
sites, and the information in the Hazardous Waste and Substances Statement
required under subsection(f) of that section.
(6) Other information specifically required by statute or regulation for a particular
proj ect or type of proj ect.
H. Final Approval/Finding.
(1) Independent Review and finding. Prior to approving the project, the
decision-making body shall independently review and analyze the (Mitigated)
Negative Declaration and any comments received by the Lead Agency concerning the
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(Mitigated)Negative Declaration and adopt or disapprove the(Mitigated)Negative
Declaration. The Lead Agency shall not adopt a(Mitigated)Negative Declaration
unless it finds that the (Mitigated) Negative Declaration reflects the independent
judgement of the Lead Agency. Where the project would result in no significant
impacts or where mitigation measures eliminating significant effects are incorporated
into the project,the Lead Agency shall adopt a(Mitigated)Negative Declaration and
make a finding that the project as approved will not have a significant effect on the
environment and that the (Mitigated) Negative Declaration represents the
independent judgment and analysis of the Lead Agency. When adopting a
(Mitigated) Negative Declaration the Lead Agency shall also adopt a monitoring
program as described in Section VII for any mitigation measures and shall specify the
location and custodian of the documents and other material which constitute the
record of proceedings upon which the decision is based.
(2) Substitution of Mitiization Measures. As a result of the public review process
for a(Mitigated)Negative Declaration,including administrative decisions and public
hearings, the Lead Agency may conclude that certain mitigation measures are
infeasible or otherwise undesirable. In those circumstances,the Lead Agency,prior
to approving the project, may delete those mitigation measures and substitute for
them other mitigation measures that the Lead Agency finds,in writing,after holding
a public hearing on the matter, are equivalent or more effective in mitigating
significant effects on the environment to a less than significant level and that do not
cause any potentially significant effect on the environment. If those new mitigation
measures are made conditions of project approval or are otherwise made part of the
project approval,the deletion of the former measures and the substitution of the new
mitigation measures shall not constitute an action or circumstance requiring
recirculation of the (Mitigated)Negative Declaration.
(3) Recirculation. The Lead Agency is required to recirculate a Negative
Declaration when the document must be substantially revised after the public Notice
of Intent has been given,but prior to the adoption of the Negative Declaration. The
Notice of Recirculation shall comply with the requirements for the Notice of Intent in
Sections III.0 to III.G of these Guidelines.
(a) Recirculation is not required under the following circumstances:
1. Mitigation measures are replaced with equal or more effective
measures pursuant to Section III.H(2).
2. New proj ect revisions are added in response to written or
verbal comments on the project's effects identified in the proposed
Negative Declaration which are not new avoidable significant effects.
3. Measures or conditions of project approval are added after
circulation of the Negative Declaration which are not required by
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CEQA,which do not create new significant environmental effects and
are not necessary to mitigate an avoidable significant effect.
4. New information is added to the Negative Declaration which
merely clarifies,amplifies,or makes insignificant modifications to the
negative declaration.
(b) A"substantial revision" of the Negative Declaration shall mean:
1. A new,avoidable significant effect is identified and mitigation
measures or project revisions must be added in order to reduce the
effect to insignificance, or
2. The Lead Agency determines that the proposed mitigation
measures or project revisions will not reduce potential effects to less
than significance and new measures or revisions must be required.
(c) If during the negative declaration process there is substantial evidence
in light of the whole record, before the Lead Agency that the project, as
revised, may have a significant effect on the environment which cannot be
mitigated or avoided,the Lead Agency shall prepare a draft EIR and certify a
final EIR prior to approving the project. It shall circulate the draft EIR for
consultation and review pursuant to Section N.C., and advise reviewers in
writing that a proposed Negative Declaration had previously been circulated
for the project.
(4) Projects near airports. The Lead Agency shall not adopt a (Mitigated)
Negative Declaration for a project within the boundaries of a comprehensive airport
land use plan or,if a comprehensive airport land use plan has not been adopted,for a
project within two nautical miles of a public airport or public use airport, without
first considering whether the project will result in a safety hazard or noise problem
for persons using the airport or for persons residing or working in the project area.
I. Appeal Of Final Approval.
Approval of a(Mitigated) Negative Declaration may be appealed in writing within
ten (10) days after approval of the project for which the (Mitigated) Negative
Declaration was prepared. The appeal of the(Mitigation)Negative Declaration will
be considered by the same body that considers an appeal of a decision on the project
for which the Negative Declaration is prepared. If the decision on the project is not
appealable, then the (Mitigated) Negative Declaration shall also not be appealable.
An appeal fee will be required pursuant to Section I.E(4) of these Guidelines.
J. Notice Of Determination.
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After deciding to carry out or approve a project for which a (Mitigated) Negative
Declaration has been approved,the Lead Agency shall file a Notice of Determination.
The form of the Notice of Determination is found in Appendix Q.
(1) Contents. The Notice of Determination shall include:
(a) An identification of the project including its common name where
possible and its location;
(b) A brief description of the project;
(c) The date on which the project was approved;
(d) The determination that the project will not have a significant effect on
the environment;
(e) A statement that a (Mitigated) Negative Declaration has been
prepared pursuant to the provisions of CEQA;
(f) The mitigation measures which were made a condition of the approval
of the project; and
(g) The address where a copy of the (Mitigated) Negative Declaration
may be examined.
(2) The Notice of Determination shall be filed with the county clerk within five
(5)working days after approval of the project. The county clerk will post the Notice
for thirty(30) days before returning the Notice to the Lead Agency with a notation
showing the dates of posting. The Notice must then be retained in the records of the
Lead Agency for at least nine(9)months. A copy of the Notice of Determination and
the (Mitigated) Negative Declaration shall also be provided to agencies which
provided information to the Lead Agency after consultation pursuant to Section
II.E(3)(c) of these Guidelines. If the project requires discretionary approval from a
state agency, the Notice of Determination shall also be filed with the Office of
Planning and Research.
(3) A Notice of Determination shall be provided to all organizations and
individuals who have previously requested such notice in writing by mailing a copy
of the Notice to them within five (5)working days after approval of the project.
K. Time Limit.
For a project involving a lease, license, permit, certificate, or other entitlement for
use,a(Mitigated)Negative Declaration shall be completed within 180 days from the
day the application for the project is determined to be complete. A reasonable
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extension may be granted upon consent of the applicant provided that compelling
circumstances justify additional time. Appendix B illustrates the time limits
discussed in these Guidelines.
L. Mitigation Monitoring.
If the Lead Agency has conditioned approval of a project for which a Mitigated
Negative Declaration has been prepared upon the implementation of measures to
mitigate potential adverse environmental effects or if such mitigation measures were
incorporated into the project as a result of the Initial Study, the Lead Agency shall
adopt a reporting or monitoring program pursuant to Section VII of these Guidelines.
M. Addenda Or Subsequent Documents.
Addenda to or subsequent environmental documents prepared after approval of a
(Mitigated)Negative Declaration shall be processed according to Section VI of these
Guidelines.
IV. THE EIR PROCESS.
A. Decision To Prepare an EIR.
(1) If the Lead Agency finds after an Initial Study, and despite any mitigation
measures prepared under Section II or III of these Guidelines, that, in light of the
whole record, there is substantial evidence that the project may have a significant
effect on the environment,the Lead Agency shall prepare or cause to be prepared an
Environmental Impact Report.
(2) An EIR shall be prepared whenever it can be fairly argued on the basis of
substantial evidence that the project may have a significant effect on the
environment. The existence of a public controversy over the environmental effects of
a project shall not require preparation of an EIR if there is no substantial evidence,in
light of the whole record before the Lead Agency, that the project may have a
significant effect on the environment. Argument, speculation, unsubstantiated
opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence
of social or economic impacts which do not contribute to, or are not caused by,
physical impacts on the environment, is not substantial evidence. Substantial
evidence shall include facts, reasonable assumptions predicated upon facts, and
expert opinion supported by facts.
(3) Certain projects may automatically trigger the preparation of an EIR. The
Lead Agency should consult State CEQA Guidelines Section 15081.5 before
analyzing any of the following projects:
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(a) The burning of municipal waste, hazardous waste or refuse driven
fuel,
(b) Issuance of a hazardous waste facilities permit,
(c) Open pit mining operations, and
(d) An initial base reuse plan.
B. Preparation of the Draft EIR.
(1) Notice of Preparation. Upon deciding that an EIR is required, the Lead
Agency shall issue a Notice of Preparation by certified mail to each responsible
agency,those public agencies having jurisdiction by law over natural resources that
may be affected by the Project, similar federal agencies and each city or county that
borders on the Lead Agency. The notice shall also be sent to every federal agency
involved in approval or funding of the Project, to any agency which provided
information to the Lead Agency after consultation pursuant to Section II.E(3)(c) of
these Guidelines, and to all organizations and individuals who have previously
requested such notice. The notice shall be in the form provided in Appendix N of
these Guidelines. The agencies notified shall have thirty (30) days in which to
respond to the Notice and a draft EIR may not be circulated for public review until
that time has elapsed. If an agency does not respond within the thirty(30)day period,
the Lead Agency may assume that agency has no response.
(2) Projects Of Statewide, Regional Or Areawide Significance. If a project is
determined to be of Statewide, Regional or Areawide significance pursuant to the
criteria in Appendix D of these Guidelines, the Notice of Preparation shall also be
submitted to transportation agencies as defined in Section I.B(20) of these
Guidelines.
(3) Early Consultation. Prior to completing a draft EIR, the Lead Agency may
consult with any persons or organizations it believes may be concerned with the
environmental effects of the project. The Lead Agency shall,upon the request of the
applicant,provide for early consultation to identify the range of actions,alternatives,
mitigation measures, and significant effects to be analyzed in depth in the EIR. The
Lead Agency may consult with persons identified by the applicant which the
applicant believes will be concerned with the environmental effects of the project and
may consult with members of the public who have made written request to be
consulted on the project. A request by the applicant for early consultation shall be
made not later than 30 days after the Lead Agency determines that an EIR will be
required for the project,pursuant to Section II.E(7)(b)of these Guidelines. The Lead
Agency may charge and collect from the applicant a fee not to exceed the actual costs
of the consultation.
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(4) Consultation With Water Suppliers For Certain Mixed-Use Projects and
Projects Of Statewide, Regional Or Areawide Significance. For those projects
described below, at the time that the Notice of Preparation is distributed, the Lead
Agency shall contact each operator of a water system that will serve the Project and
that is, or may become, a public water system. ("Public water system"is defined in
Water Code Section 10912). The Lead Agency shall request that the operator of the
water system assess whether the projected water demand associated with the Proj ect
was included as part of the most recently adopted urban water management plan.
The public water system operator shall provide the assessment not later than thirty
days after the date that the request was received and the Lead Agency shall include in
the draft EIR the assessment and any other information provided by the operator
pursuant to Water Code Section 10911. The assessment and the information shall
not exceed ten standard typewritten pages in length.
This requirement shall only apply to the adoption or amendment of a Specific Plan or
an amendment or revision of the land use element of the General Plan that may result
in a net increase in population density or building intensity. Furthermore, the
requirements of this Section will not apply unless the Specific Plan or General Plan
.Amendment is made in connection with a project of statewide,regional or areawide
significance that falls within subsection b of Appendix D or a mixed use project that
would demand an amount of water equivalent to,or greater than,the amount of water
required by a 500 dwelling unit project.
(5) Means Of Preparation.
(a) The Lead Agency may choose one of the following arrangements,or a
combination of them,for preparing a draft EIR. If option 2 below is used,the
contract for preparation of a draft EIR shall be awarded within 45 days of the
receipt of a complete application for the project, including submittal of
required fees by the applicant, unless the Lead Agency finds that a longer
period of time is required due to compelling circumstances and the project
applicant consents thereto.
1. Preparing the draft EIR directly, with its own staff.
2. Contracting with another entity,public or private, to prepare
the draft EIR.
3. Using an EIR previously certified by a public agency.
(b) Before using a draft EIR prepared by another person,the Lead Agency
shall independently review and analyze the draft EIR, and shall not approve
the release, circulation, or use of the draft EIR unless it determines that the
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draft EIR reflects the independent judgement of the Lead Agency. The Lead
Agency is responsible for the adequacy and objectivity of the draft EIR.
(c) If the Lead Agency chooses to prepare the draft EIR pursuant to
Section(a)(1) or(a)(2) above, then the applicant shall make payment to the
Lead Agency in order to defray the costs to prepare and/or evaluate the draft
EIR; the applicant shall not make direct payment to the contractor who is to
prepare the draft EIR.
(6) Format.
(a) An EIR shall contain a table of contents or an index to assist readers
in finding the analysis of different subjects and issues.
(b) An EIR shall contain a brief summary of the proposed actions and
their consequences, which should not exceed fifteen (15) pages and which
shall identify:
1. Each significant effect with proposed mitigation measures and
alternatives that would reduce or avoid that effect.
2. Areas of controversy known to the Lead Agency including
issues raised by agencies and the public; and
3. Issues to be resolved including the choice among alternatives
and whether or how to mitigate the significant effects.
(c) The information contained in an EIR shall include summarized
technical data,maps,plot plans, diagrams, and similar relevant information
sufficient to permit full assessment of significant environmental impacts.
Highly specialized and technical data, however, should be included in
appendices rather than in the main body of the report.
(d) The EIR should be prepared using natural and social science
methodologies and include consideration of qualitative as well as quantitative
factors.
(e) The EIR shall reference all documents used in its preparation and may
incorporate any document by reference. The EIR shall state where an
incorporated document is available for public inspection.
(f) An EIR prepared for a general or specific plan or zoning ordinance
may be used as the foundation document for subsequent EIR's prepared for
specific projects within the geographic area covered by the plan or ordinance.
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(7) Contents. A draft EIR should be less than 150 pages in most cases and shall
contain the following information:
(a) Description Of Prod ect. A description of the project including the
following information, but only in sufficient detail to allow evaluation and
review of the environmental impact:
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1. The precise location and boundaries of the proposed project
on a detailed map,preferably topographic. The location of the project
shall also appear on a regional map.
2. A statement of the objectives sought by the proposed project.
The statement of objectives should include the underlying purpose of
the project.
3. A general description of the project's technical,economic,and
environmental characteristics, considering the principal engineering
proposals, if any, and supporting public service facilities.
4. A statement describing the intended uses of the EIR,
including: a list of the permits and other approvals required to
implement the project; a list of related environmental review and
consultation requirements required by federal, state, or local laws,
regulations, or policies; and, all decisions on the project subject to
CEQA.
5. If the project site is on any list of sites affected by hazardous
waste and substances compiled pursuant to Section 65962.5 of the
Government Code, then the Lead Agency shall specify the list and
include the information required by the statement set forth in Section
65962.5(f) of the Government Code.
(b) Description Of Environmental Setting. A description of the physical
environmental conditions in the vicinity of the project, as they exist at the
time the notice of preparation is published, or if no notice of preparation is
published, at the time environmental analysis is commenced, from both a
local and regional perspective. This environmental setting will normally
constitute the baseline physical conditions by which the Lead Agency
determines whether an impact is significant. Special emphasis should be
placed on environmental resources that are rare or unique to that region and
would be affected by the project. The EIR shall discuss any inconsistencies
between the proposed project and applicable general and regional plans.
1. When preparing an EIR for a plan for the reuse of a military
base, the Lead Agency should refer to the special application of the
principle of baseline conditions for determining significant impacts
contained in Section 15229 of the State CEQA Guidelines.
(c) Cumulative Impacts.
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An EIR shall discuss cumulative impacts of a proj ect when the
project's incremental effect is cumulatively considerable. Where the
Lead Agency is examining a proj ect with an incremental effect that is
not"cumulatively considerable,"the Lead Agency need not consider
that effect significant, but shall briefly describe its basis for
concluding that the incremental effect is not cumulatively
considerable.
1. When the combined cumulative impact associated with the
project's incremental effect and the effects of other projects is not
significant,the EIR shall briefly indicate why the cumulative impact
is not significant and is not discussed in further detail in the EIR. The
Lead Agency shall identify facts and analysis supporting its
conclusion that the cumulative impact is less than significant.
2. An EIR may determine that a project's contribution to a
significant cumulative impact will be rendered less than cumulatively
considerable and thus is not significant. A project's contribution is
less than cumulatively considerable if the project is required to
implement or fund its fair share of a mitigation measure or measures
designed to alleviate the cumulative impact. The Lead Agency shall
identify facts and analysis supporting its conclusion that the
contribution will be rendered less than cumulatively considerable.
3. An EIR may determine that a project's contribution to a
significant cumulative impact is de minimis and thus is not
significant.
4. The discussion of cumulative impacts shall reflect the severity
of the impacts and their likelihood of occurrence,but the discussion
need not provide as great detail as is provided for the effects
attributable to the project alone. The discussion should be guided by
the standards of practicality and reasonableness, and should focus on
the cumulative impact to which the identified other projects
contribute rather than the attributes of other projects which do not
contribute to the cumulative impact.
5. The following elements are necessary to an adequate
discussion of significant cumulative impacts:
a. Either:
i. A list of past, present, and probable future
projects producing related or cumulative impacts,
including, if necessary, those projects outside the
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control of the Lead Agency. When utilizing a list,
factors to consider when determining whether to
include a related project should include the nature of
each environmental resource being examined, the
location of the project and its type.
ii. A summary of projections contained in an
adopted general plan or related planning document,or
in a prior environmental document which has been
adopted or certified, which described or evaluated
regional or areawide conditions contributing to the
cumulative impact. Any such planning document
shall be referenced and made available to the public at
a location specified by the Lead Agency;
b. The Lead Agency should define the geographic scope
of the area affected by the cumulative effect and provide a
reasonable explanation for the geographic limitation used;
C. A summary of the expected environmental effects to
be produced by those projects with specific reference to
additional information stating where that information is
available; and
d. A reasonable analysis of the cumulative impacts of the
relevant projects. An EIR shall examine reasonable, feasible
options for mitigating or avoiding the project's contribution to
any significant cumulative effects.
6. With some proj ects, the only feasible mitigation for
cumulative impacts may involve the adoption of ordinances or
regulations rather than the imposition of conditions on a
project-by-project basis.
7. Previously approved land use documents such as general
plans, specific plans, and local coastal plans may be used in
cumulative impact analysis. A pertinent discussion of cumulative
impacts contained in one or more previously certified EIRs may be
incorporated by reference pursuant to the provisions for tiering and
program EIRs. No further cumulative impacts analysis is required
when a project is consistent with a general, specific, master or
comparable programmatic plan where the Lead Agency determines
that the regional or areawide cumulative impacts of the proposed
project have already been "adequately addressed," as defined in
Section V.B(2)(c), in a certified EIR for that plan.
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8. If a cumulative impact was adequately addressed in a prior
EIR for a community plan, zoning action, or general plan, and the
project is consistent with that plan or action, then an EIR for such a
project should not further analyze that cumulative impact.
(d) Environmental Impact. All phases of a project shall be considered
when evaluating its impact on the environment: planning, acquisition,
development, and operation. The following subjects shall be discussed,
preferably in separate sections or paragraphs. The information required by
subparagraph 6 below,however,need be included only in EIR's prepared for
the following: the adoption, amendment, or enactment of a plan,policy, or
ordinance of a public agency; the adoption by a local agency formation
commission of a resolution making determinations;or,a project requiring an
Environmental Impact Statement under the National Environmental Policy
Act of 1969.
1. The significant environmental effects of the proposed project,
including direct and indirect and short- and long-term effects. In
assessing the impact of a proposed project on the environment, the
Lead Agency should normally limit its examination to changes in the
existing physical conditions in the affected area as they exist at the
time the notice of preparation is published, or where no notice of
preparation is published, at the time environmental analysis is
commenced. However, the existing physical conditions should
include a consideration of any vested right to further development. A
copy of the Initial Study shall be attached to the EIR to provide the
basis for limiting the impacts discussed.
2. Any significant environmental effects which cannot be
avoided if the proposal is implemented,including those which can be
mitigated but not reduced to a less-than- significant level, and the
reasons why the project is proposed notwithstanding these impacts.
3. Any significant irreversible environmental changes which
would be involved if the proposed action is implemented, including
uses of nonrenewable resources and irreversible commitments of
resources, should be evaluated to assure proposed consumption is
justified.
4. The growth-inducing impact of the proposed action,including
the ways in which the proposed project could foster economic or
population growth, either directly or indirectly, in the surrounding
environment.
5. Mitigation measures proposed to minimize the significant
effects including avoidable, adverse impacts,and any inefficient and
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unnecessary consumption of energy. This discussion shall identify
measures which will eliminate such impacts or reduce them to a less-
than-significant level. Where several measures are available to
mitigate an impact, each should be discussed and the basis for
selecting a particular measure should be given. If a mitigation
measure would cause one or more significant impacts in addition to
those which would be caused by the project as proposed,these shall
be discussed, but in less detail than the effects of the project as
proposed.
a. Formulation of mitigation measures should not be
deferred until some future time. However, measures may
specify performance standards which would mitigate the
significant effect of the project and which may be
accomplished in more than one way that is specified in the
mitigation measure.
b. In the case of the adoption of a plan, policy,
regulation,or other public project,mitigation measures can be
incorporated into the plan, policy, regulation, or project
design.
C. If the Lead Agency determines that a mitigation
measure cannot be legally imposed, the measure need not be
proposed or analyzed. Instead,the EIR may simply reference
that fact and briefly explain the reasons underlying the Lead
Agency's determination.
d. Energy conservation measures shall be discussed
when relevant.
e. After analyzing the significance, if any, on historical
and archaeological resources pursuant to Appendix R of these
Guidelines,the Lead Agency shall identify potentially feasible
measures to mitigate significant adverse changes in the
significance of an historical or archaeological resource.
Public agencies should, whenever feasible, seek to avoid
damaging effects on any historical resource of an
archaeological nature. The following factors shall be
considered and discussed in an EIR for a project involving
such an archaeological site:
i. Preservation in place is the preferred manner
of mitigating impacts to archaeological sites.
Preservation in place maintains the relationship
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between artifacts and the archaeological context.
Preservation may also avoid conflict with religious or
cultural values of groups associated with the site.
ii. Preservation in place may be accomplished by,
but is not limited to, the following: planning
construction to avoid archaeological sites;
incorporation of sites within parks, greenspace, or
other open space; covering the archaeological sites
with a layer of chemically stable soil before building
tennis courts,parking lots, or similar facilities on the
site; deeding the site into a permanent conservation
easement.
iii. When data recovery through excavation is the
only feasible mitigation, a data recovery plan, which
makes provision for adequately recovering the
scientifically consequential information from and
about the historical resource, shall be prepared and
adopted prior to any excavation being undertaken.
Such studies shall be deposited with the California
Historical Resources Regional Information Center.
Archaeological sites known to contain human remains
shall be treated in accordance with the provisions of
Section 7050.5 of the Health and Safety Code.
iv. Data recovery shall not be required for an
historical resource if the Lead Agency determines that
testing or studies already completed have adequately
recovered the scientifically consequential information
from and about the archaeological or historical
resource, provided that the determination is
documented in the EIR and that the studies are
deposited with the California Historical Resources
Regional Information Center.
6. Housing, economic, and social factors shall be considered in
deciding whether changes in a project are feasible to reduce or avoid
significant impacts. With respect to a project which includes housing
development,the Lead Agency shall not reduce the proposed number
of housing units as a mitigation measure if it determines that there is
another feasible specific mitigation measure available that will
provide a comparable level of mitigation.
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7. Any water supply assessment and other information provided
pursuant to Section IV.B(4).
8. Airport-related safety hazards and noise problems,if any,for
projects within the boundaries of a comprehensive airport land use
plan or within two nautical miles of a public or public use airport for
which an airport land use plan has not been prepared. The Lead
Agency shall use the Airport Land Use Planning Handbook published
by CalTrans' Division of Aeronautics to assist in the preparation of
the EIR.
9. If certain potential effects are not discussed in the EIR, a
statement briefly indicating the reasons that various possible
significant effects of a project were determined not to be significant
and therefore not discussed in the EIR. Such a statement may be
contained in an attached copy of an initial study.
(e) Alternatives To the Proposed Action. Describe a range of reasonable
alternatives to the project, or to the location of the project, which would
feasibly attain most of the basic objectives of the project but would avoid or
substantially lessen any of the significant effects of the project, and evaluate
the comparative merits of the alternatives. The EIR must also publicly
disclose the reasoning for selecting the alternatives.
1. Pur ose. Because an EIR must identify ways to mitigate or
avoid the significant effects that a project may have on the
environment (Public Resources Code Section 21002.1), the
discussion of alternatives shall focus on alternatives to the project or
its location which are capable of avoiding or substantially lessening
any significant effects of the project,even if these alternatives would
impede to some degree the attainment of the project objectives, or
would be more costly.
2. Selection Of a Range Of Reasonable Alternatives. The range
of potential alternatives to the proposed project shall include those
that could feasibly accomplish most of the basic purposes of the
project and could avoid or substantially lessen one or more of the
significant effects. The EIR should briefly describe the rationale for
selecting the alternatives to be discussed. The EIR should also
identify any alternatives that were considered by the Lead Agency but
were rejected as infeasible during the scoping process and briefly
explain the reasons underlying the Lead Agency's determination.
Additional information explaining the choice of alternatives may be
included in the administrative record. Among the factors that maybe
used to eliminate alternatives from detailed consideration in an EIR
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are: (i) failure to meet most of the basic project objectives; (ii)
infeasibility; or (iii) inability to avoid significant environmental
impacts.
3. Evaluation Of Alternatives. The EIR shall include sufficient
information about each alternative to allow meaningful evaluation,
analysis, and comparison with the proposed project. A matrix
displaying the major characteristics and significant environmental
effects of each alternative may be used to summarize the comparison.
If an alternative would cause one or more significant effects in
addition to those that would be caused by the proj ect as proposed,the
significant effects of the alternative shall be discussed but in less
detail than the significant effects of the project as proposed.
4. "No project" Alternative. The specific alternative of "no
project"shall also be evaluated along with its impact. The purpose of
describing and analyzing a no project alternative is to allow
decisionmakers to compare the impacts of approving the proposed
project with the impacts of not approving the proposed project. The
"no project"analysis shall discuss the existing conditions at the time
the notice of preparation is published,or if no notice of preparation is
published, at the time environmental analysis is commenced,as well
as what would be reasonably expected to occur in the foreseeable
future if the project were not approved, based on current plans and
consistent with available infrastructure and community services. If
the environmentally superior alternative is the "no project"
alternative, the EIR shall also identify an environmentally superior
alternative among the other alternatives.
5. Discussion of Alternatives. A discussion of the"no project"
alternative will usually proceed along one of two lines:
a. When the project is the revision of an existing land
use or regulatory plan, policy or ongoing operation, the "no
project" alternative will be the continuation of the existing
plan, policy or operation into the future. Typically this is a
situation where other projects initiated under the existing plan
will continue while the new plan is developed. Thus, the
projected impacts of the proposed plan or alternative plans
would be compared to the impacts that would occur under the
existing plan.
b. If the proj ect is other than a land use or regulatory
plan, for example a development project on identifiable
property, the "no project" alternative is the circumstance
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under which the proj ect does not proceed. Here the
discussion would compare the environmental effects of the
property remaining in its existing state against environmental
effects which would occur if the proj ect is approved. If
disapproval of the project under consideration would result in
predictable actions by others, such as the proposal of some
other project, this "no project" consequence should be
discussed. In certain instances, the no project alternative
means"no build"wherein the existing environmental setting
is maintained. However, where failure to proceed with the
project will not result in preservation of existing
environmental conditions, the analysis should identify the
practical result of the project's non-approval and not create
and analyze a set of artificial assumptions that would be
required to preserve the existing physical environment.
C. After defining the no project alternative using one of
these approaches,the Lead Agency should proceed to analyze
the impacts of the no project alternative by projecting what
would reasonably be expected to occur in the foreseeable
future if the project were not approved,based on current plans
and consistent with available infrastructure and community
services.
6. Rule Of Reason. The range of alternatives required in an EIR
is governed by a "rule of reason" that requires the EIR to set forth
only those alternatives necessary to permit a reasoned choice. The
alternatives shall be limited to ones that would avoid or substantially
lessen any of the significant effects of the project. Of those
alternatives, the EIR need examine in detail only the ones that the
Lead Agency determines could feasibly attain most of the basic
objectives of the project. The range of feasible alternatives shall be
selected and discussed in a manner to foster meaningful public
participation and informed decision making.
a. Feasibility. Among the factors that may be taken into
account when addressing the feasibility of alternatives are site
suitability, economic viability, availability of infrastructure,
general plan consistency,other plans or regulatory limitations,
jurisdictional boundaries (projects with a regionally
significant impact should consider the regional context), and
whether the proponent has or can reasonably acquire control
or otherwise have access to the alternative site. No one of
these factors establishes a fixed limit on the scope of
reasonable alternatives.
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b. Alternative Locations.
i. Key Question. The key question and first step
in analysis is whether any of the significant effects of
the project would be avoided or substantially lessened
by putting the proj ect in another location. Only
locations that would avoid or substantially lessen any
of the significant effects of the project need be
considered for inclusion in the EIR.
ii. None Feasible. If the Lead Agency concludes
that no feasible alternative locations exist, it must
disclose the reasons for this conclusion, and should
include the reasons in the EIR. For example,in some
cases there maybe no feasible alternative locations for
a geothermal plant or mining proj ect which must be in
close proximity to natural resources at a given
location.
iii. Limited New Analysis Required. Where a
previous document has sufficiently analyzed a range
of reasonable alternative locations and environmental
impacts for projects with the same basic purposes,the
Lead Agency should review the previous document.
The EIR may rely on the previous document to help it
assess the feasibility of potential project alternatives
to the extent the circumstances remain substantially
the same as they relate to the alternative.
c. An EIR need not consider an alternative the effect of
which cannot be reasonably ascertained and the
implementation of which is remote and speculative.
(f) Ori4anizations and Persons Consulted. The identity of all federal,
state,or local agencies,other organizations and private individuals consulted
in preparing the EIR, and the identity of the persons, firm, or agency which
prepared the EIR.
(g) Prior EIR. If tiering is used,the later EIR shall refer to the prior EIR
and state where a copy of the prior EIR may be examined. The later EIR
should state that the Lead Agency is using the tiering concept and that it is
being tiered with the earlier EIR.
(h) Confidential Information. No EIR or document referenced in an EIR,
that is available for public examination, shall include a "trade secret" as
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defined in Section 6254.7 of the Government Code, information about the
location of archaeological sites and sacred lands, or any other information
that is subject to the disclosure restrictions of Section 6254 of the
Government Code.
C. Public Review Of Draft EIR.
(1) Consultation.
(a) After completing a draft EIR,the Lead Agency shall consult with and
request comments from:
1. All Responsible Agencies, Trustee Agencies, and other
agencies having jurisdiction by law over the project or over the
natural resources which maybe affected by the project.
2. Any city or county which borders on the City,unless the Lead
Agency and the City or county otherwise designate annually by
agreement.
3. For a project of statewide,regional,or areawide significance,
the transportation agencies as defined in I.B(18)of these Guidelines.
4. For a subdivision project located within one mile of a facility
of the State Water Resources Development System, the California
Department of Water Resources.
The consultation shall be combined with the review period and notices
described below in subsection(2)shall satisfy the requirement to consult and
request comments from these agencies.
(b) If a project involves the construction or alteration of a facility within
one-fourth(1/4)mile of a public school and which project might reasonably
be anticipated to emit hazardous or acutely hazardous air emissions,or which
would handle acutely hazardous material or a mixture containing acutely
hazardous material in a quantity equal to or greater than the quantity specified
in subdivision (a) of Section 25536 of the Health and Safety Code, which
may pose a health or safety hazard to persons who would attend or would be
employed at the school, the Lead Agency shall:
1. Provide the relevant school district with written notice of the
project not less than thirty(3 0)days prior to certification of the EIR;
and
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2. Consult with that district regarding the potential impact of the
project on the school.
(c) For purposes of paragraph (b) above, "acutely hazardous material"
shall have the definition attributed to it in Section 66260.10 of Title 22 of the
California Code of Regulations,and"hazardous air emissions"shall have the
meaning attributed to it in Section 44321 of the Health and Safety Code.
(d) If a project involves burning of municipal wastes,hazardous waste,or
refuse-derived fuel, as described in Public Resources Code Section 21092,
then notice shall also be provided by direct mailing to the owners and
occupants within 1/4 mile of the project site.
(2) Notice. The Lead Agency shall provide public notice of the availability(the
form of which is shown in Appendix P)of the draft EIR,and at the same time,send a
Notice of Completion(the form of which is shown in Appendix O)to the Office of
Planning and Research(OPR).
(a) Notice shall be given to all agencies which must be consulted as
described above in Section (1)(a), to all organizations and individuals who
have previously requested such notice in writing and to all agencies which
provided information to the Lead Agency after consultation pursuant to
Section II.E(3)(c) of these Guidelines.
(b) Notice shall also be given by at least one of the following procedures:
1. Publication at least one time by the Lead Agency in a
newspaper of general circulation in the area affected by the proposed
project; or
2. Posting of notice by the Lead Agency on- and off-site in the
area where the project is to be located; or
3. Direct mailing to the owners and occupants of property
contiguous to the project as such owners are shown on the latest
equalized assessment roll.
(c) Notice shall be filed with the county clerk;the county clerk will post
the Notice for thirty (30) days before returning the Notice to the Lead
Agency. This Notice should be retained in the environmental record for the
proj ect.
(3) Contents Of Notice. The notice of availability shall specify the period during
which comments will be received on the EIR, and shall include the date, time, and
place of any public hearings on the proposed proj ect,a brief description of the project
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and its location,the significant impacts, if any, anticipated as a result of the project,
whether the project is listed as a hazardous waste site pursuant to Government Code
Section 65962.5, and if so, the Hazardous Waste Substances Statement, and an
address where copies of the draft EIR and all documents referenced in the EIR are
available for review. Appendix P contains a Notice of Availability form.
(4) Public Review Period. In order to allow sufficient opportunity for public
comment, the draft EIR shall be made available to the public for at least thirty(30)
days, but not more than sixty (60) days, after notice of availability is given to the
public, public agencies and the County Clerk. EIR's submitted to the State
Clearinghouse shall be available for public review for at least forty-five (45) days,
unless a shorter period is approved by the State Clearinghouse. The Director of
Planning is authorized to request a shortened review period, when appropriate. A
draft EIR shall be made available for review in a public area in at least three locations
in the City.
(5) Review of Projects. EIR's for projects to be reviewed by state agencies shall
be submitted to the State Clearinghouse. EIR's for projects deemed to be of
statewide,regional or areawide significance under the criteria set forth in Appendix
D shall be submitted to the State Clearinghouse,to transportation agencies as defined
in Section I.B(20) of these Guidelines, and to the local metropolitan area council of
governments (e.g. Southern California Association of Governments). When
submitting such documents to the State Clearinghouse,the Lead Agency shall include
a printed copy and a copy of the document in electronic form on a diskette or by
electronic mail transmission, if available.
(6) Revised Draft EIR's.
(a) The Lead Agency is required to recirculate an EIR when significant
new information is added to the EIR after public notice is given of the
availability of the draft EIR for public review but before certification. This
can include changes in the project or environmental setting as well as
additional data or other information. New information added to an EIR is not
"significant"unless the EIR is changed in a way that deprives the public of a
meaningful opportunity to comment upon a substantial adverse
environmental effect of the project or a feasible way to mitigate or avoid such
an effect (including a feasible project alternative) that the project's
proponents have declined to implement. "Significant new information"
requiring recirculation includes, for example, a disclosure showing that:
1. A new significant environmental impact would result from the
project or from a new mitigation measure proposed to be
implemented.
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2. A substantial increase in the severity of an environmental
impact would result unless mitigation measures are adopted that
reduce the impact to a level of insignificance.
3. A feasible project alternative or mitigation measure
considerably different from others previously analyzed would clearly
lessen the significant environmental impacts of the project, but the
project's proponents decline to adopt it.
(b) Recirculation is not required where the new information added to the
EIR merely clarifies or amplifies or makes insignificant modification in an
adequate EIR.
(c) If the revision is limited to a few chapters or portions of the EIR,the
Lead Agency need only recirculate the chapters or portions that have been
modified.
(d) Recirculation of an EIR requires notice pursuant to Section IV.C(2),
and consultation pursuant to Section IV.C(1).
(e) A decision not to recirculate an EIR when new information is added
must be supported by substantial evidence in the administrative record.
(f) When recirculating a revised EIR,either in whole or in part,the Lead
Agency shall, in the revised EIR or by an attachment to the revised EIR,
summarize the revisions made to the previously circulated draft EIR.
(g) Recirculating an EIR can result in the Lead Agency receiving more
than one set of comments from reviewers. Following are two ways in which
the Lead Agency may identify the set of comments to which it will respond.
1. When the EIR is substantially revised and the entire EIR is
recirculated,the Lead Agency may require that reviewers submit new
comments and need not respond to those comments received during
the earlier circulation period. If the Lead Agency chooses not to
respond to the comments received during the earlier circulation
period,then the Lead Agency shall advise reviewers,either within the
text of the revised EIR or by an attachment to the revised EIR, that
although part of the administrative record,the previous comments do
not require a written response in the final EIR, and that new
comments must be submitted for the revised EIR. The Lead Agency
need only respond to those comments submitted in response to the
recirculated revised EIR. The Lead Agency shall send directly to
every agency,person, or organization
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that commented on the prior draft EIR a notice of the recirculation
specifying that new comments must be submitted.
2. When the EIR is revised only in part and the Lead Agency is
recirculating only the revised chapters or portions of the EIR, the
Lead Agency may request that reviewers limit their comments to the
revised chapters or portions. The Lead Agency need only respond to
(i)comments received during the initial circulation period that relate
to chapters or portions of the document that were not revised and
recirculated, and (ii) comments received during the recirculation
period that relate to the chapters or portions of the earlier EIR that
were revised and recirculated. The Lead Agency's request that
reviewers limit the scope of their comments shall be included either
within the text of the revised EIR or by an attachment to the revised
EIR.
D. Evaluation Of Comments By the Lead A_eenna.
Staff shall evaluate comments on environmental issues received from persons,
organizations, and public agencies who reviewed the draft EIR and shall respond in
writing to significant environmental issues raised. At least 10 days prior to certifying
an EIR,the Lead Agency must provide written proposed responses to public agencies
on timely comments made by those agencies. The response may be in the form of a
revision of the draft EIR or an attachment to it.
(a) Response after Recirculation. Recirculating an EIR can result in the
Lead Agency receiving more than one set of comments from reviewers. See
IV.C(6)(g) for procedures to identify the set of comments to which the Lead
Agency will respond.
E. The Final EIR.
(1) Preparation. The Lead Agency shall prepare a Final EIR consisting of:
(a) The draft EIR or a revision of the draft;
(b) Comments on the draft EIR received during the public review period
either verbatim or in summary;
(c) A list of persons,organizations, and public agencies commenting on
the draft EIR; and
(d) The responses of the Lead Agency to significant environmental points
raised in review and consultation processes, which may be in the form of a
revision of the draft EIR or an attachment to it. Any comments raising major
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issues at variance to the Lead Agency's position shall be addressed in detail,
including reasons why they were not accepted.
(2) Certification. The Final EIR shall be presented for review and consideration
to the decision-making body of the Lead Agency. Prior to approving a project for
which an EIR was prepared,the decision-making body shall certify that the Final EIR
has been completed in compliance with CEQA and the State Guidelines, that the
decision-making body has reviewed and considered the EIR,and that the EIR reflects
the independent judgement and analysis of the Lead Agency. The decision-making
body may not approve the project until it is able to make this certification.
(3) Time Limits. For a project involving a lease, license,permit, certificate, or
other entitlement for use,the Lead Agency shall complete and certify an EIR within
one (1) year from the day the application is determined to be complete. If
circumstances justify more time,a reasonable extension maybe granted upon consent
of the applicant provided that compelling circumstances justify additional time.
Appendix B illustrates the time limits discussed in these Guidelines.
F. Decision Whether To Approve Or Carry Out the Proi ect.
The Lead Agency shall review and consider the Final EIR before deciding whether to
approve or carry out the proj ect and shall not decide to approve or carry out the
project for which an EIR was prepared unless either:
(1) The project as approved will not have a significant effect on the environment,
or
(2) The Lead Agency has:
(a) Eliminated or substantially reduced all significant effects on the
environment,where feasible, as shown in findings pursuant to Section IV.G
of these Guidelines; and
(b) Determined that any remaining significant effects on the environment
found to be unavoidable are acceptable due to overriding considerations set
forth pursuant to Section IV.H of these Guidelines.
G. Findings.
(1) The Lead Agency shall not approve or carry out a project for which an EIR
has been certified which identifies one or more significant environmental effects of
the project unless the Lead Agency makes one or more of the following findings with
respect to each significant effect:
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(a) Changes or,alterations have been required in,or incorporated into,the
project which mitigate or avoid the significant environmental effects thereof
as identified in the EIR.
(b) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding.
Such changes have been adopted by such other agency or can and should be
adopted by such other agency. This finding shall not be made if the Lead
Agency has concurrent jurisdiction with another agency to deal with
identified, feasible mitigation measures or alternatives.
(c) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for highly
trained workers, make infeasible the mitigation measures or project
alternatives identified in the Final EIR. This finding shall describe the
specific reasons for rejecting identified mitigation measures and project
alternatives.
(2) At the time of making findings pursuant to subsection (1) above, the Lead
Agency shall specify the location and custodian of the documents or other material
which constitute the record of proceedings on which the decision is based.
(3) The Lead Agency shall not approve or carry out a project for which an EIR
has been certified without making a finding as to why each of the project alternatives
identified in the EIR pursuant to Section IVB(7)(e)of these Guidelines was rejected
in favor of the project approved.
(4) Prior to approving a project for which an EIR was prepared and water
suppliers were consulted pursuant to Section IV.B(4) of the Guidelines, the Lead
Agency shall determine,based on the entire record,whether projected water supplies
will be sufficient to satisfy the demands of the proposed project, in addition to
existing and planned future uses. If the Lead Agency determines that water supplies
will not be sufficient, the Lead Agency shall treat impacts to water supplies as a
significant impact and shall make the findings set forth above in subsection (1)(a)
concerning the impact.
H. Statement Of Overriding Considerations.
When the Lead Agency approves a project which will result in the occurrence of
significant effects which are identified in the Final EIR,but which are not mitigated
(as maybe the case when findings are made pursuant to Section N.G(1)(a) above),
the decision-making body shall make a written statement of the overriding
considerations supporting its decision,based on the Final EIR and other information
in the record. Any such statement should be included in the record of the project and
noted in the Notice of Determination and should include the specific overriding
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economic,legal,social,technological,or other benefits of the project that have been
determined to outweigh the significant effects on the environment. The statement of
overriding considerations shall be supported by substantial evidence in the record.
This statement does not substitute for, and shall be in addition to, findings required
pursuant to Section IV.G.
I. Appeal Of Final Approval.
Certification of an EIR may be appealed in writing within ten(10)days after approval
of the project for which the EIR was prepared. The appeal will be considered by the
same body that considers an appeal of the decision on the project for which the EIR is
prepared. If the decision on the project is not made by the City Council and is not
appealable, then the appeal of the EIR Certification will be considered by the City
Council. An appeal fee will be required pursuant to Section I.E(4) of these
Guidelines.
J. Notice Of Determination.
After deciding to carry out or approve a project for which an EIR has been certified,
the Lead Agency shall file a Notice of Determination. The form of the Notice of
Determination is found in Appendix Q.
(1) Contents. The Notice of Determination shall include:
(a) An identification of the project including its common name where
possible and its location;
(b) A brief description of the project;
(c) The date on which the project was approved;
(d) The determination whether the project as approved will have a
significant effect on the environment;
(e) A statement that an EIR was prepared and certified pursuant to the
provisions of CEQA;
(f) Whether mitigation measures were made a condition of the approval
of the project;
(g) Whether findings regarding significant environmental effects were
made pursuant to Section IV.G of these Guidelines;
(h) Whether a statement of overriding considerations was adopted for the
project; and
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(i) The address where a copy of the EIR and the record of the project
approval may be examined.
(2) The Notice of Determination shall be filed with the county clerk within five
(5)working days after approval of the project. The county clerk will post the Notice
for thirty(30) days before returning the Notice to the Lead Agency with a notation
showing the dates of posting. The Notice should then be retained in the records of
the Lead Agency for at least nine (9)months. A copy of the Notice of Determination
and the EIR shall also be provided to agencies which provided information to the
Lead Agency after consultation pursuant to Section II.E(3)(c)of these Guidelines. If
the project requires discretionary approval from a state agency, the Notice of
Determination shall also be filed with the State Clearinghouse in the Office of
Planning and Research.
(3) A Notice of Determination shall be provided to all organizations and
individuals who have previously requested such notice in writing by mailing a copy
of the Notice to them within five (5)working days after approval of the project.
K. Mitigation Monitoring.
If the Lead Agency has imposed mitigation measures on the project,the Lead Agency
shall adopt a reporting or monitoring program pursuant to Section VII of these
Guidelines. The program shall be adopted at the time that the project is approved.
All mitigation measures imposed on a project shall be fully enforceable through
permit conditions, agreements, or other legally-binding instruments.
V. TIERING:
A. Decision to use tiering. "Tiering" refers to using the analysis of general matters
contained in a broader EIR (such as one prepared for a general plan or policy
statement) with later EIR's and negative declarations on narrower projects;
incorporating by reference the general discussions from the broader EIR; and,
concentrating the later EIR or negative declaration solely on the issues specific to the
later project. A later EIR shall be required when the initial study or other analysis
finds that the later proj ect may cause significant effects on the environment that were
not adequately addressed in the prior EIR. A negative declaration shall be required
when the provisions of Section II.E(7)(a)5 of these Guidelines are met. Tiering shall
be limited to situations where the project is consistent with the general plan and
zoning of the city in which the project is located, except that a project requiring a
rezone to achieve or maintain conformity with a general plan may be subject to
tiering.
B. Preparation of Environmental Documents for Later Project.
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(1) Where an EIR has been prepared and certified for a program,plan,policy,or
ordinance with the intent to tier the analysis of later projects,the Lead Agency for a
later project pursuant to or consistent with the program, plan, policy, or ordinance
may limit the EIR or negative declaration on the later project to effects which:
(a) Were not examined as significant effects on the environment in the
prior EIR; or
(b) Are susceptible to substantial reduction or avoidance by the choice of
specific revisions in the project, by the imposition of conditions, or other
means.
(2) Where the Lead Agency determines that a cumulative effect has been
adequately addressed in the prior EIR, that effect is not treated as significant for
purposes of the later EIR or negative declaration,and need not be discussed in detail.
(a) When assessing whether there is a new significant cumulative effect,
the Lead Agency shall consider whether the incremental effects of the project
would be considerable when viewed in the context of past, present, and
probable future projects. At this point,the question is not whether there is a
significant cumulative impact, but whether the effects of the proj ect are
cumulatively considerable.
(b) Significant cumulative environmental effects have been"adequately
addressed" if the Lead Agency determines that:
1. They have been mitigated or avoided as a result of the prior
EIR and findings adopted in connection with that prior environmental
report;
2. They have been examined at a sufficient level of detail in the
prior EIR to enable those effects to be mitigated or avoided by site
specific revisions,the imposition of conditions,or by other means in
connection with the approval of the later project; or
I They cannot be mitigated to avoid or substantially lessen the
significant impacts despite the project proponent's willingness to
accept all feasible mitigation measures, and the only purpose of
including analysis of such effects in another EIR would be to put the
agency in a position to adopt a statement of overriding considerations
with respect to the effects.
C. Types of EIR's which may be used in tiering situation. Various types of EIR's may
be used in a tiering situation. See Appendix C for examples.
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VI. SUBSEQUENT ENVIRONMENTAL DOCUMENTS REQUIRED AFTER
CERTIFICATION OR APPROVAL OF ORIGINAL DOCUMENTS.
A. Subsequent EIR's and (Mitigated)Negative Declarations.
(1) When an EIR has been certified for a project, no subsequent EIR shall be
prepared for that project unless the Lead Agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
(a) Substantial changes are proposed in the project which will require
major revisions of the previous EIR or(Mitigated)Negative Declaration due
to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
(b) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of the
previous EIR or(Mitigated)Negative Declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity
of previously identified significant effects.
(c) New information of substantial importance,which was not known and
could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certified as complete or the(Mitigated)Negative
Declaration was adopted, shows any of the following:
1. The project will have one or more significant effects not
discussed in the previous EIR or(Mitigated)Negative Declaration;
2. Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
3. Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible,and would substantially reduce one
or more significant effects of the project,but the project proponents
decline to adopt the mitigation measure or alternative; or
4. Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would substantially
reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measure or
alternative.
(2) When a(Mitigated)Negative Declaration has been adopted for a project,no
subsequent EIR,shall be required for that project,unless one or more of the elements
listed under subsection(1)of this Section have been satisfied. If changes to a project
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or its circumstances occur or new information becomes available, but none of the
elements listed under subsection (1) have been satisfied, the Lead Agency shall
determine whether to prepare a subsequent negative declaration,an addendum,or no
further documentation.
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(3) Once a project has been approved,the Lead Agency's role in project approval
is completed, unless further discretionary approval on that proj ect is required.
Information appearing after an approval does not require reopening of that approval.
If after the project is approved, any of the conditions described in subsection (1)
above occurs, a subsequent EIR or (Mitigated) Negative Declaration shall only be
prepared by the public agency which grants the next discretionary approval for the
project,if any. In this situation no other Responsible Agency shall grant an approval
for the project until the subsequent EIR has been certified or subsequent(Mitigated)
Negative Declaration adopted.
(4) A subsequent EIR or subsequent (Mitigated) Negative Declaration shall be
given the same notice and public review as required under Section IV.0 or Section
III.C. A subsequent EIR or(Mitigated)Negative Declaration shall state where the
previous document is available and can be reviewed.
B. Addendum To an EIR Or(Mitigated)Negative Declaration.
(1) The Lead Agency or Responsible Agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of the
conditions described in Section VI.A, calling for preparation of a subsequent EIR,
have occurred.
(2) An addendum to an adopted (Mitigated) Negative Declaration may be
prepared if only minor technical changes or additions are necessary or none of the
conditions described in Section VI.A.calling for the preparation of a subsequent EIR
or negative declaration have occurred.
(3) An addendum need not be circulated for public review but can be included in
or attached to the final EIR or adopted(Mitigated)Negative Declaration.
(4) The decision-making body shall consider the addendum with the final EIR or
adopted(Mitigated)Negative Declaration prior to making a decision on the project.
(5) A brief explanation of the decision not to prepare a subsequent EIR pursuant
to Section VI.A should be included in an addendum to an EIR, the Lead Agency's
required findings on the project, or elsewhere in the record. The decision must be
supported by substantial evidence.
C. Supplement To an EIR.
(1) The Lead or Responsible Agency may choose to prepare a supplement to an
EIR rather than a subsequent EIR if any of the conditions described in Section
VI.A(1)would require the preparation of a subsequent EIR,and only minor additions
or changes are necessary to make the previous EIR adequately apply to the project in
the changed situation.
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(2) The supplement to the EIR need contain only the information necessary to
make the previous EIR adequate for the project as revised.
(3) A supplement to an EIR shall be given the same kind of notice and public
review as is given to a draft EIR under Section IV.C. A supplement to an EIR may
be circulated by itself without recirculating the previous draft or final EIR.
(4) When the Lead Agency decides whether to approve the project,the decision-
making body shall consider the previous EIR as revised by the supplemental EIR. A
finding under Section IV.G shall be made for each significant effect shown in the
previous EIR as revised.
D. Use Of Master EIR's For Review Of Subsequent Proie, cts.
(1) If a Master EIR has been prepared for a project listed in Public Resources
Code Section 21157, subsequent projects that were described as being within the
scope of the master EIR, and which are submitted to the City less than five(5)years
from the certification of the Master EIR, may be given expedited environmental
review. In these situations, the Lead Agency shall prepare an Initial Study of the
subsequent project to determine if it was described in the Master EIR and whether it
will cause any significant effect on the environment that was not examined in the
Master EIR.
(2) If the Lead Agency makes a written finding that the subsequent project is
within the scope of the Master EIR,will have no additional significant effects on the
environment and no new mitigation measures or alternatives are required, then no
further environmental review is required. However,the Lead Agency shall provide
notice in the manner required by State CEQA Guidelines Section 15087 prior to
approving the project and shall file a Notice of Determination after approval of the
proj ect.
(3) If the Initial Study of the subsequent project identifies new or additional
significant effects on the environment that were not analyzed in the master EIR,then
a Mitigated Negative Declaration or focused EIR shall be prepared.
VII. MITIGATION MONITORING.
A. Program To Ensure Compliance.
If a reporting or monitoring program is required under Section 111.1,or Section IV.K
of these Guidelines, the program shall be designed to ensure compliance with
mitigation requirements during the implementation of the project. An example of a
Mitigation Monitoring Program is provided in Appendix J.
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B. Delegation.
The Lead Agency may delegate reporting or monitoring responsibilities to another
public agency or to a private entity, including the applicant for a project, which
accepts the delegation.
C. Coordination.
The Lead Agency and responsible agencies should coordinate their mitigation
monitoring or reporting programs where possible.
D. Measures Requested By State and Federal Agencies.
Prior to the close of the public review period, a Responsible Agency or Trustee
Agency which has identified what that agency considers to be significant
environmental effects is required to advise the Lead Agency of those effects. As to
those effects relevant to its decision,if any,on the project,the Responsible Agency or
Trustee Agency is required to either submit to the Lead Agency complete and
detailed performance objectives for mitigation measures addressing those effects or
refer the Lead Agency to appropriate, readily available guidelines or reference
documents concerning mitigation measures. If the Responsible or Trustee Agency is
not aware of mitigation measures that address identified effects,the Responsible or
Trustee Agency is required to so state. See State CEQA Guidelines Sections
15086(d) and 15097(f).
E. Projects Of Statewide, Regional Or Areawide Concern.
If a reporting or monitoring program is required for a project that is of statewide,
regional, or areawide concern under the criteria set forth in Appendix D of these
Guidelines, any transportation information resulting from that reporting or
monitoring program shall be submitted to the Regional Transportation Planning
Agency along with a copy of the reporting or monitoring program.
F. Fees.
A fee covering all costs and expenses, including any consultants' fees, incurred by
the City in performing reporting or monitoring programs as described in Paragraph A
above, shall be charged to the applicant.
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APPENDIX A
CEQA PROCESS FLOW CHART
Public agency determines
whether the activity is a ------------------Not aproject--------------------------------
------------
"project"
Project
Public agency determines if -------Statutory exemption----------------
the project is exempt --
-------Categorical exemption--------------
Not exempt
Public agency evaluates
project to determine if there is ______No possible significant effect------
a possibility that the project
may have a significant effect
on environment
Possible significant effect
Determination of lead agency File Notice of
where more than 1 public Exemption with County
agency is involved Clerk. No Further
action required under
CEQA
Lead Agency
Responsible Agency Lead agency prepares
initial study
Respond to informal
consultation Consultation
Lead agency decision
to prepare EIR or
Negative Declaration
EIR Negative
Declaration
Respond to Notice of Lead agency sends Notice Lead Agency
Preparation as to Consultation of Preparation to prepares negative
contents of draft EIR responsible agency declaration
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Lead agency prepares Lead agency gives
draft EIR public notice of
availability of Negative
Declaration
Lead agency files Notice
of Completion and gives
public notice of availability
of draft EIR
Comments on
adequacy of draft EIR Consultation Public
a y
or Negative Review Period
Declaration
Lead agency prepares
final EIR including
Public
responses to comments
on draft E I R Review Period
Decision-making Consideration and Decision on Project
body considers final approval of final EIR by and Consideration
EIR or Negative decision-making body and approval of
Declaration prepared Negative Declaration
by lead agency by decision-making
body
Decision on Project Decision on Project and
and Findings on Findings on feasibility of
feasibility of reducing reducing or avoiding
or avoiding significant significant environmental
environmental effects effects
File Notice of File Notice of
Determination with Determination with
County Clerk County Clerk
NOTE: This flow chart is intended merely to illustrate the EIR process contemplated by these Guidelines.
The language contained in the Guidelines controls in case of discrepancies.
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APPENDIX B
TIME LIMITS FOR APPROVAL OF PRIVATE DEVELOPMENT PROJECTS
This chart is intended to illustrate the time limits established by State law and does
not establish any additional limits on the City's authority. Nothing in these
Guidelines shall be construed to provide for automatic approval of a project for
any reason.
Start 30 days _ ---- Determine whether project---------------[30-DAYS]
Here is exempt or whether a (Plus 15 day extension*)
Negative Declaration or an
Application EIR is required
Received (PR 21080.2) If project is exempt:
Determine City must approve/disapprove------------------------------------------------------------[50-DAYS]
whether tentative subdivision map++
application is [GC 66452.1 and GC 66452.2]
complete (plus extension of up to 100 days*)
(GC 65943)
City must approve/disapprove----------------------------------------------------------------------------[60-DAYS]
all other projects[Plus extension up to 90 days*]
(GC 65950 and 65957)
Send
Written - Award EIR Contract--------------------------------[45-DAYS]
determination (PR 21151.5)
to applicant
------- Adoption of[Mitigated]Negative-------------------------------------------------[1 80-DAYS]
I I Declaration
(PR 21151.5)
II (Plus reasonable extension*) City must approve/disapprove--------------------------[50-DAYS]
tentative subdivision map++
(GC 66452.1 and 66452.2)
(plus extension of up to 100 days*]
City must approve/disapprove------------------------------------------[60-DAYS]
all other projects
[Plus extension up to 90 days*]
(GC 65950 and 65957)
------- EIR Preparation and Certification---------------------------------------------------------------------------------------------------------------------------------------------------------------[ONE-YEAR]
(PR 21151.5)
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(Plus reasonable extension
of up to 90 days;extension City must approve/disapprove----[50-DAYS]
shortens time to approve project*) tentative subdivision map-
(GC 66452.1,66452.2)
(plus extension until expiration of Permit Streamlining Act deadline*)
City must approve/disapprove-------------------[180-DAYS]
all other projects
[Plus extension up to 90 days*]
(GC 65950,65950.1,65957)
Consent of applicant required for any extension
++ If an advisory agency makes a recommendation to the legislative body concerning the tentative subdivision
map,the advisory agency must act within 50 days and the legislative body must act within 30 days after
the approval or certification of the environmental document
If an advisory agency makes a recommendation to the legislative body concerning the tentative subdivision
map,the advisory agency must act within 50 days and the legislative body must act within 30 days after
its first meeting following the recommendation.
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Appendix B, Page 2 of 2
APPENDIX C
Examples of Tiering EIR's
project encompasses separate but related projects such as general plan,
FIRST TIER EIR zoning, development
ment
(State CEQA
Guidelines Section
15152)
later tiers move from general to specific analysis of projects
later project is consistent with general plan or zoning
Later Project
EIR
initial study must examine significant effects not covered in prior EIR
later EIR must state lead agency is using tiering concept and must
comply with State CEQA Guidelines Section 15152
one large project will require a number of discretionary approvals from
STAGED EIR g g pp govt.agencies and one of those approvals will occur more than two years
(State CEQA before construction commences
Guidelines Section
15167)
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supplements to the staged EIR are prepared for later government agency
Supplement to the approvals on the same overall project if information available at the time
pp p J
Staged EIR of that later approval would permit consideration of additional
pp
environmental impacts, mitigation measures or reasonable alternative
series of actions or activities that can be characterized as one large
PROGRAM EIR project and are related either:
(State CEQA
Guidelines Section
15168)
geographically
as logical parts of a chain of activities
in connection with rules, regulations, plans or other general criteria
governing a continuing program
as individual activities carried out under common authority (statutory or
regulatory) and having similar environmental effects which can be
mitigated in similar ways
only if subsequent activity has effects not examined in the previously
Subsequent Project certifiedro ram EIR will additional environmental documentation be
p g
EIR required (if subse uent activit has no new effects,that activity is covered
q a y
by the program EIR)
alternative to project, staged, or program EIR
MASTER EIR
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(State CEQA can be used for:
Guidelines Section general plan (or gen. plan element, amendment, or update)
15175) redevelopment plan projects (public or private)
project consisting of phases of smaller individual projects
other activities described in State CEQA Guidelines Section 15175
after five years from initial certification,adopting authority must review the
Master EIR and prepare subsequent or supplemental EIR if substantial
changes have occurred with respect to circumstances under which the
original Master EIR was adopted
no new EIR is required for subsequent projects within the scope of the
Master EIR which cause no additional significant effect
a subsequent, Focused EIR is required only where:
Focused EIR
substantial new/additional information shows adverse environmental
(State CEQAr significant ant than described in
effects not examined in Master EIR or more s g c
Guidelines Section
EIR, or
15177)
substantial new/additional information shows mitigation measures
previously determined to be infeasible are now feasible and will
avoid/reduce the significant effects to a level of insignificance
SPECIAL SITUATIONS/EIRS
Multiple-family residential development/residential and commercial or retail mixed-use
development (Public Resources Code Section 21158.5 and State CEQA Guidelines Section
15179.5)
• project is multiple-family residential development up to 100 units or is a residential and
commercial or retail mixed-use development of not more than 100,000 square feet
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• if project complies with procedures in State CEQA Guidelines Section 21158.5,only a focused
EIR need be prepared, notwithstanding the fact that the project wasn't identified in the Master
EIR
Redevelopment Project (State CEQA Guidelines Section 15180)
• all public and private activities or undertakings in furtherance of a redevelopment plan (public
or private) constitute a single project
• the redevelopment plan EIR is treated as a program E I R
• no subsequent EIR is required for individual components of the redevelopment plan unless
substantial changes or substantial new information triggers a subsequent EIR or supplement to
an EIR pursuant to State CEQA Guidelines Sections 15162 or 15163
Housing/neighborhood commercial facilities (State CEQA Guidelines Section 15181)
• a project involving construction of housing or neighborhood commercial facilities in an
urbanized area
• a prior EIR for a specific plan, local coastal program, or port master plan may be used as the
EIR for such a project (no new EIR need be prepared) provided State CEQA Guidelines
Section 15181 procedures are complied with
Projects Consistent with Community Plan, General Plan, or Zoning (State CEQA Guidelines
Section 15183)
a project which is consistent with a community plan adopted as part of a general plan or zoning
ordinance or a general plan of a local agency and where there was an EIR certified for the
zoning action or master plan
• the EIR for the residential project need only examine certain significant environmental effects,
as outlined in State CEQA Guidelines Section 15183
Regulations on Pollution Control Equipment (Public Resources Code Section 21159)
• Public Resources Code Section 21159 requires environmental analysis of reasonably
foreseeable methods of compliance at the time of adoption of rule or regulation requiring the
installation of pollution control equipment
an EIR prepared at the time of adoption of the rule or regulation is deemed to satisfy the
requirement of Public Resources Code Section 21159
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Installation of Pollution Control Equipment (Public Resources Code Section 21159.1)
• a focused EIR is permitted where project 1) consists solely of installation of pollution control
equipment; 2) is required by rule or regulation adopted by the State Air Resources Board, an
air pollution control district or air quality management district, the State Water Resources
Control Board, a California regional water quality control board,the Dept. of Toxic Substances
Control, or the California Integrated Waste Management Board; and 3) meets the procedural
requirements outlined in Public Resources Code Section 21159.1
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APPENDIX D
PROJECTS OF STATEWIDE, REGIONAL OR AREAWIDE SIGNIFICANCE
Projects meeting the criteria listed in this appendix shall be deemed to be of statewide,regional,or
areawide significance. EIR's or(Mitigated)Negative Declarations prepared by the Lead Agency on
a project described below shall be submitted to the State Clearinghouse and should be submitted also
to the local metropolitan association of governments.
The Lead Agency shall determine that a proposed project is of statewide, regional, or areawide
significance if the project meets any of the following criteria:
a. The project is a proposed local general plan, element, or amendment thereof for which an EIR
was prepared.
b. A project has the potential for causing significant effects on the environment extending beyond
the city or county in which the project would be located. Examples of the effects include
generating significant amounts of traffic or substantially interfering with the attainment or
maintenance of state or national air quality standards. Projects subject to this paragraph include:
1. A proposed residential development of more than 500 dwelling units.
2. A proposed shopping center or business establishment employing more than 1,000 persons or
encompassing more than 500,000 square feet of floor space.
3. A proposed commercial office building employing more than 1,000 persons or encompassing
more than 250,000 square feet of floor space.
4. A proposed hotel/motel development of more than 500 rooms.
5. A proposed industrial, manufacturing, or processing plant, or industrial park planned to
house more than 1,000 persons, occupying more than 40 acres of land, or encompassing
more than 650,000 square feet of floor area.
c. A project which would result in the cancellation of an open space contract made pursuant to the
California Land Conservation Act of 1965(Williamson Act)for any parcel of 100 or more acres.
d. A project for which an EIR was prepared which would be located in, and have a substantial
impact upon,one of the following areas of critical environmental sensitivity as listed in Section
15206 of the State CEQA Guidelines:
1. The Lake Tahoe Basin.
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2. The Santa Monica Mountains Zone, as defined by Section 74663 of the Government Code.
3. The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the
Public Resources Code.
4. An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public
Resources Code.
5. The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220.
6. The Suisun Marsh as defined in Public Resources Code Section 29101.
7. The jurisdiction of the San Francisco Bay Conservation and Development Commission as
defined in Government Code Section 66610.
e. A project which would substantially affect sensitive wildlife habitats including,but not limited to
riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare and
threatened species as defined by the State CEQA Guidelines.
f. A project which would interfere with attainment of regional water quality standards as stated in
the approved areawide waste treatment management plan.
g. A project which would provide housing,jobs, or occupancy for 500 or more people within 10
miles of a nuclear power plant.
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APPENDIX E
LIST OF CATEGORICAL EXEMPTIONS
Note: A categorical exemption may not be used for the following projects:
(a) A project where there is a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances;
(b) When the cumulative impact of successive projects of the same type in the same place,over
time is significant;
(c) A proj ect which may result in damage to scenic resources,including,but not limited to,trees,
historic buildings, rock outcroppings, or similar resources, within an official state scenic
highway,designated pursuant to Article 2.5 (commencing with Section 260)of Chapter 2 of
Division 1 of the Streets and Highways Code,unless the project consists of improvements as
mitigation for a project for which a(Mitigated)Negative Declaration has been approved or
an environmental impact report has been certified; and
(d) A project located on a site which is included on any list compiled pursuant to Section
65962.5 of the Government Code.
(e) A project which may cause a substantial adverse change in the significance of a historical
resource.
Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the Lead Agency's determination. The types of"existing facilities"itemized
below are not intended to be all-inclusive of the types of projects which might fall within Class 1.
The key consideration is whether the project involves negligible or no expansion of an existing use.
Examples include,but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances;
(b) Existing facilities of both investor and publicly-owned utilities used to provide electric
power, natural gas, sewerage, or public utility services;
(c) Existing highways and streets, sidewalks, gutters,bicycle and pedestrian trails, and similar
facilities (this includes road grading for the purpose of public safety).
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(d) Restoration,or rehabilitation of deteriorated or damaged structures,facilities,or mechanical
equipment to meet current standards of public health and safety,unless it is determined that
the damage was substantial and resulted from an environmental hazard such as earthquake,
landslide, or flood;
(e) Additions to existing structures provided that the addition will not result in an increase of
more than:
(1) 50 percent of the floor area of the structures before the addition,or 2500 square feet,
whichever is less; or
(2) 10,000 square feet if:
A. The project is in an area where all public services and facilities are available to
allow for maximum development permissible in the General Plan, and
B. The area in which the project is located is not environmentally sensitive.
(f) Addition of safety or health protection devices for use during construction of or in
conjunction with existing structures, facilities or mechanical equipment, or topographical
features including navigational devices;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping,native growth,and water supply reservoirs(excluding
the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural
Code);
(i) Maintenance of fish screens,fish ladders,wildlife habitat areas,artificial wildlife waterway
devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to
protect fish and wildlife resources.
(j) Fish stocking by the California Department of Fish and Game.
(k) Division of existing multiple-family or single family residences into common-interest
ownership and subdivision of existing commercial or industrial buildings,where no physical
changes occur which are not otherwise exempt.
(1) Demolition and removal of individual small structures listed in this subsection:
(1) One single-family residence. In urbanized areas, up to three single-family
residences may be demolished under this exemption.
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(2) A duplex or similar multifamily residential structure. In urbanized areas, this
exemption applies to duplexes, and similar structures where not more than six
dwelling units will be demolished.
(3) A store,motel,office,restaurant or similar small commercial structure if designed
for an occupant load of 30 persons or less. In urbanized areas,the exemption also
applies to the demolition of up to three such commercial buildings on sites zoned
for such use.
(4) Accessory(appurtenant)structures including garages,carports,patios,swimming
pools, and fences.
(m) Minor repair and alterations to existing dams and appurtenant structures under the
supervision of the Department of Water Resources.
(n) Conversion of a single-family residence to office use.
(o) Installation, in an existing facility occupied by a medical waste generator, of a steam
sterilization unit for the treatment of medical waste generated by that facility provided that
the unit is installed and operated in accordance with the Medical Waste Management Act
(Section 117600, et sed., of the Health and Safety Code) and accepts no offsite waste.
(p) Use of a single-family residence as a small family day care home, as defined in Section
1596.78 of the Health and Safety Code.
As used herein, the term "urbanized areas" means a central city or a group of contiguous
cities with a population of 50,000 or more,together with adjacent densely populated areas having a
population density of at least 1000 persons per square mile.
Class 2: Replacement Or Reconstruction. Class 2 consists of replacement or reconstruction of
existing structures and facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the structure
replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake
resistant structures which do not increase capacity more than 50%.
(b) Replacement of a commercial structure with a new structure of substantially the same size,
purpose and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity.
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(d) Conversion of overhead electric utility distribution system facilities to underground,
including connection to existing overhead electric utility distribution lines where the surface
is restored to the condition existing prior to the undergrounding.
Class 3: New Construction Or Conversion Of Small Structures. Class 3 consists of construction and
location of limited numbers of new,small facilities or structures;installation of small new equipment
and facilities in small structures; and the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the structure. The numbers of
structures described in this section are the maximum allowable on any legal parcel. Examples of this
exemption include, but are not limited to:
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(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized
areas, up to three single-family residences may be constructed or converted under this
exemption.
(b) A duplex or similar multi-family residential structure totalling no more than four dwelling
units. In urbanized areas, the exemption applies to apartments, duplexes and similar small
structures designed for not more than six dwelling units.
(c) A store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances and not exceeding 2500 square feet in floor area. In
urbanized areas, the exemption also applies to up to four such commercial buildings not
exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use
of significant amounts of hazardous substances where all necessary public services and
facilities are available and the surrounding area is not environmentally sensitive.
(d) Water main, sewage, electrical, gas and other utility extensions, including street
improvements, of reasonable length to serve such construction.
(e) Accessory(appurtenant)structures including garages,carports,patios,swimming pools and
fences.
(f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied
by a medical waste generator,provided that the unit is installed and operated in accordance
with the Medical Waste Management Act(Section 117600,et sem,of the Health and Safety
Code) and accepts no offsite waste.
"Urbanized area" is defined in Class 1 above.
Class 4: Minor Alterations To Land. Class 4 consists of minor public or private alterations in the
condition of land,water and/or vegetation which do not involve removal of healthy,mature, scenic
trees except for forestry and agricultural purposes. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent,except that grading shall not be exempt
in a waterway,in any wetland,in a scenic area officially designated by federal,state or local
governmental action, or in officially mapped areas of severe geologic hazard such as an
Alquist-Priolo Earthquake Fault Zone or within an official Seismic Hazard Zone, as
delineated by the State Geologist.
(b) New gardening or landscaping, including the replacement of existing conventional
landscaping with water efficient or fire resistant landscaping.
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(c) Filling of earth into previously excavated land with material compatible with the natural
features of the site.
(d) Minor alterations in land, water and vegetation on existing officially designated wildlife
management areas or fish production facilities which result in improvement of habitat for
fish and wildlife resources or greater fish production.
(e) Minor temporary uses of land having negligible or no permanent effects on the environment,
including carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is restored.
(g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable
state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way.
(i) Fuel management activities within 30 feet of structures to reduce the volume of flammable
vegetation, provided that the activities will not result in the taking of endangered, rare, or
threatened plant or animal species or significant erosion and sedimentation of surface waters.
This exemption shall apply to fuel management activities within 100 feet of a structure if the
public agency having fire protection responsibility for the area has determined that 100 feet
of fuel clearance is required due to extra hazardous fire conditions.
Class 5: Minor Alterations In Land Use Limitations. Class 5 consists of minor alterations in land
use limitations in areas with an average slope of less than a 20% slope, which do not result in any
changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard and set back variances not resulting in the creation of
any new parcel.
(b) Issuance of minor encroachment permits.
(c) Reversion to acreage in accordance with the Subdivision Map Act.
Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental
management,and resource evaluation activities which do not result in a serious or major disturbance
to an environmental resource. These may be strictly for information-gathering purposes,or as part of
a study leading to an action which a public agency has not yet approved, adopted, or funded.
Class 7: Actions By^ulato1y Agencies For Protection Of Natural Resources. Class 7 consists of
action taken by regulatory agencies as authorized by state law or local ordinance to assure the
maintenance,restoration,or enhancement of a natural resource where the regulatory process involves
procedures for protection of the environment. Examples include but are not limited to wildlife
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preservation activities of the State Department of Fish and Game. Construction activities are not
included in this exemption.
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Class 8: Actions By Regulatory Agencies For Protection Of the Environment. Class 8 consists of
actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the
maintenance, restoration, enhancement, or protection of the environment where the regulatory
process involves procedures for protection of the environment. Construction activities and
relaxation of standards allowing environmental degradation are not included in this exemption.
Class 9: Inspections. Class 9 consists of activities limited entirely to inspections, 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 adulteration of products.
Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the
Veterans Farm and Home Purchase Act of 1943,mortgages for the purchase of existing structures
where the loan will not be used for new construction and the purchase of such mortgages by financial
institutions. Class 10 includes but is not limited to the following examples:
(a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home
Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage companies by the Public Employees
Retirement System and by the State Teachers Retirement System.
Class 11: Accessory Structures. Class 11 consists of construction,or placement of minor structures
accessory to(appurtenant to)existing commercial,industrial,or institutional facilities,including but
not limited to:
(a) On-premise signs;
(b) Small parking lots;
(c) Placement of seasonal or temporary use items such as lifeguard towers,mobile food units,
portable rest rooms, or similar items in generally the same locations from time to time in
publicly owned parks, stadiums, or other facilities designed for public use.
Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government
property except for parcels of land located in an area of statewide,regional, or areawide concern as
set forth in section(d) of Appendix D of these Guidelines. However, if the surplus property to be
sold is located in such areas, its sale is exempt if:
(a) The property does not have significant values for wildlife habitat or other environmental
purposes, and
(b) Any of the following conditions exist:
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(1) The property is of such size, shape, or inaccessibility that it is incapable of
independent development or use; or
(2) The property to be sold would qualify for an exemption under any other class of
categorical exemption in these Guidelines; or
(3) The use of the property and adjacent property has not changed since the time of
purchase by the public agency.
Class 13: Acquisition Of Lands For Wildlife Conservation Purposes. Class 13 consists of the
acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and
wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and
preserving access to public lands and waters where the purpose of the acquisition is to preserve the
land in its natural condition.
Class 14: Minor Additions To Schools. Class 14 consists of minor additions to existing schools
within existing school grounds where the addition does not increase original student capacity by
more than 25%or ten classrooms,whichever is less.The addition of portable classrooms is included
in this exemption.
Class 15: Minor Land Divisions. Class 15 consists of the division of property in urbanized areas
zoned for residential,commercial,or industrial use into four or fewer parcels when the division is in
conformance with the General Plan and zoning,no variances or exceptions are required,all services
and access to the proposed parcels to local standards are available,the parcel was not involved in a
division of a larger parcel within the previous 2 years,and the parcel does not have an average slope
greater than 20%. "Urbanized area" is defined in Class 1 above.
Class 16: Transfer Of Ownership Of Land In Order To Create Parks. Class 16 consists of the
acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural
condition or contains historical or archaeological resources and either:
(a) The management plan for the park has not been prepared, or
(b) The management plan proposes to keep the area in a natural condition or preserve the historic
or archaeological resources. CEQA will apply when a management plan is proposed that
will change the area from its natural condition or cause substantial adverse change in the
significance of the historic or archaeological resource.
Class 17: Open Space Contracts Or Easements. Class 17 consists of the establishment of
agricultural preserves,the making and renewing of open space contracts under the Williamson Act,
or the acceptance of easements or fee interests in order to maintain the open space character of the
area. The cancellation of such preserves, contracts, interests, or easements is not included in this
exemption and will normally be an action subject to the CEQA process.
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Class 18: Designation Of Wilderness Areas. Class 18 consists of the designation of wilderness areas
under the California Wilderness System.
Class 19: Annexations Of Existing Facilities and Lots For Exempt Facilities. Class 19 consists of
only the following annexations:
(a) Annexations to a city or special district of areas containing existing public or private
structures developed to the density allowed by the current zoning or pre-zoning of either the
gaining or losing governmental agency whichever is more restrictive,provided,however,that
the extension of utility services to the existing facilities would have a capacity to serve only
the existing facilities.
(b) Annexations of individual small parcels of the minimum size for facilities exempted under
Class 3 above.
Class 20: Changes In Organization Of Local Agencies. Class 20 consists of changes in the
organization or reorganization of local governmental agencies where the changes do not change the
geographical area in which previously existing powers are exercised. Examples include but are not
limited to:
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having identical powers.
(c) Merger with a city of a district lying entirely within the boundaries of the city.
Class 21: Enforcement Actions. Class 21 consists of actions by regulatory agencies to enforce or
revoke a lease,permit,license,certificate,or other entitlement for use issued,adopted,or prescribed
by the regulatory agency or enforcement of a law,general rule, standard,or objective, administered
or adopted by the regulatory agency. Such actions include,but are not limited to, the following:
(a) The direct referral of a violation of lease,permit,license,certificate,or entitlement for use or
of a general rule, standard, or objective to the Attorney General, District Attorney, or City
Attorney as appropriate, for judicial enforcement.
(b) The adoption of an administrative decision or order enforcing or revoking the lease,permit,
license,certificate,or entitlement for use or enforcing the general rule,standard,or objective.
(c) Law enforcement activities by peace officers acting under any law that provides criminal
sanction.
Construction activities undertaken by the public agency taking the enforcement or revocation
action are not included in this exemption.
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Class 22: Educational Or Training_Progams Involving No Physical Changes. Class 22 consists of
the adoption, alteration, or termination of educational or training programs which involve no
physical alteration in the area affected or which involve physical changes only in the interior of
existing school or training structures. Examples include,but are not limited to:
(a) Development of or changes in curriculum or training methods.
(b) Changes in the grade structure in a school which do not result in changes in student
transportation.
Class 23: Normal Operations Of Facilities For Public Gatherings. Class 23 consists of the normal
operations of existing facilities for public gatherings for which the facilities were designed,where
there is a past history of the facility being used for the same kind of purpose. For purposes of this
section, "past history" shall mean that the same or similar kind of activity has been occurring for at
least three years and that there is a reasonable expectation that the future occurrence of the activity
would not represent a change in the operation of the facility. Facilities included within this
exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums,
amphitheaters, planetariums, swimming pools and amusement parks.
Class 24: Regulation Of Working Conditions. Class 24 consists of actions taken by regulatory
agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of
the following:
(a) Employee wages,
(b) Hours of work, or
(c) Working conditions where there will be no demonstrable physical changes outside the place
of work.
Class 25: Transfers Of Ownership Of Interests In Land To Preserve Existing Natural Conditions and
Historical Resources. Class 25 consists of the transfers of ownership of interests in land in order to
preserve open space, habitat, or historical resources. Examples include but are not limited to:
(a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions,
including plant or animal habitats.
(b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas.
(c) Acquisition,sale,or other transfer to allow restoration of natural conditions,including plant
or animal habitats.
(d) Acquisition,sale,or other transfer to prevent encroachment of development into flood plains.
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(e) Acquisition, sale, or other transfer to preserve historical resources.
Class 26: Acquisition Of Housing For Housing Assistance Programs. Class 26 consists of actions
by a redevelopment agency, housing authority, or other public agency to implement an adopted
Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either
in existence or possessing all required permits for construction when the agency makes its final
decision to acquire the units.
Class 27: Leasing New Facilities. Class 27 consists of the leasing of a newly constructed or
previously unoccupied privately owned facility by a local or state agency where the local governing
authority determined that the building was exempt from CEQA. To be exempt under this section,
the proposed use of the facility:
(a) Shall be in conformance with existing state plans and policies and with general,community,
and specific plans for which an EIR or Negative Declaration has been prepared,
(b) Shall be substantially the same as that originally proposed at the time the building permit was
issued,
(c) Shall not result in a traffic increase of greater than 10% of front access road capacity, and
(d) Shall include the provision of adequate employee and visitor parking facilities.
Examples of projects within Class 27 include but are not limited to:
(1) Leasing of administrative offices in newly constructed office space.
(2) Leasing of client service offices in newly constructed retail space.
(3) Leasing of administrative and/or client service offices in newly constructed
industrial parks.
Class 28: Small Hydroelectric Proi ects At Existing Facilities. Class 28 consists of the installation of
hydroelectric generating facilities in connection with existing dams, canals, and pipelines where:
(a) The capacity of the generating facilities is 5 megawatts or less.
(b) Operation of the generating facilities will not change the flow regime in the affected stream,
canal, or pipeline including but not limited to:
(1) Rate and volume of flow,
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(2) Temperature,
(3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life,
and
(4) Timing of release.
(c) New power lines to connect the generating facilities to existing power lines will not exceed
one mile in length if located on a new right of way and will not be located adjacent to a wild
or scenic river.
(d) Repair or reconstruction of the diversion structure will not raise the normal maximum
surface elevation of the impoundment.
(e) There will be no significant upstream or downstream passage of fish affected by the project.
(f) The discharge from the power house will not be located more than 300 feet from the toe of
the diversion structure.
(g) The project will not cause violations of applicable state or federal water quality standards.
(h) The project will not entail any construction on or alteration of a site included in or eligible
for inclusion in the National Register of Historic Places, and
(i) Construction will not occur in the vicinity of any endangered, rare or threatened species.
Class 29: Cogeneration Projects At Existing Facilities. Class 29 consists of the installation of
cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the
conditions described in this section.
(a) At existing industrial facilities, the installation of cogeneration facilities will be exempt
where it will:
(1) Result in no net increases in air emissions from the industrial facility, or will
produce emissions lower than the amount that would require review under the new
source review rules applicable in the county, and
(2) Comply with all applicable state, federal, and local air quality laws.
(b) At commercial and institutional facilities, the installation of cogeneration facilities will be
exempt if the installation will:
(1) Meet all the criteria described in subsection(a),
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(2) Result in no noticeable increase in noise to nearby residential structures, and
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(3) Be contiguous to other commercial or institutional structures.
Class 30: Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or
Threat of Release of Hazardous Waste or Hazardous Substances. Class 30 consists of any minor
cleanup actions taken to prevent, minimize, stabilize,mitigate, or eliminate the release or threat of
release of a hazardous waste or substance which are small or medium removal actions costing$ 1
million or less. No cleanup action shall be sub j ect to this Class 31 exemption if the action requires
the onsite use of a hazardous waste incinerator or thermal treatment unit,with the exception of low
temperature thermal desorption,or the relocation of residences or businesses,or the action involves
the potential release into the air of volatile organic compounds as defined in Health and Safety Code
section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which
have been permitted by the local Air Pollution Control District or Air Quality Management District.
All actions must be consistent with applicable state and local environmental permitting requirements
including, but not limited to, air quality rules such as those governing volatile organic compounds
and water quality standards, and approved by the regulatory body with jurisdiction over the site.
Examples of such minor cleanup actions include but are not limited to:
(a) Removal of sealed,non-leaking drums or barrels of hazardous waste or substances that have
been stabilized, containerized and are designated for a lawfully permitted destination;
(b) Maintenance or stabilization of berms, dikes, or surface impoundments;
(c) Construction or maintenance of interim or temporary surface caps;
(d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22
requirements and local air district requirements;
(e) Excavation and/or offsite disposal of contaminated soils or sludges in regulated units;
(f) Application of dust suppressants or dust binders to surface soils;
(g) Controls for surface water run-on and run-off that meets seismic safety standards;
(h) Pumping of leaking ponds into an enclosed container;
(i) Construction of interim or emergency ground water treatment systems;
(j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal
requirements for protection of wildlife.
Class 31: Historical Resource Restoration/Rehabilitation. Class 31 consists of projects limited to
maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or
reconstruction of historical resources in a manner consistent with the Secretary of the Interior's
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Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
Class 32: In-Fill Development Pr oi ects. Class 32 consists of projects characterized as in-fill
development meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
(c) The project site has no value as a habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic,noise,air
quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
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APPENDIX F
LIST OF STATUTORY EXEMPTIONS
The following is a partial list of statutory exemptions which are available pursuant to the
Public Resources Code§ 21080 et seg, State CEQA Guidelines Sections 15260 et seci., and other
provisions of state law, as listed below, which should be referred to whenever additional detail or
clarification is necessary. This list is not exclusive. This list is provided for convenience,therefore
if there is any conflict between this list and state law, the state law controls. A similar list may be
found in State CEQA Guidelines Section 15282.
1. Ministerial projects proposed to be carried out or approved by public agencies. Such proj ects
include,but are not limited to,final subdivision maps and individual service connections and
disconnections.
2. Emergency repairs to publicly or privately owned service facilities necessary to maintain
service essential to the public health, safety or welfare.
3. Projects undertaken,carried out,or approved by a public agency to maintain,repair,restore,
demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a
disaster stricken area in which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code. This includes projects that will remove,destroy,or significantly alter an
historical resource when that resource represents an imminent threat to the public of bodily
harm or of damage to ad j acent property or when the project has received a determination by
the State Office of Historic Preservation pursuant to Section 5028(b) of Public Resources
Code.
4. Specific actions necessary to prevent or mitigate an emergency. This does not include
long-term projects undertaken for the purpose of preventing or mitigating a situation that has
a low probability of occurrence in the short-term.
5. Projects undertaken, carried out, or approved by a public agency to maintain, repair, or
restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence,
gradual earth movement,or landslide,provided that the project is within the existing right of
way of that highway and is initiated within one year of the damage occurring. This
exemption does not apply to highways designated as official state scenic highways,nor any
project undertaken, carried out, or approved by a public agency to expand or widen a
highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.
6. Seismic work on highways and bridges pursuant to Section 180.2 of the Streets and
Highways Code, Section 180 et seq.
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7. Projects which a public agency rejects or disapproves.
8. The closing of any public school or the transfer of students from that public school to another
school in which kindergarten or any grades 1 through 12 is maintained as set forth in
21080.18 of the Public Resources Code.
9. A proj ect for the institution or increase of passenger or commuter services on rail or highway
rights-of-way already in use, including modernization of existing stations and parking
facilities.
10. A project for the institution or increase of passenger or commuter service on high-occupancy
vehicle lanes already in use, including the modernization of existing stations and parking
facilities.
11. Facility extensions not tO exceed four miles in length which are required for the transfer of
passengers from or to exclusive public mass transit guideway or busway public transit
services.
12. Projects undertaken by a local agency to implement a rule or regulation imposed by a state
agency, board, or commission under a certified regulatory program pursuant to Section
21080.5 of the Public Resources Code. Any site-specific effect of the project which was not
analyzed as a significant effect in the plan or other written documentation required by
Section 21080.5 is not exempt from the requirements of CEQA.
13. A project involving only feasibility or planning studies for possible future actions which the
agency, board, or commission, has not approved, adopted, or funded does not require the
preparation of an EIR or negative declaration but does require consideration of
environmental factors. This section does not apply to the adoption of a plan that will have a
legally binding effect on later activities.
14. The installation of new pipeline or maintenance,repair,restoration,removal,or demolition
of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code,as long
as the project does not exceed one mile in length.
15. CEQA does not apply to any project consisting of the inspection, maintenance, repair,
restoration,reconditioning,relocation,replacement, or removal of an existing hazardous or
volatile liquid pipeline or any valve, flange, meter, or other piece of equipment that is
directly attached to the pipeline. For more information on this exemption, see State CEQA
Guidelines Section 15284.
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16. Adoption by a city or county of an ordinance to implement the provisions of Sections
65852.1 or 65852.2 of the Government Code,regarding second units in residential zones,as
set forth in Section 21080.17 of the Public Resources Code.
17. The conversion of an existing rental mobilehome park to a resident-initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will not result in an
expansion of or change in existing use of the property as set forth in Section 21080.8 of the
Public Resources Code.
18. Local agencies are exempt from the requirement to prepare an EIR or negative declaration on
the adoption of timberland preserve zones under Government Code Sections 51100 et sec.
19. A time extension granted by the Office of Planning and Research for the preparation or
adoption of one or more elements to a general plan.
20. The establishment,modification, structuring,restructuring,or approval of rates,tolls,fares,
and other charges for the purpose of: (1) meeting operating expenses, including employee
wage rates and fringe benefits; (2)purchasing or leasing supplies, equipment, or materials;
(3)meeting financial reserve needs and requirements;(4)obtaining funds for capital projects,
necessary to maintain service within existing service areas;or(5)obtaining funds necessary
to maintain such intra-city transfers as are authorized by city charter. Rate increases to fund
capital projects for the expansion of a system remain subject to CEQA. The public agency
seeking use of this exemption shall incorporate written findings in the record of any
proceeding in which an exemption under this paragraph is claimed setting forth with
specificity the basis for the claim of exemption.
21. The excavation and disposal of Native American human remains pursuant to Section 5097.98
of the Public Resources Code.
22. The adoption of an ordinance exempting a city or county from the provisions of the Solar
Shade Control Act as set forth in Section 25985 of the Public Resources Code.
23. Approval by a local agency of a large family day care home pursuant to Section 1597.46 of
the Health& Safety Code.
24. Any project which only involves the repiping, redesign, or use of reclaimed water by a
nonresidential structure necessary to comply with a requirement issued by a public agency
pursuant to Section 13554(a) of the Water Code. This exemption shall not apply to any
proj ect to develop reclaimed water,to construct conveyance facilities for reclaimed water,or
any other project not specified in Section 13 5 54(a) of the Water Code.
25. A project involving the construction of housing or neighborhood commercial facilities in an
urbanized area that is covered by a specific plan prepared pursuant to Government Code
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Section 65450 et se .for which an EIR was prepared and certified,provided certain findings
are made pursuant to Public Resources Code Section 21080.7.
26. Any railroad grade separation project which eliminates an existing grade crossing or which
reconstructs an existing grade separation as set forth in Section 21080.13 of the Public
Resources Code.
27. A proposal to establish,revise or adopt regional housing needs for the share of housing needs
of persons or all income levels for a city or county by the Department of Housing and
Community Development,and any recommendation by a city or county for a revision to such
proposal pursuant to Government Code Section 65584.
28. Any actions necessary to bring a city general plan or one or more elements thereof into
compliance with any court order or judgment pursuant to Government Code Section 65759.
29. A temporary change in the point of diversion,place or use or purpose of the use of water due
to a transfer or change of water rights under certain limited circumstances specified in
California Water Code Section 1725 et sem.
30. The adoption or amendment of a nondisposal facility element pursuant to Section 41730 et
sem. of the Public Resources Code (Public Resources Code Section 71735).
31. The adoption or amendment of an Urban Water Management Plan pursuant to Section 10610
et seQ. of the California Water Code (Water Code Sections 10652 & 1085 1) or to the
adoption or amendment of a groundwater plan pursuant to Section 10750 et se . of the
California Water Code (Water Code Section 10851).
32. A project involving the construction,conversion or use of residential housing for agricultural
employees under certain circumstances pursuant to Public Resources Code Section 21080.10
and State CEQA Guidelines Section 15279.
33. A project involving the construction, conversion or use of 45 or more units of low income
residential housing provided all conditions of Public Resources Code Section 21080.14 and
State CEQA Guidelines Section 15280 are satisfied.
34. A project for restriping streets or highways to relieve traffic congestion as set forth in Section
21080.19 of the Public Resources Code.
35. The adoption of a local coastal program or a long range land use development plan pursuant
to Division 20 of the Public Resources Code.
36. Actions taken on or after July 1,1995 to implement budget reductions made by a publicly
owned transit agency as a result of a fiscal emergency caused by the failure of agency
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revenues to adequately fund agency programs and facilities. For more information on this
exemption, see State CEQA Guidelines Section 15285.
37. The notification of discovery of Native American burial sites as set forth in Section
5O97.98(c) of the Public Resources Code.
38. Specified prison facilities as set forth in Sections 21080.01, 21080.02, 21080.03 and
21080.07 of the Public Resources Code.
39. The lease or purchase of the rail right-of-way used for the San Francisco Peninsula commute
service between San Francisco and San Jose as set forth in Section 21080.05 of the Public
Resources Code.
40. Any activity or approval necessary for or incidental to project funding or authorization for the
expenditure of funds for the project, by the Rural Economic Development Infrastructure
Panel as set forth in Section 21080.08 of the Public Resources Code.
41. Settlements of title and boundary problems by the State Lands Commission and to exchanges
or leases in connection with those settlements as set forth in Section 21080.11 of the Public
Resources Code.
42. The activities and approvals by a local government necessary for the preparation of general
plan amendments pursuant to Public Resources Code Section 29763 as set forth in Section
21080.22 of the Public Resources Code. Section 29763 of the Public Resources Code refers
to local government amendments made for consistency with the Delta Protection
Commission's regional plan.
43. Minor alterations to utilities made for the purposes of complying with Sections 4026.7 and
4026.8 of the Health and Safety Code as set forth in Section 21080.26 of the Public
Resources Code.
44. The acquisition of land by the Department of Transportation if received or acquired within a
statewide or regional priority corridor designated pursuant to Section 65081.3 of the
Government Code as set forth in Section 33911 of the Public Resources Code.
45. Cooperative agreements for the development of Solid Waste Management Facilities on
Indian country as set forth in Section 442O3(g) of the Public Resources Code.
46. Industrial Development Authority activities as set forth in Section 91543 of the Government
Code.
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APPENDIX G
ENVIRONMENTAL INFORMATION AND CHECKLIST FORM
(to be completed by applicant)
Date Filed: Planning Case No.
GENERAL INFORMATION
1. Name and address of developer or project sponsor:
2. Address of project:
Assessor's Block and Lot Number
3. Name, address, and telephone number of person to be contacted concerning this project:
4. Indicate number of the permit application for the project to which this form pertains:
5. List and describe any other related permits and other public approvals required for this
project, including those required by city, regional, state and federal agencies:
6. Existing zoning district:
7. Proposed use of site (Project for which this form is filed):
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PROJECT DESCRIPTION
8. Site size:
9. Square footage:
10. Number of floors of construction:
11. Amount of off-street parking provided:
12. (Attach plans.)
13. Proposed scheduling:
14. Associated projects:
15. Anticipated incremental development:
16. If this is a residential project, include the number of units, schedule of unit sizes, range of
sale prices or rents, and household sizes expected:
17. If this is a commercial project, indicate the type of project, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading facilities:
18. If this is an industrial project, indicate the type of project, estimated employment per shift,
and loading facilities:
19. If this is an institutional project, indicate the major function, estimated employment per shift,
estimated occupancy, loading facilities, and community benefits to be derived from the project:
20. If the project involves a variance,conditional use permit,or rezoning application, state this and
indicate clearly why the application is required:
Are the following items applicable to the project or its effects? Discuss below all items checked yes
(attach additional sheets as necessary).
YES NO
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21. Change in existing features of any bays, tidelands, beaches or hills, or
substantial alteration of ground contours.
22. Change in scenic views or vistas from existing residential areas or public lands
or roads.
23. Change in pattern, scale or character of general area of project.
24. Significant amounts of solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in vicinity.
26. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
27. Substantial change in existing noise or vibration levels in the vicinity.
28. Site on filled land or on slope of 10 percent or more.
29. Use or disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
30. Substantial change in demand for municipal service (police, fire, water,
sewage, etc.).
31. Substantially increase fossil fuel consumption (electricity, oil, natural gas,
etc.).
32. Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING
33. On a separate page, describe the project site as it exists before the project, including
information on topography, soil stability,plants and animals, and any cultural,historical, or scenic
aspects. Describe any existing structures on the site, and the use of the structures. Attach
photographs of the site. Snapshots or polaroid photos will be accepted.
34. On a separate page,describe the surrounding properties,including information on plants and
animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential,
commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores,
etc.),and scale of development(height,frontage,set-back,rear yard,etc.). Attach photographs of the
vicinity. Snapshots or polaroid photos will be accepted.
NOTE:Before the Lead Agency can accept this application as complete,the applicant must consult
the lists prepared pursuant to Section 65962.5 of the Government Code and submit a signed
statement indicating whether the project and any alternatives are located on a site which is included
on any such list, and shall specify any list.
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HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this application are contained on
one or more of the lists of hazardous waste sites and facilities compiled pursuant to Section 65962.5
of the Government Code. Accordingly,the project applicant is required to submit a signed statement
which contains the following information:
1. Name of applicant:
2. Address:
3. Phone Number:
4. Address of Site (street name and number if available, and ZIP code):
5. Local Agency(city/county):
6. Assessor's book, page, and parcel number:
7. Specify any list pursuant to Section 65962.5 of the Government Code:
8. Regulatory identification number:
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9. Date of List:
Date
(Signature)
For
(Applicant)
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APPENDIX H
STATUS OF APPLICATION
APPLICATION NO. DATE REC'D.:
APPLICANT: REPRESENTATIVE:
ADDRESS: ADDRESS:
Location of Project:
Pursuant to state law the City's staff has completed a preliminary review of the application noted
above and finds that the information submitted is:
Sufficiently complete as of the date indicated below to allow the application to be
processed.
Please note that the City may require further information in order to clarify,amplify,
correct,or otherwise supplement the application. If the City requires such additional
information, it is strongly suggested that you supply that information promptly to
avoid any delay in the processing of the application.
Not complete. The application has been held in abeyance because certain
information is missing,you failed to comply with certain requirements,or both. The
information needed to complete the application is listed below,and must be supplied
before the application can be deemed complete. For further information please call
Additional Information/Requirements:
Staff Signature Date
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APPENDIX I
CITY OF RANCHO PALOS VERDES
PLANNING DEPARTMENT
INITIAL STUDY
QUESTIONNAIRE
APPLICATION NO:
NAME OF APPLICANT:
LOCATION OF PROJECT:
EXISTING GENERAL PLAN
LAND USE DESIGNATION:
EXISTING ZONING:
PROPOSED ZONING:
PRESENT LAND USE:
LOCATION MAP:
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I. APPLICABILITY OF THE INITIAL STUDY
A. Is the proposed action a"project"as defined by CEQA? (See Section I.of the City's
CEQA Guidelines. If more than one application is filed on the same site, consider
them together as one project).
Yes No
1. If the project qualifies for one of the Categorical Exemptions listed in
Appendix E of the City's CEQA Guidelines, is there a reasonable possibility
that the activity will have a significant effect due to special circumstances?
Yes No N/A
11. INITIAL STUDY REVIEW
A. Does the project require a 30-day State Clearinghouse review for any of the
following reasons? Yes No
1. The lead agency is a state agency.
2. There is a State "responsible agency" (any public agency which has discretionary
approval over the project).
3. There is a State "trustee agency" (California Department of Fish and Game, State
Department of Parks and Recreation, University of California, and State Lands
Commission).
4. The project is of Statewide or areawide significance including the following:
(A) A proposed local general plan, element, or amendment thereof for which an
EIR was prepared.
(B) A project which would interfere with the attainment or maintenance of State
or national air quality standards including:
(1) A proposed residential development of more than 500 dwelling units.
(2) A proposed shopping center or business establishment employing
more than 1,000 persons or encompassing more than 500,000
square feet of floor space.
(3) A proposed commercial office building employing more than 1,000
persons or encompassing more than 250,000 square feet of floor
space.
(4) A proposed hotel/motel development of more than 500 rooms.
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(5) A proposed industrial,manufacturing or processing plant,or industrial
park planned to house more than 1,000 persons occupying more
than 40 acres of land, or encompassing more than 650,000 square
feet of floor area.
(C) A project which would substantially affect sensitive wildlife habitats including
but not limited to riparian for rare and endangered species as defined by Fish
and Game Code Section 903.
(D) A project which would interfere with attainment of regional water quality
standards as stated in the approved areawide waste water management
plan.
Ill. PROJECT ASSESSMENT
A. Project Description:
B. Description of the Project Site: (Describe the project site as it exists at the present
time, including information on topography, and any cultural, historical or scenic
aspects. Describe any existing structures on the site, and use of the structures.)
C. Surrounding Land Uses:
North:
East:
South:
West:
D. Is the proposed project consistent with: Yes No N/A
City of General Plan
Applicable Specific Plan
City of Zoning Ordinance
South Coast Air Quality Management Plan
Congestion Management Plan
Regional Comprehensive Plan
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E. Have any of the following studies been submitted?
Geology Report Historical Report
Hydrology Report Archaeological Report
Soils Report Paleontological Study
Traffic Study Line of Sight Exhibits
Noise Study Visual Analysis
Biological Study Slope Map
Native Vegetation Fiscal Impact Analysis
Preservation Plan Air Quality Report
Solid Waste Generation Report Hazardous Materials/Waste
Public Services/
Infrastructure Report
IV. DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated"impact on the environment, but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards,and 2) has been addressed by
mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to
be addressed.
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I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated
pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures
that are imposed upon the proposed project, nothing further is required.
This initial study was prepared by:
Date:
[Name and Title]
[Signature]
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V. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process,
one or more effects have been adequately analyzed in an earlier EIR or (Mitigated) Negative
Declaration. In this case a discussion should identify the following:
A. Earlier Analyses Used.
Identify earlier analyses and state where they are available for review.
B. Impacts Adequately Addressed.
Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
C. Mitigation Measures.
For effects that are"Less than Significant with Mitigation Incorporated,"describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to
which they address site-specific conditions for the project.
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except"No Impact"answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question. A"No Impact"answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is
based on project-specific factors as well as general standards(e.g.,the project will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-
site, cumulative as well as project-level, indirect as well as direct, and construction as well as
operational impacts.
3) Once the Lead Agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one or
more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact"to a"Less Than Significant Impact." The Lead Agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
See State CEQA Guidelines Section 15063(c)(3)(D). In this case, a brief discussion should
identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
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C) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated,"describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-specific
conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should,where appropriate, include a reference to the
page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however,
lead agencies should normally address the questions from this checklist that are relevant to a
project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any,to reduce the impact to less than significance.
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
Issues:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
I. AESTHETICS --Would the project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees,
rock outcroppings, and historic buildings
within a state scenic highway?
C) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light
or glare which would adversely affect day
or nighttime views in the area?
II. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources
are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
Assessment Model (1997) prepared by the
California Dept. of Conservation as an
optional model to use in assessing
Impacts on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural
use?
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
C) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use?
III. AIR QUALITY--Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied
upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an
existing or projected air quality
violation?
C) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard (including releasing
990607 99903-00001 pko 1690205(1)
Resolution No. 2002-81, Exhibit A
Appendix I, Page 11 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting
a substantial number of people?
990607 99903-00001 pko 1690205(1) 1-12
Resolution No. 2002-81, Exhibit A
Appendix I, Page 12 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
IV. BIOLOGICAL RESOURCES --Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in
local or regional plans, policies, or
regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
C) Have a substantial adverse effect on
federally protected wetlands as defined
by Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
990607 99903-00001 pko 1690205(1) 1-13
Resolution No. 2002-81, Exhibit A
Appendix I, Page 13 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
resident or migratory wildlife corridors,
or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
990607 99903-00001 pko 1690205(1) 1-14
Resolution No. 2002-81, Exhibit A
Appendix I, Page 14 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
V. CULTURAL RESOURCES --Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as
defined in §15064.5 of the State CEQA Guidelines?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5 of the State CEQA Guidelines?
C) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
VI. GEOLOGY AND SOILS --Would the project:
a) Expose people or structures to potential
substantial adverse effects, including
the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
990607 99903-00001 pko 1690205(1) 1-15
Resolution No. 2002-81, Exhibit A
Appendix I, Page 15 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
State Geologist for the area or based
on other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or
the loss of topsoil?
C) Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project,
and potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined
in Table 18-1B of the Uniform Building Code
(1994), creating substantial risks to life
or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
990607 99903-00001 pko 1690205(1) 1-16
Resolution No. 2002-81, Exhibit A
Appendix I, Page 16 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
where sewers are not available for the
disposal of waste water?
VII. HAZARDS AND HAZARDOUS MATERIALS --Would the
project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
990607 99903-00001 pko 1690205(1) 1-17
Resolution No. 2002-81, Exhibit A
Appendix I, Page 17 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
C) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one quarter
mile of an existing or proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create
a significant hazard to the public or the
environment?
e) For a protect located within an airport
land use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for
people residing or working in the project
area?
f) For a project within the vicinity of a
private airstrip, would the project result in
a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
990607 99903-00001 pko 1690205(1) 1-18
Resolution No. 2002-81, Exhibit A
Appendix I, Page 18 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
h) Expose people or structures to a significant
risk of loss, injury or death involving
wildland fires, including where wildlands
are adjacent to urbanized areas or where
residences are intermixed with wildlands?
VIII. HYDROLOGY AND WATER QUALITY--Would the project:
a) Violate any water quality standards or
waste discharge requirements?
b) Substantially deplete groundwater supplies
or interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of
the local groundwater able level (e.g., the
production rate of preexisting nearby wells
would drop to a level which would not support
existing land uses or planned uses for which
permits have been granted)?
C) Substantially alter the existing drainage
pattern of the site or areas including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on-or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including through
990607 99903-00001 pko 1690205(1) 1-19
Resolution No. 2002-81, Exhibit A
Appendix I, Page 19 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
quality?
g) Place housing within a 100-year flood
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate map
or other flood hazard delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect
flood flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure
of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
990607 99903-00001 pko 1690205(1) 1-20
Resolution No. 2002-81, Exhibit A
Appendix I, Page 20 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
IX. LAND USE AND PLANNING --Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including,
but not limited to the general plan,
specific plan, local coastal program, or
zoning ordinance) adopted for the purpose
of avoiding or mitigating an environmental
effect?
C) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
X. MINERAL RESOURCES --Would the project:
a) Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of the state?
b) Result in the loss of availability of a
locally-important mineral resource recovery
site delineated on a local general plan,
specific plan or other land use plan?
X1. NOISE --Would the project result in:
990607 99903-00001 pko 1690205(1) 1-2
Resolution No. 2002-81, Exhibit A
Appendix I, Page 21 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan
or noise ordinance, or applicable standards
of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or groundborne
noise levels?
C) A substantial permanent increase in ambient
noise levels in the project vicinity above
levels existing without the project?
d) A substantial temporary or periodic increase
in ambient noise levels in the project
vicinity above levels existing without the
project?
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project expose people residing
or working in the project area to excessive
noise levels?
f) For a project within the vicinity of a
private airstrip, would the project expose
990607 99903-00001 pko 1690205(1) 1-22
Resolution No. 2002-81, Exhibit A
Appendix I, Page 22 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
people residing or working in the project
area to excessive noise levels?
XII. POPULATION AND HOUSING --Would the project:
a) Induce substantial population growth in an
area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
C) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
XIII. PUBLIC SERVICES
a) Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios, response
times or other performance objectives for any
of the public services:
990607 99903-00001 pko 1690205(1) 1-23
Resolution No. 2002-81, Exhibit.A
Appendix I, Page 23 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
XIV. RECREATION --
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
XV. TRANSPORTATION/TRAFFIC --Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing
traffic load and capacity of the street
system (i.e., result in a substantial
increase in either the number of vehicle
trips, the volume to capacity ratio
990607 99903-00001 pko 1690205(1) 1-24
Resolution No. 2002-81, Exhibit A
Appendix I, Page 24 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
on roads, or congestion at intersections)?
b) Exceed either individually or cumulatively,
a level of service standard establish by
the county congestion management agency for
designated roads or highways?
C) Result in a change in air traffic patterns,
including either an increase in traffic
levels or a change in location that results
in substantial safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,
farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
XVI. UTILITIES AND SERVICE SYSTEMS --Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Control Board?
990607 99903-00001 pko 1690205(1) 1-25
Resolution No. 2002-81, Exhibit A
Appendix I, Page 25 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
C) Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of
which could cause significant environmental
effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity
to serve the project's projected demand in
addition to the provider's existing commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the project's
solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid
990607 99903-00001 pko 1690205(1) 1-26
Resolution No. 2002-81, Exhibit A
Appendix I, Page 26 of 27
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE --
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a
fish or wildlife species, cause a fish or
wildlife population to drop below
self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
C) Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
990607 99903-00001 pko 1690205(1) 1-27
Resolution No. 2002-81, Exhibit A
Appendix I, Page 27 of 27
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APPENDIX K
NOTICE OF EXEMPTION
TO: County Clerk
County of Los Angeles
Project Title
Project Location-Specific
Project Location-City Project Location-County
Description of Nature, Purpose, and Beneficiaries of Project
Name of Public Agency Approving Project
Name of Person or Agency Carrying Out Project
The project is exempt from CEQA under the following authority: (Check One)
Ministerial (14 Cal. Code of Regs. §15268)
Declared Emergency(14 Cal. Code of Regs. §15269(a))
Emergency Project(14 Cal. Code of Regs. §15269(b), (c), (d) &(e)). State subsection
letter:
Statutory Exemption. (14 Cal. Code of Regs. §§ 15260 et se .) State statutory number:
Categorical Exemption. (14 Cal.Code of Regs. §§15300 et M.) State class and section
number:
No possibility of physical impact. (14 Cal. Code of Regs. §15061(b)(3))
K-1
Resolution No. 2002-81, Exhibit A
Appendix K, Page 1 of 2
Reasons why project is exempt:
Contact Person Area Code Telephone Extension
Date Received for Filing:
Signature
Title
K-2
Resolution No. 2002-81, Exhibit A
Appendix K, Page 2 of 2
APPENDIX L
CITY OF RANCHO PALOS VERDES
(MITIGATED)NEGATIVE DECLARATION
CASE NUMBER:
APPLICANT:
ADDRESS:
PROJECT DESCRIPTION:
PROJECT LOCATION:
On the basis of the Initial Study prepared for the project, it has been determined that the project
would not have a potential for a significant effect on the environment; or the project has been
modified to incorporate the mitigation measures listed below so that it would not have a potentially
significant effect on the environment. A copy of said Initial Study is attached. Other materials
which constitute the basis upon which the decision to adopt this(Mitigated)Negative Declaration is
to be based is available for review at the Department,
-31 , CA
This document constitutes a(Mitigated)Negative Declaration.
(Insert mitigation measures here.)
1. SEE ATTACHED SHEET
RESPONSIBLE AGENCIES: (any public agency which has discretionary approval power over the
project).
TRUSTEE AGENCIES: (could include California Department of Fish and Game, State Lands
Commission, State Department of Parks and Recreation, and University of California).
Notice Pursuant To Section 21092.5 Of the Public Resources Code:
A Public Hearing will be held in the Council
Chambers, , ,California,on (DATE) at p.m.
to consider this project. At that time,any interested person is welcome to attend and be heard on this
matter.
L-1 Resolution No. 2002-81, Exhibit A
Appendix L, Page 1 of 2
Prior to the Public Hearing, the public is invited to submit written comments on this
(Mitigated)Negative Declaration to the Planning Department, attention:
, ,CA or phone . Please refer to
the Case Number listed above.
Date: Director of Planning
L-2 Resolution No. 2002-81, Exhibit A
Appendix L, Page 2 of 2
APPENDIX M
NOTICE OF INTENT TO ADOPT
NEGATIVE DECLARATION
The City of Rancho Palos Verdes hereby gives notice that pursuant to the authority and criteria
contained in the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the
Staff or the Director of Planning) has analyzed the request for
(project title and permit number)proposed to be located at
(address).
The proposal(briefly describe the project)
After reviewing the Initial Study and any applicable mitigating measures for the project, the
(e. ., Staff or the Director of Planning)has determined that this project will not have a
significant effect on the environment. Accordingly, a NEGATIVE DECLARATION has been
prepared.
A public hearing will be held by the (Planning Commission or City Council) to consider this
proposed NEGATIVE DECLARATION on date , at time
at (location) .
Public comments on the negative declaration will be received by the City beginning on ,
19 through , 19
Copies of all relevant material,including the project specifications and all documents referenced in
the negative declaration, are available for public inspection at:
The project site is is not listed on any list of hazardous waste sites prepared pursuant to
Government Code Section 65962.5. Any information contained in a Hazardous Waste Substances
Statement is attached to this Notice.
Date: By:
(Title)
M-1
Resolution No. 2002-81, Exhibit A
Appendix M, Page 1 of 1
APPENDIX N
NOTICE OF PREPARATION
TO: FROM:
(Responsible Agency) (Lead Agency)
(Address) (Address)
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
will be the Lead Agency and will prepare an
environmental impact report for the project identified below. We need to know the views of your
agency as to the scope and content of the environmental information which is germane to your
agency's statutory responsibilities in connection with the proposed project. Your agency will need to
use the EIR prepared by our agency when considering your permit or other approval for the project.
The project description, location, and the probable environmental effects are contained in the
attached materials.
A copy of the Initial Study is, is not, attached.
The project site is, is not,on a list of hazardous waste sites compiled pursuant to Government
Code Section 65962.5. (Any list including the project site is identified in the attached materials)
Due to the time limits mandated by State law,your response must be sent at the earliest possible date
but not later than thirty-(30) days after receipt of this notice.
Please send your response to at the address shown above. Please indicate
the name of a contact person in your agency.
PROJECT TITLE:
PROJECT APPLICANT, IF ANY:
DATE Signature
Title
Telephone
N-1
Resolution No. 2002-81, Exhibit A
Appendix N, Page 1 of 1
APPENDIX O
NOTICE OF COMPLETION
To: Office of Planning and Research
State of California
1400 Tenth Street
Sacramento, California 95814
Project Title
Project Location- Specific
Project Location- City Project Location- County
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency Division
Address Where Copy of EIR is Available
Review Period
Contact Person Area Code Phone Extension
O-1
Resolution No. 2002-81, Exhibit A
Appendix O, Page 1 of 5
See NOTE below
SCH#
Notice of Completion Form A
Mail to: State Clearinghouse, 1400 Tenth Street,Sacramento,CA 95814 916/445-0613
Project Title:
Lead Agency: Contact Person:
Street Address: Phone:
City: Zip: County:
Project Location
County: City/Nearest Community:
Cross Streets: Zip Code: Total Acres:
Assessor's Parcel No. Section: Twp. Range: Base:_
Within 2 Miles: State Hwy#: Waterways:
Airports: Railways: Schools:
Document Type
CEQA: _ NOP _ Supplement/Subsequent NEPA: _ NOI Other: _ Joint Document
_ Early Cons _ EIR(Prior SCH No.) _ EA _ Final Document
_ Neg Dec _ Other _ Draft EIS _ Other
_ Draft EIR _ FONSI
Local Action Type
_ General Plan Update _ Specific Plan _ Rezone _ Annexation
_ General Plan Amendment _ Master Plan _ Prezone _ Redevelopment
_ General Plan Element _ Planned Unit Development _ Use Permit _ Coastal Permit
_ Community Plan _ Site Plan _ Land Division _ Other
Subdivision Parcel
Map,Tract Map,etc.)
Development type
_ Residential: Units Acres _ Water Facilities: Type MIDI
_ Office: Sq.ft. Acres Employees _ Transportation: Type
_ Commercial: Sq.ft. Acres Employees _ Mining: Mineral-
- Industrial: Sq.ft. Acres Employees _ Power: Type Watts
_ Education _ Waste Treatment: Type
_ Recreational _ Hazardous Waste: Type
Other:
Project Issues Discussed In Document
_ AestheticNisual_ Flood Plain/Flooding _ Schools/Universities _ Water Quality
_ Agricultural Land _ Forest Land/Fire Hazard _ Septic Systems _ Water Supply/Groundwater
_ Air Quality _ Geologic/Seismic _ Sewer Capacity _ Wetland/Riparian
U-Z Resolution No. 2002-81, Exhibit A
Appendix O, Page 2 of 5
_ Archeological/Historical _ Minerals _ Soil Erosion/Compaction/ _ Wildlife
Grading
_ Coastal Zone _ Noise _ Solid Waste _ Growth Inducing
_ Drainage/Absorption _ Population/Housing Balance _ Toxic/Hazardous _ Land Use
_ Economic/Jobs _ Public Services/Facilities _ Traffic/Circulation _ Cumulative Effects
_ Fiscal _ Recreation/Parks_ Vegetation _ Other_
Present Land Use/Zoning/General Plan Use
Project Description
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project(e.g.from a Notice of Preparation
or previous draft document)please fill it in.
Resolution No. 2002-81, Exhibit A
O-3 Appendix O, Page 3 of 5
KEY
S=Document sent by lead agency
X=Document sent by SCH
»=Suggested distribution
REVIEWING AGENCIES
Resources Agency Environmental Affairs
Boating&Waterways Air Resources Board
Coastal Commission APCD/AQMD
Coastal Conservancy California Waste Management Board
Colorado River Board SWRCB: Clean Water Grants
Conservation SWRCB: Delta Unit
Fish&Game SWRCB: Water Quality
Forestry SWRCB: Water Rights
Office of Historic Preservation Regional WQCB# ( )
Parks&Recreation Youth&Adult Corrections
Reclamation Corrections
S.F.Bay Conservation&Development Commission Independent Commissions&Offices
Water Resources(DWR) Energy Commission
usiness,Transportation&Housing Native American Heritage Commission
Aeronautics Public Utilities Commission
California Highway Patrol Santa Monica Mountains Conservancy
CALTRANS District# State Lands Commission
Department of Transportation Planning(headquarters) Tahoe Regional Planning Agency
Housing&Community Development Other
Food&Agriculture
Health&Welfare
Health Services
State&Consumer Services
General Services
OLA(Schools)
Public Review Period(to be filled in by lead agency)
Stating Date: Ending Date:
Signature: Date:
Lead Agency(Complete if applicable): For SCH Use Only:
0-3 Resolution No. 2002-81, Exhibit A
Appendix O, Page 4 of 5
Consulting Firm: Date Received at SCH:
Address: Date Review Starts:
City/State/Zip: Date to Agencies:
Contact: Date to SCH:
Phone: ( ) Clearance Date: Notes:
Applicant:
Address:
City/State/Zip:
Phone: ( )
Resolution No. 2002-81, Exhibit A
O-4 Appendix O, Page 5 of 5
APPENDIX P
NOTICE OF AVAILABILITY
ENVIRONMENTAL IMPACT REPORT
The City of hereby gives notice that pursuant to the authority and criteria contained in
the California Environmental Quality Act ("CEQA") and the CEQA Guidelines of the City of
(�e&, Staff or the Director of Planning)has analyzed the request for
(project title and permit number)proposed to be located at
(address).
The proposal (briefly describe project and location)
After reviewing the Initial Study and any applicable mitigating measures for the project,
(�q.& Staff or the Director of Planning) has determined that this project
may have a significant effect on the environment. The following significant impacts are anticipated
as a result of this project (list anticipated impacts) Accordingly, an environmental
impact report has been drafted.
A public hearing will be held by the (hearing body) to consider this
proposed environmental impact report on (date) , at
(time) , at (location) . A public hearing will be held by the (hearing
body) to consider the proposed project on (date)-, at time , at (location)
Public comments will be received by the City prior to final approval of the environmental impact
report and action on the project, beginning , 19 , through
.519
Copies of all relevant material, including the project specifications, initial study, and the
environmental impact report, and all documents referenced in the environmental impact report, are
available for review in the offices of
The project site is is not listed on any list of hazardous waste sites prepared pursuant to
Government Code Section 65962.5. Any information contained in a Hazardous Waste Substances
Statement is attached to this Notice.
Date: By:
P-1
Resolution No. 2002-81 , Exhibit A
Appendix P, Page 1 of 1
APPENDIX Q
NOTICE OF DETERMINATION
TO: _ Office of Planning and Research FROM:
State of California
1400 Tenth Street
Sacramento, California 90815
County Clerk
County of Los Angeles
SUBJECT: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code.
Project Title (Common name where possible)
State Clearinghouse Number(If submitted to State Clearinghouse)
Contact Person Telephone Number
Project Location
Project Description
This is to advise that the has approved the above described project on
(Lead Agency) (date)andhas
made the following determinations regarding this project:
1. The project — will have a significant effect on the
will not environment.
2. Mitigation were made a condition of approval of the
measures _ were not proj ect.
[IF MITIGATION MEASURES WERE IMPOSED,THEN STATE:The mitigation measures are as follows:(LIST
SUCH MEASURES HERE).
3. A Negative Declaration was prepared for this proj ect pursuant to the provisions of CEQA. A copy of the
Negative Declaration and record of project approval may be examined at
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Resolution No. 2002-81, Exhibit A
Appendix Q, Page 1 of 2
An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA,and
was reviewed and considered by the decision-making body prior to its decision on the project. The
Environmental Impact Report and record of project approval is available to the public at
The City found that the environmental effects of the project could be mitigated by modifications to the
project which are within the responsibility and jurisdiction of another public agency.
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
A Statement of Overriding Considerations _ was _ was not
adopted for this project
This document is being filed in duplicate. Please acknowledge the filing date and return acknowledged
copy in the enclosed, stamped, self-addressed envelope.
Date Received for Filing
Signature Title
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Resolution No. 2002-81, Exhibit A
Appendix Q, Page 2 of 2
APPENDIX R
HISTORICAL AND ARCHAEOLOGICAL RESOURCES
A. Historical Resources. For purposes of this Appendix,the term"historical resources"
shall include the following:
(1) A resource listed in, or determined to be eligible by the State Historical
Resources Commission,for listing in the California Register of Historical Resources
(Pub. Res. Code §5024.1, Title 14 CCR, Section 4850 et seq.).
(2) A resource included in a local register of historical resources, as defined in
Section 5020.1(k) of the Public Resources Code or identified as significant in an
historical resource survey meeting the requirements Section 5024.1(g)of the Public
Resources Code,shall be presumed to be historically or culturally significant. Public
agencies must treat any such resource as significant unless the preponderance of
evidence demonstrates that it is not historically or culturally significant.
(3) Any object,building,structure,site,area,place,record,or manuscript which
the Lead Agency determines to be historically significant or significant in the
architectural, engineering, scientific, economic, agricultural, educational, social,
political, military, or cultural annals of California may be considered to be an
historical resource, provided the Lead Agency's determination is supported by
substantial evidence in light of the whole record. Generally, a resource shall be
considered by the Lead Agency to be"historically significant"if the resource meets
the criteria for listing on the California Register of Historical Resources (Pub. Res.
Code § 5024.1, Title 14 CCR, Section 4852) including the following:
(a) Is associated with events that have made a significant contribution to
the broad patterns of California's history and cultural heritage;
(b) Is associated with the lives of persons important in our past;
(c) Embodies the distinctive characteristics of a type,period, region, or
method of construction, or represents the work of an important creative
individual, or possesses high artistic values; or
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(d) Has yielded, or may be likely to yield, information important in
prehistory or history.
(4) The fact that a resource is not listed in,or determined to be eligible for listing
in the California Register of Historical Resources,not included in a local register of
historical resources(pursuant to Section 5020.1(k)of the Public Resources Code),or
identified in an historical resources survey(meeting the criteria in Section 5024.1(g)
of the Public Resources Code)does not preclude the Lead Agency from determining
that the resource maybe an historical resource as defined in Public Resources Code
Sections 5020.10) or 5024.1.
B. Significant Effect. A project with an effect that may cause a substantial adverse
change in the significance of an historical resource is a project that may have a significant
effect on the environment.
(1) "Substantial adverse change in the significance of an historical resource"
means physical demolition,destruction,relocation,or alteration of the resource or its
immediate surroundings such that the significance of an historical resource would be
materially impaired.
(2) The significance of an historical resource is materially impaired when a
project:
(a) Demolishes or materially alters in an adverse manner those physical
characteristics of an historical resource that convey its historical significance
and that justify its inclusion in, or eligibility for, inclusion in the California
Register of Historical Resources; or
(b) Demolishes or materially alters in an adverse manner those physical
characteristics that account for its inclusion in a local register of historical
resources pursuant to Section 5020.1(k)of the Public Resources Code or its
identification in an historical resources survey meeting the requirements of
Section 5024.1(g) of the Public Resources Code, unless the public agency
reviewing the effects of the project establishes by a preponderance of
evidence that the resource is not historically or culturally significant; or
(c) Demolishes or materially alters in an adverse manner those physical
characteristics of a historical resource that convey its historical significance
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and that justify its eligibility for inclusion in the California Register of
Historical Resources as determined by the Lead Agency for purposes of
CEQA.
(3) Generally, a project that follows the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving,Rehabilitating,Restoring,
and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and
Grimmer, shall be considered as mitigated to a level of less than a significant impact on the
historical resource.
(4) The Lead Agency shall identify potentially feasible measures to mitigate significant
adverse changes in the significance of an historical resource. The Lead Agency shall ensure
that any adopted measures to mitigate or avoid significant adverse changes are fully
enforceable through permit conditions, agreements, or other measures.
C. Archaeological Sites. CEQA applies to effects on archaeological sites. When a project will
impact an archaeological site,the Lead Agency shall first determine whether the site is an historical
resource, as defined in Section A of Appendix R.
(1) If the Lead Agency determines that the archaeological site is an historical resource,it
shall refer to the provisions of Section 21084.1 of the Public Resources Code, and Section
15064, Section 15126.4 of the State CEQA Guidelines and the limits contained in Section
21083.2 of the Public Resources Code do not apply.
(2) If an archaeological site does not meet the criteria defined in Section A,but does meet
the definition of a unique archeological resource in Section 21083.2 of the Public Resources
Code, the site shall be treated in accordance with the provisions of Section 21083.2. The
time and cost limitations described in Public Resources Code Section 21083.2 (c-f) do not
apply to surveys and site evaluation activities intended to determine whether the project
location contains unique archaeological resources.
(3) If an archaeological resource is neither a unique archaeological nor an historical
resource, the effects of the project on those resources shall not be considered a significant
effect on the environment. It shall be sufficient that both the resource and the effect on it are
noted in the Initial Study or EIR,if one is prepared to address impacts on other resources,but
they need not be considered further in the CEQA process.
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D. Native American Human Remains. When an initial study identifies the existence of,or the
probable likelihood, of Native American human remains within the project,the Lead Agency shall
work with the appropriate Native Americans as identified by the Native American Heritage
Commission as provided in Public Resources Code § 5097.98. The applicant may develop an
agreement for treating or disposing of, with appropriate dignity,the human remains and any items
associated with Native American burials with the appropriate Native Americans as identified by the
Native American Heritage Commission." Action implementing such an agreement is exempt from:
(1) The general prohibition on disinterring, disturbing, or removing human
remains from any location other than a dedicated cemetery(Health and Safety Code
Section 7050.5).
(2) The requirements of CEQA and the Coastal Act.
E. Accidental Discovery of Human Remains. In the event of the accidental discovery or
recognition of any human remains in any location other than a dedicated cemetery, the following
steps should be taken:
(1) There shall be no further excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human remains until:
(a) The coroner of the county in which the remains are discovered must
be contacted to determine that no investigation of the cause of death is
required, and
(b) If the coroner determines the remains to be Native American:
1. The coroner shall contact the Native American Heritage
Commission within 24 hours.
2. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descended from the
deceased native american.
3. The most likely descendent may make recommendations to
the landowner or the person responsible for the excavation work, for
means of treating or disposing of,with appropriate dignity,the human
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remains and any associated grave goods as provided in Public
Resources Code Section 5097.98, or
(2) Where the following conditions occur, the landowner or his authorized
representative shall rebury the Native American human remains and associated grave
goods with appropriate dignity on the property in a location not subject to further
subsurface disturbance.
(a) The Native American Heritage Commission is unable to identify a
most likely descendent or the most likely descendent failed to make a
recommendation within 24 hours after being notified by the commission.
(b) The descendant identified fails to make a recommendation; or
(c) The landowner or his authorized representative rejects the
recommendation of the descendant, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner.
F. Accidental Discovery of Historical or Archaeological Resource. If potential historical or
unique archaeological resources are accidentally discovered during construction,then these resources
shall receive an immediate evaluation of the find by a qualified archaeologist. If the find is
determined to be an historical or unique archaeological resource,a time allotment sufficient to allow
for implementation of avoidance measures or appropriate mitigation should be imposed on the
construction project. Work could continue on other parts of the building site while historical or
unique archaeological resource mitigation takes place.
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