CC RES 1983-074S8105 -228
s
RESOLUTION NO. 83-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES REPEALING RESOLUTION
NO. 82 -13 AND ADOPTING PROCEDURES IMPLE-
MENTING THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND THE GUIDELINES OF THE SECRETARY FOR
THE RESOURCES AGENCY, AS AMENDED 1983.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
RESOLVE AS FOLLOWS:
Section 1. Resolution No. 82 -13 is hereby repealed.
Section 2. In accordance with Public Resources Code
Section 21082, the City Council hereby adopts the proce-
dures attached hereto as its Guidelines for the considera-
tion and evaluation of projects and the preparation of
Environmental Impact Reports in compliance with the
California Environmental Quality Act, as amended, and the
Guidelines of the Secretary for the Resources Agency, as
amended in 1983.
PASSED, APPROVED and ADOPTED this 15th day of
November , 1983.
ATTEST:
I, MARY JO LOFTHUS, City Clerk of the City Council of the City
of Rancho Palos Verdes, hereby certify that the above Resolution
Number 83 -74 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on the 15th
day of November, 1983.
City Cied, t of . = cho Palos Verdes
SB105 -238
CITY OF RANCHO PALOS VERDES
CEQA GUIDELINES
(Revised 1983)
Page
I. GENERAL • . • • . • • • • . . . 1
A. Use • • • • • . • . . . . • • • • • • • • . 1
B. Definitions . • • • • . • . • • • . 1
C. Exemptions from CEQA . • • • • • • • • • . . . 4
D. Application of CEQA to Discretionary Projects . 5
E. Submission of Data by Applicant . . . . • • • . 5
F. Fees • • • • • • • • • • .
• • . . • • • • . 6
II. THE PRELIMINARY REVIEW PROCESS . • . • . • • . • . 6
A. Receipt of Application . . . • • • • . • • • . 6
B. Determination of Exemption • • • . • • • • • . 7
CInitial Study . • • • • • • • • • . • • • . . 7
(1) General • . . . . • • • • • • • • • • • . 7
(2) Purposes . . • • • • • • • • • . • • • . . 7
(3) Early Consultation with Other
Agencies and Applicant . . . • . • . • . . 8
(4) Contents . . . . . . . . . . . . . . . . . 8
III. THE NEGATIVE DECLARATION PROCESS . • • • • • . . . 9
A. Decision to Prepare a Negative Declaration . . 9
B. Contents • • • • • . . . . . . . • • • • . . . 9
C. Public Notice . . . . . • • • • • • • • . • . . 10
D. Public Review Period . . 10
E. Review by Other Public Agencies . • • . • • . . 10
F. Review by State Clearinghouse . . 11
G. Final Approval /Finding . . . • . . . • . • . . 11
H. Appeal of Final Approval . . 11
I. Notice of Determination . . . • • • • . . • . • 11
J. Time Limit • • • • • . • • • • . . • • • • • . 11
IV. THE EIR PROCESS . . . . . . . . . . . . . . . . . 11
V.
A. Decision to Prepare an EIR . . . • • • . • . . 11
B. Preparation of the Draft EIR . . • • • . . . . 12
C. Public Review of the Draft EIR . . . . . . • . 17
D. Evaluation of Comments by Lead Agency . . . . . 18
E. The Final EIR . . . . . . . . . . . . . . . . 18
F. Decision Whether to Approve or Carry
Out Project . . . . . . . . . . . . . . . . . . 18
G. Findings • • • • • • • • • • • • • . • • . . . 19
H. Statement of Overriding Considerations . . 19
FILINGS REQUIRED BY CEQA . • • • • • • • • . . . . 20
A. Notice of Preparation . • • • • • • • . • . . . 20
B. Notice of Completion . • • • . • . . • • . • . 20
C. Notice of Determination . • • • • • • • • . . . 20
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RESOLUTION NO. 83 -74
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VI. APPENDICES
A. Flow Chart - Environmental and Project
Application Review Process
B. Environmental Information and Checklist Form
C. List of Categorical Exemptions
D. Status of Application Form
E. Notice of Preparation
F. Notice of Completion
G. Notice of Determination
H. Negative Declaration Form
I. Examples of Significant Effects
J. Energy Conservation Measures
K. Projects of Statewide, Regional or Areawide
Significance.
L. Chart of Maximum Time Limits
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I. GENERAL.
A. Use.
These Guidelines, effective November 29, 1983, 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 State CEQA
Guidelines promulgated by the Resources Agency, as
amended August 1, 1983, 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
following: 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 th'e 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 alteration of the size of any
structure, including any facility of any private,
public, or municipal utility; and the removal or
harvesting of major vegetation other than for
agricultural purposes, kelp harvesting,, and timber
operations which are in accordance with a timber
harvesting plan. "Structure" includes, but is not
limited to, any building, road, pipe, flume, conduit,
siphon, aqueduct, telephone line, and electrical
power transmission and distribution line.
Development project does not include a permit to
operate, a ministerial proj ct, or a change of
organization of a city or a municipal reorganization.
(2) Discretionary Project. Discretionary project
means an activity defined 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.
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(3) Environmental Impact Report (EIR). Environmental
Impact Report (EIR) means a detail T statement setting
forth the environmental effects and considerations
pertaining to a project as specified in Section 21100
of CEQA, and may refer to either a Draft or a Final
EIR, pursuant to Sections III . B . and III . E . of these
Guidelines.
(4) Initial Study. Initial Study means a preliminary
analysis prepare by the Lead Agency pursuant to
Section I I . B . of these Guidelines to determine whether
an EIR or a Negative Declaration must be prepared.
(5) Jurisdiction by Law. Any public agency which
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
responsibility 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 certain action, limiting the effect,
repairing or restoring 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
pLesenting 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
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RESOLUTION NO. 83 -74 -5-
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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, feasibility or planning studies,
the submittal of proposals to a vote of the people,
and the closing of a public school and the transfer
of students.
(9) Responsible Agency. Responsible Agency means
a public agency, other than the Lead Agency, which has
responsibility for carrying out or approving a project.
(10) Significant Environmental Effect. Significant
environmental effect means a substantial or potentially
substantial, adverse change in any of the physical
conditions within the area affected by the 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 significant 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 elimi-
nate 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
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(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 ".
(11) 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:
(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,
RESOLUTION NO. 83 -74
SB105 -5B
(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 California 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
(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) .
D. Application of CEQA.to Discretionary Projects.
Except as provided in Sections I.C. I I . 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.
E. 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
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completed "Environmental Information and Checklist
Form," must be submitted by the applicant so that an
Initial Study may be prepared. A copy of tti i s form
is included in these Guidelines as Appendix "8 ".
(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.
F. Fees.
(1) A fee covering all costs and expenses, including
any consultants' fees, incurred by the City in
preparing an Initial Study, Negative Declaration or
EIR, shall be charged to the project applicant.
(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 determinaton to the applicant. If the
application is determined to be incomplete, the deter-
mination shall indicate how it can be made complete.
A copy of 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 may
deem an application for a project not received for
RESOLUTION NO. 83 -74
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SB105 -7B
filing until such time as the environmental documenta-
tion required by CEQA has been completed:
(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.
An example of a time period subject to this provision
is action on a tentative subdivision map within 50 days.
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 a project may have a significant effect,
staff may decide to prepare an initial study to
enable the applicant to modify a project and mitigate
adverse impacts and /or to assist in 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,
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3. Explaining the reasons for deter-
mining 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 unnecesssary EIRs.
(g) Determine whether a previously prepared
EIR could be used with the project. The
determination whether an EIR previously
prepared for a Specific Plan, Local Coastal
Program, Community Plan or zoning may be used
as the EIR for a residential project or for
neighborhood commercial facilities in an
urbanized area shall be made pursuant to
Sections 15181 through 15183 of the
State Guidelines.
(3) Earl Consultation with Other A•encies and
Applicant.
.
(a) As soon ab 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.
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(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.
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 intial 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
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(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 circula-
tion in the area affected by the proposed
project; or
(2) Posting, of notice by the Lead Agency on
and off site ' in the area where the project is
to be located; or
(3) Direct mailing to 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 (6) below, unless
a shorter period is approved by the State Clearing-
house.
E. Review by Other Public Agencies.
The Lead Agency shall consult with all Responsible
Agencies, Trustee Agencies and Jurisdictions by
Law prior to approving the Negative Declaration,
and a copy of the public notice and proposed
Negative Declaration must be sent to all such
agencies.
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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 /Finding.
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 incorporated into the
project the Lead Agency shall approve a Negative
Declaration and make a finding that the project as
approved will not have a significant effect on the
environment.
H. Appeal of Final Approval.
Within ten (10) days after the final approval of a
Negative Declaration by the Planning Commission,
this decision may be appealed in writing to the
City Council. A fee will be required pursuant to
Section I .F. (4) of these Guidelines.
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 Gu id :1 ines.
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. 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 imple-
mented under Section II or III of these Guidelines,
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that the project 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 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 forty -five
(45) 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.
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.
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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
SB10 5 -13B
applicant to govern the preparation of a
draft EIR by an independent contractor.
5. Using a previously prepared EIR.
(b) Before using a draft prepared by another
person, the Lead Agency shall subject the draft
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
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 incorpor-
ated 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.
RESOLUTION NO. 83 -74
88105 -148
(2) Contents. A Draft EIR should be less than 150
pages in most cases and shall contain the following
information:
(a) Description of Project. A description of the
project including the following 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. A general 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.
(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, acquisition,
development and operation. The following subjects
shall be discussed, preferably in separate
sections or paragraphs. The information required
by Paragraphs 5 and 6, however, need be included
only in EIRs prepared for the following: the
RESOLUTION NO. 83 -74
S13105-158
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 1969.
1. The significant environmental effects of
the proposed project, including both direct
and indirect and short and long term signifi-
cant 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 of insignificance. Where several
measures are available to mitigate an
impact, each should be discussed and the
basis for selecting a particular measure
should be given. Energy conservation
measures, examples of which are given in
Appendix J of these Guidelines, shall be
discussed when relevant. If a mitigation
measure would cause one or more significant
impacts in addition to those which would
be caused by the project as proposed,
these shall be discussed, but in less
detail than the effects of the project as
proposed.
4. Housing, economic, and social factors
shall be considered in deciding whether
changes in a project are feasible to
reduce or avoid significant impacts.
With respect to a project which includes
housing development, the Lead Agency
shall not reduce the proposed number of
housing units as a mitigation measure if
it determines that there is another
feasible specific mitigation measure
available that will provide a comparable
level of mitigation.
5. Archeological impacts must be considered
and should be avoided or mitigated as set
RESOLUTION NO. 83 -74
- 15-
- 18-
S8105 -168
forth in Appendix K to the State CEQA
Guidelines.
6. 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 EIR 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.
8. 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
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
RESOLUTION NO. 83 -74
SB105 -17B
sections where applicable, water quality
aspects of the proposed project which have been
previously certified by the appropriate state
or interstate organization as being in substan-
tial 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 6 061 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 pub?. is sufficient opportunity to comment,
the Draft EIR shall be made public 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. A public hearing on the Draft EIR
will be held by the Planning Commission of the Lead
Agency following the public review period, at which
time any comments received may be discussed.
(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
submitted to the State Clearinghouse and should also
-17-
RESOLUTION NO. 83 -74 -20-
SB105 -18B
be submitted to the Southern California Association
of Governments (SCAG) for review and comment.
(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.
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 Draft 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.
-18-
RESOLUTION NO. 83 -74 -21-
SB105 -19B
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
feasible as shown in findings pursuant to
Section IV G of these Guidelines; and
(b) Determined that any remaining significant
effects on the environment found to be 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 out a
project for which an EIR has been completed which
identifies one or more significant environmental
effects unless the decision - making body makes one or
more of the written findings listed below, which
shall be supported by substantial evidence in the
record. (A finding shall be made for each of the
significant effects identified, and shall -be
accompanied by a statement of facts supporting
such finding.)
(1) Changes or alterations have been required in,
or incorporated into, the project which mitigate or
avoid the significant environmental effects thereof
as identified in the Final EIR.
(2) Such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the agency making the finding. Such
changes have been adopted by such other agency or
can and should be adopted by such other agency.
(This finding shall not be made if the Lead Agency
has concurrent jurisdiction with another agency to
deal with identified, feasible mitigation measures
or alternatives) .
(3) Specific economic, social, or other considera-
tions make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
H. Statement of Overriding Considerations.
Where the decision to approve a project allows the
occurance of significant effects which are identi-
-19-
RESOLUTION NO. 83 -74 -22-
SB105 -20B
fied in the Final EIR, but which are not mitigated
(as may be the case when findings are made pursuant
to Section IV. G. (2) 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.
NOTE: An application involving a development project,
defined in Section I .B. (1) of these Guidelines, must
be approved or disapproved within one year of the
date on which the application was determined to be
complete or it is deemed to be approved. An extension
of time not to exceed ninety (90) days may be
granted upon consent of the Lead Agency and the
applicant. (Government Code Sections 65950, 65956
and 65957).
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 Jurisdic-
tion 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 a
Responsible Agency and /or when a project is deter-
mined to be of statewide concern, a copy shall be
sent to the State Clearinghouse. 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 Secretary for the
Resources Agency. The Notice shall include a brief
description of the project, its proposed location,
an address where copies of the EIR are available,
and the P eriod 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: I f 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
RESOLUTION NO. 83 -74
-20-
-23-
SB105 -21B
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 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 in
which the project would be located. If the project
requires discretionary approval from a state agency,
the Notice shall also be filed with the Secretary for
Resources. The form for the Notice of Determination
is provided for in Appendix G of these Guidelines.
(4) The filing of the Notice of Determination with
the Secretary for Resources or County Clerk starts a
thirty (30) day statute of limitations on court
challenges to the Lead Agency's approval under CEQA.
(Public Resources Code S 21167 (b) . )
-21-
RESOLUTION NO. 83 -74 -24-
APPENDIX A
- CITY OF RANCHO PALOS VERDES
ENVIRONMENTAL AND PROJECT APPLICATION REVIEW PROCESS
MANDATORY INITIAL MEETING
WITH STAFF (includes staff
review and preliminary cri-
tique of proposed project)
ALL APPLICATIONS FORMALLY
SUBMITTED (includes Envi-
ronmental assessment)
CITY DETERMINES COMPLETE-
NESS OF APPLICATION -
MUST NOTIFY APPLICANT
WITHIN 30 DAYS OF SUBMITTAL
y
APPLICATION DETERMINED
COMPLETE:
PROCESSING BEGINS
..
1
INCOMPLETE
APPLICATION
DETERMINE IF
PROJECT IS
EXEMPT FROM CEQA
4/YES .
No
- CATEGORICALLY
- EMERGENCY PROJECT
- MINISTERIAL PROJECT
OTHER
ISION ON PROJECT
1. PLANNING COMMISSION
A. PUBLIC BEARINGS
(Combined notification
for same meeting -
separate items)
2. PREPARE FINAL EIR
3. PLANNING COMMISSION:
A. FINAL EIR
(Certify as complete
(can be by staff) and
Commission's Review
and Consideration)
41,
1
CITY COUNCIL LEARINGS
IF REQUIRED OR ON
APPEAL (review and
consider Final EIR)
PUBLICATION OF NOTIFICATION
AS RECOMMENDED BY THE CITY
-'C'CRNE': S OF r: CE , IN ADDITION
70 :IRECT MAIL_NG.
x
RESOLUTION NO. 83 -74
P71(
071142r, *
STAFF - MUST DECIDE WHETHER
EIR OR NEGATIVE DECLARATION
REQUIRED WITHIN 45 DAYS AFTER
APPLICATION
COMPLETE
w
CONSULT WITH
RESPONSIBLE
AGENCIES
VIRON! ENTAL LMPACT
REPORT PROCESS
1. NOTICE OF PREPARATION
2. CONSULT WITH SFSPONSI-
SLE AGENCIES (within
45 days after Initial
Study)
3. SLt3MIT SCREEN EIR
4. STAFF REVIEW
5. SUBMIT DRAFT EIR
6. CONSULT WITS RESPONSI-
BLE AGENCIES
7. NOTICE OF COMPLETION
*0 A. 30 TO 90 DAY PUBLIC
RZVIEW PERIOD
1. SUBMIT TO CLEARING -
ROUSE IF REQUIRED
Nte
SOLICIT CITY ENGINEER
COMMENTS ON SUBDIVISION,
PROJECTS
NEGATIVE DECLARATION
PROCESS
••1.
DRAFT NEGATIVE DEC -
LARATION - 10 to 30
DAY COWXNT PERIOD
2. REVISE INITIAL STUDY
IF NECESSARY
3. COMPLETE FINAL NEGA-
TIVE DECLARATION
WITHIN 105 DAYS FROM
DATE APPL :CATION
"COMPLETE" - 10 DAY
APPEAL PERIOD
DECISION ON ?ROJECT (WITHIN
ONE YEAR AFTER APPLICATION
ACCEPTED AS COMPLETE.)
:.
FINDINGS; AND CERTIF-
ICATION OF REVIEW i
CGN S IDERAT :ON
2. NOTICE OF DETERMINATION
-25-
1
y
PUBLIC HEARING (S) ON
PROJECT
1
DECISION ON PROJECT
(NOTICE OF DETERMINATION)
•
MLW9 -16A*
(rev'd 1980)
APPENDIX B
ENVIRONMENTAL INFORMATION AND CHECKLIST FORM
(Initial Study)
Date Submitted: No.
GENERAL INFORMATION
1. Name and address of developer or project sponsor:
2. Address of project:
Assessor's Block and Lot Number
3. Name, address, and telephone number of person to be contacted
concerning this project:
4. List and describe any other related permits and other public
approvals required for this project, including those required by
city, regional, state and federal agencies:
5. Existing zoning district:
6. Proposed use of site (Project for which this form is filed):
PROJECT DESCRIPTION
7. Site size:
8. Square footage:
9. Number of floors of construction:
r
RESOLUTION NO. 83 -74 -26-
MLW9 -17A*
10. Amount of off - street parking provided:
11. (Attach plans.)
12. Proposed scheduling:
13. Associated projects:
14. 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:
16. 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:
RESOLUTION NO. 83 -74 -27-
s
-2-
MLW9 -18A
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 the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or
scenic aspects. Describe any existing structures on the site,
and the use of the structures. Attach photographs of the site.
21. On a separate page, describe the surrounding properties,
including information on plants and animals and any cultural,
historical or scenic aspects. Indicate the type of land use
(residential, commercial, etc.) , intensity of land use, and
scale of development (height, frontage, set-back, rear yard,
etc.) . Attach photographs bf the vicinity.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required
on attached sheets.)
22. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, com-
paction or overcovering of the soil?
c. Change in topography or ground
surface relief features?
d. The destruction, covering or
modification of any unique geologic
or physical features?
e. Any increase in wind or water
erosion of soils, either on or off
the site?
RESOLUTION NO. 83 -74
-3-
-28-
YES MAYBE NO
MLW9 -19A*
f. Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the channel of a
river or stream or the bed of the
ocean or any bay, inlet or lake?
g. Exposure of people or property
to geologic hazards such as earth-
quakes, landslides, mudslides,
ground failure, or similar hazards?
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 addi-
tions or withdrawals, or through
interception of an aquifer by cuts
or excavations?
RESOLUTION NO. 83 -74
-29-
-4-
YES MAYBE NO
IMINNINNEN
MLW9 -20A*
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?
c. Introduction of new species of
plants into an area, or in a
barrier to the normal replenish-
ment of existing species?
d. Reduction in acreage of any
agricultural crop?
26. 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?
RESOLUTIOt NO. 83 -74
-5-
-30-
YES MAYBE NO
MLW9 -21A*
YES MAYBE NO
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 alter-
ation 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, chemicals or radiation)
in the event of an accident or up-
set conditions?
b. Possible interference with an
emergency response plan or an emer-
gency evacuation plan?
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 af-
fect existing housing, or create
a demand for additional housing?
34. Transportation /Circulation. Will
the proposal result in:
a. Generation of substantial addi-
tional vehicular movement?
b. Effects on existing parking
facilities, or demand for new
parking?
c. Substantial impact upon
existing transportation systems?
-6--
RESOLUTION NO. 83 -74 -31-
MLW9 -22A*
d. Alterations to present
patterns of circulation or move-
ment 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 for new systems,
or substantial alterations to the
following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
RESOLUTION NO. 83 -74
-7-
-32-
YES MAYBE NO
MLW9 -23A*
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 poten-
tial health hazards?
39. Aesthetics. Will the proposal
result in the obstruction of any
scenic vista or view open to the
public, or will the proposal re-
sult in the creation of an aesthet-
ically 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 aesthet-
ic effects to a prehistoric 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 environment, substantially
reduce the habitat of a fish
or wildlife species, cause a fish or
wildlife population to drop below
self sustaining levels, threaten to
eliminate a plant or animal commun-
ity, reduce the number or restrict
RESOLUTION NO. 83 -74
-8-
-33-
YES MAYBE NO
MLW9 -24A*
the range of a rare or endangered
plant or animal or eliminate impor-
tant examples of the major periods
of California history or prehistory?
b. Does the project have the
potential to achieve short -term, to
the disadvantage of long -term environ-
mental goals? (a short term impact
on the environment is one which
occurs in a relatively brief, defin-
itive period of time while long -term
impacts will endure well into the
future.)
YES MAYBE NO
c. Does the project have impacts
which are individually limited, but
cumulatively considerable? (A project
may impact on two or more separate re-
sources where the impact on each resource
is relatively small, but where the ef-
fect of the total of those impacts on
the environment is significant.)
d. Does the project have environ-
mental effects which will cause sub -
stantial adverse effect on human be-
ings, either directly or indirectly?
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation 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
RESOLUTION NO. 83 -74
For
(Signature)
-9-
-34-
(Applicant)
MLW9 -25A*
DISCUSSION OF ENVIRONMENTAL EVALUATION AND DETERMINATION
(To be completed by the Lead Agency - may be attached)
Date
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION
will be prepared.
I find that although the proposed project could have a
significant effect on the environment, there will not
be a significant effect in this case because the mitigation
measures described on an attached sheet have been added
to the project. A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
RESOLUTION NO. 83 -74
For
(Signature)
-10-
-35-
(Lead Agency)
MW4 -25A
Rev'd 1982
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
activity 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;
RESOLUTION NO. 83 -74
-35- A
MLW4 -26A
(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) ;
(i) Maintenance of fish screens, fish ladders, wildlife
habitat areas, artificial wildlife waterway devices,
streamflows, springs and waterholes , and stream channels
(clearing of debris) to protect fish and wildlife resources.
(j) Fish stocking by the California Department of Fish and
Game.
(k) Division of existing multiple family rental units into
condominiums.
(1) Demolition and removal of individual small structures
listed in this subsection except where the structures are
of historical, archaeological or architectural significance:
(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 an
occupant load of 20 persons or less, if not in conjunction
with the demolition of two or more such structures,
(4) Accessory (appurtenant) structures including garages,
carports, patios, swimming pools, and fences.
(m) Minot repair and alterations to existing dams and appurte-
nant structures under the supervision of the Department of
Water Resources.
(n) Conversion of a single family residence to office use.
(o) The conversion of existing commercial units in one structure
from single to condominium type ownership.
Class 2: Replacement or Reconstruction. Class 2 consists of
replacement or reconstruction of existing structures and
facilities where the new structure will be located on the same
site as the structure replaced and will have substantially the
same purpose and capacity as the structure replaced, including
but not limited to:
(a) Replacement or reconstruction of existing schools and
hospitals to provide earthquake resistant structures which
do not increase capacity more than 50 %.
(b) Replacement of a commercial structure with a new structure
of substantially the same size, purpose and capacity.
RESOLUTION NO. 83 -74
-2-
-36-
MLW4 -27A
(c) Replacement or reconstruction of existing utility systems
and /or facilities involving negligible or no expansion of
capacity.
(d) Conversion of overhead electric utility distribution system
facilities to underground, including connection to existing
overhead electric utility distribution lines where the
surface is restored to the condition existing prior to the
and erg rounding .
Class 3: New Construction or Conversion of Small Structures.
C ass 3 consists of construction and location of limited
numbers of new, small facilities or structures; installation of
small new equipment and facilities in small structures; and
the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior
of the structure. The numbers of structures described in this
section are the maximum allowable on any legal parcel or to be
associated with a project within a two -year period. 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.
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 cities 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 in the condition of land,
RESOLUTION NO. 83 -74
- 3-
- 37-
MLW4 -28A
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.
(d) Minor alterations in land, water and vegetation on
existing officially designated wildlife management areas or
fish production facilities which result in improvement of
habitat for fish and wildlife resources or greater fish
production.
(e) Minor temporary uses of land having negligible or
no permanent effects on the environment, including car-
nivals, sales of Christmas trees, etc.
(f) Minor trenching and backf. it l ing where the surface is
restored.
(g) Maintenance dredging where the spoil is deposited in a
spoil area authorized by all applicable state and federal
regulatory agencies.
(h) The creation of bicycle lanes on existing rights -of -way.
Class 5: Alterations in Land Use Limitations. Class 5
consists of minor alterations in land use limitations in areas
with less than a 20% slope, which do not result in any changes
in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard and set back
variances not resulting in the creation of any new parcel.
(b) Issuance of minor encroachment permits.
(c) Reversion to acreage in accordance with the Subdivision Map
Act.
Class 6: Information Collection. Class 6 consists of
basic data collection, research, experimental management and
resource evaluation activities which do not result in a serious
or major disturbance to an environmental resource. These may
be for strictly information gathering purposes, or as part of a
study leading to an action which a public agency has not yet
approved, adopted or funded.
Class 7: Actions by Regulatory Agencies for Protection
of Natural Resources. Class 7 consists of action taken by
regulatory agencies as authorized by state law or local ordi-
RESOLUTION NO. 83 -74
-4-
-38-
MLW4 -29A
nance to assure the maintenance, restoration, or enhancement
of a natural resource where the regulatory process involves
procedures for protection of the environment. Examples include
but are not limited to wildlife preservation activities of the
State Department of Fish and Game. Construction activities are
not included in this exemption.
Class 8: Actions by Regulatory Agencies for Protection
of the Environment. Class 8 consists of actions taken by
regulatory agencies, as authorized by state or local ordinance,
to assure the maintenance, restoration, enhancement, or pro-
tection of the environment where the regulatory process in-
volves procedures for protection of the environment. Con-
struction activities are not included in this exemption.
Class 9: Inspections. Class 9 consists of activities limited
entirely to inspection, to check for performance of an operation,
or quality, health or safety of a project, including related
activities such as inspection for possible mislabeling, misre-
presentation or adulteration of products.
Class 10: Loans. Class 10 consists of loans made by the
Department -6Y-Veterans Affairs under the Veterans Farm and Home
Puchase Act of 1943, mortgages for the puchase 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:
RESOLUTION NO. 83 -74
MLW4 -30A
(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 guildelines, 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 increse original student
capacity by more than 25% or ten classrooms, whichever is
less. The addition of portable classrooms is included in this
exemption.
Class 15. Minor Land Divisions. Class 15 consists of the
division of property in urbanized areas zoned for residential,
commercial, or industrial use into four or fewer parcels when
the division is in conformance with the General Plan and
zoning, no variances or exceptions are required, all services
and access to the proposed parcels to local standards are
available, the parcel was not involved in a division of a
larger parcel within the previous 2 years, and the parcel does
not have a slope greater than 20%. For definition of "urban -
ized areas" see Class 3.
Class 16. Transfer of Ownership of Land in Order to Create
Parks. Class 16 consists of the acquisition or sale of land in
order to establish a park where the land is in a natural condi-
tion or contains historic sites or archaeological sites and
either:
(a) The management plan for the park has not been prepared, or
(b) The management plan proposes to keep the area in a natural
condition or preserve the historic or archaeological site.
CEQA will apply when a management plan is proposed that
will change the area from its natural condition or signi-
ficantly change the historic or archaeological site.
Class 17. Open Space Contracts or Easements. Class 17 con-
sists of the establishment of agricultural preserves, the
making and renewing of open space contracts under the
Williamson Act, or the acceptance of easements or fee interests
in order to maintain the open space character of the area. The
RESOLUTION NO. 83 -74
-6-
-40-
MLW4 -1B
cancellation of such preserves, contracts, interests or ease-
ments is not included.
Class 18: Designation of Wilderness Areas. Class 18 consists
of the designation of wilderness areas under the California
Wilderness System.
Class 19: Annexations of Existinq Facilities and Lots for
Exempt Facilities. Class 19 consists of only the following
annexations:
(a) Annexations to a city or special district of areas con-
taining existing public or private structures developed to
the density allowed by the current zoning or pre- zoning of
either the gaining or losing governmental agency whichever
is more restrictive, provided, however, that the extension
of utility services to the existing facilities would have a
capacity to serve only the existing facilities.
(b) Annexations of individual small parcels of the minimum
size for facilities exempted by Section 15103, New Con-
struction of Small Structures.
Class 20: Changes in Organization of Local Agencies. Class
20 conists of changes in the organization or reorganization of
local governmental agencies where the changes do not change the
geographical area in which previously existing powers are
exercised. Examples include but are not limited to: _
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having identical
powers.
(c) Merger with a city of a district lying entirely within
the boundaries of the city.
Class 21: Enforcement Actions. Class 21 consists of actions
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
enforcing or 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.)
RESOLUTION NO. 83 -74
MLW4 -2B
Class 22: Educational or Training Programs Involving No
Physical Changes. Class 22 consists of the adoption, alter-
ation, 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 Onwership of Interests in Land to
Preserve Open Space : Class 25 consists of the transfers of
ownership of interests in land in order to preserve open space.
Examples include but are not limited to:
(a) Acquisition of areas to preserve the existing natural
conditions.
(b) Acquisition of areas to allow continued agricultural use of
the areas.
(c) Acquisition to allow restoration of natural conditions.
(d) Acquisition to prevent encroachment of development into
flood plains.
Class 26: Acquisition of Housing for Housing Assistance
Programs. Class 26 consists of actions by a redevelopment
agency, housing authority, or other public agency to implement
an adopted Housing Assistance Plan by acquiring an interest in
housing units. The housing units may be either in existence or
possessing all required permits for construction when the
agency makes its final decision to acquire the units.
RESOLUTION NO. 83 -74
MLW4 -3B
Class 27: Leasing New Facilities. Class 27 consists of the
leasing of a newly constructed or previously unoccupied private-
ly -owned facility by a local or state agency where the local
governing authority determined that the building was exempt
from CEQA. To be exempt under this section, the proposed use
of the facility:
(a) Shall be in conformance with existing State plans and
policies and with general, community, and specific plans
for which an EIR or Negative Declaration has been prepared,
(b) Shall be substantially the same as that originally proposed
at the time the building permit was issued,
(c) Shall not result in a traffic increase of greater than 10%
of front access road capacity, and
(d) Shall include the provision of adequate employee and
visitor parking facilities.
Examples of Class 27 include but are not limited to:
(1) Leasing of administrative offices in newly construct-
ed office space
(2) Leasing of client service offices in newly construct-
ed retail space
(3) Leasing of administrative and /or client service
offices in newly constructed industrial parks.
Class 28: Small Hydroelectric Projects at Existing Facilities.
Class 28 consists of the installation of hydroelectric
generating facilities in connection with existing dams,
canals, and pipelines where:
(a) The capacity of the generating facilities is less than
5 megawatts.
(b) Operation of the generating facilities will not change
the flow regime in the affected stream, canal, or
pipeline including but not limited to :
(1) Rate and volume of flow,
(2) Temperature,
(3) Amounts of dissolved oxygen to a degree that could
adversely affect aquatic life, and
(4) Timing of 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.
RESOLUTION NO. 83 -74
-9-
-43-
MLW4 -48
(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 29 consists of the installation of cogeneration
equipment with a capacity of 50 megaweatts 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 structires, and
(3) Be adjacent to other commercial or institutional
structures.
RESOLUTION NO. 83 -74
-10-
-44-
*MLW51 -19B
Added 1980
APPLICATION NO.
APPLICANT:
APPENDIX D
STATUS OF APPLICATION
DATE REC'D.:
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:
/_______7 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 clarify, amplify, correct, or
otherwise supplement existing or future data. If the
City requires such additional information, it is
strongly suggested that you supply same in a timely
manner in order to avoid any delay in the processing of
the application.
/ / Not complete and has been held in abeyance due to
certain 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 further information please
call
Additional Information Re•uirements:
Staff Signature Date
RESOLUTION NO. 83 -74 -45-
MW4 -15A
Rev'd 1980
APPENDIX E
NOTICE OF PREPARATION
TO: FROM:
(Responsible Agency)
(Address)
(Lead Agency)
(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 / / is, / /
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
Signature
Title
Telephone
Reference: California Administrative Code, Title 14, Sections 15035.7,
15054.3, 15066(c).
t
RESOLUTION NO. 83 -74 -46-
MW4 -16B
Rev'd 1980
APPENDIX F
To: State of California
The Resources Agency
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Project Title
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency Division
Address Where Copy of EIR is Available
Review Period
Contact Person Area Code Phone Extension
RESOLUTION NO. 83 -74 -47-
MLW4 -17B
Rev'd 1980
APPENDIX G
NOTICE OF DETE RMI NATI ON
TO: Secretary for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, California 95814
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
determinations regarding this project:
1. The project will have a significant effect on the
will not
environment.
2. 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 Environm`ntal Impact Report was prepared for this
project pursuant to the provisions of CEQA, and was
reviewed and considered by the decision - making body
prior to its decision on the project. A copy may be
examined at
Mitigation measures were were not
a condition of approval
A Statement of Overriding Considerations
adopted for this project.
was
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
RESOLUTION NO. 83 -74 -48-
1
MLW 9 - 2 6A
Revd 1980
FOR:
APPENDIX H
NEGATIVE DECLARATION
(Project)
Application has been filed with the City
for approval of the project known as
to be located at
and to be implemented by
The project is briefly described as:
Pursuant to the authority and criteria contained in the California
Environmental Quality Act and the Environmental Impact Report
Guidelines of the City of , the Lead Agency
has analyzed the project and determined that the project will
not have a significant impact on the environment. Based on
this finding , the Lead Agency prepared this NEGATIVE DECLARATION.
A copy of the Initial Study, documenting reasons to support the
finding, is attached. Mitigation measures, if any, included in
the project to avoid potentially significant effects are:
A period of days from the date of publication of the notice
of this NEGATIVE DECLARATION will be provided to enable public
review of the project specifications, the Initial Study and
this document prior to the final adoption of the NEGATIVE
DECLARATION by the Lead Agency. A copy of the project specifica-
tions is on file in the offices of
Date: By:
RESOLUTION NO. 83 -74 -49-
(Title)
• . MW4-18B
Revd 1980
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;
effect;
(b) Have a substantial, demonstrable, negative aesthetic III
(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;
RESOLUTION NO. 83 -74 -50-
MW4 -198
Rev'd 1980
(t) 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.
RESOLUTION NO. 83 -74
MW4 -20B
Rev'd 1980
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 overall per capita energy consumption,
(2) decreasing reliance on natural gas and oil, and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered
in project decisions, the California Environmental Quality Act
requires that EIRs include a discusion of the potential energy
impacts of proposed projects, with particular emphasis on
avoiding or reducing inefficient, wasteful and unnecessary
consumption of energy.
Energy conservation implies that a project's cost effective-
ness be reviewed not only in dollars, but also in terms of
energy requirements. For many projects, lifetime costs may be
determined more by energy efficiency than by initial dollar
costs.
II. EIR CONTENTS
Potentially significant energy implications of a project
should be considered in an EIR. The following list of energy
impact possibilities and potential conservation measures is
designed to assist in the preparation of an EIR. In many
instances specific items may not apply or additional items may
be needed.
A. Project Description may include the following items:
1. Energy consuming equipment and processes which
will be used during construction, operation and /or removal of
the project. If appropriate, this discussion should consider
the energy intensiveness of materials and equipment required
for the project.
2. Total energy requirements of the project by fuel
type and end use.
3. Energy conservation equipment and design features.
4. Initial and life -cycle energy costs or supplies.
5. Total estimated daily trips to be generated by
the project and the additional energy consumed per trip by
mode.
B. Environmental Setting may include existing energy
supplies and energy use patterns in the region and locality.
C. Environmental Impacts may include:
RESOLUTION NO. 83 -74 -52-
MW4 -218
Rev'd 1980
1. The project's energy requirements and its energy
use efficiencies by amount and fuel type for each stage of the
project's life cycle including construction, operation, mainten-
ance and /or removal. If appropriate, the energy intensiveness
of materials may be discussed.
2. The effects of the project on local and regional
energy supplies and on requirements for additional capacity.
3. The effects of the project on peak and base
period demands for electricity and other forms of energy.
4. The degree to which the project complies with
existing energy standards.
5. The effects of the project on energy resources.
6. The project's projected transportation energy
use requirements and its overall use of efficient transportation
alternatives.
D. 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.
-2-
RESOLUTION NO. 83 -74 -53-
.
• MW4 -16A
Rev'd 1980
APPENDIX K
PROJECTS OF STATEWIDE, REGIONAL OR AREAWIDE SIGNIFICANCE
Projects meeting the criteria listed in this appendix
shall be deemed to be of statewide, regional or areawide
significance. EIRs or Negative Declarations prepared by the
Lead Agency on a project described below shall be submitted to
the State Clearinghouse and should be submitted also to the
Southern California Association of Governments (SCAG).
The Lead Agency shall determine that a proposed project
is of statewide, regional, or areawide significance if the project
meets any of the following criteria:
(a) A proposed local general plan, element, or amendment
thereof for which an EIR was prepared.
(b) A project which would interfere with the attainment
or maintenance of State or national air quality standards including:
(1) A proposed residential development of more than
500 dwelling units.
(2) A proposed shopping center or business establish-
ment employing more than 1,000 persons or encompasing more than
500,000 square feet of floor space.
(3) A proposed commercial office building employing
more than 1,000 persons or encompassing more than 250,000 square
feet of floor space.
(4) A proposed hotel /motel development of more than
500 rooms.
(5) A proposed industrial manufacturing or processing
plant, or industrial park planned to house more than 1,000 persons,
occupying more than 40 acres of land, or encompassing more than
650,000 square feet of floor area.
(c) A project which would result in the cancellation of
an open space contract made pursuant to the California Land Conserva-
tion Act of 1965 (Williamson Act) for any parcel of 100 or more
acres.
(d) A project located in and substantially impacting on
an area of critical environmental sensitivity for 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 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.
RESOLUTION NO. 83 -74 -54-
• MW4 -17A
Rev'd 1980
(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.
RESOLUTION NO. 83 -74
-2-
-55-
START
HERE
30
`da s
Y
APPENDIX L
MAXIMUM TIME LIMITS
PUBLIC RESOURCES CODE (CEQA) & GOVERNMENT CODE
EFFECTIVE JANUARY 1, 1978
(Revised 1980)
ONE YEAR
ONE YEAR
(plus 90 day extension)=
(plus reasonable extension)
105 days
(plus reasonable extension)
45
days
Y
•
AP F L I CAT ION FOR A
"DEVELOPMENT PRO -
JECT" RECEIVED
(GC6592 7, 65928)
DETERMINATION OF WIIETIII
AN APPLICATION FOR A
"DEVELOPMENT PROJECT"
"COPWI.ETE" (GC65943)
WRITTEN DETERMINATION
SENT TO APPLICANT
FOR A PROJECT INVOLVING A PERMIT LEASE,
LICENSE, OR OTHER ENTITLEMENT FOR USE,
DETERMINATION OF WHETHER A N.D. OR EIR IS
REQUIRED. (PF 21080.2)
•
FOR A PROJECT INVOLVING A LEASE,
PERMIT, LICENSE OR OTHER ENTITLE
lIENT FOR USE,COMPLETION OF NEGATIVE
DECLARATION (PR 21151.5; 14 CAL.ADMIN.
CODE SEC. 15054.2(b).)
NOTICE OF PREPARATION TO RESI'ONS I BLE
AGENCIES (if EIR) (PR 21080.4)
Note: A moratorium on
approving develop-
ment projects does
not automatically
waive or extend
these time limits,
but such can provide
the basis for the
agency's refusing
to accept an ap-
plication as
complete or for
denying approval
of a development
project application.
1 FUR A PROJECT INVOLVING A
PERMIT, LEASE, LICENSE OR
O'I'LIER ENTITLEMENT FOR USE,
COMPLETION AND CERTIFICATION
OF THE RIR.
(PR 21151.5)
(THIS HAY BE WAIVED IF A
JOINT EIS /EI K 1S PREPARED)
2CITY MUST APPROVL UIS
APPROVE APPLICATION FOR
A "DEVELOPMENT PROJECT,"
• OR IT IS DEEMED APPROVED
(CSC 65950, 65956 i 65951)
Ln
N
M
co
O
z
RESOLUTION
MLW9 -27A
Rev'd 1980
PUBLIC NOTICE
NEGATIVE DECLARATION
The City of hereby gives notice that
pursuant to the authority and criteria contained in the Cali-
fornia Environmental Quality Act and the Environmental Impact
Report Guidelines of the City of , the
(e.g., Staff or the Director of Planning)
has analyzed 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 specifica-
tions, Initial Study, and the NEGATIVE DECLARATION, is on file
in the offices of
•
Date: By:
(Title)
RESOLUTION NO. 83 -74 -57-
MLW9 -28A
Rev'd 1980
PUBLIC NOTICE
NOTICE OF COMPLETION
ENVIRONMENTAL IMPACT REPORT
The City of hereby gives notice that
pursuant to the authority and criteria contained in the
California Environmental Quality Act and the Environmental
Impact Report Guidelines of the City, the Lead Agency for
(project title and permit number), proposed
to be located at
(address)
has completed an ENVIRONMENTAL IMPACT REPORT.
Public review of the project specifications and ENVIRONMENTAL
IMPACT REPORT will be provided by the City prior to action
on the project through , 19 . A copy of all
relevant material is on file in the offices of
•
DATE: By:
(Title)
RESOLUTION NO. 83 -74 -58-