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CC RES 1985-039S� COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) RESOLUTION NO. 85 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REPEALING RESOLUTION NOS. 83-74 AND 84" -_._ ADOPTING PRO- CEDURES IMPLEMENTING THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED 19830 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: Section 1. Resolutions No. 83 -74 and 84 -11 are hereby repealed. Section 2. In accordance with Public Resources Code Section 21082, the City Council hereby adopts the procedures attached hereto as its Guidelines for the consideration and evaluation of projects and the preparation of Environmental Impact Reports and Negative Declarations in compliance with the California Environmental Quality Act, as amended, and the Guidelines of the Secretary for the Resources Agency, as amended. it JO PURCELL, City' Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 85 -39 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 2, 1985. City Clerk, City of rancho Palos Verdes I. GENERAL, A. Use . These Guidelines, effective , 1985, 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 seq. ( "CEQA ") 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. B. Definitions. (1) Development Project. Development project means any project undertaken for the purpose of the fol- lowing: 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 (commencing with Section 66410 of the Government Code), 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; construction, reconstruction, demolition, or altera- tion 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 harvesting plan. "Structure" includes, but is not limited to, any building, road, pipe, flume, con- duit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. Development project does not include a permit to operate, a ministerial prof ct, or a change of organi- zation of a city or a municipal reorganization. (2) Discretionary Project. Discretionary project means an activity a ine as a project which requires the exercise of judgment, deliberation, or decision on the part of the public agency or body in the process of approving or disapproving a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations. A project having both ministerial and discretionary elements is deemed discretionary. (3) Environmental Impact Report (EIR). 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 -t -• Resol. 85 -39 EIR, pursuant to Sections IV.B. and IV.E. of these Guidelines. (4) Initial Study. Initial Study means a preliminary analysis prepared by the Lead Agency pursuant to Section II.C. of these Guidelines to determine whether an EIR or a Negative Declaration must be prepared. (5) Jurisdiction by Law. Any public agency which Ir- exercises authority over the resources which may be affected, and includes a city or county which is the site of the project. (6) Lead Agency. Lead Agency means the local agency (i.e., the City), which has the principal responsi- bility for carrying out or approving a project, and which shall prepare the environmental documents for a project. (7) Mitigation. Mitigation of environmental effects may include avoiding the effect by not taking a cer- tain action, limiting the effect, repairing or restor- ing the impacted environment, reducing the effects by preservation and maintenance operations during the life of the project, and /or compensating for the impact by replacing or providing substitute resources or environments. (8) Negative Declaration. Negative Declaration means a written statement by the Lead Agency briefly presenting the reasons why a proposed project will not have a significant effect on the environment and does not require the preparation of an EIR. (9) Project. 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 ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100 through 65700; (b) An activity undertaken by a person 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 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. -2- Resol. 85 -39 850319 mea 0037RBX t (10) Responsible Agency. Responsible Agency means a public agency, other than the Lead Agency, which has responsibility for carrying out or approving a project. (11) Significant Environmental Effect. Significant environmental effect means a substantial or poten- tially substantial, adverse change in any of the physical conditions within the area affected by the activity 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 signif icant effect on the environment if: (a) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; (b) 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 ef- fects 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 connection 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 significant effect on the environment are listed in Appendix "I ". (12) Trustee Agency. Trustee Agency means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. C. Exemptions From CEQA. The following projects are exempt from the require- ments of CEQA and do not require the preparation of an Initial Study, Negative Declaration, or EIR: -3- Resol. 85 -39 850319 mea 0037RBX 1 (1) All Ministerial Projects. These are projects for 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) All Categorical Exemptions. These are classes of projects which have been found by the Secretary for Resources not to have a significant effect on environment. A list of these exemptions is set forth in Appendix "C" of these Guidelines. (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 state of emergency has been declared by the Governor, 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, necessary 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) Proposition 13 adjustments. These include actions taken prior to January 1, 1982, by a public agency to implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article XIII A of the Cali- fornia Constitution. This exemption is limited to projects directly undertaken by any public agency or projects undertaken by a person which are supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies where the projects: (a) Initiate or increase fees, rates, or charges charged for any existing public service, program, or activity, or -4- Resol. 85 -39 850319 mea 0037RBX t IM E. F. (b) Reduce or eliminate the availability of an existing public service program or activity, or (c) Close publicly owned or operated facilities, or " (d) Reduce or eliminate the availability of an existing publicly owned transit service, program, or activity. (7) Activities and approvals by any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code). (8) The closing of a public school containing any of grades one (1) through twelve (12). (9) The restriping of streets and highways to relieve congestion of highways. (10) Projects less than one mile in length in any public street to install, maintain, repair, replace, restore, remove, relocate, re- condition, or demolish a pipeline. For'the purposes of this exemption "pipeline" includes only subsurface facilities and does not include any surface facility related to the subsurface facility. Application of CEQA 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. Submission of Data by Applicant. (1) The Lead Agency may require the 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, 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," must 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 approval power over the project. 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 project applicant. -5- Resol. 85 -39 850319 mea 0037RBX 1 (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 fee 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 by Resolution of the City Council, will be required to initiate an appeal of the Lead Agency's final adoption of the Negative Declaration under Section III.H of these Guidelines. II. THE PRELIMINARY REVIEW PROCESS. A. Receipt of Application. (1) No later than 30 calendar days after the 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 applica- tion is determined to be incomplete, the determination shall indicate how it can be made complete. A copy on the Status of Application form is provided as Appendix D to these Guidelines. (2) In addition to other considerations, an application may be determined to be incomplete if any necessary environmental information or data is omitted. Further, subsequent to an application being determined complete, an applicant may be required to amplify, correct or otherwise supplement the information provided with the application. (3) Where the following occurs, the Lead Agency o may deem an application for a project not receive filing until such time as progress towardcompleting i the required environmental documentation s sufficient to enable the lead agency to finish the required CEQ A review 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 specified 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. -6- Resole 85 -39 850319 mea 0037RBX 1 An example of a time period subject to this provision is action on a tentative subdivision map for which an EIR will be required. However if a negative declaration is being prepared, the map must be approved or disapproved within the 50 day limit plus the time allowed for an appeal or mutually approved extension as set forth in the Subdivision Map Act B. Determination of Exemption. A determination shall first be made by Staff as to whether the activity, if within the definition of a "project," is exempt from the requirements of CEQA because it is exempt under Section I.C. of these Guidelines. C. Initial Study. (1) General. If the project is subject to the requirements of CEQA, Staff shall conduct an Initial Study to determine if the project may have a significant effect on the environment, unless Staff can determine that the project will clearly have a significant effect. Even when it is clear from the outset that aproject may have a significant effect, staff may decide to prepare an initial study to enable the applicant to modify a. project and mitigate adverse i. impacts and /or to assist n preparation of the-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. (c) Assist the preparation of an EIR on the effects determined to be significant. 1. Focusing the EIR on the effects determined to be significant. 2. Identifying the effects determined not to be significant, 3. Explaining the reasons for determining that potentially significant effects would not be significant. (d) Facilitate environmental assessment early in the design of a project. (e) Provide documentation of the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment; (f) Eliminate unnecessary EIRs. -7- Resol. 85 -39 850319 mea 0037RBx 1 (g) Determine whether a previously prepared EIR can be used for the project and /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 Applicant. (a) As soon as it has been determined that an initial study is to be prepared, the lead agency shall consult informally with all responsible agencies, trustee agencies and jurisdictions by law 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 the significant effects identified in the study. (c) A project may be revised in response to an Initial Study so that potential adverse effects are eliminated or reduced to a point where no significant environmental effects would occur. In that case, a Negative Declaration shall be prepared instead of an EIR. The mitigation should be in the form of changes in the project's plans or a firm commitment in writing from the applicant to implement the mitigation measures. If, however, the project would still result in one or more significant effects on the environ- ment after mitigation measures are added to the project, an EIR shall be prepared. (4) Contents. The Initial Study shall contain the following information in brief form: (a) A description of the project including 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. D. Determination Whether an EIR Is Required. r The determination whether an EIR or a Negative Declaration is required should be prepared for the -g- Resol. 85 -39 850319 imea 0037RBX 1 project must be made within thirty (30) days of accepting an application as complete, 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: (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 the public review would avoid the effects or mitigate the effects to a point where clearly no significant effect would occur, and (b) There is no substantial evidence before the Lead Agency that the project as revised may have a significant effect on the environment. B. Contents. A Negative Declaration must be written and shall 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 (3) A finding that the project will not have a significant effect on the environment; (4) An attached copy of the Initial Study documenting reasons to support the finding; and (5) Mitigation measures, if any, included in the project to avoid potentially significant effects. 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, in addition, be given to the public by at least one of the following procedures: (1) Publication, at least one time as required by Section 6061 of the Government Code, by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or -9- Resol. 85 -39 850319 mea 0037RBX i (2) Posting of notice by the Lead Agency on and off site in the area where the project is to be located; or (3) Direct mailing to owners of property contiguous to the project, as shown on the latest equalized assessment roll. D. Public Review Period. The proposed Negative Declaration shall be made available to the public for at least ten (10) days from the date that the notice is published, posted and /or mailed prior to its final approval in order to provide an opportunity for members of the public to respond to the finding. This public review period shall be extended 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. E. Review by Other Public Agencies. The Lead Agency shall consult with all Responsible Agencies, Trustee Agencies and Jurisdictions by Law prior to approving - theNegative Declaration, and a copy of the public notice and proposed Negative Declaration must be sent to all such agencies. F. Review by State Clearinghouse. If a project is determined to be of statewide, regional or areawide significance, pursuant to the criteria in Appendix K of these Guidelines, or if one or more state agencies is a Responsible Agency or Trustee Agency, the Negative Declaration must be submitted to the State Clearinghouse and should be submitted to the Southern California Association of Governments (SCAG) for review and comment. G. Final Approval/Findin Prior to approving the project the decision - making body shall consider the Negative Declaration and any comments received from the public or from Trustee Agencies, Responsible Agencies, and Jurisdictions by Law during the public review period and approve or disapprove the Negative Declaration. Where mitigation measures eliminating significant effects are incor- porated 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. H. Appeal of Final Approval. Within ten (10 ) days after the final approval of a Negative Declaration by the Planning Director this decision may be appealed in writing to the Planning Commission. Within ten (10) days after the final approval of a Negative Declaration by the in Commission this decision may be appealed n writing to the City Council. An appeal fee will be required pursuant to Section I.F.(4) of these Guidelines. -10- Resol. 85 -39 850319 area 0037RBX 1 I. Notice of Determination. After making a decision to carry out or approve the project for which a Negative Declaration has been prepared, the Lead Agency shall file a Notice of Determination, as provided for in Section V.C. of these Guidelines. J. Time Limit. For a private project involving a lease, license, permit, certificate or other entitlement for use, a Negative Declaration must be completed within 105 days from the day the application is determined to be complete and the project must be approved or disapproved within six (6) months from the date the application is complete, except that the negative declaration for a tentative map must be completed and the map must be approved or disapproved within the time limits set forth in the Subdivision Map Act. A reasonable extension may be granted where justified and the applicant consents. 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 pro- ject may have a significant effect on the environment, the Lead Agency must prepare or cause to be prepared an Environmental Impact Report. (2) In addition, and by way of explanation, an EIR should be prepared whenever either or both of the following occurs: (a) It can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment; (b) There is substantial evidence of a serious public controversy concerning the environmental effect of a project. (3) Notice of Preparation. Immediately after deciding that an EIR is required, the Lead Agency shall send by certified mail, or other method providing a record, to each Responsible Agency, Trustee Agency, and Jurisdiction by Law, a Notice of Preparation, as provided for in Section V of these Guidelines. Said agencies 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. (4) Early Consultation. Prior to completing a draft EIR, the Lead Agency may consult with any persons or organizations it believes may be concerned with the environmental impacts of the project. The Lead Agency shall consult with an expert designated by the applicant for a private development project provided -ll- Resol. 85 -39 850319 mea 0037RBX 1 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. B. Preparation of the Draft EIR. If the Lead Agency decides that an EIR will be required for a project, it shall follow the procedures below. (1) General: (a) The Lead Agency may choose one of the following arrangements or a combination of them for preparing a draft EIR. 1. Preparing the draft EIR directly with its own staff. 2. Contracting with another entity, public or private, to prepare the draft EIR. 3. Accepting a draft prepared by the applicant, a consultant retained by the applicant, or any other person. 4. Executing a third party contract or memorandum of understanding with the applicant to govern the preparation of a draft EIR by an independent contractor. 5. Using a previously prepared EIR. (b) Before using a draft EIR prepared by another person, the Lead Agency shall subject the draft EIR to the Agency's own review and analysis. The draft EIR which is sent out for public review must reflect the independent judgment of the Lead Agency. The Lead Agency is responsible for the adequacy and objectivity of the draft EIR. (c) An EIR shall contain at least a table of contents or an index to assist readers in finding the analysis of different subjects and issues. (d) An EIR shall contain a brief summary of the proposed actions and its 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 3. Issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects. (e) The information contained in an EIR shall include summarized technical data, maps, plot -12- 850319 mea 0037RBX 1 Resol. 85-39 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. (f) The EIR should be prepared using a systematic, interdisciplinary analysis, but no single discipline shall be designated or required to undertake this evaluation. (g) The EIR shall reference all documents used in its preparation and can incorporate any document by reference. The EIR shall state where the incorporated document will be available for inspection. (h) An EIR prepared for a general plan may be used as the foundation document for subsequent EIRs prepared for specific projects within the geographic area covered by the general plan. (2) Contents. A Draft EIR should be less than 150 pages in cases and shall contain the following information: (a) Description of Project. A description of the project including the following but only in sufficient detail necessary for 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. Ageneral description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals and supporting public service facilities. 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. (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. The EIR shall discuss any inconsistencies between the proposed project and applicable general and regional plans. -13- Resol. 85 -39 850319 mea 0037R9x 1 (c) Cumulative Impacts. The change in the environment which will result from the incremen- tal impact of the project when added to other, closely related past, present, and reasonably foreseeable future projects in the region shall be discussed when found to be significant. Also included must be a list of such related projects and a summary of their expected environmental effects. (d) Environmental Impact. All phases of a project must be considered when evaluating its impact on the environment: planning, acquisi- tion, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. The information required by Paragraphs 5 and 5, however, need-be included only in EIRs prepared for the following: the adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; the adoption by a local agency formation commission of a resolution making determinations; or, a project requiring an EIS under the National Environmental Policy Act of 19699 1. The significant environmental effects of the proposed project, including both direct and indirect and short and long term significant effects of the project. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. 2. Any significant environmental effects which cannot be avoided if the proposal is implemented, including those which can be reduced to an insignificant level but not eliminated, 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 shall include identification of the mitigation measures which will eliminate such impacts or reduce them to a level o f 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 shall be considered in deciding whether changes in a project are feasible to reduce -14- Resol. 85 -39 850319 mea 0037R8x 1 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. Archeological impacts must be considered and should be avoided or mitigated as set forth in Appendix L to these Guidelines. b. Alternatives to the proposed action including all 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" must also always be evaluated, along with its impact. The discussion shall focus on alternatives capable of eliminating or reducing significant adverse environmental effects. If the environmentally superior alternative is "no project," the Ella shall identify an environmentally superior alternative among the other alternatives. 7. ' The relationship between local short - term uses of man's environmental and the maintenance and enhancement of long -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. S. Any significant irreversible environ- mental changes which would be involved in the proposed action should it be implemented including irreversible uses of nonrenewable resources, and irreversible commitments to future uses. 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 indirectly, in the surrounding environment. 10. A statement briefly indicating the reasons why various possibly 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 consulted in preparing the EIR, and the identity -15- Resol. 85 -39 850319 mea 0037RBX t A of the persons, firm or agency preparing the EIR, by contract or other authorization. (f) Water Quality Aspects. Describe in the "environmental setting" section, and other sec - tions where applicable, water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards. C. Public Review of Draft EIR. (1) Consultation. After completing a Draft EIR, the Lead Agency shall consult with and obtain comments from all Responsible Agencies, Trustee Agencies and other state /federal agencies having Jurisdiction by Law with respect to the project and should consult with persons or agencies having special expertise with respect to any environmental impact involved. (2) Notice. The Lead Agency shall provide public notice of the completion of the Draft EIR and at the same time send a Notice of Completion to the Resources Agency pursuant to the procedure in Section V of these Guidelines. Public notice shall be given to all organizations and individuals who have previously requested such notice and shall, in addition, be given by at least one of the following procedures: (a) Publication, no fewer times than required by Section 6061 of the Government Code, by the Agency in a newspaper of general circulation in the area affected by the project; or (b) Posting of notice by the Agency on and off site in the area where the project will be located; or (c) Direct mailing to owners of property contiguous to the property. (3) Public Review Period. In order to allow the general public sufficient opportunity to comment, the Draft EIR shall be made available to the public for review and comment for at least thirty (30) days but not longer than ninety (90) days after notice of the Draft EIR. For EIRs submitted to the State Clearinghouse for review, the public review period will in most cases be at least forty five (45) days. (4) State Clearinghouse. The Lead Agency shall use the State Clearinghouse whenever it distributes the EIR to state agencies for review. Further, if a project is determined to be of statewide, regional or areawide significance, pursuant to the criteria in Appendix K of these Guidelines, the EIR must be sub - mitted to the State Clearinghouse and should also be submitted to the Southern California Association of Governments (SCAG) for review and comment. -16 Resol. 85 -39 850319 mea 0037RBX 1 (5) The Draft EIR will be available for review at the offices of the Department of Environmental Services and at the public libraries in the City of Rancho Palos Verdes. (5 ) If significant new information is added to a draft EIR after public notice thereof and after consultation with responsible agencies and jurisdic- tions by law and before certification of the final EIR, a new notice and reconsultation shall be required. D. Evaluation of Comments by Lead Agency. Staff shall evaluate comments received from persons organizations, and public agencies who reviewed the Draft EIR and shall be responsible for a response in writing to significant environmental points raised by such persons and organizations. 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 and recommendations received on the Draft EIR either verbatim or in summary; (c) A list of persons, organizations and public agencies commenting on the Draft EIR; and (d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process, which may be in the form of a revision of the Draf t EIR - or an attachment to it. Any major issues raised when the comments are at variance to -,the Lead Agency's position must 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. The Lead Agency shall certify that the Final EIR has been completed in compliance with CEQA and the'State Guidelines and 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 approval of the project. This certification may be done by Staff. (3) Time Limit. For a project involving a lease, license, permit, certificate, or other entitlement for use, the Lead Agency shall complete and certify, an EIR within one year from the date on which the application was determined to be complete. A reasonable extension may be granted where justified and the applicant consents, provided that if such extension is granted, the project must be approved or disapproved within ninety (90 ) days after certification of the final EIR, -17- Resol. 85 -39 850319 mea 0037RBX 1 and provided that a tentative ve map must be approved or disapproved within 45 days after certification of the final EIR. F. Decision Whether to Approve or Carry Out 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 signifi- cant effect on the environment, or (2) The Lead Agency has: (a) Eliminated or substantially lessened all significant effects on the environment where i feasible as shown n findings pursuant to Section IV G of these Guidelines; and (b) Determined that any remaining significant effects on the environment found to be unavoid- able are acceptable due to overriding concerns pursuant to Section IV H of these Guidelines. G. Findings. The Lead Agency shall not approve or carry ° roject for which an EIR has been completed is iwhich identifies one or more significant environmental effects unless the decision - making body makes one or more of the written findings listed belot shall he record. be supported by substantial evidence in he significant (A finding shall be made for e- of accompanied b a effects identified, and shall be acco pin Y statement of facts supporting such finding.) t 1 Changes or alterations have been required in, or ) incorporated into, the project which mitigat as o avo id the significant environmental effects thereof identified in the Final EIR. (2) Such changes or alterations are within P the responsibility and jurisdiction of another public agency and not the agency making the finding. Such can changes have been adopted by such other agency or r r and should be adopted by such other agency. has finding shall not be made if the Lead Agency a concurrent jurisdiction with another agency to deal with identified, feasible mitigation measures or alternatives). 3 Specific economic, social, or other considera- tions make infeasible the mitigation measures or project alternatives identified in the Final EIR. E. _Statement of Overriding Considerations. Where the decision to approve a project allows the occurrence 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 -18- Resol. 85 -39 850319 mea 0037RBX 1 IV. G. (2) and (3) above), the decision- making body must make a written statement of the overriding considerations supporting its decision, based on the Final EIR and /or other information in the record. Any such statement should be included in the record of the project and mentioned 'in the Notice of Determination. V. FILINGS REQUIRED BY CEQA. A. Notice of Preparation. Immediately after deciding that an EIR is required for a project, the Lead Agency shall, by certified mail or other method which provides a record, send each Responsible Agency, Trustee Agency and Jurisdiction by Law 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. When one or more state agencies is aResponsible Agency and /or when a project is determined to be of statewide concern, a copy shall be sent to the State Clearing- house. The Notice shall include the description and location of the project (by address or map) and the probable environmental effects of the project. The form for this Notice is provided for in Appendix E of these Guidelines. B. Notice of Completion. As soon as the Draft EIR is completed, a Notice of Completion must 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. 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 must 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; (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 -19- Resol, 85 -39 $50319 mea 0037RBX 1 4 Agency must 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, in its approved form, will have a significant effect on the environment. (e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; (f) Whether mitigation measures were made a condition of the approval of the project; (g) Whether a statement of overriding considera- tions was adopted for the project; and (h) The address where a copy of the EIR and the record of project approval may be examined. (3) The above Notices of Determination must be filed with the County Clerk of the county or counties 5 in which the project would be located within f () working days of approval of a project. The County Clerk will return the Notice after posting with aotice notation showing the dates of postings and this N shall be retained by the Lead Agency for at least nine (9) months. If the project requires discretionary be approval from a state agency, the Notice shall filed with the office of Planning i and Research. Th= form for the Notice of Determination s provided fo 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 limitations on court challenges to the Lead Agency's 6 approval under CEQA. (Public Resources Code S21167.) 1 -20- Resol. 85 -39 850319 mea 0037RBX t APPENDDC A CSQA PROCESS FLOW CHART Respond to Notice of Pre- paration as to contents of draft EIR Comments an adequacy of draft EIR or Negative Consultation Declaration final EIR or Negative Declaration prepared by lead agency Findings on feasibility of reducing or avoiding significant environ- mental effects Lead agency sends Notice of preparation to responsible agency T_ Lead agency prepares draft EIR Lead agency files Notice of Com- pletion and gives public notice of availability of draft EIR Public review period Lead agency prepares final EIR including responses to comments an draft EIR ideration and approval of final EIR by decision making body Findings on feasiblity of reducing or avoiding significant environ- mental effects Lead agency gives public notice of availability of Negative Declaration Public review period Consideration and approval of Negative Declaration by decision making body Oecision on proiectl Public agency determines State agencies Local ies 7 File Notice of File Notice of State agencies Luca! agencies File Notice of File Notice of Determination with whether the activity is a Determination with --- Not a project -- — — — — — County Clerk "project" County Clerk "Ject I Public agency determines u — Statutory exemption — — — Categorical the project is exempt ___. exemption Not a pt , I Public agency evaluates project to determine if there is a possibility — No possible significant that the project may have a sig- effect nif icant effect on environment • No further action Possible significant effect required under CEQA Determination of lead agency where more than 1 public agency is Involved Responsible agency Lead agency. Z_ ......................... Lead agency prepares initial Respond to informal ultation study consultation Lead agency decision to prepare EIR or Negative Declaration EIR Negative Declaration Respond to Notice of Pre- paration as to contents of draft EIR Comments an adequacy of draft EIR or Negative Consultation Declaration final EIR or Negative Declaration prepared by lead agency Findings on feasibility of reducing or avoiding significant environ- mental effects Lead agency sends Notice of preparation to responsible agency T_ Lead agency prepares draft EIR Lead agency files Notice of Com- pletion and gives public notice of availability of draft EIR Public review period Lead agency prepares final EIR including responses to comments an draft EIR ideration and approval of final EIR by decision making body Findings on feasiblity of reducing or avoiding significant environ- mental effects Lead agency gives public notice of availability of Negative Declaration Public review period Consideration and approval of Negative Declaration by decision making body Oecision on proiectl IDedsion on Project State agencies Local ies 7 File Notice of File Notice of State agencies Luca! agencies File Notice of File Notice of Determination with Determination writh Determination with Determination with Secretary for Resources County Clerk Secretary for Resources County Clerk NOTE: This flow chart is intended merely to illustrate the EIR process contemplated by these Guidelines. The language contained In the Guidelines controls in can of discrepancies. 293 -21- Resol. 85 -39 APPENDIX B ENVIRONMENTAL INFORMATION AND CHECKLIST FORM (Initial StudY) No Date Submitted: 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: other related permits and other public 4. List and describ e an y • his ro&ect, including those required by city, approvals required for t P regional, state and federal agencies: 5, Existing zoning district: 6, Proposed use of site {Project for which this form is f iled� PROJECT DESCRIPTION 7, Site size: g, Square footage: 91 Number of floors of construction: 10. Amount of off - street parking provided: _22_ Resol. 85 -39 11. 12, 13. 14. (Attach plans.) Proposed scheduling: Associated projects: Anticipated incremental development: 15. If residential, indicate the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected: lb. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -23- 850427 j1w 0070 Rex Resol. 85 -39 19. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required: ENVIRONMENTAL SETTING 20. On a separate page, describe the project site as it exists before h soil stability, the project, including information on topgoraPal�or scenic aspects. � plants and animals, and any cultural, his and the use of the Describe any existing structures on the structures. Attach photographs of the s ite. 21. On a separate page, a e, 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 } scale of • , intensity land use, an development (height, frontage, set -back ear yard, etc. ). Attach photographs of the vicinity. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 22. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures. - b. Disruptions, displacements, com- paction or overcoveri.ng 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. - f. Changes in deposition or erosion of - beach sands, or changes in siltation, de- position osition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake. - P 9• - Exposure of people or property to geologic hazards such as earthquake t landslides, mudslides, ground failure, or similar hazards? -24- 850427 jl« 0070 RBX Resol. 85 -39 YES MAYBE NO 23. 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? 24. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, 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 of flow of flood waters? 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? 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? 25. Plant Life. Will 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 of plants? b. A reduction of the numbers of any unique, rare or endangered species of plants? -25- Resol. 85 -39 850427 jiw 0070 RBX 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? 25. 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 shellfish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 27. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 28. Light and Glare. Will the proposal produce new light or glare? 29. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 30. 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? 31. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemi- cals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? _2h- 850427 jiw 0070 RBX YES 14AYBE NO Resol. 85 -39 YES MAYBE NO 32, Population. Will'the proposal alter the location, distribution, density, or growth rate of the human population of an area? 33. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 34. 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? 35. 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? 36. 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? 37. Utilities. Will the proposal result in a need or new systems, or substantial alterations to the following utilities: a. Power or natural gas? -27- Resol. 85 -39 850427 jtw 0070 RBX YES MAYBE NO b. Communications systems? C. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 38. 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? T 39. 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? 40. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 41. 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 pre - historic or historic building, structure, or object? c. Does the proposal have the potential 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? 42. Mandatory Findings , of Significance. a. Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? -28- Resol. 85 -39 850427 i 1 w 0070 RBX YES MAYBE NO b. Does the project have the potential to achieve short -term, to the disadvan- tage of long -term environmental 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.) C. Does the project have impacts which are individually limited, but cumulative- ly considerable? (A project may impact on 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 environmental effects which will cause substantial adverse effect on human beings, either directly or indirectly? 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) -29- Resol. 85 -39 850427 j1« 0070 Rax DISCUSSION OF ENVIRONMENTAL EVALUATION AND DETERMINATION DISCUS y _ be attached) (To be completed by the Lead Agency On the basis of this initial evaluation: he proposed project COULD NOT have a significant effect on the e I find t pnvpronment, and a NEGATIVE DECLARATION will be prepared. I fi nd that although the proposed project could have a significant effect on the environment, there will not measures g �i nificant effect in this case because the mtoathe roject. described significant an attached sheet have been added A NEGATIVE DECLARATION will be prepared. nd the proposed I f l • e project MAY have a significant effect on p the environment, and an ENVIRONMENTAL IMPACT REPORT is required- Date (Signature) For (Lead Agency) -30- Resol. 85 -39 850427 p w 0070 RBX APPENDIX C LIST OF CATEGORICAL EXEMPTIONS Note: A categorical exemption may not be used for an activity where there is a reasonable possibility that the activi- ty will have a significant effect on the environment due to unusual circumstances. Class 1: Existing Facilities. Class 1 consists of the oper- ation,, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical 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; (e) Additions to existing structures provided that the addi- tion will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition or 2500 square feet, whichever is less; or ( 2 ) 10, 000 square feet if: (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 topo- graphical features including navigational devices; (g) New copy on existing on and off - premise signs; (h) Maintenance of existing landscaping, active growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); -31- Resol. 85 -39 M Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices streamflows, springs and waterholes, and stream cha nnels clearing of debris) to protect fish and wildlife re sources. (7) 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 are of. listed in this subsection except where the struc historical, archaeological or architectural significance: 9 (1) Single family residences not in conjunction with the demolition of two or more units, 2 Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures, 3 Stores, offices, and restaurants if designed for on occupant load of 20 persons or less, f not in conjunct with the demolition of two or more such structures, () 4 Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. P (m) u Minor re air and alterations to existing dams and amerte- ut of nant structures under the supervision of the Depart 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 type ownership. Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facili- • the new structure will be located on the same site as ties where the structure replaced and will have substantially the same no pur- pose se and capacity as the structure replaced., including limited to: (a) Replacement or reconstruction of existing schools and itals to rovide earthquake resistant structures which do hosp P not increase capacity more than 50$0 of a commercial structure with a new structure (b) Replacement of substantially the same size, purpose and capacity. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (d) Conversion of overhead electric utility distribution system facilities to underground, including connection to existing overhead electric utility distribution lines where the the o prior to surface is restored to the condition existing p undergrounding. —32— 850428 jiw 0071RBX Resole 85 -39 Class 3: New Construction or Conversion of Small Structures. Class 3 consists o ,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 within a two -year peri6d. Examples of this exemption include, but are not limited to: (a) Single family residences not in conjunction with the building of two or more such units. In "urbanized areas ", up to three single - family residences may be constructed under this exemption. (b) Apartments, duplexes and similar structures with not more than four dwelling units if not in conjunction with the building of two or more such structures. In "urbanized ares," 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 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 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 4 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 extensions of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. As used herein, the term "urbanized areas" means a central city or a group of contiguous cites with a 1970 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 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations 1n 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 wetland, in an officially designated (by Federal, State or local governmental action) scenic area, 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. -33- Resol. 85 -39 850428 jiw 0071RBX (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or production in improvement of fis h P ion facilities which res or greater fish habitat for f ish and wildlife resources 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 hin and backfilling where the surface is restored. • dredging where the spoil is deposited in a (g) Maintenance authorized by all applicable state and federal spoil area aut regulatory agencies. Y (h) The creation of bicycle lanes on existing rights -of -way.. Class 5: Alterations in Land Use Limitations. Class 5 consists • ions in land use limitations in areas withlesse of minor alterations e which do not result in any changes in land than a 20� sloCludin but not limited to: or density, including (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. • acreage in accordance with the Subdivision Map (c) Reversion to acr g Act. ` ollection. Class 6 consists of basic data Class 6: Information C ' xperimental management and resource collection, research, e which do not result in a serious or major evaluation activities These may be for disturbance to an environmental resource as part of a study strictly information gathering agency has not yet approved, leading to an action which a 9 adopted or funded. • Re ulator Agencies for Protection of ula- Class 7: Act ions lr es. Class 7 consists of action taken by to Natural Resources.- by state law or local ordinance tory agencies as • nce restoration, or enhancement of a natural assure the maintenance, process involves procedures for resource where the regulatory environment. Examples include but are not protection of the limited to wild preservation reservation activities of the StatDepartment of Fish and Game. Construction activities are not included in this exemption. • e ulator A encies for Protection of the Class a: Actions ti R s 6 consists o actions taken by regulassure Environment. Class by state or local ordinance, to a agencies, as authorized protection of the Maintenance, restoration, enhancement:nvoles procedures for the rocess i environment where the regulatory activities are not protection of the environment. included in this exemption. • lass 9 consists of activities limited Class 9: Inspections. C performance of an operation, entirely to inspection, to check for ject, including related or quality, health or safety of a pro? misre- uch as inspection for possible mislabeling, activities s presentation or adulteration of p roducts. -34- Resol. 85 -39 850428 jiw 0071RBX Class 10: Loans_. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or insti- tutional 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 interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Sections 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if: (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any of the following conditions exist: (1) The property is of such size or shape 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 -35- Resol. 85 -39 850428 jiw 0071RBX • than 25% or ten classrooms, whichever is less* capacity by more of ratable classrooms is included in this exem The addition Po tion. Class 15: Minor Land Divisions. Class 15 consists of the ert in ur ani.zed areas zoned for residential, the ivision of �r�r Y • 1 or industrial use into four or fewer parcels when division commercial, conformance with the General Plan and zonings no division is in • exce tions are required► all services an thee parcel variances or P P parcels to local standards are available, the the proposed Pa parcel within was not involved in a division of a larger a slope greater previous 2 years, and the parcel does not areas" see Class 30 than 20$. For definition of "urbanized Class 16: Transfer •f Ownership of Land in Order to Create •n p Class 16 cons fists of the acquisition or sale of land i • ark where the land is in a natural condi- order to establish a p historic sites or archaeological sites an tion or contains either: (a) The management p lan for the park has not been prepared, or poses to keep the area in a natural (b) The management plan p ro P • • serve the historic or archaeological site. condition or pre plan is proposed that will CEQA will apply when a management p change the area from om its natural condition or sign change the historic or archaeological site. Class 17 consists s 17: en S ace Contracts or Easements. ves, the making and Class agricultural rrese of the establishment o a9 renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain t open space character of the area. The cancellation of surfed* preserves, contracts, interests or easements is not included Class 18: Desi nation of Wilderness Areas. Class 18 consists of the gnation of wilderness areas under the California Wllder- desi ,ness System. Class 19: Annexations of Existin Facilities and Lots for Exempt • 19 consists of only the following annexations: Facilities. Class • a city or special district of areas to A- (a) Annexations to y private structures developed con- taining existing public or p re- zoning of density allowed by the current zoning or Pwhichever is the either the g or losing governmental eith gaining ive, rovided, however, that the extensve o utility service nao more restrict s to the existing facilities would ha capacity to serve only the existing facilities. • individual small parcels of the minimum - (b) Annexations of. ies exempted by Section 15103, New Con size for facillt struction of Sma ll Structures. Class 20: Chan es in O r anization of Local A encies. Class 20 consists of changes in the organization or reorganization of he al agencies where the changes do not change local government 9 powers a area in which previously existing er geographical exercised. Examples include but are not i (a) Establishment of a subsidiary district. (b) Consolidation of two or more districts having identical powers —36— Resole 85 -39 850428 jlw 0071RBX r - (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 regulatory agency or 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 enforce- ment. (b) The adoption of an administrative decision or order enforc- ingor revoking the lease, permit, license, certificate, 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 termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to: (a) Development of or changes in curriculum or training methods. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Class 23: Normal Operations of Facilities for Public Gatherings. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose. 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: -37- Resol. 85 -39 850x28 jlw 0071%X (a) Acquisition of ,areas to preserve the existing natural conditions. ( b ) Acquisition of areas to allow continued agricultural use of the areas. (c) Acquisition to allow restoration of natural conditions. (d) Acquisition to prevent encroachment of development into flood plains. • Acquisition of Housing, Housin Assistance Class 26. a redevelopme Programs Class 26 consists of actions by agency to implement an 9 . public g agency, housing authority, or other acquiring an interest in adopted Housing Assistance Plan s ma qbe either in existence or housing units. The housing units may 'be al required uired permits for construction when the agency q makes its final decision to acquire the units. 'n New Facilities. Class 27 consists of the vate- Class 27. Lease previously unoccupied pre leasing of a new constructed °state agency where the local 1y -owned facility by a local O1 at the building was exempt from governing authority determined thction, the proposed use of the CEQA. To be exempt under this se facility: • plans and (a) Shall be in conformance with existing State ecific plans for policies and with general, community, and s been repared, which an EIR or Negative Declaration h 'all the same as that originally proposed at the time the 9 (b) Shall be substantially permit was issued, (c) Shall not result in a traffic increase of greater than 10% of front access road capacity, and de the provision of adequate employee and visitor parking (d) Shall include facilities. Examples of Class 27 include but are not limited to: administrative offices in newly constructed (1) Leasing of office space • client service offices in newly constructed (2) Leasing of cl retail space • dministrative and /or client service offices (3) Leasing of a ted industrial p arks. in newly construc Hydroelectric Projects at Existin Facilities.n Class 28; Small H d e installation of hydroelectric generate g Glass 28 consists of th • nnection with existing dams, canals, and facilities in co pipelines where: ' of the generating facilities is less than (a) The capacity 5 megawatts. n of the generating facilities will not change (b) operation pipeline the flow regime in the affected stream, canal, or p p including but not limited to: (1) Rate and volume of flow, -38- 850428 jaw 0071RBX Resol, 85 -39 (2) Temperature, (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and (4) Timing of releases. (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 existing upstream or downstream passage of fish. (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 "-I- 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and (2) Comply with all applicable state, federal, and local air quality laws. (b) At commercial and institutional facilities, the installa- tion 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 adjacent to other commercial or institutional structures. 850428 jlw 0071%% -39- Resol. 85 -39 APPENDIX D STATUS OF APPLICATION APPLICATION NO. DATE REC'D.: _ APPLICANT: REPRESENTATIVE: Location of Project: Pursuant to State Law the City's staff has completed a preliminary review of the application noted above and finds that the information submitted is: Generally complete to begin processing the application. (The date indicated below is the date on which the application is deemed to be complete.) Please note that the City may properly require further information in order to If the City clarify, amplify, correr otherwise supplement existing or future data. y requires suchpadditional information, it is strongly su 99 ested that you supply same in a timely manner in order to avoid any delay in the processing of the application. Not com lete and has been held in abeyance due to certain. p__ missing information and /or a failure to comply with certain requirements. The missing information and /or requirements are listed below, and must be supplied and /or complied with before your application can be deemed complete. For fur- ther information please call Additional Information /Requirements: Staff Signature Date -40- Resol. 85 -39 850429 Pf 0072RBX APPENDIX E NOTICE OF PREPARATION TO: FROM: (Responsible Agency) (Lead Agency) (Address) (Address) SUBJECT: Notice of Preparation of a Draft Environmental Impact Report The 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 Z= is, Z= is not, attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this notice. Please send your response to at the address shown above. We will need the name of a contact person in your agency. PROJECT TITLE: PROJECT APPLICANT, IF ANY: DATE Reference: Signature Title Telephone California Administrative Code, Title 14, Section 15082. -41- Resol. 85 -39 850429 pf 0072RBX APPENDIX F To: Office of Planning and Research State of California 1400 Tenth Street Sacramento, Califo rnia 90815 NOTICE OF COMPLETION Project Title Project Location - Specific Project Locat ion - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Perio Contact Person Area Code Phone Extension _42_ Resol. 85--39 850429 Pf 0072FtBx Mail to: State Clearinghouse, 14090 Tenth Street, Rm. 121, Sacramento, CA 95814 - 916/445 -0613 See NOTE Below 11 Project Title: 2, Lead Agency: _ 3a. Street Address 3c. County: SCH 0 NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT FORM 3. Contact Person: 3b. City: 3d. Zip: 3e. Phone: PROJECT LOCATION 4, County: 4a, City/Community: 4b. (optional) Assessor's Parcel No. 4c. Section Aesthetic/Visual Twp. Range Jobs/Housing Balance 17 _Solid Waste For Rural, 02 5a. Cross Streets: _Minerals 5b, Nearest Community: 6, Within 2 miles of: a. State Hwy. No, b. Airports _Air Quality C. Waterways 7. DOCUMENT TYPE 8, LOCAL ACTION TYPE 10. DEVELOPMENT TYPE _Archaeological/Historical CEQA 01 General Plan Update 01 Residential: Units Acres 01 NOP 02 New Element 02 Office: Sq, Ft, 02 Early Cons 03 General Plan Amendment Fire Hazard Acres Employees 03 Neg Dec 04 Master Plan 03 Shopping/ 04 Draft EIR 05 Annexation Commercial: Sq, Ft, 05 Supplement/ 06 Specific Plan _Soil Erosion Acres Employees Riparian Subsequent EIR 07 Redevelopment 04 Industrial: Sq, Ft, (if so, prior SCH 0) 08 Rezone Acres Employees 09 _ Land Division 05 Sewer: MGD (Subdivision, Parcel Map, 06 Water: MGD NEPA Tract Map, etc,) 07 Transportation: Type 06 Notice of Intent 10 Use Permit 08 Mineral Extraction: Mineral 07 Envir, Assessment/ 11 Cancel Ag Preserve 09 Power Generation: Wattage FONSI 12 Other Type: 08 Draft EIS 10 Other: 9, TOTAL ACRES: OTHER 09 _ Information Only 10 Final Document 11 Other 11, PROJECT ISSUES DISCUSSED IN DOCUMENT 01 Aesthetic/Visual 09 Jobs/Housing Balance 17 _Solid Waste 24 02 _Agricultural Land 10 _Minerals 18 _Toxic/Hazardous 25 _Wildlife _Growth Inducing 03 _Air Quality 11 Noise 19 Traffic /Circulation 26 Landuse 04 _Archaeological/Historical 12 Public Services 20 _Vegetation 27 _Incompatible Effects 05 _Coastal Zone 13 _Schools 21 !_Water Water Quality 28 _Cummulative 06 Fire Hazard 14 Septic Systems 22 Supply _Other 07 _Flooding/Drainage 15 _Sewer Capacity 23 08 Geologic /Seismic 16 _Soil Erosion _Wetland/ Riparian 12. FUNDING (approx.) Federal S State S Total S 13. PRESENT LAND USE AND ZONING: 14, PROJECT DESCRIPTION: 15, SIGNATURE OF LEAD AGENCY REPRESENTATIVE: Date 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. FORM REVISED 4/85: REPLACES CA189 MARK DISTRIBUTION ON NEXT PAGE 850429 pf 0072%X -43- Resol. 85 -39 REVIEWING AGENCIES Resources Agency Air Resources Board Conservation Fish and Game Coastal commission r Caltrans District Caltrans - Planning Caltrans - Aeronautics California Highway Patrol Boating and Waterways Forestry State Water Resources Control Board - Headquarters Regional Water Quality Control Board, Region Division of Water Rights (SWRCB) Division of Water Quality (SWRCB) Department of Water Resources Reclamation Board Solid Waste Manaement Board Colorado River Board CTRPA (Ca1TRPA) TRPA (Tahoe RPA) Bay Conservation & Dev't Comm Parks and Recreation Office of Historic Preservation Native American Heritage Comm State Lands Comm Public Utilities Comm Energy Comm Food and Agriculture Health Services Statewide Health Planning (Hospitals) Housing and Community Dev't Corrections General Services office of Local Assistance Public Works Board Local Government Unit (OPR) Santa Monica Mountains Conservancy Other FOR SCH USE ONLY Date Received at SCH Catalog Number Date Review Starts Proponent Consultant Date to Agencies Contact Phone-- Date to SCH Clearance Date Address Notes: 850 429 p t 0072RBx -44- Resol. 85 -39 APPENDIX G NOTICE OF DETERMINATION TO: Office of Planning and Research FROM: State of California 1400 Tenth Street Sacramento, California 90815 or, County Clerk County of SUBJECT: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code. Project Title (Common name where possible) State Clearinghouse Number (If submitted to State Clearinghouse) Contact Person Telephone Number Project Location Project Description This is to advise that the (Lead Agency) has approved the above described project and has made the following deter- minations regarding this project: 1. The project _will have a significant effect on the will not environment.- 20 A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration 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. A copy may be examined at _ Mitigation measures were were not a condition of approval ,A Statement of Overriding Considerations was 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 Signature Title Date 850429 p f 0072RBX -45- Re s o 1. 85-39 APPENDIX H OP NEGATIVE DECLARATION FOR: (Project) A plication has been filed with the City of for P 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 and the Environmental Impact Report has En the Lead Agency Guidelines of the City of the project and determined that the project will not have a analyzed P 7 Based on this finding, t significant impact on the environment. Lead Agency prepared this NEGATIVE DE Initial Study, documenting reasons to support the A copy of the In Miti ation measures, if any, included in the project to avoid potentially significant effects are: days from the date of publication of the notice of this NEGATIVE DE A period of DECLARATION will be provided to enable public review of the project sp ecifications, the Initial Study and this document prior to the final nal ado tion of the NEGATIVE DECLARATION by the Lead Agency. PY A co of the project specifications is on file in the offices of Date: By: (Title) _46- Resol. 85 -39 850429 pf 0072RBx PUBLIC NOTICE NEGATIVE DECLARATION The City of hereby gives notice that pursuant to the authority and criteria contained in the California Environmental Quality Act ( "CEQA ") and the CEQA Puidelines of the City of , the (e.g., Staff or the Director of Planning) has analyze the request for (project title and permit number) proposed to be located at (address). After reviewing the Initial Study and any applicable mitigating measures for the project, the (e.g., 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. 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 specifications, Initial Study, and the NEGATIVE DECLARATION, is on file in the offices of Date: By. (Title) -47- Resol. 85 -39 850429 pf 0072RBX APPENDIX I SIGNIFICANT EFFECTS A project will normally have a significant effect on the environment if it will: (a) Conflict with adopted environmental plans and goals of the city 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 archaelogical site or a property of historic site 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 traffic which is substan- tial 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; (r) Expose people or structures to major geologic hazards; (s) Extend a sewer trunk line with capacity to serve new development; -48- 850429 pf 0072RBX Resol. 85 -39 M Substantially diminish habitat for fish, wild- life or plants; (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 non- agricultural use or impair the agricultural productivity of prime agricultural land; (z) Interfere with emergency response plans or emergency evaculation plans. 850429 pf 0072R8X -49- Resol. 85 -39 APPENDIX J ENERGY CONSERVATION I. INTRODUCTION The goal of conserving energy implies the wise and efficient use of energy. The means of achieving this goal include: (1) decreasing reasin overall per capita energy consumption, (2) decreasing reasin reliance on natural gas and oil, and (3) increasing reliance renewable energy sources. In order to assure that energy implications are considered in project decisions, the California Environmental Quality AnQ prod that EI Rs include a discusion of the potentia 9Y requires impacts of proposed projects, with particular emphasis on r 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 g Potentially significant energy implications of a project should be considered in an EIR. The following list of energy impact abilities and potential conservation measures.is designed pons In many instances to assist in the preparation of an EIR. r items may not apply or additional items may be needed. specific Y A. Project Description may include the following items: 1. Energy consuming equipment and processes which • used Burin construction, operation and /or removal of will be us 9 project. If appropriate, this discussion should consider the prod the energy intensiveness of materials and equipment require 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. B. Environmental SettiLIS may include existing energy PP su lies and energy use patterns in the region and locality* C. Environmental Impacts may include: 1. The P roject's energy requirements and its energy use efficiencies iciencies by amount and fuel type for each stage of the project's life cycle including construct If appropriate, the a ion, operatigy on, maintenance and /or removal. be discussed. intensiveness of materials y 850429 pf 0072MX -50- Re s o l. 85-39 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. f. The project's projected transportation energy use requirements and its overall use of efficient transportation alternatives. D. Mitigation Measures may include: 1. Potential measures to reduce wasteful, ineffi- cient 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, ineffi- cient 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 develop- ment or future energy conservation. H. Short -Term Gains versus Long -Term Impacts can be compared by calculating the energy costs over the lifetime of the project. I. Growth Inducing Effects may include the estimated energy consumption of growth induced by the project. —51— Resol. 85 -39 850429 pf 0072RBX 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 oaced areawide significance. EIRs or Negative Declarations prep 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 s i statewide, regional, or areawde significance if the 7ro'ect meets any of the following criteria: P (a) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. b A project which would interfere with the ' attar nment or maintenance of State or national air quality standards including: ( 1) A proposed residential development of more than 500 dwelling units. (2) A proposed shopping center or business establishment employing more than 1,000 persons or enco p asin 9 more than 500,000 square feet of floor space. (3) A proposed commercial office building in more than 1,000 persons or encompassing more than employ g 250,000 square feet of floor space. 4) A proposed hotel /motel development of more than 500 rooms. (5) A proposed industrial manufacturing ore than processing plant, or industrial park planned to houuseo= Pr g in more than 40 acres of land, 1,000 persons, occupying encompassing more than 650,000 square feet of floor area. (c) A project which would result in the to the cancellation of an open space contract made •pursuant Act} for California Land Conservation Act of 1965 (wl any parcel of 100 or more acres. d) A project located in and substantially for impacting tin on an area of critical environmental sensitivity which an EIR was prepared including: (1) The Lake Tahoe Basin. (} 2 The Santa Monica Mountains Zone as defined by Section 67463 of the Government Code. 3 The California Coastal Zone as defined in, and mapped pursuant ursuant to, Section 30103 of the Public Resources Code. 4 An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public Resources Code. 850429 pf 0072MX --52_ Resole 85 -39 (5) 'The Sacramento -San Joaquin Delta, as defined in Water Code Section 12220. (6) The Suisun Marsh as defined in Public Resources Code Section 29101. (7) The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610. (e) A project which would substantially affect sensitive wildlife habitats including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for rare and endangered species as defined by Fish and' Game Code Section 903. (f) A project which would interfere with attainment of regional water qualify standards as stated in the approved areawide waste water 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. 850429 pf 0072%X -53- Resol.. 85 -39 Appendix L Archaeologic mpacts I, CEQA applies to effects on historic and prehistoric archaeological resources. II. Public agencies should seek to avoid damaging effects on an archaeological resource whenever feasible. If avoid- ance - ance is not feasible, the importance of the site shall be evaluated using the criteria outlined in Section II • P A. In-situ reservation of a site is the preferred manner of avoiding damage to archaeological re- sources* 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 los t when the artifacts are removed. Further, preserving the site keeps it available for more sophisticated future research methodswith religious Preservation may also avoid conflict with the or cultural values of groups associated site. B. Avoiding damage may be accomplished by many approaches, including: 1. Planning construction to miss archaeological 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, parking 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 conversation easements. I II. If the Lead Agency determines that a project may affect an archaeological resource, the agency shall determine whether the effect may be a significant effect on environment. If the project may cause damage to an have a important archaeological resource, the project y significant effect on the environment. For the purposes of CEQA, and "important archaelogical resource" is one which: A. Is associated with an event or person of: 429 bm 007MX - Resol. 85 -39 e5o 5 4 1. Recognized significance in California or American history; or 2. Recognized scientific importance in prehistory. B. Can provide information which is both of demonstrable publio interest and useful in- addressing scientifically consequential and reasonable or 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 histori- cal research has shown can be answered only with archaeological methods. IV. If an archaelogical 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 excava- tion 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 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 infor- mation the archaeological resources contain or are likely to contain; 2. Explain how the information should be recovered to 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 distribution; and 5. Explain the estimated cost of and time required to complete all activities undertaken under the plan, 850429 bm 0072Rax -55- Resol. 85 -39 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 o f documentation called for in this appendix. VII. Limitations on Mitigation PP Special rules apply to mitigating significant effects on important archaeological resources. A. If it is not feasible to revise the project the avoid an important archaeological resource, 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 imports 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 expendi- tures intended to permit any or all important archaeological resources or California Native American culturally significant sites to be undisturbed or preserved in place. a. Consideration of in -kind values does not inst require a dollar for dollar set -off aga 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. 2. When it decides to carry out or approve the project, the Lead Agency shall, if necessary, 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 guarantout t or Lead Agency shall not decide t effect approve a project having a significant on important archaeological resources until 60 days after completing the final EIR on the project. 4. In no event shall the Lead Agency require the i applicant to pay more for mitigation within t he site of the project than the following amounts: 850429 tam 0072PaX -56- Re s o l e 85-39 a. One half of one percent of the projected cost of the project, if the project is a commercial or industrial project. b. 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: {i) $200 per unit for any of the next 99 units, $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. 2. The project applicant can elect to extend the time limits for completing the field excavation phase of the approved mitigation plan. 3. A mitigation plan shall not authorize violation of any law protecting American Indian cemetaries. C. 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: I. A public project if the Lead Agency decides to comply with other provisions of CEQA that apply to mitigation of significant effects, and 850429 bm 0072MX -57- Re s o l. 85-39 �rivate roject if the applicant and the Lead 2. A private elect to comply with other Agency provisions y ns ofCEQA that apply to mitigation of rovisi significant effects@ The time and cost limitations described in this ion section do not apply F' T to surveys and site evaluat activities intended to determine whether the s project location contains archaeological rSsoourc nd if whether the archaeological resourc e are important as defined in this appendix. VIII. Discovery of 8uman Remains A. In the event of discovery or recognition of any human remains in any location other tha dedicated cemetary, there shall be no further nearby excavation or disturbance of the site or humn area reasonably suspected to overlie adjacent remains until: 1. The coroner of the county in which the remains_ are discovered has been informed and has deter- mined that no investigation of the cause of death is required, and 2 If remains are of Native American origin, a. The descendants from the deceased Native Americans have made a recommendation the for the landowner or the person responsible or excavation work, for means of treating disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Section 5097.98 or b. The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation the within 24 hours after being notified by commission. B. Where the following conditions occur, the landowner or his authorized representative shall reinter the 0 Native American human remains and associated rt grave in a goods with appropriate dignity on the property 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 recommendation; or 3. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American sures Heritage Commission falls to provide acceptable to the landowner. 850429 bm 0072RBX — 5 8 Resol. 85 -39 — 0 APPENDIX M NOTICE OF EXEMPTION TO: Office of Planning and Research State of California 1400 Tenth Street Sacramento, California 90815 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 (Sec.15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) Categorical Exemption. State type and section number. Reasons why project is exempt: Contact Person Area Code Telephone Extension Date Received for Filing 850429 bm 0072RBX Signature Title -59- Resol. 85 -39 If the human remains are discovered before the Lead C rocess, the Lead Agency has finished the CEQAapive American Heritage Agency shall work with the N develop an Commission and the applicant t o P agreement for treating or dispoising, with appropriate dignity, of the human remains and 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 7050.5). 2. The requirements of CEQA and the Coastal Act. IX. As p art of the objectives, criteria, and procedures required by Section 21082 or as part of conditions imposed for mitigation, a Lead Agency should make 1 provisions for archaeological sites accidentally discovered during construction. These provisions should include an immediate evaluation of the find. If the fi nd is determined to be an important archaeological rresourrce, contingency funding and a time allotment sufficient allow recovering an archaeological sample or to employ one of the avoidance measures should be available. the Construction work could continue on other parts of building site while archaeological mitigation takes place. 850429 bm 0072RBx _60- Resol. 85 -39 X'r AP 1X N • MAXI" TIME LIMITS FOR PRIVATE DEVEMPMENT PROJELM PUBLIC RESOUFCES CODE (CEQA) & OODE EETWTIVE JANU%RY 1, 1985 (project with EIR) CAVE YEAR COMPLETION AND CERTIFICATION (plus 90 day extension) OF THE EIR. CITY MUST APPROVE /DISAPPROVE PPaMCT -1project with N.D.) OR PROJDC,'T IS DEEMED APPRDy W (GC 65950 & 65957) 105 days CITY MU4 APPROVE (plus reasonable extension) DI&SAP_T)VE PRaTECT OR IT Note: A moratoriun on IS DEEMED APPROVED approving develop - (GC65950 and 65957) ment projects does 30 30 not automatically START Sys day` waive or extend HERE these time limits , but such can provide the basis for the agency's refusing to APPLICATIGN accept an application RR IVED (GC65927 as oaaplete or for and 65928) denying approval of . . CC11+�LET ON OF NEGATIVE a development prnent project CATION (PR 21151.5) applicationn. DETERELINATION OF 1,WT IER AN APPLICATICN - IS C WIME (GC65943) :s DE*TEP44INATION SEAT TO APPLICANT UEIM1INATION OF ItM7HER A NEGATIVE DECLARATION IDECLARATICN ("N.D.") OR EIR IS REQUIRED. (PR 21080.2) .NOTICE OF PREPARATI TO RESPONSIBLE "AGWIES (IF EIR) (PR 21080.4) M M U 00 r4 0 P4 I