CC RES 1993-056 RESOLUTION NO. 93-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES REPEALING RESOLUTION
NO. 90-63 AND ADOPTING PROCEDURES
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND THE GUIDELINES OF THE
SECRETARY FOR THE RESOURCES AGENCY
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 90-63, Resolution No. 93-8
and any other prior enactment of this Council adopting or
amending the City's Local CEQA Guidelines are hereby repealed.
Section 2 . In accordance with Public Resources Code
Section 21082, the City Council hereby adopts the procedures
attached hereto as "Exhibit All and incorporated herein by this
reference as the City's 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, and the
Guidelines of the Secretary for the Resources Agency, as amended.
PASSED, APPROVED and ADOPTED July 6, 1993 .
MA R
ATTEST:
ILA
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,
hereby certify that the above Resolution No. 93-56 was duly and
regularly passed and adopted by the said City Council at a
regular meeting thereof held on July 6 1993 .
CITY CLE , CITY OF RANCHO PALOS VERDES
930624 R6876-00001 lj 0691269 0
. CITY OF RANCHO PALOS VERDES
CEQA GUIDELINES
[Revised 1993]
TABLE OF CONTENTS
I. GENERAL . . . . . . . . . . . . 0 : . . . . . . . . 1
A. Use . . . . . . . . . . . . . . . . . . . . . . . 1
Be Definitions . . . . . . . . . . . . . . . . ._. . . 1
Co Exemptions . From CE QA . . . . . . . . . -. . . . 5
D. Application of CEOA to Discretionary Protects . . . 6
E. Submission of Data by Applicant . . . . . . . . . . 6
F. Fees . . . . . . . . . . . . . . . . . . . . . . . 7
II. THE PRELIMINARY REVIEW PROCESS . . . . . . . . . . . . . 9
A. Receipt of Application . . . . . . . . . . . . . . 9
Be Determination of Exemption . . . . . . . . . . . . 10
Co Initial Study . . . . . . . . . . . . . . . • . . 10
D. Determination of De Minimis Exemption . . . . . . 12
E. Determination Whether an EIR Is Required. . . . . . 15
III. THE. NEGATIVE DECLARATION PROCESS . . . . . . . . . . . . 15
A. Decision to Prepare a Negative Declaration . . . . 15
B. Contents . . . . . . . . 0 . . . . . . . . . . . . 15
C. Public Notice . . . . . . . . . . . . . . . . . . . 16
D. Public Review Period . . . . . . . . . . . . 49 . 17
E. Review by Other Public Agencies . . . . . . . . . . 17
F. Review of Projects of Statewide, Regional, or Area-
wide Significance . . . . . . . . . . . . . . . . 18
G. Final ApprovaljFinding . . 0 . . . . 0 . . . . . . 18
H. Appeal of Final Approval . . . 0 . . 0 . . . . . 18
I. Notice of Determination . . . . . . . . . . . . . . 19
J. Time Limit . . . . . . . . . . . . . . . . . . 19
K. Mitigation Monitoring . . . . . . . . . . . . . . . 19
IV. THE EIR PROCESS . . . . . . . . . . . . . . . 0 . . . . 19
A. Decision to Prepare an EIR . . . . . . . . . . . . 19
Be Preparation of the Draft EIR . . . . . . . . . . . 20
co Public Review of Draft EIR . . . . . . . . . . . . 27
D. Evaluation of Comments by Lead Agcy . . . . . . . 29
E. The Final EIR . . . . . . . . . . . . . . . . . . . 29
F. Decision Whether to Approve or Carry Out the
Project . . . . 0 . . . . . . . . . . . . . . . . 30
G. Findings . . . . . . . . . . 9 9 . . . . . . . . 31
H. Statement of Overriding Considerations . . . . . . 31
I 0 Appeal of Certification . . . . . . . . . . . 32
J. Notice of Determination . . . . . . . . . . . . . . 32
K. Mitigation Monitoring . . 41 . . . . . . . . . . . . 32
i
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L. Subsequent EIRs, Supplements and Addenda to EIRs 32
V. FILINGS REQUIRED BY CEQA . . . . . . . . . . . . . . . . 34
A. Notice of Preparation . . . . . . . . . . . . . . 0 34
Be Notice of Completion . . . . . . . . . . . . 35
C. Notice of Determination . & 0 . . . . . . . . . . 36
VI. MITIGATION MONITORING . . . . .. . . . . . , . . . . 38
A. Pegram to Insure Compliance . . . . . . 0 . . 0 0 38
Be Measures Requested by State and Federal Agencies 38
C. Troj ects of *Statewide, RecFiona l, or Areawide
Concern . . . . . . . . . . . . . . . . . . . 0 38
APPENDICES:
A. CEQA Process Flow Chart
Be Environmental Information and Checklist Form
Co List of Categorical Exemptions
D. Status of Application Form
E. Notice of Preparation
F. Notice of Completion and Public Notice Forms
G. Notice of Determination
H. Negative Declaration and Public Notice Forms
I-0 Examples of Significant Effects
J. Energy Conservation Measures
K. Projects of Statewide, Regional or Areawide
Significance
L. Archaeological Impacts
M. Notice of Exemption
N. Chart of Time Limits
O. List of Statutory Exemptions
P. Certificate of Fee Exemption
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I. GENERAL.
A. Use.
These Guidelines, effective , 1993 , 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 Sections 21000 et sea,
(110EQA11) ,, and the State CEQA Guidelines promulgated by
the Resources Agency, as amended, which are incorporated
herein by reference, and should be referred to whenever
additional detail or clarification is necessary.
Appendix A to these Guidelines contains a flowchart which
illustrates the procedures set forth in the state CEQA
Guidelines. If there is any conflict between that
Appendix and the text of these Guidelines or the state
Guidelines, the text controls.
B. Definitions.
(1) Chief Planning Official, "Chief Planning Official"
means the Director of Environmental Services or his or
her designee.
(2) Development Project. "Development project" means a
project undertaken by a private individual or entity for
any of the following purposes: on land, in or under
water, 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 recreational use; change in the
intensity of use of water, or of access thereto; con-
struction, 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, kelp harvesting, and timber
operations which are in accordance with a- timber har-
vesting plan. As used in this paragraph, "structure"
includes, but is not limited to, any building, road,
pipe, flume, conduit, siphon, aqueduct, telephone line,
and electrical power transmission and distribution line.
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"Development project" does not include approval of a
ministerial project.
(3) Discretionary Prolect. "Discretionary project"
means a project which requires the exercise .of judgment,
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. F
(4) Environmental Impact Rep "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, pursuant to
Sections IV.B and IV.E of these Guidelines.
(5) Initial Study. "Initial Study" means a preliminary
analysis prepared by a Lead Agency pursuant to Section
II.0 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 local agency
(i.e. , the City) , which has the principal responsibility
for carrying out or approving a project, and which shall
prepare the environmental documents for a project.
(8) 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 pro-
ject, and/or compensating for an impact by replacing or
providing substitute resources or environments.
(9) Negative Declaration. ''Negative Declaration" means
a written statement by a 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.
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(10) Planning Director. "Planning Director" means the
Director of Environmental. Services or his or her
designee.
(11) Proj ect, "Project" means the whole of an action
which has a potential for resulting in a physical change
in the environment, directly or ultimately, 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 adop-
tion 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.
"Project" does not include continuing administrative or
maintenance activities, emergency repairs to public
service facilities, general policy- and procedure-making
and feasibility or planning studies.
(12) Responsible Agency. "Responsible Agency" means a
public agency, other than a Lead Agency, which has
responsibility to carry out or approve a project.
(13) 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 a project.
A project shall be found to have a significant effect on
the environment if:
(a) The project has the potential to substantially
degrade the quality of the environment,
930630 1j A018B.SLH (0) - 3 - RESOL. NO. 93-56
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cx ,
substantially reduce the habitat of a fish or
wildlife species, cause a f ish 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 exam-
ples of the major periods of California
history or prehistory;
(b) The project has the potential to achieve
short-term environmental' goals to the dis-
advantage of long-term environmental goals;
(c) The project has possible environmental effects
which are individually limited but
cumulatively considerable. As used in this
section, "cumulatively considerable" means
that the incremental effects of an individual
project are considerable when viewed in con-
nection with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects; or
(d) The environmental effects of a project will
cause substantial adverse effects on human
beings, either directly or indirectly.
Examples of consequences which normally have a sig-
nificant effect on the environment are listed in Appendix
I.
(14) 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.
(15) Tr]astee 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. Exemptions From CEQA.
The following projects are exempt from the requirements
of CEQA and do not require the preparation of an Initial
Study, Negative Declaration, or EIR:
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(1) All Ministerial Projects. These are projects f or
which the City's discretionary approval is not required.
Such projects include, but are not limited to, final
subdivision maps and individual utility service
connections and disconnections.
(2) Categorical Exemptions. These are classes of
projects which have been -found by the Secretary for
Resources not to have a significant effect on environ-
ment. A list of these exemptions is set forth in
Appendix C of these Guidelines, (Note: a project located
on a site which is included on any lost compiled pursuant
to Section 65962,5 o f the Government Code is not exempt,
even if a categorical exemption would otherwise apply. )
(3) Certain Emergency Actions and Projects. These
include emergency projects carried out or approved by a
public agency to repair or replace property or facilities'
damaged or destroyed as a result of a disaster in which
A a state of emergency has been declared by the Governor.-
and
overnor,and emergency repairs to public service facilities to
maintain service, and specific actions necessary to
prevent or mitigate an emergency.
(4) Projects which the Lead Agency rejects or
disapproves.
(5) The establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares or
other charges by public agencies which the public agency
finds .are for the purpose of:
(a) Meeting operating expenses, including employee
wage rates and fringe benefits,
(b) Purchasing or leasing supplies, equipment or
materials,
(c) Meeting financial reserve needs and
requirements,
(d) Obtaining funds for capital projects, neces-
sary to maintain service within existing service
areas, or
(e) Obtaining funds necessary to maintain such
intra-city transfers as are authorized by city
charter.
(6) The closing of a public school containing kinder-
garten or any of grades one (1) through twelve (12) or
the transfer of students between public schools if the
930630 lj A018s.SLH (0) - 5 RESOL. NO. 93-56
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only physical changes involved are also exempt from the
requirements of CEQA.
(7) The restriping of streets or highways to relieve
traffic congestion.
(8) Projects less than one mile in length in any public
right-of-way to install, _ maintain, repair, replace,
restore, remove, relocate, recondition, or demolish a
pipeline. For the purposes of this section, "pipeline"
includes only subsurface facilities and does not include
any surface facility related to the subsurface facility.
(9) Statutory Exemptions. These are exempt-ions from
CEQA granted by the Legislature. A list of these
exemptions is set forth in Appendix O of these
Guidelines.
Do Application of CE _A to Discretionary Projects.
Except as provided in Sections I.C. II.B, 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 either individually or
cumulatively. See Part IV below.
E. Submission of Data by Applicant.
(1) A 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
compiled pursuant to section 65962.5 of the Government
Code, and to assist in the preparation of an Initial
Study, Negative Declaration, or EIR by the Lead Agency.
A completed "Environmental . Information and Checklist
Form, " shall be submitted by the applicant so that an
Initial Study may be prepared. A copy of this form is
included in these Guidelines as Appendix B.
(2) In addition, the applicant shall provide the Lead
Agency with a list of any additional public agencies
which will have discretionary authority over the project.
F. Fees.
(1) A fee covering all costs and expenses, including any
consultants' fees, incurred by the City in preparing an
Initial Study, Negative Declaration, or EIR, shall be
charged to the applicant.
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(2) No fee shall be collected when it is determined at
the initial examination that the proposed project does
not require the preparation of an Initial Study, a
Negative Declaration or an EIR, because the project is
exempt from the requirements of CEQA under Section I.C of
these Guidelines.
(3) The City shall charge a f ee not exceeding the actual
cost of reproduction to members of the public who request
copies of an Initial Study, 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, is required to initiate an appeal- from any
determination pursuant to these Guidelines to -the City
Council or Planning Commission.
(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,
or which are found by the Lead Agency to have a de
minimis effect on fish and wildlife, shall incur no
fee. If the Lead Agency determines that the
project would have a de minimis effect on fish and
wildlife pursuant to Section II.D of these
Guidelines, it shall also 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.
(b) Projects which are not exempt under the
preceding section shall incur a fee in the amount
established by Section 753.5(a) of Title 14 of the
California Code of Regulations. All projects for
which a Negative Declaration has been prepared
pursuant to Section 21080(c) of the Public
Resources Code and these Guidelines shall incur a
fee in the amount established by Section
753 .5(a) (4) of Title 14 of the California Code of
Regulations. All projects 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 established by Section 753.5 (a) (5) of Title
14 of the California Code of Regulations.
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(1) When the Lead Agency acts in its own
proprietary capacity in undertaking a project,
the Lead Agency shall be considered the
applicant and shall be responsible for payment
of the fee incurred hereunder.
(2) When the Lead Agency 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 required by
Section 753 .5 of Title 14 of the California
Code of Regulations, including any document
handling -fee that may be required, shall be
payable to the county.
(4) Only one fee shal l '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 may be required for the
same project. This copy shall suffice as
documentation that the fee has been paid.
II. THE PRELIMINARY REVIEW PROCESS.
A. Receipt of Application.
(1) No later than thirty (3 0) calendar days after a Lead
Agency has received an application for a development
project, staff shall determine in writing whether the
application is complete and shall immediately transmit
the determination to the applicant.' If the application
is .determined to be incomplete, the determination shall
indicate how it can be made complete. A copy of the
Status of Application form is provided as Appendix D to
these Guidelines.
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r (2) In addition to other considerations, an application
.may be determined to be —incomplete if any necessary
. environmental information or data "is omitted. If the
site of the project is included on a list compiled
pursuant to Section 65962 .5 of the Government Code, and
the list is not specified on the application, or the
statement regarding sites affected by hazardous waste and
substances required by _Section 65962 .5(f) of the
Government Code has not been provided, the Lead Agency
shall notify the applicant pursuant to Section 65943 of
the Government Code that the application is incomplete.
Further, subsequent to the determination that _ an
application is complete, an applicant may be required to
amplify, correct, or otherwise supplement the
application. A - form for notice of the Status of
Application is provided as Appendix D to these
Guidelines.
(3) Where the following occurs, the Lead Agency may deem
incomplete an application for a project and not received
for filing unti 1 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
requires the' Lead Agency to take action on an
application within a -specif ied period of six months
or less; and
(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 N illustrates the time limits discussed in these
Guidelines.
B. Determination of Exemption.
When an application is deemed complete, Staff shall first
determine whether the application involves a "development
project, " as that term is defined in Section I.B(2) of
these Guidelines. If so, Staff shall then determine if
the project is exempt from the requirements of CEQA under
Section I.0 of these Guidelines. If Staff determines a
project is exempt from the requirements of CEQA, a notice
of exemption may be filed with the County Clerk o f the
county or counties in which the project is located. Note
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that the County Clerk may charge a document handling fee
pursuant to Section 753:5 (g) of Title 14 of the
California Code of Regulations* A copy of the Notice of
Exemption form is provided as Appendix M to these
Guidelines.
C. Initial Study.
(1) General. If the project is subject to the require-
ments of CEQA, Staff shall conduct an Initial Study to
determine if the project may have a significant of fect on
the environment, unless Staff can' determine that the
project will clearly have a significant effect. 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 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 or Negative Declaration.
(b) Enable an applicant or lead agency to modify a
project, mitigating adverse impacts before an EIR
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, and
3. Explaining the reasons for determining
that potentially significant effects would not
be significant.
(d) Facilitate environmental assessment early in
the design of a project.
(e) Provide documentation of the f actual basis f or
the finding in a Negative Declaration that a
project will not have a significant effect on the
environment.
(f) Eliminate unnecessary EIR's.
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(g) Determine whether a previously prepared EIR
can be used for the project or whether a tiered EIR
focusing only on the aspects of the project which
were not adequately considered or mitigated in the
previously prepared EIR can be used for the
project.
(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 informally with all responsible agencies,
trustee agencies, and agencies having jurisdiction
by law over the project to obtain recommendations
as to whether an EIR or a 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 K to these Guidelines, the Lead Agency
shall also consult with the Transportation Planning
Group of the Southern California Association of
Governments (SCAG) and transportation agencies as
defined in Section I.B(14) of these Guidelines..
Any agency consulted under this subsection (c)
which provides information to the Lead Agency shall
be notified of, and provided copies ofi,
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 sig-
nificant environmental effects would occur. In
that case, a 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. I f, however, the
project would still result in one or more sig-
nificant effects on the environment after mitiga-
tion measures are added to the project, an EIR
shall be prepared. If mitigation measures
substantially change the project after public
notice of a proposed Negative Declaration has been
given pursuant to Section III.0 of these
Guidelines, the Lead Agency shall re-notice and
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recirculate the proposed Negative Declaration as
revised pursuant to -Sections III.C, III.D, III.E
and III.F of these Guidelines.
(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;
(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;
(f) The name of the person or persons who prepared
or participated in the Initial Study.
An Initial Study form appears in Appendix B to these
Guidelines.
D. Determination of De Minimis Exemption
If the Lead Agency finds that, considering the record as
a whole, a project involves no potential for adverse
effect, either individually or cumulatively, on wildlife
as def fined in Section 711.2 of the Fish and Game Code, no
fee is required to be paid to the Department of Fish and
Game.
(1) Presumption of Adverse Effect, The Lead Agency
must determine, on the basis of the Initial Study
and the checklist, which is provided at Appendix B
of these Guidelines, whether the proposed project
may or will result in changes to the following
resources:
(a) Riparian land, rivers, streams,
watercourses, and wetlands under state and
federal jurisdiction;
(b) Native and non-native plant life and the
soil required to sustain habitat for fish and
wildlife;
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(c) Rare and unique plant life and ecological
communities depe-ndent on plant life;
(d) Listed threatened and endangered plant
and animals 'and the habitat in which they are
believed to reside;
(e) All species. of plants or animals listed_
as protected or identified for special
management in the Fish and Game Code, the
Public Resources Code, the Water Code, or
regulations adopted thereunder;
(f) All marine and terrestria-1 species
subject to the jurisdiction of the Department
of Fish and Game and the ecological
communities in which they reside; and
(g) All air and water resources the
degradation of which will, individually or
cumulatively, result in loss of biological
diversity among the plants and animals
residing in that air and water.
If the proposed project may or will result. in
changes to the specified resources, a rebuttable
presumption arises that the de minimis exemption
does not apply. This presumption may be rebutted
if the Lead Agency determines, on the basis of
substantial evidence in -the record, that the
project will not have a potential for adverse
effect on fish and wildlife resources or the
habitat upon which the wildlife depends,
notwithstanding the changes to the resources listed
above which gave rise to the presumption.
(2) Rebuttal of. Presumption. To claim a de
minimis exemption the Lead Agency shall make
findings of fact which shall include the following
information:
(a) The name and address of the project
proponent;
(b) A brief description of the project and
its location, including county;
(c) A statement that an Initial Study has
been conducted by the Lead Agency so as to
evaluate the potential for adverse
environmental impact;
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(d) A declaration that, when considering the
record as a whole, there is no evidence before
the Lead Agency that the proposed project will
have potential for an adverse effect on
wildlife resources or the habitat upon which
the wildlife depends; and
(e) A declaration that the Lead Agency has,
on the basis of substantial evidence, rebutted
the presumption of adverse effect listed
above, and contained in Section 753 ,5 (d) of
Title 14 of the California Code of Regulations
or that no changes to the resources listed
above can be expected to occur-- and that
therefore, the presumption does not arise.
(3) Certification of Fee Exemption. The Lead
Agency, at the time it approves or determines to
carry out a project subject to CEQA, must complete,
if appropriate, a Certificate of Fee Exemption and
adopt the findings of fact set forth above at
II.D. (2) . The chief planning official must certify
the contents of the Certificate of Fee Exemption.
A form of Certificate of Fee Exemption appears at
Appendix P of these Guidelines.
Upon certification of the contents of the
Certificate of Fee Exemption by the chief planning
official, the Lead Agency shall retain the original
Certificate as part of the environmental record,
and submit two copies of the Certificate to the
county clerk at the time of filing its Notice of
Determination. ,
E. Determination Whether an EIR Is Required.
The determination whether an EIR is required or a
Negative Declaration should be prepared for the project
shall be made within thirty (30) days after an applica-
tion is accepted as complete. This period may be
extended up to 15 days upon consent of the applicant.
Appendix N illustrates the time limits discussed in these
Guidelines.
III. THE NEGATIVE DECLARATION PROCESS.
A. Decision to Prepare a Negative Declaration.
A proposed Negative Declaration shall be prepared for a
project subject to CEQA when either:
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_ (1) The Initial Study shows that there is no substantial
evidence that the project may have a significant effect
on the environment, or
(2) The Initial Study identified potentially significant
effects but:
(a) Revisions in the project plans or proposals
made by or agreed to by the applicant before the
proposed Negative Declaration is released for pub-
lic review would avoid the effects or mitigate the
effects to a point where cldarly 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.
Appendix I lists circumstances in which a project will
normally be considered to have a significant effect on
the environment. Section I.B(13) of these Guidelines
defines circumstances in which a project shall be found
to have significant environmental effects and in which an
EIR shall be prepared.
B. Contents.
A Negative Declaration shall be written and include:
(1) A brief description of the project ' as proposed,
including 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 signifi-
cant effect on the environment;
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(4) An attached copy of the .Initial Study documenting
reasons to support the finding;
(5) Mitigation measures,, if any, included in the project
to avoid potentially significant effects; and
(6) 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, The Lead Agency may do so by
completing the Hazardous Waste and Substances Statement
included in Appendix B to these Guidelines, and affixing
the statement to the Negative Declaration.
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A form for Negative Declarations appears in Appendix H to
these Guidelines.
C. Public Notice.
Notice that the Lead Agency proposes to adopt a Negative
Declaration shall be provided prior to its final approval
to all organizations and individuals who have previously.
requested such notice and shall also be given to the
public by at least one of the following procedures:
(1) Publication at least one time,' as required by Sec-
tion 6061 of the Government Code, in a newspaper of
general circulation in the area affected by the proposed
project; or
(2) Posting of notice on- and off-site in the area where
the project is to be located; or
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(3) Direct mailing to owners and occupants of property
contiguous to the project, as shown on the latest equal-
ized assessment roll.
Public Notice of the proposed 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 filed with the County Clerk of the county or
counties in which the project will be located at least
twenty-one (21) days before the Negative Declaration is
to be adopted or at least thirty (30) days if the
Negative Declaration is required to be submitted to the
State Clearinghouse, 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 project.
A public notice form appears in Appendix H to these
Guidelines.
D. Public Review Period.
The proposed Negative Declaration shall be made available
to the public for at least twenty-one (21) days from the
date that the 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. This public review period shall be at least
thirty (30) days where State Clearinghouse review is
involved, pursuant to subsection (F) below, unless a
shorter period is approved by the State Clearinghouse.
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E. Review by Other Public Agencies.
(1) The Lead Agency shall consult with all Responsible
Agencies, Trustee Agencies, and agencies having juris-
diction
by law over the project prior to approving the
Negative Declaration, and a copy of the public notice and
proposed Negative Declaration shall be sent to all such
agencies. Further, pursuant to Section 21092 ,5(b) of the
Public Resources Code, the. Lead Agency shall notify any
other Public Agency which comments on the Negative
Declaration within the comment periods spec.if ied by CEQA,
by providing a copy of the public notice and proposed
Negative Declaration to that agency.
(2) If a project involves the construction or alteration
of a facility within one-fourth (14-) of a 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 Decla-
ration; and
(b) Consult with that district regarding the
potential impact of the project on the school.
(3) For purposes of paragraph (2) above, the terms
"acutely hazardous material" and "hazardous air
emissions" shall have the meanings attributed to them by
Section 21151,8 (c) of the Public Resources Code.
F. Review of Projects of Statewide, Regional, or Areawide
Significance.
(1) If a project is determined to be of statewide,
regional or areawide significance, pursuant to the
criteria in Appendix K of these Guidelines, the Negative
Declaration shall be submitted to the State
Clearinghouse, the Transportation Planning Group of SCAG
and transportation agencies as def ined in Section I.B(14)
of these Guidelines. Negative. Declarations for such pro-
jects should be submitted to the Southern California
Association of 'Governments (SCAG) for review and comment.
F�
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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 Negative Declaration shall be
submitted to the State Clearinghouse for distribution to
those agencies.
G. Final ApprovallFinding.
Prior to approving the project, the decision-making body
shall independently review and analyze the Negative
Declaration and any comments received during the public
review period and approve or disapprove the Negative
Declaration. The Lead Agency shall not adopt a Negative
Declaration unless it finds that the Negative_Declaration
reflects the independent judgment of the Lead Agency.
Where mitigation measures eliminating significant effects
are incorporated into the project, the Lead Agency shall
approve a Negative Declaration and make a finding that
the project as approved will not have a significant
effect on the environment. If mitigation measures
substantially change the project after public notice of
a proposed Negative Declaration has been given pursuant
to Section III.0 of these Guidelines, the Lead Agency
shall re-notice and recirculate the proposed Negative
Declaration as revised pursuant to Sections III.C, III.D,
III.E and III.F of these Guidelines.
H. Appeal of Final Approval.
Approval of a Negative Declaration by the Planning
Director may be appealed in writing to the Planning
Commission within ten (10) days of the decision.
Approval of a Negative Declaration by the Planning
Commission may be appealed in writing to the City Council
within ten (10) days of the decision. An appeal fee will
be required in either case pursuant to Section I.F(4) of
these Guidelines.
I. Notice of Determination.
After deciding to carry out or approve a project for
which a Negative Declaration has been approved, the Lead
Agency shall file a Notice of Determination, as provided
in Section V.0 of these Guidelines.
J. Time Limit.
For a private development project involving a lease,
license, permit, certificate or other entitlement for
use, a Negative Declaration shall be completed within 105
days from the day the application is determined to be
complete and the project shall be approved or disapproved
within six (6) months from that date. A reasonable
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extension may be granted upon consent of the applicant.
Appendix K illustrates the -time limits discussed in these
Guidelines.
K. Mitigation Monitoring.
If the Lead Agency has conditioned approval of a project
for which a 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 Part VI of
these Guidelines. The mitigation measures and-monitoring
program also shall be adopted as conditions of project
approval.
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 implemented under Section
II or III of these Guidelines, 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) In addition, and by way of explanation, an EIR
should 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
environmental impact report if there is no substantial
evidence before the agency that the project may have a
significant effect on the environment.
(3) The Lead Agency shall prepare or cause to be
prepared by contract, and certify the completion of, an
EIR, or if appropriate, a modification, addendum, or
supplement to an existing EIR; for any project involving
any of the following, unless an exemption exists under
Section 21151.1 of the Public Resources Code.
(a) The burning of municipal wastes, hazardous
wastes, or refuse-derived fuel, including, but not
limited to tires, if the project is either
construction of a new facility, or the expansion of
an existing facility which burns hazardous waste
which would increase its permitted capacity by more
than 10 percent;
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(b) The issuance of a hazardous waste facilities
permit to a "land disposal facility" , as that term
is defined in Section 25199. 1(d) of the Health and
Safety Code;
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(c) The issuance of a hazardous waste facilities
permit pursuant to Section 25200 of the Health And
Safety Code, to an "offsite large treatment
facility", as that term is defined in Section
25205. 1(d) of the Health and Safety Code and
Section 21151. 1(g) of the Public Resources Code;
and
(d) An open-pit mining operation which is subject
to the permit requirements of the Surface Mining
and Reclamation Act. of 1975 and utilizes a cyanide
heap-leaching process for the purpose of producing
gold or other precious metals.
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, pursuant to Section V.A 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 this thirty (30) day
period, the Lead Agency may assume that agency has no
response and may ignore a late response.
(2) Easy 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 consult with an expert designated by the applicant
for a private development project provided that the
applicant requests such consultation within thirty (30)
days of the decision to require an EIR and pays for the
cost of such consultation.
(3) Means of Preparation
(a) The Lead Agency may choose one of the fol-
lowing arrangements or a combination of them for
preparing a draft EIR.
1. . Preparing the draft EIR directly, with its
own staff,
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2. Contracting with another entity, public or
private, to prepare the draft EIR.
3 . Using an EIR previously certified by a
public agency.
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4. Accepting a draft prepared by the
applicant, a consultant retained by the
applicant, or any other person.
5. Executing a third party contract or
memorandum of understanding with the applicant
to govern the preparation of a draft EIR by an
independent contractor.
(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 draft reflects the
independent judgment of the Lead Agency. The Lead
Agency is responsible for the adequacy and objec-
tivity of the draft EIR.
(c) If the Lead Agency chooses to prepare the
draft EIR pursuant to Section IV.B. (3) (a) (2) ,
Section IV*Be (3) (a) (5) , or both of those sections
of these Guidelines, then the applicant shall make
payment to -the Lead Agency in order to def ray the
estimated reasonable costs to evaluate or prepare
the Draft EIR; the applicant shall not make direct
payment to the contractor who is to prepare the
Draft EIR. (See Government Code Section 87103 . 6. )
(4) 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 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
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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 a_ systematic,
interdisciplinary analysis, but no single
discipline shall be designated or required to
undertake this evaluation.
(e) The EIR shall reference all documents used in
its preparation and can incorporate any document by
reference. The EIR shall state where an incor-
porated document will be available for 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.
(5) Contents. A Draft EIR should be less than 150 pages
in most cases and shall contain the following
information:
(a) Description of Project. A description of the
,project including the following information but
only in sufficient detail to allow evaluation and
review of the environmental impact:
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.
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.
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4. A statement describing the intended uses
of the EIR, including a list of agencies
expected to use the EIR, a list of the
approvals for which the EIR will be used, 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. The Lead Agency may do so by completing
the Hazardous Waste and Substances Statement
included in Appendix B to these Guidelines,
and affixing the statement to the EIR.
(b) Description of Environmental Setting. A
description of the environment in the vicinity of
the project, as it exists -before commencement of
the project, from both a local and regional
perspective. 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.
(c) Cumulative Impacts. Cumulative impacts shall
be discussed when they are significant. 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 of the effects
attributable to the project alone. The discussion
should be guided by the standards of practicality
and reasonableness.
The following elements are necessary to an adequate
discussion of cumulative impacts:
1. Either:
a. A list of past, present, and
reasonably anticipated future projects
producing related or cumulative impacts,
including those projects outside the
control of the Lead Agency, or
b. A summary of projections contained in
an adopted general plan or related
planning document which is designed to
evaluate regional or areawide conditions.
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Any such planning document shall be
referenced - and made available to the
public at a location specified by the
lead agency; and
2. 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
3 . A reasonable analysis of the cumulative
impacts of the relevant projects. An , EIR
shall examine reasonable options for
mitigating or avoiding any signif icant
cumulative effects of a proposed project.
(d) Environmenta 1 Impact. All phases of a project
shall be considered when evaluating its impact on
the environment: planning, acquisition, devel-
opment, and operation. The following subjects
shall be discussed, preferably in separate sections
or paragraphs. The information required by
subparagraphs 7 and 8, 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 adop-
tion 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. A
copy of the Initial Study shall be attached to
the EIR to provide the basis for limiting the
impacts discussed.
In addition, transportation and transit
impacts shall be assessed using the
"Transportation Impact Analysis" guidelines
contained in the Los Angeles County Congestion
Management Program. Any impacts and
recommended mitigation measures identified by
a transit operator shall also be discussed in
the EIR.
20 Any significant environmental effects
which cannot be avoided if the proposal is
implemented, including those which can be
mitigated but not reduced to an insignificant
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level, and the reasons why the project is
proposed notwithstanding _these impacts.
3 . Mitigation measures proposed to minimize
the significant effects including avoidable,
adverse impacts, and any inefficient and
unnecessary consumption of energy. This dis-
cussion shall identify mitigation measures
which will eliminate such impacts or reduce
them to a level of insignificance. Where
several measures are available to mitigate an -
impact, each should be discussed and the basis
for selecting a particular measure should be
given. Energy conservation measures, examples
of which are given in Appendix J of these
Guidelines, shall be discussed when relevant.
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.
4. Housing, economic, and social factors
i
shall be considered n 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.
5. Archaeological impacts shall be considered
and should be avoided or mitigated as set
forth in Appendix L to these Guidelines.
6. Alternatives to the proposed action
including a range of reasonable alternatives
to the project, or to the location of the
project, which could feasibly attain the basic
objectives of the project, and why they were
rejected in favor of the ultimate choice. The
specific alternative of "no project" shall
also be evaluated, along with its impact. The
discussion shall focus on alternatives capable
of eliminating or reducing significant adverse
environmental effects. If the "no project"
alternative is environmentally superior, the
EI.R shall identify an environmentally superior
alternative among the other alternatives.
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7. The relationship between local short- term
uses of man's environment and the maintenance
and enhancement of lona-term productivity,
including .the cumulative and long-term effects
of the proposed project which adversely affect
the state of the environment. In addition,
the reasons why the proposed project is
believed by the proponent to be justified now,
rather than reserving an option for further
alternatives, should be explained.
8. 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.
9. 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 in-
directly, in the surrounding environment.
6
10. A statement briefly indicating the
reasons that various possible significant
effects of a project were determined not to be
significant.
(e) Organizations and Persons Consulted. The
identity of all federal, state, or local agencies,
other organizations and private individuals con-
sulted in preparing the EIR, and the identity of
the persons, firm, or agency which prepared the
EIR.
I
Co Public Review ofDraft EIR.
} (1) Consultation.
(a) After completing a Draft EIR, the Lead Agency
shall consult with and request comments from all
Responsible Agencies, Trustee Agencies, and other
agencies having jurisdiction by law with respect to
the project. The Lead Agency shall also consult
with any city or county which borders on a city or
county within which the project is located, unless
the Lead Agency and the city or county otherwise'
designate annually by agreement. The Lead Agency
may also consult with persons or agencies which
have special expertise with respect to any
environmental impact involved.
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(b) If a project involves the construction or
alteration of a facility within one-fourth (1/4) of
a mile from a public school and which project might
reasonably be anticipated to emit hazardous or
acutely hazardous air emission, 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:
(i) Provide the relevant school- district
with written notice of the project not less
than thirty (30) days prior to certification
of the EIR; and
(ii) Consult with that district regarding the
potential impact of the project on the school,
(c) For purposes of paragraph (2) above, the terms
"acutely hazardous material" and "hazardous air
emissions" shall have the meanings attributed to
them by Section 21151.8 (c) of the Public Resources
Code.
(2) Notice, The Lead Agency shall provide public notice
of the availability of the Draft EIR and at the same time
send a Notice of Completion to the Office of Planning and
Research (OPR) pursuant to Section V.B of these
Guidelines. Notice shall be given to all organizations
and individuals who have previously requested such notice
and shall also be given by at least one of the following
procedures:
(a) Publication at least once in a newspaper of
general circulation in the area affected by the
project; or
(b) Posting of notice on- and off-site in the area
where the project will be located; or
(c) Direct mailing to owners of property con-
tiguous to the project site.
Notice shall be filed with the County Clerk of the county
or counties in which the project will be located. The
County Clerk will post the Notice for thirty (3 0) days
before returning the Notice to the Lead Agency. This
Notice should be retained in the environmental record for
the project.
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(3) 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) ,
but no more than ninety (90) , days after notice of
completion is given. 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
authorized by OPR. A Draft EIR shall be made available
for review in- a public area in the City Hall, in the
Planning Department of the City of Rancho Palos Verdes,
and in a public library in the City.
(4) Projects of Statewide, Regional, or Areawide
Significance. The Lead Agency shall use -the State
Clearinghouse whenever it distributes an EIR to state
agencies. f or review. EIR's prepared f or projects deemed
to be of statewide, regional, or areawide significance
under the criteria set forth in Appendix K shall be
submitted to the State Clearinghouse, the Transportation
Planning Group of SLAG, and transportation agencies as
defined in Section I.B(14) of these Guidelines, and the
Southern California Association of Governments (SCAG) .
(5) Revised Drafts. If significant new information is
added to a draft EIR after public notice and after con-
sultation with other agencies, but before certification
of the final EIR, new notice and consultation under
subparagraphs (1) through (4) of this paragraph shall be
required.
D. Evaluation of Comments by Lead Agency.
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.
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;
a
930630 1j A018B.SLH (0) - 28 - RESOL. NO. 93-56
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(c) A list of persons, organizations, and public
agencies commenting on the Draft EIR; and
(d) The responses of the Lead Agency to signifi-
cant
ignifi-
cant environmental points raised in the review and
consultation process,, which may be in the f orm of a
revision of the Draft EIR or an attachment to it.
Any comments raising- major 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 Lead Agency shall certify that
the Final EIR has been completed in compliance with CEQA
and the State Guidelines, that the decision-making body
or administrative official having final approval
authority over the project has reviewed and considered
the information contained in the EIR prior to approving
the project, and that the EIR reflects the independent
judgment of the Lead Agency. Staff may make this
certification. If the Lead Agency cannot make this
required certification, it may not approve this project
at this time.
(3) Time-Limits.
(a) For a private development project involving a
lease; license, permit, certificate, or other
entitlement for use, the Lead Agency shall complete
and certify an EIR within one year from the date on
which the application was determined to be
complete. If circumstances justify more time, a
reasonable extension may be granted upon .consent of
the applicant.
(b) If no extension of time to certify an EIR is
granted, the project shall also be approved or dis-
approved
is-
approved within one year from the date the applica-
tion was determined to be complete. If an exten-
sion
xten-
sion of time to certify an EIR is granted, however,
the project shall be approved or disapproved within
ninety (90) days after the certification of the
EIR, unless the applicant consents to a further
extension not to exceed an additional ninety (90)
days. However, whether or not an extension of time
to certify an EIR is granted, a tentative
subdivision map shall be approved or disapproved by
the Planning Commission within fifty (50) days of
the certification of an EIR, unless the applicant
consents to a later decision.
930630 1j A018B.SLH (0) - 29 - RESOL. NO. 93-56
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Appendix N illustrates the time limits discussed in these
Guidelines.
F. Decision Whether to Approve or Carry Out the Project.
The Lead Agency shall review and consider the Final EIR
before deciding whether to approve or carry out the
project and shall not decide to approve or carry out a
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 sig-
nificant 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 concerns 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 completed which identi-
fies one or more significant environmental effects unless
the decision-making body makes one or more of the written
findings listed below, which shall be supported by
substantial evidence in the record:
(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 Final 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, social, or other considera-
tions make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
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One or more of the above findings shall be made for each
of the significant effects identified, and each such
.finding shall be accompanied by a statement of facts
supporting it.
(2) The Lead Agency shall not approve or carry out a
project for which an EIR has been completed without
making a finding as to = why each of the project
alternatives identified in the EIR pursuant to
Section IV.B(5) (d) (6) of these Guidelines was rejected in
favor of the project as approved.
H. Statement of Overriding Considerations.
Where the decision to approve a project allows the occur-
rence of significant effects which are identified in the
Final EIR, but which are not mitigated (as may be the
case when findings are made pursuant to Section
IV.G(1) (b) and (c) 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.
I. Appeal of Certification.
Certification of an EIR by the Planning Director may be
appealed in writing to the Planning Commission within ten
(10) days of the decision. Certification of an EIR by
the Planning Commission may be appealed in writing to the
City Council within ten (10) days of the decision. An
appeal fee is required in either case pursuant to Section
I.F(4) of these Guidelines.
J. Notice of Determination.
Upon approval of a project for which an EIR has been
certified, the Lead Agency shall file a Notice of
Determination, as provided in Section V.0 of these
guidelines.
K. Mitigation Monitoring.
If the Lead Agency has made findings under Section
IV.G(1) above, the Lead Agency shall adopt a reporting or
monitoring program pursuant to Part VI of these
Guidelines. The mitigation measures and monitoring
program shall be adopted as conditions of project
approval.
930630 lj A018B.SLH (0) - 31 - RESOL. NO. 93-56
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L. Subsequent EIRs,_Supplements and Addenda to EIRs
(1) Subsequent EIR. Where an EIR or Negative
Declaration has been prepared, no additional EIR need be
prepared unless:
(a) Subsequent changes are proposed in the proj ect
which will require _important revisions of the
previous EIR or Negative Declaration due to the
involvement of new significant environmental
impacts not previously considered;
(b) Substantial changes occur with respect to the
circumstances under which the project is undertaken
which will require important revisions in the
previous EIR or Negative Declaration due to the
involvement of new significant environmental
impacts not previously covered; or
(c) New information of substantial importance to
the project becomes available, and this information
was not known and could not have been known at the
time the previous EIR was certified as complete or
the Negative Declaration was adopted. The new
information must show any of the following:
1. The project will have one or more
significant effects not discussed previously
in the EIR;
2. Significant effects previously examined
will be substantially more severe than shown
in the 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; or
4. Mitigation measures or alternatives which
were not previously considered in the EIR
would substantially lessen one or more
significant effects on the environment.
(2) Supplement to an EIR.
(a) 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 IV.L. (1) above, would require the preparation of
a subsequent EIR, and only minor additions or
changes are necessary to make the previous EIR
930630 lj A018B.SLH (0) - 32 - RESOL. NO. 93-56
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adequately apply to the project in the changed
situation.
(b) The supplement to the EIR need contain only
the information necessary to make the previous EIR
adequate for the project as revised.
(c) A supplement to an EIR shall be given the same
kind of notice and public review as is given to a
draft EIR under IV.C. A supplement to an EIR may
be circulated by itself without recirculating the
previous draft or final EIR.
(d) When the Agency decides whether to approve the
project, the decisionmaking body shall consider the
previous EIR as revised by the supplemental EIR. A
finding under IV.G. shall be made for each
significant effect shown in the previous EIR as
revised.
(3) Addendum to an EIR.
(a) The Lead Agency or a Responsible Agency shall
prepare an addendum to an EIR if none of the
conditions described in IV.L. (1) have occurred,
only minor technical changes or additions are
necessary to make the EIR adequate under CEQA, and
the changes to the EIR made by the addendum do not
raise important new issues about the significant
effects on the environment. An addendum need not
be circulated but may be included in or attached to
the final EIR. The decisionmaking body shall
consider the addendum with the final EIR prior to
making a decision on the project.
(b) When significant new information is added to
an EIR after notice has been given pursuant to
IV.C(2) above and consultation has occurred
pursuant to IV.C(1) , but prior to certification,
the Lead Agency shall give notice again pursuant to
IV.C(2) and consult again pursuant to IV.C-(1)
before certifying the EIR.
V. FILINGS REQUIRED BY CEQA.
A. Notice of--Pre aration.
(1) Immediately after deciding that an EIR is required
for a project, the Lead Agency shall, by certified mall
or other method which provides a record, send each
Responsible Agency, Trustee Agency, agencies which pro-
vided information to the Lead Agency after consultation
pursuant to Section I I.C(3) (c) of these Guidelines, each
930630 1j- A018B.SLH (0) - 33 - RESOL. NO. 93-56
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is
_ f fixed route transit operator providing service to the
project, the Los Angeles County Metropolitan
Transportation Authority, and agencies possessing
jurisdiction by law with regard to the project, a Notice
of Preparation stating that an EIR will be prepared.
This Notice shall also be sent to every federal agency
involved in approval or funding of the project and to all
organizations and individuals who have previously filed
a request for such notices with the City Clerk. When one
or more state agencies will be a responsible agency or a
trustee agency, the lead agency shall send a Notice of
Preparation to each state responsible agency and each
trustee agency with a copy to the State Clearinghouse in
the Office of Planning and Research. The Notice shall
include the description and location of the -project (by
address or map) and the probable environmental of f ects of
the project. The form for this Notice is provided in
Appendix E of these Guidelines.
If the project site or any alternative 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 6 5 9 6 2.5(f) of the Government Code. The
Lead Agency may do so by completing the Hazardous Waste
and Substances Statement included in Appendix B to these
Guidelines, and affixing the statement to the Notice of
Preparation.
(2) The Notice of Preparation shall be filed with the
County Clerk of the county or counties in which the pro-
ject will be located. The County Clerk will post the
Notice for thirty (30) days before returning the Notice
to the Lead Agency. The Notice should thentbe retained
in the records of the Lead Agency until 180 days after
the project is approved or disapproved by the Lead
Agency. A copy of the Notice of Preparation shall also
be provided to agencies which provided information to the
Lead Agency after consultation pursuant to Section
II.C(3) (c) of these Guidelines.
B. Notice of Completion.
(1) When the Draft EIR is completed,. a Notice of
Completion shall be filed with the Office of Planning and
Research. The Notice shall include a brief description
of the project, its proposed location, an address where
copies of the EIR are available, and the period during
which comments will be received. A form for this Notice
is provided in Appendix F of these Guidelines.
930630 1j A018B.SLH (0) - 34 - RESOL. NO. 93-56
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(2) A Notice of Completion shall be provided prior to
the certification of an EIR to all organizations and
— individuals who have previously requested such notice and
shall also be given to the public by- at least one of the
following procedures:
(a) Publication at least one time as required by
Section 6061 of the Government Code in a newspaper
of general circulation in the area affected by the
proposed project; or
(b) Posting of public notice' on- and off-site in
the area where the project is to be located; or
(c) Direct mailing to owners and occupants of
property contiguous to the project, as shown on the
latest equalized assessment roll.
Public Notice of the proposed EIR may be given at the
same time and in the same manner as public notice of the
project required by any other law. Notice of Completion
and Public Notice forms appear in Appendix F to these
Guidelines.
(3) The Notice of Completion shall be f iled with the
County Clerk of the county or counties in which the pro-
ject will be located. The County Clerk will post the
Notice for thirty (30) days before returning the Notice
to the Lead Agency. The Notice should then be retained
in the records of the Lead Agency until 180 days after
the project is approved or disapproved by the Lead
Agency. A copy of the Notice of Completion shall also be
provided to agencies which provided information to the
Lead Agency after consultation pursuant to Section
II.C(3) (c) of these Guidelines.
C. Notice of Determination.
(1) For a Negative Declaration: If the Lead Agency
approves a project for which a Negative Declaration has
been prepared, the Lead Agency shall file a Notice of
Determination which 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;
930630 lj A018B.SLH (0) - 35 - RESOL. NO. 93-56
1
(e) A statement that a Negative Declaration has
been prepared pursuant to the provisions of CEQA;
and
(f) The address where a copy of the Negative
Declaration may be examined.
(2) For an EIR: If the Lead Agency approves a project
for which an EIR has been prepared, the Lead Agency shall
file a Notice of Determination which 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 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 cer-
tified pursuant to the provisions of CEQA;
(f) Whether mitigation measures were made a condi-
tion of the approval of the project;
(g) Whether findings regarding significant envi-
ronmental effects were made pursuant to para-
graph IV.G of these guidelines;
(h) Whether a statement of overriding considera-
tions was adopted for the project; and
(i) The address where a copy of the EIR and the
record of project approval may be examined.
(3) The above Notices of Determination shall be filed
with the County Clerk of the county or counties in which
the project would be located within five (5) working days
of approval of a project, The County Clerk will post the
Notice for thirty (30) days. The County Clerk will
return the Notice with a notation showing the dates of
posting and it should be retained by the Lead Agency. for
at least nine (9) months. A copy of the Notice of
Determination and the EIR or Negative Declaration shall
also be mailed to agencies which provided information to
the Lead Agency after consultation pursuant to Section
II.C(3) (c) of these Guidelines. If the project requires
discretionary approval from a state agency, the Notice
shall also be filed with the Office of Planning and
930630 1j A018B.SLH (0) 36 - RESOL. NO. 93-56
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Research. A form for the Notice of Determination is
provided in Appendix G of -these Guidelines.
(4) The filing of the Notice of Determination with the
County Clerk starts a thirty (30) day statute of limita-
tions on court challenges to the Lead Agency's approval
under CEQA. (Public Resources Code §21167. ) Failure to
file a notice of determination will result in a larger
statute of limitations.
(5) The Notice of Determination shall be provided to all
organizations and individuals who have previously
requested such notice.
(6) Each project proponent shall remit to the county
clerk on or before the filing of the Notice of
Determination, the fee required under section I.F(5) of
these Guidelines.
VI. MITIGATION MONITORING
A. Program to Insure Compliance.
If a reporting or monitoring program is required under
Section III.K or Section IV.K of these Guidelines, the
program shall be designed to ensure compliance with
mitigation requirements during the" implementation of the
project. A reporting or monitoring program may include
reporting obligations imposed on the applicant,
monitoring by the Lead Agency as an aspect of routine
inspection and regulatory enforcement activities of the
Lead Agency or some other agency, and monitoring by the
Lead Agency or some other agency specifically to enforce
the mitigation measures imposed on the project. The
applicant shall be . responsible for all costs associated
with implementing the reporting or monitoring program
required under Sections III.K, IV.K or this Section VI.
B. Measures Requested by State and Federal Agencies.
If mitigation measures are requested by an agency having
jurisdiction by law with respect to the project, the Lead
Agency may request the agency having jurisdiction by law
to prepare a reporting or monitoring program.
930630 lj A018B.SLH (0) - 37 - RESOL. NO. 93-56
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C. 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 K to
these Guidelines, any transportation information
resulting from that reporting. or monitoring program shall
be submitted to the Transportation Planning Group of SLAG
along with a copy of the reporting or monitoring program.
930630 1j A018B.SLH (0) - 38 - RESOL. NO. 93-56
NOTE: This flow chart is intended merely to illustrate the EIR process
contemplated b the uidelines. The langua a contained, in the
gg In case o? discre ancien. '.
y uideilnes controls
and local p
state g .
S ^G
APPENDIX A
CEQA PROCESS FLOWCHART
V.
ne a"is a vrop p•q.a
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rr�oMO
RUPONSIBL[AGENCY LEAD AGEMY
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of draft E IA or Conautaaon Meat ftvk r'iriol h�eie nerb r/yrbd
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prepared rad q@rq fait EIA Oy dtas+on ianl 0o!!► ty NdMaR body
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or wlao"s+9AMt or avow"OVA=*
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CM CM
Cih
NOTE: This flow chart is intended merely to illustrate the EIR
process contemplated by the guidelines. The language
contained in the state and local guidelines controls in
case of discrepancies.
920506 sas CEQA.SLN (3) A-1 RESOL. NO. 93-56
APPENDIX- B
ENVIRONMENTAL INFORMATION AND CHECKLIST FORM
(Initial Study)
Date Submitted: 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 . 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:
5. Existing zoning district:
6, Proposed use of site (Project f or which this form is filed) :
930630 1j. A018B.SLH (0) B-1 RESOL. NO. 93-56
1<
PROJECT DESCRIPTION
7. Site size:
8. Square footage:
9. Number of floors of construction.
10. Amount of off-street parking provided:
11. (Attach plans. )
12 . Proposed scheduling:
13 . Associated projects: _
14 . Anticipated incremental development:
15. If this is a residential project, indicate the number of
units, schedule of unit sizes, range of sale prices or rents, and
type of household size expected:
16. 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:
17. If this is an industrial project, indicate the type of
project, estimated employment per shift, and loading facilities:
18, 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
930630 lj A018B.SLH (0) B-2 RESOL. NO. 93-56
a t ,
proj ect:
19. 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
20. Change in existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration
of ground contours.
21. Change in scenic views or vistas from existing
residential areas or public lands or roads.
22 . Change in pattern, scale or character of general
area of project.
23 . Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in
vicinity.
25. Change in ocean, bay, lake, stream or ground water
quality or quantity, or alteration of existing
drainage patterns.
26. Substantial change in existing noise or vibration
levels in the vicinity.
27. Site on filled land or on slope of 10 percent or
more.
9.30630 lj A018B.SLH (0) B-3 RESOL. NO. 93-56
YES NO
2 8. Use or disposal of potentially hazardous materials,
such as toxic substances, flammables or explosives.
29. Substantial change in demand for municipal service
(police, fire, water, sewage, etc. ) .
30. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc. ) .
31. Relationship to a larger project or series of
projects.
ENVIRONMENTAL SETTING
32. 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.
33 . 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 homes, shops, department stores, etc. ) , and scale of
development (height, frontage, set-back, rear yard, etc, ) , Attach
photographs of the vicinity.
ENVIRONMENTAL IMPACTS
(Please explain all "yes" and "maybe" answers on separate
sheets. )
YES MAYBE NO
34, Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, com-
paction or overcovering of the soil?
C. Change in topography or ground
surface relief features?
d. The destruction, covering or
modification of any unique geologic
or physical features?
e. Any increase in wind or water
erosion of soils, either on or off
the site?
930630 lj A018B.SLH (0) B-4 RESOL. NO. 93-56
i +
YES MAYBE NO
f. Changes in deposition or erosion
of beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake? _
g. Exposure of people or property
to geologic hazards such as earth-
quakes, landslides, mudslides,. '
ground failure, or similar hazards? _
35. Air. Will the proposal result in:.
a. Substantial air emissions or
deterioration of ambient air quality?
b. The creation of objectionable
odors?
C., Alteration of air movement,
moisture or temperature, or any
change in climate, either locally
or regionally?
36. Water. Will the proposal result in:
a. Changes in currents, or the
course or direction of water move-
ments, in either marine or fresh
waters?
b. Changes in absorption rates,
drainage- patterns, or the rate and
amount of surface water runoff?
C. Alterations to the course or
flow of flood waters?
0
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters, or
in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity? _
f. Alteration of the direction or
rate of flow of ground waters?
930630 lj A018B.SLH (0) B-5 RESOL. NO. 93-56
YES MAYBE NO
g. . Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
h. Substantial reduction in the
amount of water otherwise available
for public water supplies?
i. Exposure of people or property '
to water-related hazards such as
flooding or tidal waves?
j . Significant changes in the
temperature, flow, or chemical
content of surface thermal springs?
37. Plant Life. Wild the proposal result in:
a. Change in the diversity of
species, or number of any species of
plants (including trees, shrubs,
grass, crops, microflora and aquatic
plants) ? -
b. Reduction of the numbers of any
unique, rare or endangered species of
plants? -
C. Introduction of new species of
plants into an area, or- in a barrier
to the normal replenishment of
existing species?
d. Reduction in acreage of any
agricultural crop?
38. Animal Life. Will the proposal result in:
a. Change in the diversity of
species, or numbers of any species of
animals (birds, land animals
including reptiles, fish and shell-
fish, benthic organisms, insects or
microf auna) ?
b. Reduction of the numbers of any
unique, rare or endangered species
of animals?
930630 lj A018B.SLH (0) B-6 RESOL. NO. 93-56
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YES MAYBE NO
c. Introduction of new species of
animals into an area, or result in
a barrier to the migration or move-
ment of animals?
d. Deterioration to existing fish
or wildlife habitat? _
39. Noise. Will the proposal result in:
a. Increases in existing noise '
levels?
b. Exposure of people to severe
noise levels?
40. Light and Glare. Will the proposal
produce new light or glare?
41. Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area? -
42. Natural Resources. Will the proposal
result in:
a. Increase in the rate of use of
any natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
43 . Risk of Ups. Will the proposal involve:
a. A risk 'of an explosion or the
release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)
in the event of an accident or upset -
conditions?
b. Possible interference with an
emergency response plan or an emer-
gency evacuation plan?
44. Population. Will the proposal alter the
location, distribution, density, or growth
rate of the human population of an area?
930630 1j A018B.SLH (0) B-7 RESOL. NO. 93-5.6
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YES MAYBE NO
45, Housing. Will the proposal affect existing
housing, or create a demand for additional
housing? -
46. Transportation/Circulation. Will the
proposal result in: _
a. Generation of substantial
additional vehicular movement?
b. Effects on existing parking
facilities, or demand for new _
parking? _
c. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns
of circulation or movement of people
and/or goods?
e. Alterations to waterborne, rail
or air traffic?
f. Increase in traffic hazards to
motor vehicles, bicyclists or
pedestrians?
47. Public Services. Will the proposal have
an effect upon, or result in a need for
new or altered governmental services in
any of the following areas:
a. Fire protection?
b. Police protection?
C. Schools? _
d. Parks or other recreational
facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental. services?
930630 lj A018B.SLH (0) B-8 RESOL. NO. 93-56
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YES MAYBE NO
48., Energy. Will the proposal result in:
a. Use of substantial amounts of
fuel or energy?
b. Substantial. increase in demand
upon existing sources of energy, or
require the development of new sources
of energy?
49. Utilities. Will the proposal result in a
need for new systems, or substantial altera-
tions to the following utilities:
a. Power or natural gas?
b. Communications systems?
C., Water?
d. Sewer or septic tanks?
e. Storm water drainage? _
f. Solid waste and disposal?
50. Human Health. Will the proposal result
in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health) ? -
b. Exposure of people to potential
health hazards?
51. Aesthetics. Will the proposal result in
the obstruction of any scenic vista or
view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
public view?
52 . Recreation. Will the proposal result in
an impact upon the quality or quantity of
existing recreational opportunities?
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YES MAYBE NO
53 , Cultural Resources.
a. Will the proposal result in the
alteration of or the destruction of a
prehistoric or historic archeological
site? _
b. Will the proposal result in
adverse physical or aesthetic effects
to a prehistoric or historic
building, structure, or object? -
c. Does the proposal have the poten-
tial 'to cause a physical change which
would affect unique ethnic cultural
values?
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
54. Mandatory Findings of Significance.
a. Does the project have the poten-
tial 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 commun-
ity, 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 the poten-
tial to achieve short-term, to the
disadvantage of long-term, environ-
mental goals? (A short term impact on
the environment is one which occurs
in a relatively brief, definitive
period of time while long-term
impacts will endure well
into the future. )
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YES MAYBE NO
C. Does the project have impacts
which are individually limited, but
cumulatively considerable? (A
project may affect two or more
separate resources where the impact
on each resource is relatively small,
but where the effect of the total of
those impacts on the.
environment is significant. )
d. Does the project have environ-
mental effects which will cause
substantial adverse effect on human
beings, either directly or
indirectly? e
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.
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
01
The development project and any alternatives proposed in this
application are contained on the lists 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:
J
1. Name of applicant:
2 . Address:
930630 1j A018B.SLH (0) B-11 RESOL. NO. 93-56
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:
To Specify any list pursuant to Section 65962 .5 o f the Government
Code:
8. Regulatory identification number:
9. Date of List:
Date
(Signature)
For
(Applicant)
930630 lj A018B.SLH (0) B-12 RESOL. NO. 93-56
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NOTE: In the event that the project site and any alternatives
are not listed on any list compiled pursuant to Section 65962 . 5 of
the Government Code, then the applicant must certify that fact as
provided below.
I have consulted the lists compiled pursuant to. Section
65962.5 of the Government Code _ and hereby certify that the
development project and any alternatives proposed in this
application are not contained on these lists.
Date
(Signature) -
For
(Applicant)
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and
that the facts, statements, and information presented are true and
correct to the best of my knowledge and belief.
Date
(Signature)
For
(Applicant)
930630 lj A018B.SLH (0) B-13 RESOL. NO. 93-56
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DISCUSSION OF ENVIRONMENTAL EVALUATION AND DETERMINATION
(To be completed by-the Lead Agency - may
be attached on separate sheets)
I have consulted the lists compiled pursuant to Section
65962.5 of the Government Code and hereby certify that the
development project and any alternatives proposed in this
application are located on a site which: (check one)
Is not included in these lists,.
Is included in these lists, and the project applicant has
completed the statement required by Section 659 62.5 (f) of
the Government Code.
Is included in these lists, and I have notified the
applicant, pursuant to Section 65943 of the Government
Code, that he or she has failed to complete the statement
required by Section 65962 .5 (f) of the Government Code by
letter dated .
On the basis of this initial evaluation: (check one)
I find 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 the mitigation
measures described on an attached sheet have been added
to the project. A NEGATIVE DECLARATION will be prepared..
930630 1j A018B.SLH (0) B-14 RESOL, NO. 93-56
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_ I find the proposed project MAY have a significant of fect
on the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
Date
(Signature)
For _
(Lead Agency)
K
930630 lj A018B.SLH (0) B-15 RESOL. NO. 93-56
APPENDIX C
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 project 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 2 60) 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 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.
Class 1: Existing Facilities. Class 1 consists of the operation.,
repair, maintenance, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topo-
graphical features, involving negligible or no expansion of -use
beyond that previously existing, including but 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 except where the
activity will involve removal of a scenic resource including,
but not limited to, a stand of trees, a rock outcropping, or
an historic building.
(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;
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(e) Additions to existing structures provided that the addition
will not result in an increase of more than:
(1) 50 percent of the f loor ;, area of the structures
before the addition, or 2500 square feet, whichever is
less; or
(2) 10, 000 square feet if:
(i) 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
(ii) 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, streamf lows,
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 rental units into
condominiums.
(1) Demolition and removal of individual small structures listed
in this subsection except where the structures are of histor-
ical, archaeological, or architectural significance:
(1) Single-family residences not in conjunction with the
demolition of two or more such units. In urban areas, up to
three single-family residences may be demolished under this
exemption.
(2) Motels, apartments, and duplexes or other similar struc-
ture with not more than four dwelling units if not in
conjunction with the demolition of two or more such struc-
tures, In urbanized areas, this exemption applies to single
930630 1j A018s.SLH (0) C-2 RESOL. NO. 93-56
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apartments, duplexes, and similar structures designed for not
more than six dwelling units if not demolished in conjunction
with the demolition of two or more such structures.
(3) Stores, motels, offices, restaurants and similar small
commercial structures if designed for an occupant load of 30
persons or less, if not in conjunction with the demolition of
two or more such structures. In urbanized areas, the
exemption also applies to commercial buildings on sites zoned
for such use, if designed for an occupant load of 30 persons
or less if not demolished in conjunction with the demolition
of four or more such structures.
(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) The conversion of existing commercial units in one structure
from single to condominium ownership.
As used herein, the. term "urbanized areas" means a cen-
tral 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 hos-
pitals 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 site, purpose and capacity.
(c) Replacement or reconstruction of existing utility systems
and/or facilities involving negligible or no expansion of
capacity.
(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.
930630 lj A0188.SLH (0) C-3 RESOL. NO. 93-56
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 or to be associated with a project
withinaa two-year period. Examples of this exemption include, but
are not limited to:
(a) Single-family residences not in conjunct ion with the building
of two or more such units. In urbanized areas, up to three
single-family residences may be constructed or converted under
this exemption.
(b) Apartments, duplexes and similar structures with no more than
four dwelling units if not in conjunction with the building or
conversion of two or more such structures. In urbanized
areas, the exemption applies to single apartments, duplexes
and similar small structures designed for not more than six
dwelling units if not constructed in conjunction with the
building or conversion of two or more such structures.
(c) Stores, motels, offices, restaurants, and similar small
structures not involving the use of significant amounts of
hazardous substances, if designed for an occupant load of 30
persons or less, if not constructed in conjunction with the
building of two or more such structures. In urbanized areas,
the exemption also applies to commercial buildings or sites
zoned for such use, if designed for an occupant load of 30
persons or less, if not constructed in conjunction with the
building of four or more such structures and if not involving
the use of significant amounts of hazardous substances.
(d) Water main, sewage, electrical, gas and other utility exten-
sions of reasonable length to serve such construction.
(e) Accessory (appurtenant) structures including garages, car-
ports, patios, swimming pools and fences.
"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 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 wet-
land, in a scenic area officially designated by federal, state
930630 1j A018s.SLH (0) C-4 RESOL. NO. 93-56
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or local governmental action, or in officially mapped areas of
severe geologic hazard.
(b) New gardening or landscaping.
(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 pro-
duction 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 backf i l l ing 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.
Class 5: Alterations in Land Use Limitations. Class 5 consists of
minor alterations in land use limitations in areas with 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.
11
(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 evalu-
ation activities which do not result in a serious or major dis-
turbance to an environmental resource. These may be strictly for
inf ormation-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 Regulatory 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
930630 lj A018B.SLH (0) C-5 RESOL. NO. 93-56
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preservation activities of the State Department of Fish and Game.
Construction activities are not included in this exemption.
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, misre-
presentation, 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 construc-
tion, or placement of minor structures accessory to (appurtenant
. . . industrial, institutional. . . .
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 restrooms, 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 K of these Guidelines.
However, if the surplus property to be sold is located in such
areas, its sale is exempt if:
930630 lj A018s.SLH (0) C-6 RESOL. NO. 93-56
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(a) The property does not have significant values for wildlife
habitat or other environmental purposes, and
(b) Any of the following conditions exist.
(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 a 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 or sale .of land in order to
establish a park, where the land is in a natural condition or
contains historic sites or archaeological sites 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 site.
CEQA will apply when a management plan is proposed that will
change the area from its natural condition or significantly
change the historic or archaeological site.
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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 pre-
serves, contracts, interests, or easements is not included in this
. exemption.
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 exer-
cised. 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 to
enforce or revoke a lease, permit, license, certificate, or other
entitlement for use issued, adopted, or prescribed by the regula-
tory 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.
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(b) The adoption of an administrative decision or order enforcing
or revoking the lease, per-mit, license, certif icate, or
entitlement for use or enforcing the general rule, standard,
or objective.
_ Construction activities undertaken by the public agency taking
the enforcement or revocation action are not included in this
exemption. _
Class 22 : Educational or Training Programs Involving No Physical
Changes. Class 22 consists of the adoption, alteration, or termi-
nation 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.
Y
(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. 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
Open Space. Class 25 consists of the transfers of ownership of ,
interests in land in order to preserve open space. Examples include
but are not limited to.
(a) Acquisition of areas to preserve the existing natural
conditions.
(b) Acquisition of areas to allow continued agricultural use of
the areas.
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(c) Acquisition to allow restoration of natural conditions.
(d) Acquisition to prevent encroachment of development into
flood plains.
6
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: Leasina 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 off ices
in newly constructed industrial parks.
Class 28: Small Hydroelectric Projects 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 Js 5 megawatts or
less.
930630 lj A018B.SLH (0) C-10 RESOL. NO. 93-56
(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,
(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 rare
or endangered 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.
930630 1j A018B.SLH (0) C-11 RESOL. NO. 93-56
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(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) ,
(2) Result in no noticeable increase in noise to nearby
residential structures, and
(3) Be contiguous to other commercial or institutional
structures.
930630 1j A018B.SLH (0) C-12 RESOL. NO. 93-56
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APPENDIX D
STATUS OF APPLICATION
APPLICATION NO. DATE REC'D. :
APPLICANT: REPRESENTATIVE:
ADDRESS: ADDRESS:
Location of Project:
Pursuant to state law the City's staf f has completed a preliminary
review of the . application noted above and finds that the
information submitted- is:
o 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.
o 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 InformationfRequirements:
Staff Signature Date
930630 lj A018s.SLH (0) D-1 RESOL. NO. 93-56
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APPENDIX E
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 attached.
A copy of the Initial Study is, is not, attached.
Under State law, your response must be sent at the earliest
possible date and 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
Reference: California Administrative Code, Title 14, Section
15082 .
930630 1j A018B.SLH (0) E-1 RESOL. NO. 93-56
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APPENDIX F
NOTICE OF COMPLETION
To: Off ice 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
930630 1j A018B.SLH (0) F-1 RESOL. NO. 93-56
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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: 0 Joint Document
0 Early Cons ❑ EIR (Prior SCH No.) 0 EA 0 Final Document
0 Neg Dec 0 Other 0 Draft EIS 0 Other
0 Draft.EIR 0 FONSI
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Local Action Type
0 General Plan Update 0 Specific Plan ❑ Rezone ❑ Annexation
0 General Plan Amendment 0 Master Plan 0 Prezone 0 Redevelopment
0 General Plan Element 0 Planned Unit Development ❑ Use Permit 0 Coastal Permit
0 Community Plan 0 Site Plan 0 Land Division 0 Other
Subdivision Parcel Map,
Tract Map, etc.)
- - - - - - - - - - a • e • - - • - - - • • - - - e - - - • - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - • e - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Development type
0 Residential: Units Acres 0 Water Facilities: Type MGD
0 Office: Sq. ft. Acres Employees 0 Transportation: Type
0 Commercial: Sq. ft. Acres Employees 0 Mining: Mineral
0 Industrial: Sq. ft. Acres Employees 0 Power: Type Watts-
0 Education 0 Waste Treatment: Type
❑ Recreational ❑ Hazardous Waste: Type
❑ Other:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - -
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930630 lj A018s.SLH (0) RESOL. NO. 93-56
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Project Issues Discussed In Document
0 Aesthetic/Visual ❑ Flood Plain/Flooding 0 Schools/Universities ❑ Water Quality
M
0 Agricultural Land 0 Forest Land/Fire Hazard 0 Septic Systems 0 Water Supply/
Groundwater
❑ Ai-r-Quality 0 Geologic/Seismic 0 Sewer Capac ky 0 Wetland/Riparian
❑ Archeological/Historical ❑ Minerals 0 Soil Erosion/ 0 Wildlife
Compaction/Grading
0 Coastal Zone ❑ Noise 0 Solid Waste 0 Growth Inducing
0 Drainage/Absorption 0 Population/Housing 0 Toxic/Hazardous 0 Landuse
Balance
0 Economic/,lobs 0 Public Services/Facilities 0 Traffic/Circulation 0 Cumulative Effects
0 Fiscal 0 Recreation/Parks 0 Vegetation - 0 Other
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Present Land Use/toning/General Plan Use
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - —
Project Description
s
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.
Revised October 1989
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930630 1j A0188.SLH (0) RESOL. NO. 93-56
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KEY
S = Document sent by lead w
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 Indepe ident Commissions & Offices
Water Resources (DWR) Energy Commission
Business, 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:
F-4
930630 lj A018B.SLH (0) RESOL. NO. 93-56
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Lead Agency (Complete if applicable): For SCH Use Only:
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:( )
F-5
930630 1j A0188.SLH (0) RESOL. NO. 93-56
0
APPENDIX G
NOTICE OF DETERMINATION
TO: office of Planning and Research FROM:
State of California
1400 Tenth Street
Sacramento, California 90815
County Clerk
County of
r
SUBJECT: Filing of Notice of Determinatiori 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 (Lead
Agency) has approved the above described project and has made the
following determinations regarding this project:
1. The project will have a significant effect on the
will not
environment.
2. Mitigation measures were made a condition of
were not
approval of the project.
3. A Negative Declaration was prepared for this project
pursuant to the provisions of CEQA. A copy of the
Negative Declaration and record of project approval may
be examined at
An Environmental Impact Report was prepared for this
project pursuant to the provisions of CEQA, and was re-
viewed 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
930630 lj A018B.SLH (0) G-1 RESOL. NO. 93-56
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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
s
adopted for this project, was not
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
930630 1j A018B.SLH (0)
Signature
Title
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RESOL. NO. 93-56
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APPENDIX H
NEGATIVE DECLARATION
1
FOR:
(Project)
Application has been filed with the City of
for approval of the project known as
to be located at
and to be
implemented by
The project is briefly described as:
Pursuant to the authority and criteria contained in the
California Environmental Quality Act (CEQA) and the CEQA
Guidelines of the City of J. the Lead Agency
has analyzed the project. and determined that the project will not
have a significant impact on the environment. Based on this
finding, the Lead Agency prepared this NEGATIVE DECLARATION.
A copy of the Initial Study, documenting reasons to support the
finding, is attached. Mitigation measures, if any, included in
the project to avoid potentially significant effects are:
A period of at least 21 days from the date of publication of the
notice of this NEGATIVE DECLARATION will be provided to enable
public review of the project specifications, the Initial Study
and this document prior to the final adoption of the NEGATIVE
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930630 lj A018B.SLH (0) RESOL. NO. 93-56
n
DECLARATION by the Lead Agency, A copy of the project specifica-
tions
pecifica-
tions is on file in the offices of
Date:
By•
(Title)
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
PUBLIC NOTICE
NEGATIVE DECLARATION
The City of hereby gives notice that
pursuant to the authority and criteria contained in the Cali-
fornia Environmental Quality Act ("CEQA") and the CEQA Guidelines
of the City of , the
(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 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 will be received by the City prior to final
approval of the NEGATIVE DECLARATION and action on the project,
through , 19 _ .
A copy of all relevant material, including the project specifica-
tions,
Date:
By:
(Title)
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
APPENDIX I
SIGNIFICANT EFFECTS
A project will normally -have a significant effect on
the environment if it will:
(a) Conf lict with adopted environmental plans and
goals of the community where it is located;
(b) Have a substantial, -demonstrable, negative
aesthetic effect;
(c) Substantially affect a rare or endangered species
of animal or plant or the habitat of the species;
(d) Interfere substantially with the movement of any
resident or migratory fish or wildlife species;
(e) Breach published national, state, or local
standards relating to solid waste or litter control;
(f) Substantially degrade water quality;
(g) Contaminate a public. water supply;
(h) Substantially degrade or deplete ground water
resources;
(i) Interfere substantially with ground water
recharge;
(j) Disrupt or adversely affect a prehistoric or
historic archaeological site or a property of historic or
cultural significance to a community or ethnic or social group;
or a paleontological site except as part of a scientific study;
(k) Induce substantial growth or concentration of
population;
(1) Cause an increase in traff is which is substantial
in relation to the existing traffic load and capacity of the
street system;
(m) Displace a large number of people;
(n) Encourage activities which result in the use of
large amounts of fuel, water, or energy;
(o) Use fuel water, or energy in a wasteful manner;
(p) Increase substantially the ambient noise levels
for adjoining areas;
(q) Cause substantial flooding, erosion or siltation;
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930630 lj A018B.SLH (0) RESOL. NO. 93-56
hazards;
(r) Expose people or structures to major geologic
J
(s) Extend a sewer trunk line with capacity to serve
new development;
(t) Substantially diminish habitat for fish, wildlife
or plants; f
(u) Disrupt or divide the physical arrangement of an
established community;
(v) Create a potential public health hazard or involve
the use, production or disposal of materials which pose a hazard
to people or animal or plant populations in the area affected;
(w) Conflict with established recreational, educa-
tional, religious or scientific uses of the area,
(x) Violate any ambient air quality standard, con-
tribute substantially to an existing or projected air quality
violation, or expose sensitive receptors to substantial pollutant
concentrations;
(y) Convert prime agricultural land to nonagricultural
use or impair the agricultural productivity of prime agricultural
land;
(z) Interfere with emergency response plans or
emergency evacuation plans.
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930630 lj A0188.SLH (0) RESOL. NO. 93-56
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APPENDIX J
ENERGY CONSERVATION
I. INTRODUCTION
The goal of conserving energy implies the wise and eff icient use
of energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption,
(2) decreasing reliance on natural gas and oil, and
(3) increasing reliance on renewable energy sources. In
order to assure that energy implications are considered in
project decisions, the California Environmental Quality Act
requires that EIR's include a discussion of the potential energy
impacts of proposed projects, with particular emphasis -on
avoiding or reducing inefficient, wasteful and unnecessary
consumption of energy.
Energy conservation implies that a project's cost effectiveness
be reviewed not only in dollars, but also in terms of energy
requirements. For many projects, lifetime costs may be
determined more by energy efficiency than by initial dollar
costs.
II. EIR CONTENTS
Potentially significant energy implications of a project should
be considered in an EIR. The following list of energy impact
possibilities and potential conservation measures is designed to
assist in the preparation of an EIR. In many instances specific
items may not apply or additional items may be needed.
ti
A. Project Description may include the following items:
1. Energy consuming equipment and processes which will
be used during construction, operation and/or removal of the
project. If appropriate, this discussion should consider the
energy intensiveness of materials and equipment required for the
project.
2. Total energy requirements of the project by fuel
type and end use.
3. Energy conservation equipment and design features.
4. Initial and life -cycle energy costs or supplies.
5. Total estimated daily trips to be generated by the
project and the additional energy consumed per trip by mode.
Be Environmental Setting may include existing energy
supplies and energy use patterns in the region and locality.
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930630 1j A018B . SLH ( 0 ) RESOL . NO. 93-56
C. Environmental Impacts may include:
1. The project's energy requirements and its energy
use of f iciencies by amount and fuel type for each stage of the
project's life cycle including construction, operation, mainten-
ance and/or removal. If appropriate, the energy intensiveness of
materials may be discussed.
2. The effects of the project on local and regional
energy supplies and on requirements for additional capacity.
3. The effects of the project on peak and base period
demands for electricity and other forms of energy.
4. The degree to which the project complies with
existing energy standards.
5. The effects of the project on energy resources.
6. The project's projected transportation energy use
requirements and its overall use of efficient transportation
alternatives.
D. M_ itiaation Measures may include:
1. Potential measures to reduce wasteful, inefficient
and unnecessary consumption of energy during construction,
operation, maintenance and/or removal. The discussion should
explain why certain measures were incorporated in the project and
why other measures were dismissed.
2. The potential of siting, orientation, and design to
minimize energy consumption, including transportation energy.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or
energy systems.
5. Energy conservation which could result from
recycling efforts.
E. Alternatives should be compared in terms of overall
energy consumption and in terms of reducing wasteful, inefficient
and unnecessary consumption of energy.
F. Unavoidable Adverse Effects may include wasteful,
inefficient and unnecessary consumption of energy during the
project construction, operation, maintenance and/or removal that
cannot be feasibly mitigated.
G. Irreversible Commitment of Resources may include a
discussion of how the project preempts future energy development
or future energy conservation.
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
H. Short -Term Gains versus Long -Term Impacts can be
compared by calculating the energy costs over the lifetime of the W
project.
I. Growth Inducing Effects may include the estimated
energy consumption of growth induced by the project.
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930630 1j A0188 . SLH ( 0 ) RESOL . NO. 93-56
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APPENDIX K
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 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
Southern California Association of_ Governments (SCAG) .
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 signifi-
cant effects on the environment extending beyond the city of
county in which the project would be located. Examples of the
effects include generating significant amounts of traffic or
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:
(1)
The Lake Tahoe Basin.
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
(2) The Santa Monica Mountains Zone.
(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 5093.54 of the Public Resources Code.
(5) The Sacramento -San Joaquin Delta, as def ined
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 rare and endangered species as defined by Fish and Game Code
Section 2062.
(f) A project which would interfere with attainment of
regional water qualify 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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930630 1j A018B.SLH (0) RESOL. NO. 93-56
APPENDIX L
ARCHAEOLOGICAL IMPACTS
I. CEQA applies to effects on historic and prehistoric archaeo-
logical resources.
II. Public agencies should seek to avoid damaging effects on an
archaeological resource whenever feasible. If avoidance is
not feasible, the importance of the site shall be evaluated
using the criteria outlined in Section III.
A. In-situ preservation of a site is the preferred manner
of avoiding damage to archaeological resources.
Preserving the site is more important than preserving
the artifacts alone because the relationship of the
artifacts to each other in the site provides valuable
information than can be lost when the artifacts are
removed. Further, preserving the site keeps it
available for more sophisticated. future research
methods. Preservation may also avoid conflict with
religious or cultural values of groups associated with
the site.
B. Avoiding damage may be accomplished by many approaches,
including:
1. Planning construction to miss archaeological
a sites;
2. Planning parks, greenspace, or other open space to
incorporate archaeological sites;
3. "Capping" or covering archaeological sites with a
layer of soil before building tennis courts, park-
ing lots, or similar facilities. Capping may be
used where:
a. The soils to be covered will not suffer
serious compaction;
b. The covering materials are not chemically
active;
c.` The site is one in which the natural
processes of deterioration have been
effectively arrested; and
d. The site has been recorded.
4. Deeding archaeological sites into permanent -
conservation easements.
III. If the Lead Agency determines that a project may affect an
archaeological resource, the agency shall determine whether
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
the effect may be a significant effect on the environment.
If the project may cause damage to an important
archaeological resource, the project may have -a signif icant
_ effect on the environment. For the purposes of CEQA, an
"important archaeological resource" is one which:
A. Is associated with an event or person of:
1. Recognized significance in California or American
history; or
2. Recognized scientific importance in prehistory.
B. Can provide information which is both of demonstrable
public interest and useful in addressing scientifically
consequential and reasonable archaeological research
questions,
C. Has a special or particular quality such as oldest,
best example, largest, or last surviving example of its
kind,
D. Is at least 100 years old and possesses substantial
stratigraphic integrity, or
E. Involves important research questions that historical
research has shown can be answered only with
archaeological methods.
IV. If an archaeological resource is not an important archaeo-
logical resource, both the resource and the effect on it
shall be noted in the Initial Study or EIR but need not be
considered further in the CEQA process.
V. If avoidance of the important archaeological resource is not
feasible, the Lead Agency should include an excavation plan
for mitigating the effect of the project on the qualities
which make the resource important under Section III.
A. If an excavation plan is prepared, it shall:
1. Be a brief summary of the excavation proposed as
part of a mitigation plan;
2. Be available for review only on a need -to -know
basis;
3. Not include the specific location of any
archaeological resources if the plan will be made
known to the general public.
B. An excavation plan may:
1. List and briefly discuss the important information
the archaeological resources contain or are likely
to contain;
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930630 lj A018B.SLH (0) RESOL. NO. 93-56
2. Explain. how the information should be recovered to
y be useful in addressing scientifically valid
research questions and other concerns identified
in subdivision (a);
3. Explain the methods of analysis and, if feasible,
display of excavated materials;
4. Provide for final report preparation and distri-
bution; and
5. Explain the estimated cost of and time required to
complete all activities undertaken under the plan.
C. The Lead Agency may require a mitigation plan to be
carried out as a condition of approval -of the project.
VI. A- public agency following the federal clearance process
under the National Historic Preservation Act or the National
Environment Policy Act may use the documentation prepared
under the federal guidelines in the place of documentation
called for in this appendix..
VII. Limitations on Mitigation.
Special rules apply to mitigating significant effects on
important archaeological resources.
A. If it is not feasible to revise the project to avoid an
important archaeological resource, the Lead Agency
shall require the project applicant to guarantee to pay
one half of the cost of mitigating the significant
effect of the project on important archaeological
resources.
1. In determining the payment to be required from the
applicant, the Lead Agency shall consider the in-
kind value of project design or expenditures
intended to permit any or all important archaeo-
logical resources or California Native American
culturally significant sites to be undisturbed or
preserved in place.
a. Consideration of in-kind values does not
require a dollar for dollar set-off against
the payment by the project applicant.
b. In deciding on an appropriate set-off, the
Lead Agency shall consider such factors as
whether the project design or expenditures
would provide other benefits to the applicant
and whether the design or expenditures
required special changes in the project
plans.
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930630 lj A018B.SLH (0) RESOL. NO. 93-56
2. When it decides to carry out or approve the
project, the Lead Agency shall, if necessary, At
reduce the mitigation measures specified in the
EIR to those which can be funded with:
a. The money guaranteed by the project
applicant, and
b. Money voluntarily guaranteed by any other
person or persons for the mitigation.
3. In order to allow time for interested persons to
provide a voluntary funding guarantee, the Lead
Agency shall not decide to carry out or approve a
project having a significant effect on important
archaeological resources until 60.days after com-
pleting the final EIR on the project.
4. In no event shall the Lead Agency require the
applicant to pay more for mitigation within the
site of the project than the following amounts:
a, One half of one percent of the projected cost
of the project, if the project is a
commercial or industrial project.
bo Three fourths of ,one percent of the projected
cost of the project for a housing project
consisting of one unit.
c. If a housing project consists of more than
one unit, three fourths of one percent of the
projected cost of the first unit plus the sum
of the following:-
$200
ollowing:
$200 per unit for any of the next 99
units,
(i i)
$150 per unit for any of the next 400
units,
$100 per unit for units in excess of
500.
B. Unless special or unusual circumstances warrant an
exception, the field excavation phase of an approved
mitigation plan shall be completed within 90 days after
the applicant receives the final approval necessary to
begin physical development of the project.
1. With a phased project, the mitigation plan shall
be completed within 90 days after approval is
granted for the phased portion to which the.
specific mitigation measures apply.
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
Z 7
2. The project applicant can elect to extend the time
limits for completing the f ield excavation phase
of the approved mitigation plan.
3. A mitigation plan shall not authorize violation of
any law protecting American Indian cemeteries.
Co. Excavation as part of a mitigation plan shall be
restricted to those parts of an important
archaeological resource that would be damaged or
destroyed,by the project unless special circumstances
require limited excavation of an immediately adjacent
area in order to develop important information about
the part of the resource that would be destroyed.
D. Excavation as mitigation shall not be required for an
important archaeological resource if the Lead Agency
determines that testing or studies already completed
have adequately recovered the scientifically
consequential information from and about the resource,
provided that the determination is documented in the
EIR.
E. The limitations on mitigation shall not apply to:
1. A public project if the Lead Agency decides to
comply with other provisions of CEQA that apply to
mitigation of significant effects, and
2. A private project if the applicant and the Lead
Agency jointly elect to comply with other provi-
sions of CEQA that apply to mitigation of signi-
ficant effects4p
F. The time and cost limitations described in this section
do not apply to surveys and site evaluation activities
intended to determine whether the project location
contains archaeological resources, and if so, whether
the archaeological resources are important as defined
in this appendix.
VIII. Discovery of Human Remains.
A. In the event of discovery or recognition of any human
remains in any location other than a dedicated
cemetery, there shall be no further excavation or
disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until:
1. The coroner of the county in which the remains are
discovered has been informed and has determined
that no investigation of the cause of death is
required, and
i
2. If remains are of Native American origin,
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930630 lj A0188.SLH (0) RESOL. NO. 93-56
a. The descendants from the deceased Native
Americans have made a recommendation to the
landowner or the person responsible for the
excavation work, for means of treating or
disposing of. -With appropriate dignity, the
human remains and any associated grave goods
as provided in Public Resources Code Section
5097.98 or
b. The Native American Heritage Commission was
unable to identify a descendant or the
descendant failed to make a recommendation
within 24 hours after being notified by the
commission.
B. Where the following conditions occur, the .landowner or
his authorized representative shall reinter -the Native
American human remains and associated grave goods with
appropriate dignity on the property in a location not
subject to further subsurface disturbance:
1. The Native American Heritage Commission is unable
to identify a descendant;
2. The descendant identified fails to make a recom-
mendation; or
3. 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.
C. If the human remains are discovered before the Lead
Agency has finished the CEQA process, the Lead Agency
shall work with the Native American Heritage Commission
and the applicant to develop an agreement for treating
or disposing, with appropriate dignity, of the human
remains and any associated grave goods. Action
implementing such an agreement is exempt from:
1. The general prohibition on disinterring, dis-
turbing, or removing human remains from any
location other than a dedicated cemetery (Health
and, Safety Code Section 7 0 5 0.5) .
2. The requirements of CEQA and the Coastal Act.
IX. As part of the objectives, criteria, and procedures required
by Section 21082 or as part of conditions imposed for
mitigation, a Lead Agency should make provisions for
archaeological sites accidentally discovered during
construction. 'These provisions should include an immediate
evaluation of the find. I f the find is determined to be an
important archaeological resource, contingency funding and a
time allotment sufficient to allow recovering an
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930630 1j A018B.SLH (0) RESOL. NO. 93-56
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archaeological sample or to employ one of the avoidance
, measures should be available. Construction work could
continue on other parts of the building site while
archaeological mitigation takes place.
e
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930630 lj A018B.SLH (0) RESOL. NO. 93-56
APPENDIX M
NOTICE OF EXEMPTION
TO: County Clerk
County of
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
Exempt Status: (Check One)
Ministerial (14 Calif. Admin. Code §15268)
Declared Emergency (14 Cal Admin. Code §15269 (
Emergency Project (14 Cal., Admin Code §15269(b) &
(c))
Statutory Exemption. (14 Cal. Admin. Code §§ 15260
et se .
Categorical Exemption. (14 Cal. Admin. Code
§§15300 et seg.) State class and section number:
r
Reasons why project is exempt:
Contact Person
Date Received for Filing:
Area Code Telephone Extension,
Signature
Title
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930630 lj A018B. SLH ( 0 ) RESOL. NO. 93-56
START 4-3 0 days ►
HERE
APPLICATION
RECEIVED (GC
65927 & 65928
APPENDIX N
TIME LIMITS FOR PRIVATE DEVELOPMENT PROJECTS
PUBLIC RESOURCES CODE (CEQA) & GOVERNMENT CODE
EFFECTIVE JANUARY 1, 1992
(project w/ EIR)
�. ONE YEAR ►
(plus 90 day extension*)
(project w/ N.D.)
SIX MONTHS ►
(plus 90 day extension*) COMPLETION AND CERTIFICATION
OF THE EIR. (PR 21151.5)
105 days ► CITY MUST APPROVE/DISAPPROVE
(plus reasonable extension*) PROJECT OR PROJECT IS DEEMED
APPROVED (GC 65950, 65950.11
30 days ► & 65957)
(plus 15 day CITY MUST APPROVE/
extension*) DISAPPROVE PROJECT
OR IT IS DEEMED
APPROVED (GC 65950
and 65957)
DETERMINATION OF WHETHER
AN APPLICATION IS COMPLETE COMPLETION OF NEGATIVE
(GC 65943) DECLARATION (PR 21151.5)
11
WRITTEN DETERMINATION
SENT TO APPLICANT
DETERMINATION OF WHETHER
A NEGATIVE DECLARATION OR
EIR IS REQUIRED (PR 21080.2)
1
NOTICE OF PREPARATION TO
RESPONSIBLE AGENCIES (IF EIR)
(PR 21080.4)
* Consent pf applicant required for any extension.
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.
Note: The approval or dis-
approval of a tentative
subdivision map must usually
occur within 50 days of the
notice of exemption, adop=
tion of a negative declara-
tion, or certification of an
EIR. (GC 66452.1)
10
Appendix 0
LIST OF STATUTORY EXEMPTIONS
The following is a partial list of statutory exemptions which
are available pursuant to the Public Resources Code S 21080 et sea,
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 of other available
exemptions. This list is provided for convenience, therefore if
there is any conflict between this list and ,state law, the state
law controls.
i. 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.
2. 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.
3. Activities or approvals pursuant to the California Coastal Act
by local governments which are necessary for the preparation
and adoption of a local coastal program pursuant to Division
20 of the Public Resources Code; provided, however, that
certification of a local coastal program by the California
Coastal Commission pursuant to Chapter 6 (commencing with
Section 30500) of Division 20 the Public Resources Code shall
not be exempt.
4. Adoption by a city or county of an ordinance to implement the
provisions of Sections 65852.1 or 65852.2 of the Government
Code.
5. 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.
6. 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 sea.
0-1 RESOL, NO. 93-56
930912 lsj A018BX.SLH (0)
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s
7. The adoption of a local ordinance exempting a jurisdiction
from solar shade control requirements pursuant to Section
25985 of the Public Resources Code.
8. Approval by a local agency of a large family day care home
providing family day care'for 7 to 12 children, pursuant to
Section 1597,46(b) of the Health & Safety Code*
91 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 project to develop reclaimed water, to
construct conveyance facilities for reclaimed water, or any
other project not specified in Section 13 554 (a ) of the Water
Code.
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930912 lsj A018BX. SLH ( 0 )
19
APPENDIX --P
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location Name and Address of Project Proponent
(include county):
Project Description:
Findings of Exemption (see attached findings):
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930912 lsj A018BX.SLH (0)
r V
IV 41'
,J
certification:
I hereby certify that the - lead agency has made the above
findings of fact and that based upon the Initial Study and hearing
record the project will not individually or cumulatively have an
adverse effect on wildlife resources, as defined in Section 711.2
of the Fish and Game Code. _
(Chief Planning Official)
Title:
L
Agency
Date
e a d
P-2 RESOL. NO. 93-56
930912 lsj A018BX. SLH ( 0 )
� v
w
V,
CERTIFICATE OF FEE EXEMPTION
Findings of Exemption
1. Project Title/Location Name and Address of Project Proponent
(include county):
2. Project Description:
3, An Initial Study, dated , has been conducted so
as to evaluate the potential for adverse environmental impact.
4. When considering the record as a whole, there is no evidence
before the agency that the proposed project will have potential for
adverse effect on wildlife resources or the habitat upon which the
wildlife depends, because:
5. On the basis 'of substantial evidence, the lead agency has
rebutted the presumption of adverse effect contained at Section
753.5(d), -Title 14 of the California Code of Regulations, because:
(1) No presumption arises because there is no evidence
the project will result in changes to the resources
listed at Section 753.5(d).
(2) Notwithstanding the presumption, the project does
not have the potential for adverse effect on fish
and wildlife resources or the habitat upon. which
the wildlife depends, because:
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930912 lsj A018BX.SLH (0)
44