CC RES 1978-032RESOLUTION NO. 78 -az
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES REPEALING RESOLUTION
NO. 77-14 AND ADOPTING PROCEDURES IMPLE-
MENTING THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AS AMENDED, 1977, AND THE GUIDELINES OF
THE SECRETARY FOR THE RESOURCES AGENCY.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
RESOLVE AS FOLLOWS:
Section 1. Resolution No. 77-14 is hereby repealed.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 by AB 884,
Chapter 1200 of the Statutes of 1977, and the Guidelines of
the Secretary for the Resources Agency.
May
ATTEST:
INTRODUCED, APPROVED and ADOPTED this 16th day of
, 1978.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
ss.
MAYO
I 1.1-1 _��_� it , City Clerk of the City of
Rancho Palos V- r, •�' ifornia, do hereby certify that the
whole number of -� bers of the City Council of said City is
five; that the foregoing resolution, being Resolution No.
, was duly and regularly adopted by the City Council of
said City at a regular meeting of said Council, duly and
regularly held on the 16th_ day of MaY , 1978, and that
the same was so passed and adopted by the following vote:
AYES: COUNCILMEMBER: Buerk, Ryan, Shaw, Hein and . Dyda
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
d4v/
City Clerkx/ C'ty o
Verdes, Cali ornia
Ranc d'Palos
RESOLUTION NO. 78-32
In lieu of attaching the referred to
appendix, this will certify that the
documents referred to in this resolu-
tion are on file in Section 1203 of the
Council Action Files and in the Clerk's
resolution files.
Mary J. Lo ' u;. , Depu
i
'4
City C
erk
CITY OF RANCHO PALOS VERDES
ENVIRONMENTAL IMPACT REPORT GUIDELINES
Page
I. GENERAL . . . . . . . . . . . . . . . . . . . . . . 1
A. Use . . . . . . . . . . . . . . . . . . . . . . 1
B Definitions •. •. •. •. - • - 1
C. Exemptions from CEQA . . . . . . . . . . . . . 3
D. Application of CEQA to Discretionary Projects . 4
E. Submission of Data by Applicant . . . . . . . . 4
F. Fees . . . . . . . . . . . . . . . . . . . . . 4
II. THE PRELIMINARY REVIEW PROCESS . . . . . . . . . . 4
A. Receipt of Application . . . . . . . . . . . . 4
B. Determination of Exemption . . . . . . . . . . 5
C. Initial Study . . • • • • - • • • • • • • • • 5
D. Consultation with Responsible Agencies . . . • 6
E. Negative Declaration . . . . . • • . • • • • • 6
III. THE EIR PROCESS . . . . . . . . . . . . . . . . . 8
A. Decision to Prepare an EIR . . . . . . . . . . 8
B. Preparation of the Draft EIR . . . . . . . . . 8
C. Public Review of the Draft EIR . . . . . . . . 11
D. Evaluation of Comments by Lead Agency . . . • . 12
E. The Final EIR 12
F. Findings . . . . . . . . . . . . . . . . . . . 12
G. Statement of Overriding Considerations . . . . 13
IV. FILINGS REQUIRED BY CEQA . . . . . . . . . . . . . 13
A. Notice of Preparation . . . . . . . . . . . . . 13
B. Notice of Completion . . . . . . . . . . . . . 13
C. Notice of Determination . . . . . . . . . . . . 14
V. APPENDICES
A. Flow Chart - Environmental Impact
Report Process
B. Environmental Information and Checklist Form
C. List of Categorical Exemptions
D. Notice of Preparation
E. Notice of Completion
F. Notice of Determination
G. Negative Declaration Form
H. Examples of Significant Effects
I. Energy Conservation Measures
J. Projects of Statewide, Regional or Areawide
Significance.
K. Chart of Maximum Time Limits
MLW27-2B
I. GENERAL.
A. Use.
These Guidelines, effective January 1, 1978, set
forth the procedures which shall be used by the City
of San Fernando in the implementation of the California
Environmental Quality Act of 1970 (CEQA), as amended by
AB 884, Chapter 1200 of the Statutes of 1977. They are
based on the State Guidelines promulgated by the
Resources Agency, 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 the Government Code) , and any other
division of land except where the land division is
brought about in connection with the purchase of
such land by a public agency for public recreational
use; change in the intensity of use of water, or of
access thereto; construction, reconstruction,
demolition, or 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.
(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.
(3) Environmental Impact Report (EIR). Environmental
Impact Report (EIR) means a detailed statement setting
forth the environmental effects and considerations
pertaining to a project as specified in Section 21100
of CEQA, and may refer to either a Draft or a Final
EIR, pursuant to Sections III . B . and III . E . of these
Guidelines.
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MLW27-3B
(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
(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 signifi-
cant
ignifi-
cant effect on the environment are listed in Appendix
"H".
C. Exemptions From CEQA.
The following projects are exempt from the requirements
of CEQA and do not require the preparation of an Initial Study,
Negative Declaration, or EIR:
(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
building permits, business licenses, 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 environ-
ment. 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.
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• MLW27-4B
,
(4) Initial Study.. Initial Study means a preliminary
analysis prepared 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) Lead Agency.. Lead Agency means the local
agency (i.e., the City or Redevelopment Agency) ,
which has the principal responsibility for carrying
out or approving a project, and which shall prepare
the environmental documents for a project.
(6) Negative Declaration. Negative Declaration
means a written statement by the Lead Agency briefly
presenting the reasons why a proposed project will
not have a significant effect on the environment and
does not require the preparation of an EIR.
(7) Project. Project means the whole of an action,
which has a potential for resulting in a physical
change in the environment, directly or ultimately,
that is any of the following:
(a) An activity directly undertaken by a public
agency including but not limited to public
works construction and related activities,
clearing or grading of land, improvements to
existing public structures, enactment and
amendment of ordinances, and the adoption and
amendment of local General Plans or elements
thereof pursuant to Government Code Sections
65100 through 65700;
(b) An activity undertaken by a person which is
supported in whole or in part through public
agency contracts, grants, subsidies, loans, or
other forms of assistance from one or more
public agencies;
(c) An activity involving the issuance to a person
of a lease, permit, license, certificate, or
other entitlement for use by one or more
public agencies.
(7) Responsible Agenci. Responsible Agency means
a public agency, other than the Lead Agency, which has
responsibility for carrying out or approving a project.
(8) §Jnificant 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:
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MLW27-5B
(4) Projects which the Lead Agency rejects or disapproves.
D. Application of CEQA to Discretionary Projects.
Except as provided in Sections I.C. and I I . C . 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
completed "Environmental Information and Checklist
Form," must be submitted by the applicant so that an
Initial Study may be prepared. A copy of this form
is included in these Guidelines as Appendix "B".
(2) In addition, the applicant shall provide the Lead
Agency with a list of any additional public agencies
which will have discretionary approval power over the
project.
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 II . E (7) of these Guidelines.
II. THE PRELIMINARY REVIEW PROCESS.
A. Receipt of Apel icat ion .
(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
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MLW27-6B
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.
(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
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 or an officer to take
action on an application within 60 days or less;
and
(b) The enabling legislation provides that
the project will be approved by operation of law
if the Lead Agency or officer fails to take any
action within this 60 -day time period; and
(c) The project involves the issuance of a
lease, permit, license, certificate, or other
entitlement for use.
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
require ments 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.
(2) Contents. The Initial Study shall contain the
following information in brief form:
(a) A description of the project;
(b) An identification of the environmental
setting;
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MLW2 7- 7B
(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.
(3) Uses. The Initial Study shall be used in the
following manner:
(a) The Initial Study shall be used to
determine whether a Negative Declaration or
an EIR shall be prepared for a project;
(b) A project may be revised in response to an
Initial Study so that potential adverse effects are
mitigated to a point where no significant environ-
mental effects would occur. In that case, a
Negative Declaration shall be prepared instead of
an EIR. If, however, the project would still
result in one or more significant effects on the
environment after mitigation measures are added to
the project, an EIR shall be prepared.
(c) If an EIR is prepared it shall emphasize
study of the impacts determined to be significant
and can omit further examination of those impacts
found to be clearly insignificant in the Initial
Study.
D. Consultation with Responsible Agencies.
Prior to determining whether a Negative Declaration or
EIR is required, the Lead Agency shall consult informally
with all Responsible Agencies.
E. Negative Declaration.
(1) General. A Negative Declaration, defined in
Section I .B. (6) of these Guidelines, shall be
prepared for a project which could potentially have
a significant effect on the environment, but which
the Lead Agency finds on the basis of an Initial
Study does not have a significant effect on the
environment. Before completing a Negative Declara-
tion, the Lead Agency shall consult with all Responsi-
ble Agencies, as defined in Section I . B . (7) of these
Guidelines. A form of Negative Declaration is
provided in Appendix "G".
(2) Contents. A Negative Declaration must be written
and shall include:
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MLW27-8B
(a) A brief description of the project as proposed,
including a commonly used name for the project, if
any;
(b) The location of the project and the name of
the project proponent;
(c) A finding that the project will not have a signi-
ficant effect on the environment;
(d) An attached copy of the Initial Study docu-
menting reasons to support the finding; and
(e) Mitigation measures, if any, included in the
project to avoid potentially significant effects.
(3) Notice. Notice to the public of the preparation
of the Negative Declaration shall be provided within a
reasonable period of time prior to final adoption of
the Negative Declaration. Notice shall be given to all
organizations and individuals who have previously
requested such notice, an, -7: shall, in addition, be given
by at least one of the foiicwing procedures:
(a) Publication, no fewer times than required by
Section 6 061 of the Government Code, by the Lead
Agency in a newspaper of general circulation in
the area affected by the proposed project; or
(b) Posting of notice by the Lead Agency on and
off site in the area where the project is to be
located; or
(c) Direct mailing to owners of property contiguous
to the project.
(4) Public Review. The Negative Declaration shall
be made available to the public for ten (10) working
days from the date of publication of notice prior to
its final adoption in order to provide an opportunity
for members of the public to respond to the finding.
(5) Consultation with Responsible Agencies. Before
completing the Negative Declaration, the Lead Agency
shall consult with all Responsible Agencies.
(6) State Clearinghouse. If a project is determined
to be of statewide, regional or areawide significance,
pursuant to the criteria in Appendix J of these Guidelines,
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.
(7) Appeal of Final Adoption. Within ten (10) days
after the final adoption of the Negative Declaration,
the decision of the Lead Agency may be appealed in
writing to the City Council. A fee will be required
pursuant to Section I.F.(4) of the Guidelines.
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MLW27-9B
(8) 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 IV.C. of these Guidelines.
(9) Time Limit. For a project involving a lease,
license, permit, certificate or other entitlement for
use, a Negative Declaration must be completed and
adopted 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.
III. THE EIR PROCESS.
A. Decision to Prepare an EIR.
(1) If the Lead Agency finds after an Initial Study,
and despite any mitigation measures implemented under
Section II B (3) of these Guidelines, 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) Immediately after deciding that an EIR is required,
the Lead Agency shall send by certified mail to each
Responsible Agency, a Notice of Preparation, as provided
for in Section IV of these Guidelines.
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 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.
(b) The EIR should be prepared using a systematic,
interdisciplinary analysis, but no single discipline
shall be designated or required to undertake this
evaluation.
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MLW27-10B
(c) 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.
(d) Each report shall contain a brief summary of
the proposed action and its consequences. The EIR
shall also include a Table of Contents or Index.
(e) An EIR prepared for a general plan may be
used as the foundation document for subsequent
EIRs prepared for specific projects within the
geographic area covered by the general plan.
(2) Consultation with Responsible Agencies. The Lead
Agency shall consult with all Responsible Agencies
before completing a draft EIR.
(3) Contents. A Draft EIR 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.
(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. Specific reference to related
projects, both public and private, both existing
and planned, in the region should be included for
purposes of examining the possible cumulative
impact.
(c) 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
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only in EIRs prepared for the following: the
adoption, amendment, or enactment of a plan,
policy, or ordinance of a public agency; the
adoption by a local agency formation commission of
a resolution making determinations; or, a project
requiring an EIS under the National Environmental
Policy Act of 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.
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 levels of reduction
and the basis for them. 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 "I" of these Guidelines,
shall be discussed when relevant.
4. 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.
5. The relationship between local short-term
uses of man's environmental and the maintenance
and enhancement of long-term productivity includ-
ing 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.
6. Any significant irreversible environmental
changes which would be involved in the proposed
action should it be implemented including irrever-
sible uses of nonrenewable resources, and irrever-
sible commitments to future uses.
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7. 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.
8. A statement briefly indicating the
reasons why various possibly significant
effects of a project were determined not
to be significant.
(d) 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.
(e) Water Quality Aspects. Describe in the
"environmental setting" section, and other 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 substantial compliance
with applicable water quality standards.
C. Public Review of Draft EIR.
(1) Consultation. After completing a Draft EIR, the
Lead Agency shall consult with and obtain comments from
all Responsible Agencies, other public agencies having
jurisdiction by law with respect to the project and
should consult with persons 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 at the same
time it sends a Notice of Completion to the Resources
Agency, as provided for in Section IV.B. of these
Guidelines. Notice shall be given to all organizations
and individuals who have previously requested such
notice and shall, in addition, be given by at least one
of the following procedures:
(a) Publication, no fewer times than required by
Section 6061 of the Government Code, by the Agency
in a newspaper of general circulation in the area
affected by the project; or
(b) Posting of notice by the Agency on and off
site in the area where the project will be
located; or
(c) Direct mailing to owners of property
contiguous to the property.
(3) Public Review Period. In order to allow the
general public sufficient opportunity to comment,
the Draft EIR shall be made public at least thirty
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(30) days but not longer than ninety (90) days prior
to the time the Lead Agency holds a public hearing
or certifies the Final EIR. A public hearing on the
Draft EIR will be held by the Environmental Committee
of the Lead Agency following the public review
period, at which time the comments received may be
discussed.
(4) State Clearinghouse. The Lead Agency shall use
the State Clearinghouse whenever it distributes the
EIR or other environmental documents 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 J
of these Guidelines, the EIR must be submitted to
the State Clearinghouse and should also 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 Agenci.
Staff shall evaluate comments received from persons
and organizations 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 signi-
cant 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 and the factors of overriding
importance.
(2) Certification. The Final EIR shall be presented
to the decision-making body of the Lead Agency. The
Lead Agency shall certify that the Final EIR has been
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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 con-
sidered 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.
F. 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 respon-
sibility
espon-
sibility 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 considerations
make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
G. Statement of Overriding Considerations. Where the
decision to approve a project allows the occurance of
significant effects identified in the Final EIR without
mitigation (as may be the case when findings are made
pursuant to Section III. F. (2) and (3) above), the
decision-making body must make a written statement of
the overriding considerations supporting its decision,
based on the Final EIR and 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 commplete or it is
-13-
MLW27-15B
deemed to be approved. An extension of time not to
exceed 90 days may be granted upon consent of the Lead
Agency and the applicant. (Government Code Sections
65950, 65956 and 65957).
IV. 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, send each Responsible Agency 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. The Notice shall
include the description and loction of the project and
the probable environmental effects of the project. A
form for this Notice is provided for in Appendix "D" 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 period during which comments
will be received. A form for this Notice is provided
in Appendix "E" of these Guidelines.
C. Notice of Determination.
(1) For a Negative Declaration: If the Lead Agency
approves a project for which a Negative Declaration has
been prepared, the Lead Agency must file a Notice of
Determination which shall include:
(a) The decision of the Lead Agency to approve
the project;
(b) The Determination of the Lead Agency
whether the project will have a significant
effect on the environment;
(c) A statement that no EIR has been prepared
pursuant to the provisions of CEQA; and
(d) 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 hs been prepared, the Lead Agency must
file a Notice of Determination which shall include:
(a) An identification of the project by its
common name where possible;
(b) The decsion of the Lead Agency to approve
or carry out the project;
(c) The determination of the Lead Agency whether
the project, in its approved form, will have a
significant effect.
-14-
MLW27-16B
(d) A brief statement of the mitigation measures
which were adopted by the Lead Agency to reduce the
impacts of the approved project; and
(e) An indication of whether a Statement of Over-
riding Considerations was made.
(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. A
form for the Notice of Determination is provided for in
Appendix "F" of these Guidelines.
(4) The filing of the Notice of Determination with the
Secretary for Resources or County Clerk starts a 30 day
statute of limitations on court challenges to the Lead
Agency's approval under CEQA. (Public Resources Code
§21167(b).)
tir r =ay iJ 1.z.
EIR DECISION MAKING PROCESS (FLOW CHART)
Determination of Lead
Agency Where More Than
1 Agency Involved
r_
App
licant -I
I
Submits Data t
Project Application Submitted
Agency Determines if
Activity is a "Project"
1
"Project"
Agency Determines
if Project is Exempt
Y
Not Exempt
Initial Study to Determine
if Significant Effect - -
Possible Significant Effect
Lead Agency Consults With
Concerned Persons or Organi-
zations and Responsible
Agencies
Decision to
Prepare EIR -
Notice of Preparation
i
Lead Agency Consults
with Responsible Agencies
and Prepares Draft EIR
Notice of Completion l
30-90 Day Public Review
Period
Lead Agency Prepares
and Certifies Final EIR
y
Consideration of Final EIR by
Decision waking Body and
Decision on Project
MU
_ _
Necessary Findings Made
INotice of Determination
Not a
"Project"
Exempt
Project Revised and
Adverse Effects Mitigated
Y
Significant Effect
Still Results
1
Applicant V
Submits Data
Consultation with
Responsible Agencies
and Persons with
Expertise
CEQA Not Applicable
A
No Significant
�+
Effect
r
No Significant
)' Effects
Lead Agency Prepares
Negative Declaration
and Makes it Available
to Public
(Decision on Project)
APPENDIX B
ENVIRONMENTAL INFORMATION AND CHECKLIST FORM
(Initial Study)
Date Submitted:
GENERAL INFORMATION
No.
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) :
MLW9-17A
PROJECT DESCRIPTION
7. Site size:
8. Square footage:
9. Number of floors of construction:
10. Amount of off-street parking provided:
11. (Attach plans.)
12. Proposed scheduling:
13. Associated projects:
14. Anticipated incremental development:
15. If 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,
-2-
MLW9-18A
and community benefits to be derived from the project:
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, ' nclud ing information on topography, soil
stability, plants and animals, and any cultural, historical or
scenic aspects. Describe any existing structures on the site,
and the use of the structures. Attach photographs of the site.
Snapshots or polaroid photos will be accepted.
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 (one -family,
apartment houses, shops, frontage, set -back, rear yard, etc.),
and scale of development (height, frontage, set -back, rear yard,
etc.) . Attach photographs of the vicinity. Snapshots or polaroid
photos will be accepted.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required
on attached sheets.)
YES MAYBE NO
22. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, com-
paction or overcovering of the soil?
c. Change in topography or ground
surface relief features?
-3-
MLW9-19A
YES MAYBE NO
d. The destruction, covering or
modification of any unique geologic
or physical features?
e. Any increase in wind or water
erosion of soils, either on or off
the site?
f. Changes in deposition or erosion
of beach sands, or changes in
siltation, 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?
-4-
MLW9-20A
YES MAYBE NO
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?
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?
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
aquatic plants) ?
b. Reduction of the numbers of any
unique, rare or endangered species
of plants?
c. Introduction of new species of
plants into an area, or in a
barrier to the normal 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?
-5-
MLW9-21A
YES MAYBE NO
d. Deterioration to existing fish
or wildlife habitat?
27. Noise. Will the proposal result
in:
a. Increases in existing noise
levels?
b. Exposure of people to severe
noise levels?
28. Light and Glare. Will the
proposal produce new light or
glare?
29. Land Use. Will the proposal
result in a substantial 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?
...111111=1.1.
b. Substantial depletion of any
nonrenewable natural resource?
31. Risk of Upset. Does the proposal
involve a risk of an explosion
or the release of hazardous sub-
stances (including, but not
limited to, oil, pesticides,
chemicals or radiation) in the
event of an accident or upset
conditions?
32. Population. Will the proposal
alter the location, distribution,
density, or growth rate of the
human population of an area?
...11111.11.11116
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?
MLW9-22A
YES MAYBE NO
b. Effects on existing parking
facilities, or demand for new
parking?
c. Substantial impact upon
existing transportation systems?
d. Alterations to present
patterns of circulation or 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. Enercy. 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?
-7-
• MLW9-23A
YES MAYBE NO
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
38-. Human Health. Will the proposal
result in:
a. Creation of any health hazard
or potential health hazard
(excluding mental health) ?
b. Exposure of people to 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 creationof 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. Archaeological/Historical. Will
the proposal result in an alter-
ation of a significant archaeolog-
ical or historical site, structure,
object or building?
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
the range of a rare or endangered
plant or animal or eliminate impor-
tant examples of the major periods
of California history or prehistory?
-8-
MLW9-24A
YES MAYBE NO
(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.)
(c) Does the project have impacts
which are individually limited, but
cumulatively considerable? ( A
project may impact on two or more
separate resources where the impact
on each resource is relatively small,
but where the effect of the total of
those impacts on the environment is
significant.)
(d) Does the project have environ-
mental effects which will cause
substantial adverse effect on human
beings, either directly or
indirectly?
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation
nfor-
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
Fo r
(Signature)
(Applicant)
MLW9-25A
Date
DISCUSSION OF ENVIRONMENTAL EVALUATION AND DETERMINATION
(To be completed by the Lead Agency)
DISCUSSION: (may be attached)
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.
For
(Signature)
MW4-25A
APPENDIX C
LIST OF CATEGORICAL EXEMPTIONS
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 50 percent
of the floor area of the structures before the addition or
2500 square feet, whichever is less;
(f) Addition of safety or health protection devices for use
during construction of or in conjunction with existing
structures, facilities o r mechanical equipment, or topo-
graphical features including navigational devices;
(g) New copy on existing on and off -premise signs;
(h) Maintenance of existing landscaping, active growth and
water supply reservoirs (excluding the use of economic
poisons, as defined in Division 7, Chapter 2, California
Agricultural Code) ;
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
. r MW4 - 2 6A
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) Minor repair and alterations to existing dams and appurte-
nant structures under the supervision of the Department of
Water Resources.
Class 2: placement 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 and purpose.
Class 3: New Construction of Small Structures. Class 3
consists of construction and location of single, new, small
facilities or structures and installation of small new equip-
ment and facilities including but not limited to:
(a) Single family residences not in conjunction with the
building of two or more such units.
(b) Motels, apartments, and duplexes designed for not more
than four dwelling units if not in conjunction with the
building of two or more: such structures.
(c) Stores, offices, and restaurants if designed for an
occupant load of 20 persons or less, if not in conjunction
with the building of two or more such structures.
(d) Water main, sewage, electrical, gas and other utility
extensions of reasonable length to serve such construc-
tion.
onstruc-
tion.
(e) Accessory (appurtenant) structures including garages,
carports, patios, swimming pools and fences.
Class 4: Minor Alterations to Land. Class 4 consists of
minor public or private alterations in the condition of land,
-2-
MW4-27A
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 where it is to be located 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,
ar-
nivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is
restored.
g) Maintenance dredging where the spoil is deposited in a
spoil area authorized by all applicable state and federal
regulatory agencies.
Class 5: Alterations in Land Use Limitations. Class 5
consists of minor alterations in land use limitations, except
zoning, 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
nor in any change in land use or density;
(b) Issuance of minor encroachment permits.
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-
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.
-3-
MW4-28A
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 of 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.
Class 12: Surplus Government Property Sales. Class 12
consists of sales of surplus government property except for
parcels of land located in an area of statewide interest or
potential area of critical concern as identified in the
Governor's Environmental Goals and Policy Report prepared
pursuant to Government Code Sections 65041 et seq. However, if
the surplus property to be sold is located in those areas
identified in the Governor's Environmental Goals and Policy
Report, its sale is exempt if:
(a) The property does not have significant values for wildlife
habitat or other environmental purposes, and
(b) Any of the following conditions exist:
(1) The property is of such size or shape that it
is incapable of independent development or use, or
(2) The property to be sold would qualify for an
exemption under any other class of categorical exemption in
these gu ildel ines , or
(3) The use of the property and adjacent property has
not changed since the time of purchase by the public agency.
-4-
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 five classrooms, whichever is
less. The addition of portable classrooms is included in this
exemption.
Class 15. Functional Equivalent of an EIR (deleted) .
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 tn a natural
condition or preserve the historic or archaeological site.
CEQA will apply when a management plan s proposed that
will change the area from its natural condition or signi-
ficantly
igni-
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
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 Existing Facilities and Lots for
Exempt Facilities. Class 19 consists of only the following
annexations:
(a) Annexations to a city or special district of areas 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.
-5-
MW4 -30A
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.)
Class 22: Educational or Training Programs Involving No
sisal Changs. Class 22 consists of the adoption, alteration,
or termination of educational or training programs which
involve no physical alteration in the area affected or which
involve physical changes only in the interior of existing
school or training structures. Examples include, but are not
limited to:
(a) Development of or changes in curriculum or training
methods.
(b) Changes in the grade structure in a school which do not
result in changes in student transportation.
Class 23: Normal Operations of Facilities for Public Gather incus .
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.
MW4 -1B
Class 24: emulation 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.
MW4-15A
APPENDIX D
NOTICE OF PREPARATION
TO: FROM:
(Responsible Agency)
(Address)
(Lead Agency)
(Address)
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
will be the Lead Agency
and will prepare an environmental impact report for the project
identified below. We need to know the views of your agency as
to the scope and content of the environmental information which
is germane to your agency's statutory responsibilities in connection
with the proposed project. Your agency will need to use the EIR
prepared by our agency when considering your permit or other approval
for the project.
The project description, location, and the probable environmental
effects are attached. A copy of the Initial Study / / is, / /
is not, attached.
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.
MW4-16B
APPENDIX E
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
MW4-178
APPENDIX F
NOTICE OF DETERMINATION
TO: Secretary for Resources FROM:
1416 Ninth Street
Room 1311
Sacramento, California 95814
County Clerk
County of
SUBJECT: Filing of Notice of Determination in compliance with
Section 21108 or 21152 of the Public Resources Code.
Project Title (common name where possible)
State Clearinghouse Number (If submitted to State Clearinghouse)
Contact Person
Project Location
Project Description
Telephone Number
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 Environmental Impact Report was prepared for this
project pursuant to the provisions of CEQA, and was
reviewed and considered by the decision-making body
prior to its decision on the project.
A brief statement of the mitigation measures adopted
is attached.
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
MLW9-26A
APPENDIX G
NEGATIVE DECLARATION
FOR:
(Project)
Application has been filed with the City of
for approval of the project known as
to be located at
and to be implemented by
The project is briefly described as:
Pursuant to the authority and criteria contained in the California
Environmental Quality Act 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
pecifica-
tions is on file in the offices of
Date: By:
(Title)
MW4-18B
APPENDIX H
SIGNIFICANT EFFECTS
A project will normally have a significant effect on
the environment if it will:
(a) Conflict with adopted environmental plans and
goals of the city where it is located;
(b) Have a substantial, demonstrable, negative aesthetic
effect;
(c) Substantially affect a rare or endangered species
of animal or plant or the habitat of the species;
(d) Interfere substantially with the movement of any
resident or migratory fish or wildlife species;
(e) Breach published national, state, or local
standards relating to solid waste or litter control;
(f) Substantially degrade water quality;
(g) Contaminate a public water supply;
(h) Substantially degrade or deplete ground water
resources;
(i) Interfere substantially with ground water
recharge;
(j) Disrupt or alter an archaelogical site over 200
years old, an historic site or a paleontological site except as
part of a scientific study of the site;
(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;
MW4 -19 B
(t) Substantially diminish habitat for fish, wild-
life or plants;
(u) Disrupt or divide the physical arrangement of
an established community;
(v) Create a public health hazard or a potential
public health hazard;
(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.
MW4-20B
APPENDIX I
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.
I I . 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.
B. Environmental Setting may include existing energy
supplies and energy use patterns in the region and locality.
C. Environmental Impacts may include:
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.
MW4-213
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.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, ineffi-
cientand 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.
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.
MW4-16A
APPENDIX J
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.
MW4-17A
(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.
START 30 ---
days
HERE -5
APPLICATION FOR A
"DEVELOPMENT PRO-
JECT" RECEIVED
(GC65927,65928)
APPENDIX K
MAXIMUM TIME LIMITS
PUBLIC RESOURCES CODE (CEQA) & GOVERNMENT CODE
EFFECTIVE JANUARY 1 , 1978
ONE YEAR
(plus 90 clay extenslon)2
ONE YEAR
(plus reasonable extension) 1 -
105 (Llys
(plus
reasonable extension)
45
days
DETERMINATION OF WHETHER
AN APPLICATION FOR A
"DEVELOPMENT PR1JE(.;T" IS
"COMPLETE" (GC65943)
WRITTEN DETERMINATION
SENT TO APPLICANT
,1
FOR A PROJECT
INVOLVING A PERMIT
LEASE, LICENSE, OR
OTHER ENT ITLEMENT
FOR USE, DETERMINATION
OF WHETHER A N.D. OR
EtR IS REQUIRED.
(PF 21080.2)
a
FOR A PROJECT INVOLVING A
LEASE, PERMIT, LICENSE OR
OTHER ENTITLEMENT FOR USE -
COMPLETION ANI) "FINAL
ADOPTION" OF NEGATIVE DECLARATION
(PR 21151.5)
1
NOTICE OF PREPARATION
TO RESPONSIBLE AGENCIES
(.if E:1R) (PR 21.080.41)
'FOR A PRO.1ECT.
INVOLVING A PERMIT,
LEASE, LICENSE OR
OTHER ENTITLEMENT
FOR USE, COMPLETION
AND CERTIFICATION
OF TIME EIR.
(PR 21151.5)
' (TiltS MAY BE WAIVED
IF A JOINT EIS/EIR
'IS PREPARED)
,2CITY MUST APPROVE/
DISAPPROVE APPLICA-
TION FOR A "DEVELOP-
MENT PROJECT," OR
IT IS DEEMED
APPROVED (GC 65950,
65956 & 65957)
MLW'9- 2 7A
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
permit number) proposed to be located at
(address).
After reviewing the Initial Study and 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.
A period of days from the date of publication
of this notice will be provided to enable public review of the
project specifications and the Initial Study prior to final
adoption of the NEGATIVE DECLARATION and action on the project
by the City.
A copy of all relevant material, including the NEGATIVE DECLAR-
ATION, is on file in the offices of
Date: By:
(Title)
MLW9-28A
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 of
the Lead Agency for (project permit number)
proposed to be located at
(address)
has completed an ENVIRONMENTAL IMPACT REPORT.
A period of days from the date of filing this
NOTICE OF COMPLETION will be provided to enable public review
of the project specifications and ENVIRONMENTAL IMPACT REPORT
prior to action on the project by the City. A copy of all
relevant material is on file in the offices of
DATE: By:
(Title)