HomeMy WebLinkAboutResolutions - No. 79-1RESOLUTION NO. 79-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
APPROVING THE PLANNING COMMISSION'S RECOMMENDA.-
TION TO ADOPT REVISED GUIDELINES FOR THE IMPLEMEN-
TATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT OF
1970 (i.e., CEQA).
WHEREAS, the Resources Agency of the State of
California has revised the Guidelines for the Implementation of
the California Environmental Quality Act of 1970 (i.e. , CEQA)
to encompass court decisions and legislative acts affecting the
Act; and
WHEREAS, the Lodi City Planning Commission, upon
the recommendation of the City Attorney's Office and the
Community Development Department, have adopted new CEQA
Guidelines and recommended the same to the City Council;
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Lodi adopts Revised Guidelines for the
Implementation of the California Environmental Quality Act of
1970 (i.e., CEQA) as per the document attached hereto identi-
fied as Exhibit "A" and thereby made a part hereof.
Dated: January 3, 1979
I hereby certify that Resolution No. 79- 1 was passed
and adopted by the City Council of the City of Lodi in a regular
meeting thereof held Wednesday, January 3, 1979 by the follow-
ing vote:
Aye s: Councilmen - Hughes, Katzakian, and
McCarty
Noes: Councilmen - None
Absent- Councilmen - Katnich and Pinkerton
�;ArES B. SCHROEDER
PUTY CITY CLERX
79-1
REVISED
ENVIRONMENTAL GUIDELINES
CITY OF LODI
1978
(DRAFT)
Exhibit "A"
TABLE OF CONTENTS
Page
ARTICLE I AUTHORITY ...................................
ARTICLE 2 POLICY .....................................
Section
2.1
Legislative Declaration ..............
Seciion
2.2
State Policy .......................... .
I
Section
2-3
.
City Policy ..........................
3
Section
2.4
Information Document .... .............
4
Section
2.5
Terminoloo . ..........................
cly
4
Section
2.6
Time of Preparation ..................
5
ARTICLE 3 DEFINITIONS ................................
5
ARTICLE 4 GENERAL RESPONSIBILITIES ...................
11
Section
4.1-
City Implementation" ..................
11
Section
4.2
Delegation of Responsibilities ........
11
Section
4.3
Lead Agency CEQA Time Limit .......... .
12
Section.
4.4
Responsible Agency CEQA Time Limits..-
13
ARTICLE 5
APPLICATION OF THESE GUIDELINES TO PROJECTS
13
Section
5.1
General Rule .........................
13
Section
5.2
Public Projects ......................
13
Section
5.3
Private -Projects ......................
14
Section
5.4
Federal Projects .....................
14
Section
5.5
Lead Agency Principle ..................
15
Section
5.6
Lead Agency Criteria ..................
16
Section
5.7
Shift in I Lead Agency Responsibilities-
16
Section
5.8
Designation of Lead Agency by
Office of Planning and Research -------
16
Section
5.9
Consultation .........................
16
Section
5.10
Subsequent EIR ........................
17
Section
5.11
Use of Single EIR --------------------
is
Section
5.12
Use of General Plan EIR with
Subsequent Projects ..................
19
Section
5.13
Multiple and Phased Projects .........
19
Section
5.14
Staged EIR ...........................
19
Section
5.15
Master Environmental Assessment ------
20
Section
5.16
Ongoing Project ........... -----------
21
Section
5.17
Emergency Projects ...................
22
Section
5.18
Feasibility and Planning Studies ......
23
Section
5.19
Ministerial Projects .................
23
Section
5.20
Notice of Exemption ------------------
23
Section
5.21
Projects Which are Disapproved --------
24
rage
ARTICLE 6 EVALUATING PROJECTS 24
Section
6.1
Initial Projects
24
Section
6.2
Environmental Review
26
Section
6.3
Environmental Deterniination ..........
26
ARTICLE 7
NEGATIVE DECLARATION PROCE - SS ---------------
28
Section
7.1
Contents .............
29
Se6tion
7.2
Public Notice .........................
29
Section
7.3
29
Section
7.4
Appeals of Negative Declarations
29
Section
7.5
Action on the Project .................
30
Section
7.6
Notice of Determination...
30
ARTICLE 8
EIR
PROCESS ................................
30
Section 8.1 Decision to Prepare EIR... . . . _ - _ - - - -
Section 8.2 EIR Notification and Appeal -----------
Section 8.3 Preparation of the Draft
Section 8.4 Content of a Draft EIR .... ...........
Section 8.5 Notice of. * Completibn ..................
Section 8.6 Distribution of the Draft EIR .........
Section 8.7 Public
Section 8.8 Comments on the Draft EIR -------------
Section 8.9 Preparation of the Final RIR. .........
Section 8.10 Contents of the Final EIR .............
Section 8.11 Certification of the Final EIR --------
Section 8.12 Notice of Determination - - - - - - - - - - - - - - -
Section 8.13 EIR Combined with Existing
Planning and Review Process -----------
C,
Section 8.14 Findinos ...........
Section 8.15 Statement of Overriding Considerations
ARTICLE 9 CATECORICAL EXEMPTIONS ....................
Section 9.1 Class 1: , Existing Facilities ---------
Section 9.2 Class 2: Replacement or
Reconstruction.......
Section 9.3 Class 3: New Construction of
Small Structures.........
Section 9.4 Class 4: Minor Alterations
to Land ...............................
Section 9.5 Class' 5: Alterations in Land
Use
Section 9-6 Class 6: Information Collection__
section 9.7 Class 7: Regulatory Actions for
'Protection of Natural Resources-__
Section 9.8 Class 8: RC-Ulatory Actions for the
C,
Protection of the- Environment ---------
Section 9.9 Class 9: Inspections -----------------
ii
30
31
32
32
32
33
33
34
34
34
34
34
35
35,
35
36
36
39
40
40
42
42
42
4Z
42
Section
9.10
Class 10: . Loans.........____
42
Section
9.11
Class 11: Accessory Structures-__
43
Section
9.12
Class 12: Surplus Government
.47
Section
10.4
Property
43
Section
9.13
Class 13: Acquisition of Lands
49
Section
10.6
for Wildlife Conservation Purposes---
43
Section
9.14
Class 14: Minor Additions to Schools-
43
Section
9.14.
Class 15: Transfer of Ow-nersh-1p,
53
Section
10.8
of Land in Order to Create Parks ------
44
Section
9.16
Class 16: Open Space Contracts
50
Section
10.10
or Easements....* ........ : -------------
44
Section
9.17
Class 17: Designation of
Wildernesss Areas.
44
Section
9.18
Class 18: Annexation of Vxistin.-
Facilities and Lots for Ekempt
44
Section
9.19
Class 19: Enforcement Actions
-
by Regulatory Agencies. . . .
44
Section
9.20
Class 20: Normal Operations of
Facilities for Public Gatberings______
45
Section
9.21
Class 21:' Regulation of Ulorking
Conditions..........-....
45
Section
9.22
Relation to Ministerial Projects_---
45
Section
9.23
Exception by Location....
45
ARTICLE 10 -CONTENTS OF ENVIRONMENTAL nIPACT REPORTS . - - 46
Section
10.1
Adequate Time for Reviet..- and Commerit.-
46
Section
10.2
Description'of the Project ............
47
Section
10.3
Description of Environmental Settirs.-,_
.47
Section
10.4
Environmental Impact. . ................
47
Section
10.5
Organizations and Persons Consulted_ -
49
Section
10.6
I -later Quality Aspects -----------------
50
Section
10.7
Contents of Final Environmental
53
Section
11.7
Impact
53
Section
10.8
Degree of Specificity..........__-
50
Section
10.9
Incorporation by Reference.-, . --------
50
Section
10.10
Standards for Adequacy of an
51
ARTICLE 11
EVALUATION OF ENVIRONNiMENTAL IMPACT REPO?,TS-
5 1
Section
11.1
Adequate Time for Reviet..- and Commerit.-
51
Section
11.2
Purpose of Review...__----------
51
section
11.3
Review of EIRS-------------_____
51
Section
11.4
Projects of Statewide, Recional
C�
or Areawide Sianificance --------------
0
52
Section
11.5
Failure to Comment ...... -------------
53
Section
11.6
Availability of Environmental Docurments
53
Section
11.7
Public Participation.......--..--.--..-
53
iii
iv
Section
11.8
Public Ilearings.., ........... ....
54
Section
11.9
Retention and Availability
of Con. ments. . 1 ......
54
Section
11-10
Comments on Initi.ative of
Public Agencies ...................
54
ARTICLE' 12
LITIGATION .............
54
......
Section
12.1
Statutory
54
Section
12.2
Adequacy of An EIR or Ne-ative'
Declaration'for use by
Responsible Agencies..'
C. -- - -
54
Section"12.*3
.
Conditional Permits,.t..e.T ... t _T
55
iv
ARTICLE I AUTHORITY
These guidelines establish the objectives, criteria and procedures to be
followed by the City of Lodi in the evaluation of project��; and the prepara-
tion of environmental impact reports pursuant to authority granted in Fublic
Resources Code Section 21083 for the implementation of the California E-nviron-
mental Quality Act of 1970. The objectives, criteria and procedures contained
therein shall be consistent with the provisions of the Environmental Quality
Act and with the State Guidelines adopted by the Secretary of the Resources
Agency, pursuant to Section 21083. (15000)'
CM
ARTICLE 2 POLICY
SECTION 2.1 LEGISLATIVE DECLARATION
The State Lecislature has declared that:
(A) I is necessary to provide a high-quality environment that at all times
0
is healthful and pleasing to the senses and intellect of ulan-
(B) There is a need to understand the relationship betE-.-een. the maintenance
of high-quality ecological systems. and the general welfare of the people of
the Stat.e, including their enjoyment of the natural resources of the State -
(C) The capacity of the environment is limited -
(D) Every citizen has a responsibility to contribute to the preservatlon and
enhancement of the environment. (15010)
SECTION 2.2 STATE POLICY
(A) The Legislature has declared that it is the policy of the State to:
(a) Develop and maintain a high-quality environment nou and in the
future, and take all action necessary to protect. rehabilitate, and
enhance the environmental quality of the State -
(2) Take all action necessary to provide the people of this State
with clean air and water, enjoyment of aesthetic, natti-ral, scenic,
and historic environmental q.ualities, and freedonx fro= excessive
noise.
(3) Prevent the elimination of fish or wildlife species due to man's
activities, insitre that fish and wildlife populations do, not drop
below self-perpetuating levels, and preserve for future generations
representations of all plant and animal c omraunl ties and examples of
the major periods of California history.
*NUmbers in parenthesis indicates section nunb�ers; oE CEQA. Guldelines
in Title 14 of the California Administrative Codes-
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(4) Ensure that the long-term protection of the environment shall be
guiding criterion in public decisions.
0
(5) Create and maintain conditions under whic' mah. and nature can
exist in productive harmony to fulfill the social and econom-ic require—
ments of present and future generations. (15011)
W The courts of the State have found the following-pqlScies implicit
CP
in CEQA.
(1) The EIR requirement is the heart of CEQA.
(County of Inyo v. Yorty, 32 Cal. App. 3d 795-
(2) The EIR serves not only to protect the environment but also to
demonstrate to the public that the environment is belrx- protected-
Cp
(DO)
(3) The EIR is to inform other governmental agencles and the public
generally of the environmental impact of a proposed proJect-
(No Oil v. LA, 13 C., 3d 68).
(4) The EIR is to demonstrate to an apprehensive citizenry that the
agency has in fact analyzed and considered ecological -Implications
of its actions.
(People v. Bosio, 47 Cal App. 3d 495)
(5) The EIR process will enable the public to dete=:Ene the environmental
and economic values of their elected officials thus allox-.rin- :for appropriat.
4�1
action come election day should a majority of vaters disagree -
(People v. Kern, 39 Cal. App. 3d 830)
(6) CEQA was intended to be interpreted in such manner as; to afford the
fullest possible protection to the environment wfthln the reasonable
scope of the statutory language. (15011.5)
(Friends of Naumeth v. Board of Sup. 8C. 3d 247)
(C) The Legislature has declared that the following policies shall apply to
C.
the use of environmental impact reports:
(1) The purpose of an Environmental Impact Report is to -Identify tha
significant effects of a project on the environment, to identify
alternatives to the project, and to indicate the manner in which such
significant effects can be mitigated or avoided -
C,
(2) Each public agency shall mitigate or avold the significant effects
on the environment of projects it approves or carries out whenever it -
approves or carries out whenever it is feasible to do so -
(3) In the event thit economic, social, technical, or other condition-.:-.;
inake it infeasible to mitigate one or more significant effects of a
�0
project on the environment, such project may nonetheless be. approved
or carried out at the discretion of a public aGency, provided that the
project is othert.,ise permissible under applicable lau-s and regulations-
1WM
(4) Environmental Impact Reports should omit u-iinecessary descriptions
of projects and emphasize feasible m.iticatio,-x ricasures. aad al ternat lves
to projects.
(5) Information developed in individual Environment'al. Impact -Reports;
should be incorporated into a data base which can be used to reduce
delay and duplication in preparation of later Envlronnental Impact
Reports.
(6) The EIR process is intended to enable public agenciess la
evaluating projects to determine whether a project may have a signi-
ficant effect on the environment, to examine and institute methods of
reducinp adverse impacts, and to consider alternatives to a project
as proposed. These steps of analysis and evaluatioa to a project as:
proposed. These steps of analysis and evaluatioa mus t be: completed
prior to approval of -the project. ' (15011. 6)
SECTION 2.3 CITY POLICY
(A) The City Council of the City of Lodi hereby a - fflrms the policies of the
State.
(B) In accordance with the California Environmental Quallty �kct of 1970. as
amended, all public and private projects which may have a substantrial effect
on the environment and which are subject to regulation by the -City of govern-
ing control by the City Council shall not be granted entitleme-ats., Permits or
other approvals unless the provisions of these guidelines liave been duly.
followed. This applies to all departments, agencies, boards, com=Essions,
and districts acting under the purview of the City -
(C) Public and public -purpose projects under the purviex-T of the City Council
shall comply with the project and environmental review procedures, and require-
ments established by -the State and City, including these policies and procedures-
C�
(D) Private projects subject to City reviews and approvals shall comply with,
environmental review procedures and requirements established by the State and
the City.
(E) All policies and texts of the City General Plan shall be fully considered
in the preparation and review of Environmental Impact: Reports -
(F) The City Council hereby delegates the authority to prepare, or- cause to
be prepared, Environmental Impact Reports to its Environme-rital. Reviev officer
pursuant to his functions under City ordinance or procedur-e- .
(C) The Environmental Review officer shall be respoasible for- proposing to
the City Council any changes to these guidelines which wotild servre to simplify
the environmental review process and/or further compliance urlth the -intent and
provisions of the State Guidelines and the California Enviroamental Quality Act,
as amended.
(M) Environmental Impact Reports for public and private projects shall be pre-
pared and reviewed as early in the project's formul.ition as feasible and the:ir
coverage shall be for whole projects whenever possil,le-
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(1) Environmental Impact Reports related to planning agency functions
shall be considered by the decision-making body, follotwin- . a public
hearing.
(J) Environmental Impact Reports not within the jurisdIction of the
planning agency shall be considered by the City Council. following a
public hearing.
(K) The Environmental Impact Report is an environmental document con-
taining information which must be considered, in relation to other factors
by the decision-making body prior to determination of project approval -
(0. City departments are authorized to prepare office procedures, to
assign staff and to expend budgeted monies to accomplish the intent of the
Environmental Quality Act of 1970 and these guidelines.
C,
(M) Public and quasi -public agencies subject to City project or- env:Eron-*
mental reviews shall provide the information, texts, and studles necessary
to the adequate reviews of their proposals.
(N) Persons submitting private projects that a ' re subject to City environ-
mental impact reviews shall provide at their expense the 1nformation, texts,
and studies deemed by the City to be necessary to the adequate -review of
their projects.
(0) The City Council recognizes that the administration -of these Guidelines
0 -
will require additional- time for environmental revietv beyond that previously
required for project consideration.
SECTION 2.4 INFORMATIONAL DOCUMENT
(A) An Environmental Impact Report is an informational document which, when
fully prepared in accordance with the CEQA and these Cuidelines, will inform
public decision -makers and the general public of the envi-rartmental effects
of projects they proposed to carry out or approve. The 5nformatlon in an,
EIR constitutes evidence that a public agency shall consider along vith
any other information which may be presented to the agency- While CEQA,
C.
requires that ma or consideration be given to preventing environmental damage,
it is recognized that public agencies have obligations to, balance other
public objectives, including economic and social factors ln determining
whether and how a project should be approved.
(B) Economic information may be included in an EIR or may be presented
in whatever form the agency desires. (15012)
SECTION 2.5 TEPUMMOLOGY
The following words are used to indicate whether -, particular subject in the
Guidelines is mandatory, advisory or permissive:
(A) "Must" or "shall" identifies a mandatory elemeat-wh1ch all Clty agencies -
are required to follow.
4
(B) "Should" identifies guidance provided by the Secretary for- ResOurcL-s
based on policy considerations contained in CEQA, i-�l tha legislative history
of the statute, or in federal court decisions which Callfornla- Courts can
be expected to follow.
(C) "May" identifies a permissive element uhich is left fully to the
discretion of the City. (15015)
SECTION 2.6 TIME OF PREPARATION
(A) Environmental documents ate useful planning tools: v--hich enable environmental.
0
constraints and opportunities to be considered before px-oject plans are
finalized.
(B) Environmental documents should be prepared as ear-ly as feasible in the
planning process to enable environmental consideratioa to influence project
program and design.
(C) For public and private projects, the Lead A-ency shall encouracle, project
proponents or sponsors to incorporate environmental cons1derations :Entt>
project coinceptualization, design and planning at earliest feasible time -
(D) The City shall complete all environmental documents within the time
limit prescribed in these Guidelines. (15013)
ARTICLE 3 DEFINITIONS
SECTION 3.1 GENERAL
Whenever the following words are used in these Cruideline:s, unless- otherwrise
defined, they shall have the meaning ascribed to them in this article -
The ' se definitions are intended to clarify but not to replace or negate the
definitions used in CEQA and the State Guidelines- (15020)
SECTION 3-2 APPLICANT
Applicant means a person who proposes to carry out a project which needs a
lease, permit, license, certificate, or other entitle-atent to use or financial
assistance from one or more public agencies when that pe-rson applies for- the
governmental approval of assistance. (15020.5)
SECTION 3.3 APPROVAL
Approval means the decision by the City which cominits: th#-- City to a definite
course of action in regard to a project intended to be c�arriecl out by any
person. The exact date of approval of any project is a "atter deterrTinecl by
the rules, regulations, and ordinances pertaining to tlie- project- 'Legislative
action in regard to a project may constitute approval- - (IS021)
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In connection with private activities, approval occurs upon the earllest:
commitment to issue or the issuance by the City of a discret-ionary
contract, grant, subsidy, loan or other form of financial - ass1startce,
lease, permit, license, certificate, or other entitlement for- use of the
project. (15021)
SECTION 3.4 CEQA. CALIYORXIA ENVIRO-0--MENTAL QUALITY ACT' 0F 1.970
CEQA means California Public Resources Code Section 21000 f--t-seq-,
as amended. (15022)
SECTION 3.5 CATEGORICAL EXEMPTION
Categorical Exemption means an exception from the- requirerinents for the
preparation of an Environmental Impact Report for a class o'f projects based
on a finding by the Secretary for Resources that the class of projects does
not have a significant effect on the environment. (15023)
SECTION 3.6 CITY
The City of Lodi.
SECTION 3.7 CUINfULATIVE IRPACTS
Cumulative impacts refer to two or more individual effecis� which, when
considered together, are considerable or which compound or :increase other
environmental impacts. The individual effects may be chanaed resultln&
from a single project or a number of separate projects- (1-5023-5)
SECTION 3.8 DECISION-DLAKING BODY
The decison-making body is the City Council, the Planning Commlssion or
that official which has been empowered by the City Counc:11 to approve or
disapprove a project or class of projects- The decision-mak:Lng body. may be
the Environmental Review Officer, Planning Commissioix or the C11ty Councll-
Scome projects may require action by more than one decislort—making body as
specified by ordinance. (15023.7)
SECTION 3.9 DISCRETIONARY PROJECT
Discretionary project means an activity defined as a pro5ect which requires
the exercise of judgment, deliberation, or decision on the part c)'f the City
in the process of approving or determining to carry out a particular activity,
C, -
as distinguished from situations where the public agency ox- body una-rely has
to determine whether there has been conformity with applicable statutes,
ordinances or regulations- (15024)
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SECTION 3. 10 EMERGENCY
Emergency means a sudden, unexpected occurrence, involvin- a clear and
imminent danger,'demanding immediate action to prevent or mir-1-ater loss;
C, 4=1
of, or damage to, life, health, property, or essential public- services -
Emergency includes such occurrences as fire, flood, earthquake, or other
soil or geologic movements, as well as such occurrence s as rlot, accident,
0
or sabotage. (15025)
SECTION 3.11 ENVIRONMENTAL REVIEW OFFICER
The Environmental Review Officer. shall -be the Community Development
Director of the City,of Lodi.
SECTION 3.12 ENVIRONMENT
Environment means the physical conditions which exist in the area which
will be affected by a proposed project including land, air-., water-. mlinerals.
C,
flora, fauna, ambient noise, object of historic.or aesthet-Ir- sIgnIfIcalice-
(15026)
SECTION 3.13 ENVIRONMENTAL DOCU-NIENTS
Environmental documents means . Draft and Final Environmental Impact Reports,
Master Environmental Assessments, Initial Studies, Negat.1-ve 'Declaration,
Notices of Completion, Notices of Determination, Notices of E,_cemption and
Notices of Preparation. Examples of Environmental documents are Included in
Appendix (15026.5)
SECTION 3.14 ENVIRONMENTAL UIPACT REPORT (EIR)
Environmental Impact Report (EIR) means a detailed statement settlri- forth
C.
the environmental effects and considerations pertaining to a proJect as
specified in Section 21100 of the California Environmental Quality Act, and
may mean either a Draft or a Final EIR.
(A) Draft EIR means an EIR containing the information specifled :in
C,
Article 10 of these Guidelines. When a Lead Agency consults with Responsible
Agencies in the preparation of a Draft EIR, the Draft EIR shall also contain
the information specified in Section 10.5.
(B) Final EIR means an EIR containing the information contained in the
Draft EIR, comments either verbatim or in summary received In the review
process, and the response of the Lead Agency to the comnents -'recelved- (15027)
SECTION 3.15 ENVIRONIMENTAL IMPACT STATEMENT
Environmental Impact Statement (EIS) means an environmental inpact document
prepared pursuant to ' the National Environmental Policy Acr (XEPA.)_ Tile
Federal Government uses the term EIS in place of the term EUR, which Is
used in CEQA. (15028)
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SECTION 3.16 FEASIBLE
Feasible means.caDable oE being accomplished in a successful manner within
a reasonable period of time, takiac, into account econo-mic, envIr9nmental,
social and technological factors. (15029)
SECTION 3.17 IN11TIAL STUDY
Initial Study means a preliminary analy.9is (?s described in Section 6-1 of
these Guidelines), based upon the Preliminary Environmental, Assessfaent and
other information, conducted by the Lead Agency'to, determirie whether an EIR
or a Negative.Declaration must be prepared. (15029-5)
SECTION 3.18 JURISDICTION BY LAV
Jurisdiction by law means the authority of*any public agency to Cgrant a Ver -Mit
or other entitlement for use, or to provide fundi ' ng for the ptoject in question.
Where an agency having jurisdiction by law must exercise discretionary autborlt
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over a period in order for the project to proceed, it :is also a Responsible
Agency, see Section 3.32 or the Lead Agency, see Sectioa 3-19- (14029.6)
SECTION 3.19 LEAD AGENCY
Lead Agency means the public agency which has ' the principal responsibility for
carrying out or approving a project.. The Lead Agency will prepare the envir-on-
mental documents for the project either di ' rectly or by contract. Criteria for
determining which agency will be the Lead Agency for a project are contained
in Section 5.5 (15030)
SECTION 3.20 LOCAL AGENCY
Local Agency means any public agency other than a - state agency-, board or .
cownissioh. Local Agency includes but is not limited to cities, counties,
charter cities and touuties, special districts, redevelopment agencies,
local agency formation commission's and any boarid, commlssioa, or other
organization subdivision of a local agency when so designated by prder of
resolution of the governing legislative body of the local agency- (15031)
SECTION 3.21 MINISTERIAL PROJECTS
Ministerial projects are projects undertaken or approved by a governmental
decision which a public officer or public agency makes upon a given state of
facts in a prescribed manner in obedience to the mandate or legal authority,
With these projects, the officer or agency must act upon the given facts without
regard to his own judgment or opinion concerning the propriety or wisdom of
the act althou.gh the statute, ordinance, or regulation may require, in some
degree, a construction of its language by the officer or agency, In surnmary,
a ministerial decision involves only the use of fixed standards or objectives
measurements without personal judgment. (15032)
C,
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SECTION 3.22 NEGATIVE DECLAIMTION
Ne 'gative Declaration means a written stantemenit as descrIbed in Section 7-1
of these Cuidelines prepared by the Lead Agency briefly describing the -
reasons that a proposed project, although not otherwise e-,<ernpr, will not
0
have a significant effect on the environment and thereLEore does not require
the preparation of an EIR. (15033)
SECTION 3.23 NOTICE OF COMPLETION
Notice of Completion means a brief notice filed witb the Secretary for
Resources by a Lead Agency as soon as it has completed a Draft EIR and
is prepared to send out copies for review. The contents of this notice
are explained in Section 8.5. A copy of the City's N'otice of Completion
are contained in Appendix .(15034)
SECTION 3.24 NOTICE OF DETER14INATION
Notice of Determination means a brief notice to be filed with the County Clerk
by the Lead Agency after it approved or determines to ca-rry out a proJect. which
is subject to the requirements of CEQA. A copy of the City's Notice-- of
Determination is included in Appendix (15035) The contents of this notice
are explained in Section 7.6.
SECTION 3.25 NOTICE OF EXEMPTION
Notice of Exemption means a brief notice which rtay be filed by the City Lead
Agency when it has approved or determined to carry out a project, and it has
determined that it is a ministerial, categorically exempt or an emergency
project. Such a notice may also be filed by an applicant where such a deter-
mination has been made by the City. The contents of this -notice are explained
in Section 5.20. A copy of the City's N'otice of Exemption -is included in
Appendix . (15035.5)
SECTION 3.26 NOTICE OF PREPARATION
Notice of Preparation means a brief notice sent by a Lead Agency by certified
mail to notify the Responsible Agencies that the Lead Agency -plans to prepare
an EIR for the project. The purpose of the notice. is tc>-solicit Suldance frouL
the Responsible Agencies as to the scope and content of the environmental
information to be included in the EIR. The contents of this not1ce'are
explained in Section 5.9. A copy of a Notice of Preparation. is included in
Appendix (15035..7)
SECTION 3,27- PERSON
Person includes any person, firm, association, organization, partnership,
business, trust, corporation, company, disLyiet, county, city and county,
city, town, the State, and any of the agencies' political subd-ivisions of
such entitites. (15036)
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SECTION 3.28 PRELIMINARY ENTVIRONMENTAL ASSESSIZIENT
Preliminary Environmental Assessment (P.E.A.) mearks lnfarmatian and analysis
used in the Initial. Study to determine whether the prepa*ration of an EIR is
necessary. The P.E.A. form is prepared by the applicant of a project and
provides basic information concerning the proposal and its posr:.:ible impact
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upon environment. The P.E.A. may be submitted in the form of a Draft EIR.
SECTION 3.29 PROJECT
(A) Project means the whole of an action, which has'a patenti�al for
physical impact or resulting in a physical chance in the e:Eivlrortrize-at,
01
directly or ultimately, that is any of the following:
(1) An activity directly undertaken by a public a.-ency- 1nc ludin,-,
but not limited to public works construction and relatecl activities
clearing or grading of land, improvements to existing publ:ic structures,
enactment and amendment of zoning ordinances and enactmenr- and
amendment of local General Plans or elements thereof -
(2) An activity -undertaken by a person which is -s-lupportecl in whole .
or in part through public agency contracts, grarxts, :subs;:Edie_4,. loans,
or other forms of assistance from one or more public agenc-mles.
(3) An activity involving the issuance to a person of a Mease,
permit, license, certificate or other entitlement for use by one or
more public agencies.
(B) The term "Project" refers to the underlying activ5-ty which is being
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approved and which may be subject to several discretionary appr-ovals. by
governmental agencies. The term "project" does not meart each _—�eparate
governmental approval.
(C) Project does not include:
(1) Anything specifically exempted by qtate lar -r-
(2) Proposals for legislation to be enacted By the State Legislature
other than requests by State agencies for authorlzatlon o -.r fundlug
for projects independently from the Budget Act.
(3) Continuing administrative or maintenance acti-vltiea, �such as
purchases for supplies, personnel -related actions, emergenc:y repairs
to public service facilities, general policy and procedure making
(except as they are applied to specific instances -covered above),
feasibility or planning studies.
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(4) The submittal of proposals to a vote of the people of the State
-or of a particular COM-MUnity.
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(6) Certification that the decision-making body has reviewed and
considered an EIR or Negative Declaration.
(7) Preparation and filing of notices. (15055)
(B) The decision-making body of a public agency may not delegate the
following functions:
(1) Making of. f inding as required under Section 3. 14.
(2) Review and consideration of a final EIR or Negative Declaration
prior to approving a project. (15055)
(C) Where the Planning Commission is required to make a recommendatfon on
a project to the decision-making body, this advisory body shall also revievr
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and consider all pertinent Environmental Documents.
SECTION 4.3 LEAD AGENCY CEQA TINE LIMIT
(A) When the public agency is acting as a Lead Agency for a project for wh1ch
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the a 'gency will grant a lease, license, permit, certificate, or. other entitlement
for use, the agency shall conplete and certify an EIR in not more than one
year or complete and adopt a Negative Declaration in not more tharx 105 days -
(1) Different time limits may be established for different types of
projects subject to the 105 day and I year maximu-m time limits -
(2) The time limits shall be measured from the date on v7hich an
application requesting approval for the project is received and
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accepted as complete by the agency.
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(a) Until such time as the Environmental RevieTr Officer -has
determined that the application meets all requirements of the
local ordinance, state law and these guidelines, the
application shall not be considered complete -
(3) A reasonable extension of the time periods establishecl under this
subsection may be extended in the event that in the opinion <>f the
Environmental Review Officer compelling circumstances justify additional
time and the project applicant consents to tile extension -
(4) The Lead Agency may waive the one yeartine period or the 105 day
period if all the following conditions occur:
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(,a) The project will require both an FIR Or Negative
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Declaration under CEQA and an ETS or a Negative Declaration
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under the National Environmental Policy Act;
(b) Additional time will be required to prepare a combined
EIR-EIS, or a combined Negative Declaration under both laws;
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(D) The term "private proje-ct" refcrs to a project initiated by a per -son
other than a governmental agt.!ncy.
(E) The tern "public project" refers to a project initiated by a -public
ao-ency. (15037)
SECTION 3.30 PUBLIC AGENCY
Public A-ency includes any State agency, board of commisslori and any
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regional or local agency, as defined in these Guidelines- This term does
a
not include the Courts of the State, nor does it include ag--acies of the
Federal Government. (15038)
SECTION 3.31 RESPONSIBLE AGENCY
Responsible Agency means a public agency which proposes tcp carry out or
approve a project, for which -a Lead Agency has prepared the environmental
documents. For the purposes of CEQA, the tern "responsible a-ency" includes
all public agencies other than the lead agency which have discretionary
approval POWer over the project. (15039
SECTION 3.32 SIGNIFICANT EFFECT
Significant effect on the environment means a substantial, oir potentially
substantial, adverse change in any of the physical conditions x,71thin the
area affected by the activity including land, air, uzater.- minerals, flora,
fauna, ambient noise, and objects of historic or aesthetic significance -
(15040)
ARTICLE 4 GENEPAL RESPONSIBILITIES
SECTION 4.1 CITY TMPLEHEINTATION
The City is responsible for environmental assess-ments and preparatiort of Elp"'s
as required by CEQA on a project it proposes to undertake or approve- The
City Council, as the governing legislative body of tb,- City designates -its
E.R.O. to serve as the local, Lead Agency, pursuant to his functions. under City
ordinance or procedure. (15050)
SECTION 4.2 DELEGATION OF RESPONSIBILITIES
(A) The City hereby assigns the following functions to its E -R.0- to assist
in administering CEQA:
(1) Determination o[ whether i project is exempt -
(2) Conduct of an Initial Study.
(3) Preparation of a Negative Declaration or EIR_
(4) Preparation OF rcCo-,nmended res?onses to public corn.7.cnts,
(5) Recommrk�.nda t ion as to adeqL13CY OF 31-1 FIR.
(c) The time reqUired to prepare such a comj>irled dc�cument
would be less than the time required to prepare each docurtent
separately; and,
(d). The applicant has requested or consented to the w-alver-
(5) . It the Lead Agency waives the time� periods as provided -in
subsection (4), the Lead Agency must approve or d1sappro-ve the pro—
ject within 60 days after the combined document under CEQA_ and, %,!F.P.%
has been completed. (Government Code Sectioa 65951 )_
(B) Within 45 days after accepting an application as complete for a project
involving issuance of a lease, permit, license, 'certificate, or other
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.entitlement for use, a Lead Agency shall make a * n initial determination of
whether the proejct will need an EIR or a Negative Declaratlon- -
(C) A Lead Agency shall convene a meeting with one or r -tore Responsible
Agencies to discuss the scope and content of a proposed EIR as soon as
possible but not later than 30 days after the meeting is. requested as
provided in Section 5.9. -(15054.2)
SECTION 4.4 RESPONSIBLE AGENCY CEQA TIMIE LIMITS
.As soon as possible after receiving a Notice of Preparation and 1n no event
more than 45 days after receiving the notice, a Responsible Agency shall
inform the Lead Agency of the scope and content of the environment laforma—
tion that the Responsible Agency would need in the EIR_ (15054-3)
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ARTICLE 5 APPLICATION OF THESE GUIDELINES TO PROJECTS
SECTION 5.1 GENERAL RULE
The requirements set forth in these Guidelines apply to p-rojects which may
have a significant effect on the environment and which lnvol-ve d1scretionary
governmental action. Where it'can be seen with certainty that there is no
possibility that the activity in question Tpay have a si-nificant effect on
the environment, and the activity is not covered by the requireinents set
forth in CEQA, then these Guidelines concerning the evaluation of projects
and the preparation and review of environmental documents do not apply -
(15060)
SECTION 5.2 Punic PROJECTS
(A) When the City plans to carry out or approve a project which is -subject
to CEQA, the EIR or Negative Declaration for the project shall be prepared
directly by, or under contract to, the City. -
(B) Where a project which is subject to CEQA is to be carried out by a non—
governmental person subject to approval, f irancial support, or- some other
involvement by a public a-gency, ttic EIR or- Negative Declaration -shall be
prepared directly by, or under contract to, the Lead Agency- TAot-:eve-r, the
Lead A.-lency may require the person to supply data and information, both ro
determine whether the proejct inay have a si-cnificant effect orl the eaviron—
rent, and to assist ill the preparation of an EIR or Declaration by
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the Lead Agency. This information may be submitted in. the for -m of a Draft
EIR if the Lead Agency desires. If inEormation is provided in the forri of
a Draft EIR or Negative Declaration, the Lead Agency may.not use the
document as its own Declaration urhich is sent out for public revieur must
reflect the independent judgment of the Lead Agency- The Lead Agericy should
require an applicant to specify to the best of his kno-uledge %.?h:Lch other publTc
agencies will have jurisdiction by law over the project -
(C) When the projert is to be undertaken by the City, but required 'State
approval or financial. assistance, the City shall prepare the EIR or 'Negative
CP
Declaration in accordance with these Guidelines and shall submit the EIR or
Negative Declaration with the request for approval of the prbposed project
to the State Agency. This must also be done where Federal funds are involved,
but only if a State agency has discretionary authority o -ver the use of those
funds.
(D) The EIR may be prepared as a separate document, or as pa -rt of a project
report. If prepared as a part of the project report, it must still contain,
in one separate and distinguishable section, the elements required of an EIR,
including the seven (7) elements specified in Article 10 of these Guidelines -
(E) All public and private activities or undertakings pursuant to or in
furtherance of a redevelopment plan constitute a single project, which shall
be deemed approved at the time of adoption of the redevelopment plan by the
legislative body. The EIR in connection with the redevelopment. plan shall be
submitted in accordance with Section 33352 of the State ]Health and Safety Code -
(F) All of the above is subject to modification according to the -regul—ations
governing, the Lead Agency principle, that not more tharl one EIR shall be
prepared in connection with the same underlying activity and that the EIR
shall be prepared by the Lead Agency.
(G) Any person may submit information to the Lead . Agency to assist in the
preparation of an EIR or Negative Declaration. Such information may be
submitted in any format and may be included in whole or in part in any such
EIR or Negative Declaration if the Lead Agency subjects the information to -its
own independent evaluation and analysis. (15061)
SECTION 5.3 PRIVATE PROJECTS
The person initiating and undertaking a private pro5ect shall be required
to provide the Lead Agency with data and information necessary for it to
adequately evaluate the project and prepare all envirannenral documents -
Fees will be charged for the preparation of environmental documents on
private projects. Fees will be established by resolution of the City Council -
SECTION 5.4 FEDERAL PROJECTS
(A) When a project -requires both an EIR as required by CFQA and aix EIS as
required by the requirements of the National Environmental Poliev Act of
1969, all or any part of the FIS may be used as all or- auy part of the E111Z
if the EIS or part used complies with these Guidelines- In Cases Where a
federal EIS is used, diSCUSSiOn of mitigation measures, grourtli inducing
impact, and energy conservation will have to be added. or s Lipp:! errented if the
ETS does not iticlude an adecluat�-- discussion of th,2se elerie-ats-
(B) When a project requires both an EIR and an EIS, the J.ead Xgeacy Shall,
whenever possible, use the EIS as the EIR as provided -in subsection GQ -
(C) If a Le'id Agency finds that an EIS for a project xzotild inot be vrepared
by the Federal Agency by the time when the Lead Agency uill need tc> consider
an EIR, the Lead Agency should try to prepare a comibined E1.61 -'EIS- To avaid
the need for the federal agency to prepare a separate docurient for rhe same.
project, the Lead Agency must involve the federal agency in the preparation
of the EIR-EIS. This involvement is necessary because fede-ral lau -C,.enerally
prohibits a federal agency from using an EIR prepared by a state or Jocal
agency unless. the federal agency was involved in the preparatlon, of the
document.
(D) When it pl ans to use an EIS or prepare a joint EIR-F.TS,, the Lead
Agency shall consult as soon as possible with the agency that would prepare
the EIS.
(E) Where a project will be subject to both CEQA and the National En�wrironmental
Policy Act, the one year time limit and the 105 day time limit way be ual-ved
pursuant to Section 4.3
(F) Where the federal agency circulated the EIS for public rev-1eur a -s broadly
as state or local law may require and gave notice meeting the stancLards in
cl C -
Section 8.7 the Lead Agency Vnder CEQA need no-. recirculate the EIS for public
review. One review and comment period is enough. The Lead Ag, I C.
,ency shall give
notice that it will use the EIS in the place of an EIR and that :it b-elieves
that the EIS meets the requirements of CEQA. (15063)
SECTION 5.5 LEAD AGENCY PRINCIPLE
(A) Where a project is to be carried out or appro-ved by mroe thaa one public
agency, one public agency shall be responsible for preparation of eavironinental
o
documents, and it will be the Lead Agency. Such environmental eocuments will
be prepared by the Lead Agency in consultation Twith all respansibje� agencies -
(B) The Lead Agency's environmental documents shall be the environmental
.documentation for all responsible agencies. Except as provided in. Section 5.14,
such responsible agencies shall consider the Lead Agency's 1 -;IR or Kegative
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Declaration prior to acting upon or approving the projects, and tbe]F shall
certify that their decision-making bodies have reviewed and conslde-r.ed the
information contained in them.
(C) The determination of the Lead Agency of whether to prepare an
I
Environmental Impact Report or a Negative Declaration shall be ffnaX and
conclusive on all persons, including Responsible Agencies, as prcm-lded by
Section 21080. 1 of the Public Resources Code, unless:
(1) The decision is challen.ged as provided in Section 21167
of the Public ReSOUrCeS Code, or
(2) Ciretimstnnces change as providod in Section 5-10-
C.
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(D) Miere a decision itak-ing body has power to make a final decision
01
on a project subject to appeal to another body, the decision =a' --in- body
shall review and consider the EIR. The appeal body shall also review
and consider the EIR before deciding an appeal from a de-cision on the
project. (15064)
SECTION 5.6 LEAD AGENCY CRITERIA
(A) when two or more public agencies are involved with a project, which
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agency -shall be the Lead Agency shall be determined by follotzing
the criteria set forth in Section 15065 of the CEQ--%. Guidelines
SECTION 5.7 SHIFT IN LEAD AGENCY RESPONSIBILITIES
(A) Urnere a Responsible Agency is called on to grant. an approval for a
project subject to CEQA for which another public agency x-tas the approprIate
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Lead Agency, the Responsible Agency shall begin to act as: the Lead Agency
when any of the conditions set forth in -Section 15065.3 of the State CEQA
Guidelines occur.
SECTION 5.8 DESIGNATION OF LEAD AGENCY BY OFFICE OF PLAIIIXING AXD RESEARCH
(A) In the event that the designation of a Lead Agency TL� -In dispute,. the C=ttei
shall be resolved as set forth by Section 15065.5 of the CEQA Guidelines -
SECTION 5.9 CONSULTATION
(A) T-.1hen more than one public agency will be involved :in undertal'-In g o r
approving a project, the Lead Agency shall consult with all Responsible
Agencies (i.e., all the other public agencies involved In carrying out or
approving the project) before completing a draft EIR or- adopting a Negative
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Declaration. Consultation is designed to insure that tbe: EIR or Wegative
Declaration will reflect the concerns of all Responsible Agertcles which
will issue approvals for the project.
(B) Prior to determining whether a Negative Declaratiorx- or Environmental
Impact Report is required for a project, the Lead Agency -shall cortsult with
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all Responsible Agencies. This first step of consult at TLon utay be done quicl,-ly
and informally.
(C) Immediately after deciding that an Environnental Impact Report is
required for a project, the Lead Agency shall send to eac:h Responsible Agency
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by certified mail a Notice of Preparation stating that an Environmental Impact
Report will be prepared. This notice shall also be sent to every federal
agency involved in approving or funding the project.
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(1) The Notice of Preparation shall provide the -C,espo_r?Sihlt:-
Agcncies with sufficient information describing the project
and the environmental effects to enable the RespozzisIble A-encfes
to make a meaningful response. At a minim.uat, the fftformatiort
should include:
(a) Description of the project,
(b) Location of the project, and
(c) Probable environmental effects of the project.
(2) A sample format for a Notice of Preparation TLs sho-un, in:
Appendix
(3) The Lead Agency may begin work on the draft EIR imr-nie-diately without
0
awaiting responses to the Notice of Preparation- The draft 'F.IR in pre-
paration may need to be revised or'expanded to co-aforrm to resportses to the
Notice of Preparation.
(D) After receiving the Notice of 'Preparation' tinder sublTaragraph (c), each
Responsible Agency shall provide the Lead Agency w-ith sr>ecific detail about
the scope and content of the environmental information i -elated to the rZesporksible,
Agency's area of statutory responsibility wbich must be 1neltided fLn 'the
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Environmental Impact Report.
(E) In order to expedite the consultation, the Lead Agency, a Responsible Agency,
or a project applicant may request one or more neetinga between representatives
of the agencies involved to assist the Lead Agency in determinin- the scope and
content of the environmental inform'ation whicb the Responsible Agency may require -
Stich meetings shall be convened by the Lead Agency as soon as pas-%lble. brit no
later than 30 days, after the meetings were reqUeSted-
Q
(F) After completing the draft EIR or Negative Declaration, the 'Lead Agency
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shall also consult with and seek to obtain comments frort each Responsible Agency
and other public agencies having jurisdiction by latr and should ononsult with
persons having special expertise.
(G) When one or more state agencies will be a Resoonsible Agency. the Lead
Agency shall send a Notice of Preparation by certified rnail to eac'h state
Responsible Agency with a copy to the State Clearinghouse in the Office of
0
planning and Research. The State Clearinghouse will ensure that -the State -
0
Responsible. Agencies repl to the Lead Agency within the require rime. (15066)
Y
SECTION 5.10 SUBSEQUENT ETR
(A) Where an EIR or Negative Declaration has been prepared no additional EIR
need be prepared unless:
(1) Substantial changes are proposed in t1he projec-t which u -11l reqairc�
major revisions of the. E*1R1 due to the of new erivrironmerttal
impacts not considered in the or!-inal ET -N-
Z,
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(2) There are substantial changes with respect to the circumstances
under which the project is to be undertaken, such as a change in the
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proposed location of the project, which will require-pajor re-vislat-Ts
in the EIR due to the involvement of new environ-menta,l impact:% riot
covered in the original EIR.
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(3) New information of substantial importance to the project beaortes;
available, and
(a) The information was not known and could not have been
known at the time the EIR was certified as complete- or the
Negative Declaration was adopted, and
(b) - The new information shows any of the f ollowing:
(1) The project will have one or more significaat
effects not discussed previously in the EIR-
(2) Significant effects previously examined will be
more severe than shown in the EIR.
(3) Mitigation measures or alternatives previously
found not to be feasible would in fact be feasible and
would substantially reduce one or more significant
effects of the project, or
.(4) Mitigation meas ' ures or alternatives which were not
previously considered in the EIR would substantially
lessen one or more significant effects on the environment -
(B) If the EIR or Negative Declaration has been completed but the project
has not yet been approvedi the Lead Agency shall prepare or cause to be pre
pared the subsequent EIR before approving the project.
(C) If the project was approved prior to the occurrence of the cond-itlons;
described in Subsection (a), the subsequent EIR shall be prepared by the
public agency which grants the next discretionary approval for the project
In this situation no other ResponsAle Agency shall ggrant an approval for the
project until the subsequent EIR has been completed- (15067)
SECTION 5.11 USE OF SINGLE EIR
A Lead Agency may employ a single EIR to describe more than one project, :Ef
such projects are essentially the same in terms of environmental impact. Further,
a Lead Agency may use an earlier EIR prepared in connection with an earlier project
to aDDly to a larer Droiect. if the circu,,mstances of the projects are essentially
thesame. Agencies may elect to write EIR's in advance for entire programs or
regulations, in order to be prepared for project applications to come. iThenever
an agency chooses to utilize any of these alternatives, hoz-.rever, it must find that
the environmental effects of the projects are Similar enough to wa'rrant the same
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treatment in an EIR and that the ElR will adequately cover the inipacts; of any
single project. If these tests are not mot, an agency should supplement the EIR
it prepares for a program to apply it to an individual project. (15068)
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SECTIO4\1 5.12 USE OF GENERAL PLAN EIR VITH SUBSEOLIE\7 PRtD.7 TC
. . - - - _C: _,
The EIR on a general plan may be used as the foundation document for Ellt's
subsequently prepared for specific projects within the geographic area covered
by the general plan. The subsequent EIR's nay referecce and sumnaarize material
in the EIR on the general plan for the description of the general environmental
0 41
setting and as much of the des * cription of the environmental impacts; as applle�& r -c>
the specific project. Detailed information in the EIR on the specIfic- project
may be limited to a description of the project, the specific environmental
setting and those impacts which are not adequately described for the specific
project in the EIR *on the general plan. Vhen a subsequent E11R' refers to an EIR
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on the general plan for part ot its description of the environment and the
environmental impacts, copies of the EIR on the general plan shall be made
available to the public in a number of locations in the co-c--nunity and to any
clearinghouse which will assist in public review of the EIR_ Tha purpose of
this section is not to restrict analysis of environmental issues but is, to -avoid
the necessity for repeating detail from a General Plan FTR_ (15068.5)
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SECTION 5.13 MULTIPLE AND PHASED PROJECTS
Where individual projects are, or a phased project is, to be undertaken and
-where the total undertaking comprises a project with significant environ -mental
effect, the Lead Agency must prepare a single EIR for the ultimate project-
14here an individual project is a necessary precedent for action oa a larger
project, or cornits the Lead Agency to a larger project, with-sig'I'Lificant
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environmental effect, an ElR must address itself to the sc6pe of the larger
project. Where one project is one of several similar projects of a public
agency, but is not deemed a part of a larger undertaking or a larger project
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the agency may prepare one EIR for all projects or one for each project, bUt
shall in either case comment upon the cumulative effect- (15069)
SECTION 5.14 STAGED EIR
(A) Where a large capital project will require a number of' discYetiOnZiry 2pprovra1E
from governmental agencies and one of the approvals will occur more than 2 years
before construction will begin, a staged EIR may be prepared covering the entlre
project in a general form. The staged EIR should evaluate the proposal in light
of current and contemplated plans and produce an informed estimate of'the envlroa-
mental consequences of the entire project. The aspect of the project before -the
public agency for approval shall be discussed with a greater degree of speciflclty.
(B) When a staged EIR has been prepared, a supplement to the EIR shall be preparec
C,
when a later approval is required for the project, and the information available
at the timo of the later approval would permit considcration of additional en-viron-
mental impacts, mitigation measures, or reasonable alternatives to the project -
(C) Where a statute such as the Warren-Alquist Encrf;v Resources Conservation -
and Development Act provides that a speeLfic agency shall Se thc! Lead Agency for
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a project and rUqLLire-; the Lead Agency to prepare an EIR, a Responsible Agency
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which must grant in approval for the project before the Lead A-eacy Itas completed
the ETR may prepare and consider a staged ETR_ (150-09-5)
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SECTION 5. 15 %%L,%STER FNVIROY,\1E\L1rAL ASSESSMEN7
(A) GENERAL. . The City may prepare a master environ -ental assessmenct, inventory,
or data base for all, or a portion of, the territory urithin its jurisdiction in
order to provide data and other information which vay be :used or referenced in
EIR's or Negative Declarations. A master environmental assessment :Es intended
to identify and organize environmental information for a -recrion or area of the
city.
(B) CONTENTS. A Master Environmental Assessment should contain an inventory
of the physical and biological characteristics for which :it is prepared and vL-iy
contain such additional data and information as the local agency deteratines is
C.
useful'or necessary to describe environmental characterisrics of the area- It
may include identification of existing levels of quality and supply of air and
0
water, capacities and levels of use of existing services and facilities, and
generalized incremental effects of different categories of development projects
by type, scale and location.
(C) PREPARATION
(1) A Master Environmental Assessment may be preparfe-A as a special
comprehensive study of the area involved, as part of the EIR on a
general plan, or as a data base accumulated by index-fLn - EIR's pre—
pared for individual projects or programs in the are. -x Involved -
(2) - The information contained in a master environmental assessment
should be reviewed periodically and revised as needed so that it is
accurate and current.
(3) When advantageous to do so, master environmental assessments
may be prepared through a joint exercise of powers agreement with
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neighboring local agencies or with the assistance of the appropriate
Council of Governments.
(4) A master environmental assessment shall be adopred and certi—
fied as adequate by resolution of the legislative boay of- the local
agency, following the provisions for public notice and opportunities
0
for review and comment as set forth in these Guldellnes, for EIR's
and Negative Declarations.
(D) USES.
(1) A master environmental assessment can identify the environmental
characteristics and constraints of an area. This information can be
used to influence the design and locations of individual projects -
(2) A master environmental assessment may provide information agencies
can use in Initial StUdies to decide whether certain enviroamcntal
effects are likely to occur and whether certain effe4ots rwrlll be
significant.
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(3) A master environmental assessment can provide a Central source
of current information for use in preparing individual EfR's and
Negative Declarations.
(4) Relevant portions of a master environmental assessment can be
referenced and summarized in EIR's and Neaative Declara t ions
0
(5) A master environmental assessment shall assist In identifying
long range, area wide, and cumulative impacts of, individual projects -
proposed in the area covered by the assessment.
(6) A master environmental assessment can assist a city or coLmty
in formulating a general plan or any element of sucb. a plan by
identifying environmental characteristics and constraints that need
to be addressed in the general plan.
(7) A master environmental assessment can serve as a reference document
to assist public agencies which review other environmental documents
dealing with activities in the area covered by the assessment- The
public agency preparing the assessment should foruard a completed copy
0
to each agency which will review projects. in the area- (15069-6)
SECTION 5.16- ONCOING PROJECT
(A) A project as defined in Section 3.29 A-1 of these- Guidelines, approved
prior to November 23, 1970, shall require an Environmental lmpact Report or
a Negative Declaration if the project may have a significant effect on the
environment, and either of the following conditions e-xist:
(1) A substantial portion of public funds allocated for the project
have not been spent and it is still feasible to nodify the project Eo,
mitigate potentially adverse environmental effects, or to choose
feasible alternatives to the project, includina * the alternative of
Tono project" or halting the project; provided that Section (1) shall
C.
not apply to projects which come under the jurisdiction of the National
Environmental Policy Act (NEPA) and which, through regulations
promulgated under NEPA, were held to be too far advanced at the time
of NEPA's effective date to require an EIS in compliance with those
regulations.
(2)' A public agency proposes to modify the project :in such a x-ray
that the project might have a new significant effect on the environment -
(B) A pi7oject as definud in Section 3.29 A-3 or in -Section 3.2,9 A-2 as it
relates to contracts, where the permit or other entitlement uras issued, or
the contract approved, prior to April 5, 1973, shall not require �in EIR or
Negative Declaration, sul),ject to the Eollouring provisions:
I-
IWAM
(1) CEQA expressly does not prolhibit a public agency from, c:oas-Edering
environinental factors in connection witIt the approval or disapproval
of a project, or from imposing reasonable fees on the appropriate
0
private person or entity for preparing an environmental report.
0
(2) Where the issuance or approval occurred prior to December 5,
1972, and prior to said date the project uras legally challenged for
noncompliance with CEOA, the project shall be bound by special rules
set forth in Section 21170 of CEQA.
(3) Where a project involving the issuance of a lease, perm -it, -
license, certificate or other entitlement to use has been' granted a
C.
discretionary governmental approval for part of the project before
April 5, 1973, and another or additional discretionary governmental
approvals after April 5, 1973, the project shall require an EIR or
Negative Declaration only if the approval or approvals after April 5,
1973, involve a greater degree of responsibility or control aver the
project as a whole than did the approval or approvals prior- to that
date.
(C) Any Draft EIR which has been completed or sent out for public review on
or before January 1, 1977, incompliance with procedures of a p2ubl:ic age. -Icy
consistent with CEQA andtbose Guidelines as amended in February 1975, shall be
deemed to be in compliance with these Guidelines. No further EIF, shall be
required except as provided in Subsections (A) and (B) of this Section -
(D) Any project approved before February 7, 1975, by a Local Agiancy Formation
Commission without coriplying url.th CEQA is declared legally effectIve unless:
(1) The legality of the project was contested in a legal proceeding
in which a violation of CEQA was alleged prior to February 7, 1975, and
the case was pending and undecided by February 7, 1975, or
CI
(2) The project was determined to be illegal, void, or ineffective
because of noncompliance with CEQA in any judicial proccedin- decided
before July 6, 1975.
(E) Any draft or Negative Declaration which has been completed and sent otu
for public review before January 1, 1978, in compliance -uritb procedures of a
public agency consistent with CEQA and these Guidelines as amended in December
1976, shall be deemed to be in compliance with these Guidelines- No further
EIR shall be required except as provided in Subsections (A), CB) ar (C) in
Section 5.10. (15070)
SECT-rON 5.17 EMERGENCY PROJECTS
The following emergency projects are e%euipt from the requIrement: ft> -r an
Environmental Impact -Renort:
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(A) Projects undertaken, carrIed out, or aipproved hv a pubLlic at-;t-ncy to
maintain, repair, restore, de.molish or re -place property or- facii-it-Les. da -mar -ed
or destroyed as a result of a disaster in "a disaster strir-?---�n area in lehich
a state of emer-CEIcy has been proclaimed by the Governor p6r-suant to Chapter 7
(commencing with Section 8550) of Division 1,.Ti t le 2 of the. Government Code -
(B) Emergency repairs to public service facilities necessary to utaintain
SerViCe. PUblic service facilities include, but are not Iii -kited to, gas,
electric, water and sewer.
(C) Specific actions necessary to prevent or mitigate an emer-eacy- (15071)
4;>
SECTION 5.18 MkSIBILITY AND PLANNIUG STUDIES
A project involving only feasibility or planning studies. fo-r possible future
actions which the agency, board, or commission has not approved. adopted, or
funded does not require the preparation of an Environmental Impact Report but
does require consideration of environmental factors as reqtttred by Section 21102
of CEQA. (15072)
SECTION 5.19 MINISTERIAL PROJECTS
(A) PRC 21080(b) states that ministerial projects are exempt from the requirements
of CEQA, and no environmental documents are required- The follaTln- actions
are ministerial:
(1) Issuance -of building permits.
(2) Issuance of business licenses.
(3) Approval of final subdivision maps.
(4) Approval of individual utility service connections and disconnections -
(5) Approval Pf Development Plans.
(6) Zoning enforcement.
Other actions may be determined to be ministerial on, a case -be -case basis
by the Lead Agency -
0
(B) Where a project involves an approval that contains elements, of both a
ministerial action and a discretionary action, the project i-xill be deemed to be
discretionary and will be subject to the requirements of CEQzN-
(D) An IniLial Study may be prepared to determine if a pro-lect is ministerial.
(15073)
SECTTON 5.20 N-OTfCE OF EX ["MN'T TON.
(A) If the City determines that a project'is excivt froxt CTIC reclu-Ire arten t 4-:; o f
CEQA because it is an etacr-oncy project, a ministerial pro4---ct o'r categorically
-23-
exempt, and the public agency approves or deternines to carrur OLLr the project,
the City may fi1c, a notice OF e�:emption. SLIch a notice shall include (1)
brief description of the project, (2) a findinc-1 that the pxoject is exempt,
including a citation to the State GUidelines section under which it is found
0
to be exempt, and (3) a brief statement of reasons to support the fludin.-s-
(B) If the City approves an applicant's project, the City or the applicant
may file a notice Of e%emption. The notice of exemption. f1led by an applicant
shall containthe information required in subdivision -(A) above, to -ether with
a certified document issued by the City stating that it has found the project to,
be exempt. This may be a certified copy of an existing docuineint or record of
the City.
(C) If the City files this notice, the notice of exemption will be filed writh
the county clerk. Copies of all such notices will be a-vailable for public
inspection. (15074)
SECTION 5.21 PROJECTS IMICH ARE DISAPPROVED
(A) CEQA does not apply to projects which a public a-ency -rejects or
disapproves.- (P.R.C. Section 21030(b) (5))
(B) This section is intended to allow an initial screen -in- of projects ori the
uterits for quick disapprovals prior to the initiation of the CEQA process uthere
the agency can determine that the project cannot be approved -
(C) This section shall not relieve an applicant fro -.a pay -In- the costs. for- an
EIR or Ncgati%,e Declaration prepared for his project prior -to the Lead Agency's
cv
disapproval of the project after normal evaluation and processin.-- (15075)
ARTICLE 6 EVALUATING PROJECTS
SECTION 6.1 INITIAL STUDY
(A) If a project is subject to the requirements of CEQ-k and not execipted by thesC6
Guidelines the Lead Agency shall conduct an Initial Study to- determ-Ine if the
project may have a significant effect on the environment, unless the Lead A-ency
determines that the project will clearly have a significant effect. If any aspect!
of the project, either individually or CUMLIlatiVely, May cause a s-i-n-Ificant effect
on the environment, regardless of whether the overall effect of the project is
adverse or beneficial, then an EIR must be prepared. All -p1i;a:se_s of project plaartir
implementation, and operation shall be considered in the Initial Study of the
proj cc t
(B) PURPOSES. The pUrPOSeS of an Initial Study are to:
(1) identiry cnvironmontzii impact-;.
(2) Enable an applicant or Leid A,tency to modify a project,
mitIV
,ating advers
0 se impacts befory an EIR is written-
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(3) Focus in I'. IR, if oie is rt -.-qui red, on pot entiall--':- Sin if icant:
environmental efrects.
Facilitate cnvironr,.--ental a.;scssmont early ltri the desi-n Of a
project.
(5) Provide documentation of the factual basis for the findinco. i rL -1
7
Negative Declaration that a project uill not. have a s-i-nificant
C�
effect on the environment..
(6) Eliminate unne-cessary EIRs.
(C) CONTENTS. ' The format of the Initial Study shall contain in brief form:
(1) A description of the project.
(2) An identification of the environmental setrin--
(3) An identification of environmental effects -
(4) A discussion of ways to mitigate the significant effects
identified, if any.
(5) An examination of whether the project is compatible w-ith
existing zoning and plans.
(6) The name of tile person or persons who prepared or participated
in the Initial. Study -
(D) lJSES-
(1) The Initial Study.shall be used to provide a urritten determinatfon
of whether a Negative Declaration or an ETR shall be prepared for a
project -
(2) Where a project is revised in response to an Initial Study so Outt
p6tential adverse effects are mitigated to a point where no sign-Micant
environmental effects would occur, a Negative Declaration shall be
prepared instead of an EIR. If the project would still result in one or
more measures are added to the project, an EIR shall be prepared -
(3) The EIR shall em.pbasize study of the impacts determined to be
significant and can 0 -mit further examination of those impacts found
-it in the Initial Study -
to be clearly insignificai
(E) SUBMISSTOX OF DATA. If tile project is to be carried out By a private
person or prLvate or-anization, the Lead Agency may require spic-11 person or
C. C,
organization to submit data and information which will enable tile Lead Agency
to prepare the Initial' Study. The inforination shall include. a PEA compl&-!ted
by tile applicant.
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(F) CONSULTATION. As soon as a Lead Agency has. dete—rainctJ that -- project
0
is not exempt and that an Initial Study L -.,ill be raqttir�--d �a dfeterminL- whether
a Negative Declaration or an EIR is required, the 1,cad Agency shall consult
with all Responsible Agencies ans required by Section 5-9. (1508cy>
C.
SECTION 6.2 ENVIROMMENTAL REVIVE?
(A) PREPARATION OF INITIAL STUDIES.
(1) After the Environmental Review Officer has accepted an application
for a project, he shall determine within 30 calendar days-whiether such
application is complete as defined in Section 4-3 and 6-1 E- The
applicant shall be notified in writing whether his applicaticni is complete
0
or what additional information is required.
(2) The applicant shall within 30 calendar days submit the :specified
information or the application shall be considered xz1thdrat-rn- This
30 day period may be extended by the Environmental Review Off1cer at
his discretion.
(3) After the Environmental Review Officer has accepted a completed
application subject to environmental review, he shall- cause an initial
study to be prepared.
(4) The Environmental Review Officer shall provide other applicable
local agencies with the Initial Study for review prior to th-E-- posting
C�
of a Negative Declaration or EIR. (15080)
SECTION 6.3 ENITTRONMENTAL DETERMINATION
(A) BASIS FOR DETERMINATION OF SIGNIFICA14T EFFECTS. DetermInaticnt of whether
a project will have a significant effect shall be based on the foXIowin-z
(1) The preliminary findings of the Initial Study -
(2) Comments received from State, and local agencies and other
interested parties during the review of the Initial Study -
(3) Some examples of consequences which may be deemed to be a
significant effect on the environment are contained in Appendl-N
(B) DETERMINATION OF SIGNIFICANT EFFECTS. Determination of sigrzificant
C�
effects for most projects shall be made by the Environmental Review Officer -
The Planning Commission shall determine significant effect for otl-ter projects
at the request of the Environmental Review OEficer- (15081)
(C) DECISION TO PREPAPE A NE.GATIVE DECLARATION. :If it i -s determ1ned that a
project will not have a significant effect on the environment a Mri--gative
Declaration shall be. prepared. If it is determined that the proj4ect may have
-26-
a significant effect but the applicant has proposedr rd,,E�ar fan
sufficient to reduce the environmental effects to -1P
as a condition of approval a Negative Declaration Sl,.IT7 b.� D,-,,zparcd_
(D) MITIGATION mEASURES TO REDUCE SIGNIFICANT EFIFECT- rf it 1-3 determined
that the project will have a significant effect on the envrironmonr btit that
added mitigation measures could reduce the impact to an in_�3igzxif 1cant level,
A�
the applicant shall be notified of the results of the enviroa:-.Natal determirta-
tion. Within 30 days of the notification t.he applicacion. s'n_-.11 eitherz
(1) Modify the project to include the proposed r-iti-aric-crz
measures.
(2) Submit the fees and information required to prepare an
Environmental Impact Report, or.
(3) Appeal the requirement of an Environmental. Impact
If within 30 days no adequate response is made by the appl1cant , the application
'shall be considered withdrawn.
(E) EIR DETERMINATION- - If it is determined that the project. will have. a
significant effect on the environment despite any mitfgatloon Measures the
_ C>
applicant will receivt� appropriate notification, Vithin 30 dav-s of. the
notification the applicant shall either:
(1) Submit -the fees and information required for aa ETR_
(2) Appeal the requirement of an EIR.
If no appeal of the decision or submission of fees and fnForma ' tion reqti-Ired for,
an EIR is made by the applicant within 30 days, the application shall be can--
sidered withdrawn.
(F) ERVIROKMENTAL REVIEV OF PROJECTS BY DECISI0N-K-1KT?,%-,G BODIES- The decision-
making body shall consider all relevant environmental dqcUM4ents pr-o�r to acting
on a project. Environmental consideration is based on the polic�Les established
in Section 2.1, 2.2 and 2.3 o7f'these Guidelines. Prior to, approval.of any pro-,
ject the clecision-malking body shall ratify the adequacy of all environmental
documents prepareii for the project,
Pursuant to these duties, the decision -malting body shall ha-vo the follow -Ing
authority:
(1) To identify significant effects and mitigation Lneasure-s-
(2) To revise, add or eliminate the mitigation rieasurk�s contained irt the
Initial Study acid to reclLiire the applicant to modify hTLs proJect to
inClUdC appropriat.c miti.gatioll cieaSUres.
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(3) To hear appeals of Negative Doclarations or EIR,
(4) To require an EIR for a project where a significant envEronatental
effect is possible.
(5) To consider the adequacy of an'EIR.
(6) To deny projects which have a significant effect on the env1ronment-
a
(7) To prepare a Statement or Overriding Consideratlons pursuant to
c
Section 8.14 for projects where an EIR has identified significant effects
and the project is approved.
SECTION 6.� MANDATORY FINDINGS OF SIGNIFICANCE
A project shall be found to have a significant effect ort the e-n-v-1ronment if:
(A) The project ha's the potential to degrade the -quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self sustaining, levels, threaten to
eliminate a plant or animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate important examples of the
major periods of California history or prehistory -
(B) The project has the potential to achieve short-term en-vironmental goals
to the disadvantage of long-term environmental goals.
(C) The project has possible environmental effects which are individually limited
but cumulatively considerable- As used in the subsection, '"cumalat1vely con-
sid ' erable" means that the incremental effects of an individual project are con-
siderable when viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of p.robable future projects_ .
(D) The environmental effects of a project will caus ' e substantial adverse
effects of human beings, either directly or indirectly. (15082)
ARTICLE 7 NEGATIVE DECLARATION PROCESS
A Negative Declaration shall be prepared for a project which the Lead Agency
Q1
finds on the basis of an Initial Study will not have a significant effect on
the environment. Before completing a Negative Declaratiori, the Lead Agency
C,
shall consult with all Responsible Agencies.
(A) CONSULTATION. Before completing a Negative Declaration, the Lead Agency
C, C,
shall consult with all Responsible Agencies pursuant to Section. 5-9- This
consultation may take place during the public reviet; period required by
Section 7.2 (C).
SECTION 7-1 CONTENTS. A Negative Decalration shall include:
(1) A brief description of the project; including a cor-m-only used name
for the project if any.
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(2) The location of the project and name of tlie pro
L jetzt propanent-
(3) A findin-- that the project will not have a significant effect
on the environment.
(4) An attached copy of the Initial Study documentin- reasons to
C.
support the finding.
(5) Mitigation measures, if any, included in the pro
C� ject to, avoid
potentially .1ignificant effects. (15033(C))
SECTION 7.2. PUBLIC NOTICE
(A) Notice that a Negative Declaration has been prepared shall be. provided
to the public within a reasonable period of time. prior to f inal_ adoption by
the public agency of. the Negative Declaration. Notice shall be glvon to all
C�
organizations and individuals who have previously requested such notice and
shall also be given by at least one of the following procedLtres=
(1) Publication, once by the public agency in a nevspaper of
general circulation in� the area affected by the proposed project
(2) Posting of notice b the public agency on and off site lu
� y 0
the area where the project is to b.e located.
(3) - Direct mailing to owners of property contiguous to the
project.
(B) The City may provide additional public notice by any nzeans, praviding
that public notice prescribed by subsection A of this section is provided -
(C) PUBLIC REVIEU1. The Negative Declaration shall' be made availablie to the
public with sufficient time before the project is approved to provide an
opportunity for members of the public to respond to the finding Spacial
requirements for review of Negative Declarations are coatained in Section
15161.5, 15162 and 15164 of the CEQA Guidelines.
SECTION 7.3 FILING
The Negative Declaration shall be filed with t!ie County r-lerk-
SECTION 7.4 APPEALS OF NEGATIVE DECLARATIONS
Any person may appeal a Negative Declaration prior to the e.-zplratlort of the
appeal period for the project itself. The appeal shall be made TL -n w-riting to
C,
the Environmental Review Officer and a fee set by the City�Coutncil to defray
the expense of the public hearing sliall be paid by the appellant-_
C,
The decision-making body which will normally consider the project Will hear
an appeal of a Ne1c,ative Declaration issued Sy the Environmontal Rev-1ev, Office -r -
The environmental. determination of the City Council is final-
-29-
Appeal of a NegaLLve Declaration shall be consideree at z! pu5lic hearing -
Consideration of an appeal may immediately precede consider"�tion of tile
project. At an appeal hearing the decision-mak-ino bodv silall rtake the
determination of'si.-nificant effects pursuant to Section f3t3 of these
Cuidelines.
SECTION 7.5 ACTION ON THE PROJECT
No project shall be approved or denied until an Environmental Deterrqinatipa
has been made and all reqvired environmental documents are complete -
SECTION 7.6 NOTICE OF DETERMINATION
(A) After making a decision to carry out or approve a project for which a
klegative Declaration has been prepared, th6 Lead A&ency shall file a Notice
of Determination.
(B) The Notice of Determination shall include:
(1) The decision of the agency to approve the project -
(2) The determination of the agency whether the project will
have a significant effect on the environment -
C,
(3) A statement that no EIR hAs been prepared pursuant to the
prOVi$�iOLIS of CEQA,
(4) The address wb ere a copy of the Negative Declaratlon'may be�-
C,
examined.
(D) The Notice of Determination shall be filed with the County Clerk -
If the project reqUired a discretionary approval from any State A-ency,
C.,
the Notice of Determination also shall be filed with the qecretary for
Resources.
(E) The filing of the Notice of Dete.rmination with -the Secretary :for Resources
and/or the County Clerk starts a 30 -day statute of liraitations on C40 Ur t _bhAllenaes
to the approval under CEQA. (P.R.C., Sec. 21167(b)). (15083(f))
ARTICLE 8 EIR PROCESS
SECTION 8.1 DECISION TO PREPARE EIR
(A) If the Lead Agency finds after an Initial Study that the project: may bave
a significant effect on the environment, the Lead Agency must prepare or cause
to be prepared an Environmental Impact Repqrt�
(B) An EIR ShOUld be prepared vhenever it can be fairly ar-ued on the bas�is
C�
of substantial evidence that the project may have -a significant effect on the
environment.
(C) An EIR should be prepared t,?ben there is serious pttblic controve-rsy concerning
the environmcuta.l. effect of a project. Controversy not related to an environmental
issue does not require the preparation of an MR
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(D) After determining thau an EIR will. be required for , -pro;k�ct, the I.ead
Agency shall send a Notice of Preparation to each Respo-71sp,-le. -N-Cncy and
consult with.the Responsible A.gencies as required bl: Sectioa 5-9- In addition,
if it has not already done so, the Lead Agency should also consult directly
with any person or organization it belLevcs vill 1>e concerned with the environ-
mental effects of the project.
(E) For projects where Fed-cral involvement ni-hr- require preparation Of a
CP
Federal EIS, the Lead Agency tinder CEQA should consult -with the appropriate
Federal agency on the need for an EIS. If both an rlrll* and EIS are needed,
the documents should be prepared jointly where Federal- regulations or procedures
allow, or the MR. should be prepared pursuant to Section 5-4- -Preparation of a
separate Ell', and EIS for the same project should be avoided, if possible- (15085)
SECTION 8.2 EIR NOTIFICATION AND APPE.41.
(A) Vhen it is determined that an EIR is required for a public project a Niotice
of Preparation will be posted by the County Clerk. Whert, it is determined that an
EIR is required for a private project the applicant will be notified by the
Environmental Review Officer.
(8) RESPONSE TO NOTICE OF PREPARATION. The applicant shall respond to uNotification
of an EIR Determination by the Environmental Review Officer within 30 calendar
days. The applicant shall respond to Notification of an'EIR Determination by a
decision-making body within 10 working days. Failure to respond to the notification
C,
shall cause the application to be considered withdrawn.
Response to the notification sliall consist of one of the followinc".
(1) Submission of fees and information required for- the Lead A-ency
to prepare the EIR.
(2) An appeal of the EIR require-inent if all appeals have nat been
exhausted.
(C) APPEALS. Only the applicant or property owner may appeal an EIR Deter M.-Ination-
EIR appeals shall be made in writing, to the Environmental Peviez-x Officer- A fec.
set by the Board of. Supervisors shall be paid by the appel lant to def ray the cost
of the appeal hearing.
The decision-makinc, body which would normally consider the approval of Itbe project
will hear the appeal of a Notice of Preparation.
(D) APPEAL 11EARMC. The decision-making body shall hold a public hearin,-, to
consider the appeal. At tile appeal hearing the docision-rulkin- body shall consider -
41 4n.
the Initial Study and other evidence coucernin.- the environinental effect of the
project.
(1) if it is determined that the project canncit bavo a si-n-ificant
effect on the environmont or that tile miti.ation rinea-z�;'Liret; proposed
will rechwe all significant effcccs to an insignEficant levol- a
Ueg,ltive Dcclaratio,,, shill be proparod-
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(2) If it is determined that the projecL would have a -signIE-1cant
effect on the environment WhiCh COUld be miti-ar-ed to an insi-nificant
level by added mitigacion neasures, the applicant shall be uotified
of these measures pursuant to Section 6.3 (D). If T.,:Ithirt 10 teorkin-
C,
days no adequate response is made by the applicant, the application
shall be considered withdrawn.
(3) If it is determined that the project' will have a sigulficant
effect on the environment despite any mitigation measures, the
applicant shall be notified that an EIR is required- Within 10
working days of notification, the applicant shall sub-Lnit the fees
and information required for an EIR or the application shhll be
considered withdrawn.
SECTION 8.3 PREPARATION OF THE DRAFT EIR
Mien an EIR is to be prepared and all fees and informa-tion have been received,
a Notice of Preparation will be posted. In order to prepare the Draft EIR.,
the Lead Agency shall consult with all Responsible Agenc3.es pursuant to
Section 5.9. At this time the Lead Agency may find it necessary to consulr
with other agencies. This consultation may occur at established meetings,
by formal referral procedures, or by informal inquiries as to anticipated
impacts of the project. The Lead Agency should be able to provide a full
description of the project and its environmental setting. 1n order to receive
adequate evaluations from the other agencies.
In the case of a private project, the local agency shall -require the person
c'
who will carry out the project to submit data and information necessary to
prepare the EIR. The agency may require the informiation in the form of a
Draft EIR, but the Lead Agency must examine this draft and the 1nfo-ruiatlon
contained within it to assure itself of its accuracy and objectl-vlty and ar-end
the draft if necessary. The EIR in its final draft form must reflect the
independent judgment of the Lead Agency. .(15085(b))
SECTION 8.4 CONTENT OF A DRAFT EIR
The content of an EIR is described in Article 10.
SECTION 8.5 NOTICE OF COMPLETION
As soon as the Draft EIR is completed, an official notice stating that the Draft
EIR has been completed must be filed with the Secretary for Resources- This
notice shall be referred to as a Notice of Completeion of the Draft EIR. it
shall include a brief description of the project, its proposed location and art
address where copies of the Draft EIR are available, and the period eurin- which
comments will be received. Vherc the r1R will be revie-ued by a State A,-ency it
will be processed through the State Clearinghouse. The cover form. required by the
0
Srate Clearinghouse w.ill serve as the Notice of Completion- (15085(c))
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SECTION 8.6 DISTRTBU-TION OF THE' D1%FT EIR
After completing dic Dnaft EIR, t!w Lvad Agency must consult witil, and obtain
the comments of, any public a"CJJCV WhiCil 11,1S jUrisdictioa 1;v- lar.'r '--ith respect
to the project. Any agencv or department within the local agency waich Trust
approve any portion of the project MLISt be consulted. In addltloin. the follorwr-
in- should be consulted:
(A) Any city, county or regional clearinghouse within three (3) miles o"EL the
proposed project.
(B) Any special district which will be directly or indirectly affected by the
project.
(C) Any persons having special. expertise with respect to any envlroamental.
impact involved.
SECTION 8.7 PUBLIC NOTICE
(A) After complet in,- a Draft EIR, th& Lead Agency shall consult %-�,Ith and obtain
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comments from public agencies having jurisdiction by latr with respect to the
project and should consult with persons having special expertise -wlth respect
to any environmeotal impact involved.' The Lead Agency shall pro-uride the general
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public witti an opportunity to comment on the EIR.
(B) The Lead Agency shall provide public notice of the completion of a Draft -
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ETR at the same time as it sends a Notice of Completion to the Resources Agency -
Notice shall -be given to all organizations and individuals who 1-.a-ve previously
a
requested such notice and shall also be given by at least one of the following
procedures:
(1) Publication, once by the public agency in a newspaper of general
0
circulation in the area affected by the proposed project -
(2) Posting of notice by the public agency on and of f the site in the
4� 4�
area where the project is to be located.
(3) Direct mailing to owners of property contiguous tcp the project -
(C) The alternatives for providing notice specified in subsection (B) shall
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not preclude a public agency from providing additional notice by other means
if such agency so desires.
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(D) The City will use t1le St�ItC Clearinc'110USe to distribute EIR's and other
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environmental documents to State af,-ellcics for re -vie;-.- and should use arenwide
clearingbouse to distribute the documents to regional and local agencies -
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(E) Public hearings may be conductc(.1 o,1 the enviroamental documents,
either in separate proceedings or in conjunction wiLh oche -r procee-dings of
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the public agency. (14085(d))
SECTIO'NT 8.8. COKMENTS ON THE MRZAFT EIR
The Lead A-ency will receive and evaluate 'all comments requestod and all
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offered on the Draft EIR. A SUmmary of comments shall be included in the
Final EIR. (15085(c)) .
SECTION 8.9 PREPARATION OF THE FINAL EIR
The Final EIR shall be prepared by the tead Agency- (1.508-5(f))
SECTION 8.10 CONTENTS OF THE FINAL EIR
The contents of a Final EIR are specified in Article 10- (15146)
SECTION 8.11 CERTIFICATION OF THE FINAL EIR
Th4! 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 completed
in compliance with CEQA and the State Guidelines -and that the decision- -making.
body or administrative official having final approval autho-rity over the
project has reviewed and considered the information contained in the EIR prior
to the approval of the project. (15085(g))
SECTION 8.12 NOTICE OF DETERMINATION
(A) After approving a project for which an EIR has been prepared, the Lead
Agency shall file a Notice of Determination with the City Clerk- Such notice
shall include:
(1) An identification of the project by its commort name where possible;
(2) The decision of the Lead Agency to approve or carry out the project;
(3) The determination of the Lead Age
ncy wliether the project in its
approved form will have a significant effect on the environment;
(4) A brief statement of the mitigation measures� which were adopted
by the Lead Agency to reduce the impacts of the appro-ved project; and
(5) A statement that an ETK was prepared pur.suarnt ro the provisions
of CEQA and was certified as required by Sectiou 8-11-
(P,) If the project requires disc.retionary approval from a State Agency, tll--
notice shall be filed with the Secretary for ResOUrces-
(C) The filing of the Notice of Determination starts a .30 -day statute of
limitations on court challonges to the approval under CUIA (P -R -C- 21167(c)-
(14085 (11))
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SECTION 8.13 EIP COMBINED VITH EXISTINC; PLA.XNT%G AMI PROZEESS
(A) PUBLIC PROJECT: The Local a.-cncy shall include the as a part of the
'regular project report where such a rc�port is used in the i�-:istin-g revriew and
budgetary process. When review of th,:: project is required by sectio-ki 6-5402(A)
of the Government Code, the EIR shall be submitted as part orL this review process -
(B) PRIVATE PROJECTS: The EIR process should be co-mbinerd. with the� e-xisting
project approval process being used by the Lead Agency -
(C) USE OF FINAL EIR BY RESPONSIBLE AGENCY: Each Responsible Agency sh-11 *
consider the Lead Agency's Final EIR before acting upon or appro-urin.- the project
pursuant to Section 5.5. (15036)
SECTION 8.14 FINDINGS
(A) No public agency or decision maker shall approve or carry OTLt -A project
for which. an Enviro6mental Impact Report has been'completed which :identifies orLe or,
more significant effects of the project unless the public -agency mayl�-es one or
more of the following written findings for each of those si-n1flearzt. effects
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accompanied by a statement of facts supporting each findin,--
(1) Changes or alterations have been required in, or incorporated
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into, the project which mitigates or avoid the significant- envlrart-
mental effects thereof as identified in the.final EM.
(2) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
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f inding. Such changes have been adopted by such other agertcy or can
and should be adopted by such other agency.
(3) Specific economic, social, or other considerations malke lnfeasible
the mitigation measures or project alternatives identified in. the. Final
EIR.
(B) The findings required by subsection (A) shall be suppo.rted by substantial
evidence in the record.
(C) The finding in subsection. (A) (2) shall not be made if the agency ma'kcing
the finding has concurrent jurisdiction with another agency to deal with 1dentified
feasible mitigation MeaSLLreS or alternatives. (15098)
SECTION' 8.15 STATEMEKT OF OVERMINC CONSIDERATIONS
(A) CEQA requires the decision moker to halance the banef-its; of' a pro?osed
project against its unavoidable environalcutal risks'in detx:-rnfrzin- whethz-�r to
approve the project. Where agencics have taken action restiltin- in environniental
damage witbotit explainln,�- the reasons idlich supportc-d the decision, courts� bave
invalidated the action.
(111) Where the decision of the publIc zi-,�ncy allo,,:s the o.:currenc-�� of signiflcant
effects identified in the final EIR v-Lthout -itia'tion, a,vr1CV raust state
t 11 0.1 -
in writing the rOASOEIS to' sLipport its zirtion b3 -;ed on th-.:!� final ETR and othz-r
information in the record. This statement may bo neces-zar-,- -if thi- agency zlso
m,)kes �j finding under Sect.lon or (c).
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(C) If an agen'cy makes a statument of overridin.- considetrations. the
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statemeat should be included in the record of the project approval and
should be mentioned in the Notice of Dc:termination.
ARTICLE 9 CATEGORICAL EXEMPTIONS
In response to the mandate of Section 21084 of the California Environmental
Quality Act, the Sccretary for Resources has found that the following classes
of projects do not have a significant effect on the environment and they are
declared to be categorically exempt from the requirement for the preparation
of documents. The Environmental Review Officer may require a PEA -ind make an
initial study to determine if a proje'ct is categorically e-.<emptt (.15100)
SECTION 9.1 CLASS 1:' EXISTING FACILITIES
Class 1. Consists of the operation, repair, maintenance or - minor alteration.
of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond
that pTeviously existing, including but not limited to:
(A) Interior and exterior alterations to existing structttres in-volv'Ing such
tbings as interior partitions, plumbing, electrical conveyances, mechanical
conveyances and upgrading measures such as stuccoing, painting and rewiring -
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(D) Replacement and repair of existing facilities of both investor and
publicly owned utilities used to convey or distribute electrical power, natural
gas, storm drainage, domestic water, irrigation water or sewa-e-
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(C) Reconstruction of existing hightays, streets, sidewalks, curbs, gutters,
bicycle trails and pedestrian trails and similar facilities -
(1) Reconstruction of existing highways.
(2) Resurfacing of existing highways.
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(3) Seal coating or existing highways.
(4) Regrading of shoulders on existing highways.
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(5) Cleaning of existing drainage and borrow"ditches-
(6) Placement of minor drainage pipes to solve a local drainage
problem.
(7) Minor relocation Of utility lines within existin.- rights-of-uray-
(8) Minor relocition of numps, pipelines, pressure and irrigation
systems from land aCqUired for roaduay purposes.
(9) Plicemcint of Curb, gutters and sidoualks to complete an e-.-:Est-
ing development.
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(10) Wec-d control alon- establish, -d rights-of-wa-v-
(D) Restoration or rehabilitation of deteriorated or dam.a-eJ- structures,
facilities, or mechanical equipment to mect current standa-i-ds of public
health and safety including the follouring:
(1) Relocation of existing storm, water or sanitary r -tains to
conforn, with new health and safety requirements.
(2) Repair and/or reconditioning of existincr domestic and irr-!,-,ation
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wells to meet with current health standards and quantity zind quality
demands.
(3) Replacement and/or minor relocation of pumps, motors, electrical
equipment on existing storm, water or sanitary facilities and
irrigation pumps.
(4) Cleaning of existing drainage and borrow- ditches -
(5) Placement of minor drainage pipes to solve a local draina--.e
problem.
.(6) Repair and maintenance of park structures and facilities -
(7) Repair damage caused by vandalism and storms -
(8) Replacement of traffic delineation to meet changing traffIc
demands.
(9) Trimming of trees and trimming or removal of brush to ellm-Inate
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traffic hazards.
Provided that it is not determined that the damage was substantlal and
resulted from an environmental hazard such as earthquake, landslide or
f lood.
(E) Additions to existina structures provided that the addit-Ion will n9t
0
result in an increase of more than 50 percent of the floo�r area of the structure
before the addition or alteration, 2,500 sqj ft., whicheve-r is less -
(F) Addition of safety or health protection devices for use during construction
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of or in conjunction with existing, structures, facilities or mechanical equipment
or topographical features (including navigational devices) where these devices
do not have or result in an adverse environmental impact including t1te following:
(1) Placentent of traffic signals where State warrants are met by changing
traffic demands.
(2) Maintenance of traffic rCgUliltory and advisory signs—
(3) Construction and maintenance of chemical toilets for- tempL>-rary
usage.
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(4) Installation of traffic regulatory signs ifter State Vehicle
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code requirements have been met.
(5) Replacement of traffic regulatory and advisory signs to meet
new standards.
(6) Placement and maintenance of regulatory signs, on City waterways
as provided for in the State Boating Act.
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(7) Placement of advisory signs adjacent to existing ferry crossings -
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(8) Placement and maintenance of advisory and regulatory' pavement
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markings as provided for in the State Vehicle Code -
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(9) Increasing turning radii at intersections to provide space for
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school bus and truck turns, including minor additions. of :ri"ghts-of-way
when necessary.
(10) Increasing roadway land width to provide safe passage for exlstlng
volume of traffic -
(11) Increasing shoulder width to provide for vehicle refu--e area.
(12) Replacement of irrigation or drainage structures to provide for
added traffic safety or roadway maintenance.
(13) 'Modification.of railroad or bridge approach grades; tc> pro -ride
safe sight distance.
(14) Increase in railroad crossing pavement width to provide for
0
safety zones for vehicles that must made a mandatory stop -
(15) Widening of existing bridges to provide safer widths for trafflc_
(16) Repair or replacement of existing vebicular-ferry ramps and
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dockin- facilities.
(17) Repair and/or nodification of existing bighu-ay bri.d.-es to tMeet
Current standards of safety.
(18) Construction of turn -around paved areas an deadend streets for
use by school buses, or fire fighting apparatus -
(19) Rebuild and/or resurface airport runways, taxivays, and runuray
shoulders.
New copy on existing on and off -premise sions.
(11) . Maintenance oF e-.<isting landscaping, native gro-uth and un.ter supply
reservoirs (CXClUding the use of economic poisons, as defined in Division 7,
Chapter 2, CaliFornia Agricultural Code) including tha
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m m-.- E n
(2) wa t e r i. m,
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(3) ed-ing
(4) fertilizino,
(5) pruning
(6) leaf rakint-
(7) litter pickup
(8) weeding
(9) weed spraying
(10) nerifyin.*
(11) sprinkler maintenance
(12) park site cleanup
(1) Naintenance of fish screens, fish ladders, wildlife habitat areas,,
artificial wildlife waterway devices, streamilows, spriags and wraterhales,
and stream channels (clearino of debris) to protect fish aad wildllfe resources -
M Fish stocking by the California Departnent of Fish and Came -
M Division of existing Mlltip�e family rental units irta condoatini-lums-
(L) Demolition and removal of individual small str�ictures listed in this
subsection except where the structures are of historical, a-rchaeological
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or architectural significance:
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(1) Single-family residences not in conjunction witt.1-1 the dectolltion
of two or more units.
(2) Motels, apartments, and duplexes designed for not more than
four dvellin- units if not in conjunction with the demolition of
two or niore such structures.
(3) Stores, offices and restaurants if designed for an - cvccLzpant,.
load of 20 persons or less, if not in conjunction with the demolltion
of two or more Such structures.
(4) Accessory (appurtenant) structures to existin.- dat-as and
appurtenant structures under the SUpervision of th� - Department of
Water Resources. (15101)
SECTION 9.2 CLASS 2: REPLACEMENT OR PECONS-lRUCTION
Class 2 consists of replacemen't or reconstrUCtion of existing strttctures- and
facilities where the new structure will he located on thE- same site as the
structure replaced and will haVe SUbStantialIV the saire p-irpose and capacity
as the structure replaced, including but not linited to:
11
(A) Replacem�--nt or reconstruction of e-,istin- schouls and hospitals to
I
providE: earthquikt- rcsistan� sLructures thich do liot irier-2,ac:.e, capaclty more
than 507.
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(a) Replacerrient of a commer-cial structure with a net -,r structure OC
substantially the sane size and purpose. (15102)
(C) Replacement of existing highway bridges in SUbStantially the sama
location.
(D) Replacemet or reconstruction of utility facilities -
SECTION 9.3 CLASS 3: NE14 CONSTRUCTION OF SK -ILL ST.RUCTURES
Class 3 consists of construction and location of single, new facilities or
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structures listed in this notice and installation of riew equIpment and
facilities including but not limited to:
(A)* Single family residences not in conjunction with the bulldlrkp, of
two or more such units.
(B) Motels, apartments, and duplexes designed for not more than four
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dwellino units if pot in conjunction with the building of two or irtore
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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- e--,Ltenslons of
reasonable lencth of serve such construction..
(E) Accessory (appurtenant) structures including garages, carports, patiors,
swimming pools and fences.
(F) Single mobeilehomes if in conformity with City ordinance -
SECTION 9.4 CLASS 4: MINOR ALTERATIONS TO LAND
Class 4 consists of minor public or private alterations in ithe, condition of
land, water and/or vegetation, which do not'involve removal of mature scenic
trees except for forestry and agricultural purposes as deter -mined by the
Environmental Review Officer. Examples include but are not 1-imited to:
(A) Grading on land with a slope of less than ten (10) percent, except- where
it is to be located in a waterway, in any wetlaud, in an officially designed
(by Federal, State or local governmental action) scenic area, or in officially
mapped areas of severe geologic hazard.
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(B) New ggardening or landscaping but not included the removal of inature
scenic. trees.
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(C) Filling of earth into previously excavated hand wr!th atatt�-rial compatible
with the nZitural. features of the sitc.
(D) Minor alterations in land, water and vagetation on eX-1sting Officially
designated wildlife managentent areas of fish production facilities which
0
result in improvement of habitat for fish and urildlife resources or- afeater
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fish production.
(E) Minor temporary uset or land having negligible or nor pernianent. effects an
the environnent, including carnivals, sales of Christmas trees, etc --
(F) Maintenance dredging where the spoil is deposited :En -L spbil area
authorized by all applicable State and Federal regulatory zagencles-
(G) Minor trenching and backfilling where the surface :Es rest'Ored.' (15104)
(H) Normal maintenance of flood control channels including the followin-z
4=- C3.
(1) Clear brush and wild growth other than sod from the levee crown
and slopes within the water course.
(2) Burn weeds, grass and debris on the levee and w1thin the water
course during the appropriate season where not dangerous or
impracticable.
(3) Mow grass and weeds on the levee where removal by burninp, is
dangerous or impracticable.
(4) Spray grass and weeds with herbicides uthere mourlug and/or
burning is impracticable.
(5) Exterminate burrowing animals as required 7>y rederal he-ulations
to preserve the integrity of the levee and channel. system -
6) Repair caves, sloughs, burrows, holes, slips or c>th--r damaged
.portions of the levee.
(7) Grading and dredging of existing flood control channels
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to maintain adequate capacity.
(8) Repair drains and appurtenant control uorks and other structures
through the levee.
(9) Install, replace or repair revetment work or riprap-
(10) Maintain the road on the levee and shape the croc-7n so as tci,
provide unifort-ii draina.-,:-.
(11) Remove, or rectify obstacles to ttaval by nuthori2tcd verxicle's-
(12) Prevent the crection of structures on, additions; to, or- alterations
of, the levee unless autborized by pormit-
(13) Stock matorials and procure equipmont. for -,-Vneral- --laintenalice �-t-Td
Allg erllc-rpencii�s-
for repairs dur. ,
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(14) Patrol the levee coritinuously during timae of floods to prevent
M
seepa,ge and boils on Lite landward slopes and on the landside Of the
levee.
SECTION 9.5 CLASS 5: ALTERATIONS IN LAN -D USE. LIMITATIO-KS
Class 5 consists of minor alterations in land use lirnita-tions, except zon-Ing,
including but not limited to:
(A) Minor lot line adjustments, side yard and setback variances not resaltin.-
in the creation of any new parcel nor in any change in land use or density --
(B) Issuance of minor encroachment permits. Permits include*those for itdMs:
such as driveways, longitudinal and traverse utility encroachments, etc --
(15105)
SECTION 9.6 CLASS 6: INFORMATION COLLECTION
Class 6 consists of basic data collection, research, experimental managerrent
and resource evaluation activities which do not result in a serious or major
distrubance to an environmental resource. These may be for strictly :Information
gathering purposes, or is part of a study leading to an act -ion which a public
I
agency has not yet approved, adopted or funded. (151006)
SECTION 9.7 CLASS 7: REGULATORY ACTIONS FOR'PROTECTION OF E.ekTURAL PLESOURCES
Class 7 consists of actions taken by reclUlatory agencies, as autborized by
State law or local ordinance, to assure the maintenance, restoration, or
enhancement of a natural resource, where the regulatory process involves
procedures for protection of the environment. Examples include but are not
limited to: wildlife preservation activities of the State Departmertt of Fish
and Came. Construction activities are not included in this, exemption. (15107)
SECTION 9.8 CLASS 8: REGULATORY ACTIONS FOP, THE PROTECTIOX OF THE
ENVIRONMENT
Class 8 consists of actions taken by regulatory agencies, as a.uthorized by ' .
State law or local ordinance, to assure the maintenance, restoration, ephance-
m en t, or protection of the environment where the regulatory process involves
procedures for protection of the environment. Construction act1v-!t:.Ees are' not
included in this exemption. (15108)
SECT -ION 9.9 CLASS 9: INSPECTIONS
Class 9 consists of activities lintited entirely to inspect ion, to. check for
performance of an operation, or quality, health or safety of a project, includ-
inc, realted activities SLIC11 ZIS inspection for possible rtisieziclin-. Misrepresentatior
or adUlteration Of PrOdUCt-S. (15109)
SECTION 9. 10 CLASS IQ: LOANS
Class 10 consists of loans mide. by the Dopartmznr of Veteran.--;' iXffalrs under
ttie Veterans Farm and [101N� PUrclmse Act of 1943- (15110)
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SECTION 9.11 CLASS 11: ACCESSORY STRUCTURES
Class 11 consists of construction or placement of minor st ' ructures accessou
to (appurtenant to). existing commercial, industrial, or lnstit.uLional facilitles,
including but not limited to:
(A) On -premise signs.
(B) Small Parkin- lots. (15111)
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SECTION 9.12 CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES
Class 12 consists of sales of surplus government property eN_cept for parcels
of land located in an area of statewide " interest or potenti-al area of critical
concern as identified in the -Governor's Environmental Goals and roiicy Eeport
prepared pursuant to Government Code Sections 65401 et s;eq- However, if the
surplus property to be sold is located in those areas ide-nt:ified in the
Governor's Environmental Goals and Policy Report, its salfa :is exemptjf=
(a) The property does not have significant values for urildlife
habitat or other environmental purposes, and
(b) Any of the following conditions exist:
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(1) The property is of such size or shape that 1t; is.1ncapable-
of independent development or use, or
(2) The prope'rty to be sold would qualify for zn exemption
under any other class of categorical exemption -in Article 8
of the Guidelines, or
(3) The use of the property and adjacent propert_y bas not
changed since the time of purchase by the publio -tgency- (15112)
SECTION 9.13 CLASS 13: ACQUISITION OF LANDS FOR WILDLIF-E COX-SERVAT109
PURPOSES
Class 13 consists of the acquisition of lands for fish and wildlife conservation
purposes, includiri.c, preservation of fish and wildlife haT>-Itat, establishin-
ecological reservo.s and preserving access to public lands and water where the
purpose of the aCCILLiSition is to preserve the land in its natural condition -
(15113)
SECTION 9.14 CLASS 14: LMINOR ADDITIONS TO SCHOO1,S
Class 14 -consists of minor additions to existing schools -withirr existing F-Chool
grounds where the addition does not increase original _&t.ttc1erkr capacity by more than
25% or five classrooms, whichever is less. The addition 4of portabAc-. classrooms
is included in this exception.
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9. 15 CLASS 15: TRANWER OF Ot-.�N ERSIH P OF LAND IN' ORDER TO CREATE PAPUKS
Class 15 consists of the acquisition or sale of land in orde!r to establISTI a
park where the land is in a natural condition or contains histarlc sites
or archaeological sites and either:
(a) The management plan for the parl, has not been prepar-ed, 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 propbsed that x4111 chan.ge
the area from its natural condition or significa-atly chang- the
historic or a-rchaeolotical site. (15116)
SECTION 9.16 CLASS 16: OPEN SPACE CONTRACTS OR EASE-,'-[E,\'TS
Cl -ass 16 consists of the establishment of agricultural preserves, making and
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renewing of open space contracts under the Williamson Act, or thea acceptance of
easements or fee interests in order to maintain the open space character of
the area. The cancellation of such preserves, Contracts, :Enterf--sts.. or ease-
ments is not included.' (15117)
SECTION 9.17 CLASS 17: DESICNATION OF V'ILDERNESS AREAS
Class 17 consists of the designation of wilderness areas under t1he California
Wilderness System. (15118)
SECTION 9.18 CLASS 18: ANNEXATTON OF EXISTING FACILITIES A%. -D 11 -OTS FOR
EXEMPT FACILITIES.
Class IS consists of only the following annexations:
a
(A) Annexations to a city or special district of areas contaiEnling existing
C. C.
public or private structures developed to the density alloTwed by- the cur -rent
zoning or pre -zoning of either the gaining or losing governmental agency wl-Lich-
ever is more restrictive, provided, however, that the extension C>f utility
services to the existing facilities would have a capacity to ser-Ve only the
existing facilities.
(13) Annexations of individual small parcels of the riinirnum. sT7_e� for facilities
exempted by Section 15103, New Construction of Small Structures-
SFCTION 9.19 CLASS 19: ENFORCEMENT ACTIONS BY REGULATORY ACUKCIES
Class 19 consists of actions by regUlatory agencies to enforce o'r revoke n
n
lease, permit, license, certiEicate, or other entitlement for usz�e issued,
adopted or prescribed.by the re.gulitory agency or law, vene-ral- rule, Standard,
or objective, administered or adopted by the re-Ulatory agency- Such actjonr�
include, but are not limited to, the folloWin-1:
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6
(A) The direct referral of a violacio-in of lease, pernft,
certificate, or entitlement for use or of a general rule, stnada-rd- or
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objective to the Attorney General, District Attorney, or City Attorney
as appropriate, for judicial enforcoment.
(B) The adoption of an administrative decision or order ertforcl'u- or
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revoking the lease, permit, license, certificate, or entitlement for use,
or enforcing the general rule, standard, or objective -
(C) Construction activities undertaken by the public agency tal—ing the
1� - 4�
enforcement or revocation action are not included in this ecemptio'-1- CI5121)
SECTION 9.20 CLASS 20: NORKAL OPE%%TIONS OF FACILITIES FO -r,, PUSLIC
GATHERINGS
Class 20 consists of the normal operations of existing facilicies. for public
gatherings for which the facilities were designed, where, t1here.is. a past
history of the facility being used for the same kind of purpose- racil-ities
a
included within this exemption include, but are not limited to racetracks,
stadiums, convention centers, auditoriums, amphitheaters, planetariums,
swimming pools and amusement parks. (15123)
SECTION 9.21 CLASS 21: REGULATION OF WORKING CONDITIONS
Class 21 consists of actions taken by regulatory agencies, includi-n- the
40.
Industrial Welfare Commission as authorized by-statiae, to regulate any of
the followino:
(A) Employee Wag�les
(B) Hours of work, or
(C) Working conditions where there will be no demonstrable phys:14=al
chanaes outside tile place of -work. (15124)
SECTION 9.22 RELATION TO MINISTERIAL PROJECTS
These categorical exemptions apply only where the project in que�srion is found
to be discretionary. if the project is ministerial, the pro%risions of CEQA and
these Guidelines do not apply. The inclusion of a particular project in the
class or examples of categorical exem tions does not imply that thQ- project is
0 P
either ministerial or discretionary. The matter of what is or i-_& not a
ministerial- project is to be determined by each Lead Agency, basect on an
C, I
examination of tile applicable laws and ordinances. (15100,1)
SFCTTONI 9.22 EXCEIPTION BY LOCATION
Classes 3,4,5 and I I and spocific Cate,_'O,-ical as note-:zI are qUallfied
by cons i(lerations of wilere t1io project is to be located --a projL!ct that i--;
ordinarily insi.goificant in its impact on th%� enviroam,-nt any in a partictilarly
sensitive environment be significant.
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Therefore, these classes are considerej to apply in i1i f-nsca---,c:c--s EXCE117.
where the project may impact on an environmental resource, cor hazard Of
critical concern as may be hereafter designated, precisel�',-- mapped, and
officially adopted pur.-.;uant to lat.,,. Moreover, all exemptions, for these
classes are inapplicable when the cumulative: impact of SECcessLve projects
of the sane type in the saime place, over time is si-nificant—for C%-zimple
annual additions to an existing buildino under Class 1- 1-5 100- 2)
ARTICLE 10 CONTENTS OF ENVIRO�;MEXTAL IMPACT REPORTS
SECTION 10.1 CENERAL
(A) Environmental Impact Reports shall contain the informatlon outlined
In this- article. Each element must be covered, and tenen. these elements are
not separated into distinct sections, the document shall state where in the
document each element is discussed.
(B) Each report shall contain a brief summary of the propo-s-ed action and its
consequences in language sufficiently simple that the issue-% can be understood
� c'
by the average member of the lay public. The EIR shall als(> contain a table
of contents of an Index.
(C) The information contained in an EIR shall include summarized technical data,
maps, plot plans, diagrains, and similur relevant informatioa sufficient to permit
full assessment of significant environmental impacts by revl.ewlng a-encies and
members of the public. Placement of highly technical and spezialized analysis
and data in the body of an EIR should be avoided through i-r-1cluslon of supportin--
information and analyses as appendices to the main body of t.be EIR. Appendices
to the EIR may be prepared in volumes separate from, the basi-c EIR docunient. but
shall be available for public examination and shall be sub.-nitted to all clearin,—
houses which assist in public review.
(D) The EIR should be prepared using a systematic, interd1s;c1pll nary- approach -
The interdisciplinary analysis shall be conducted by competent individuals, but
no single discipline shall be designated or required to.uadex'-take this elevation -
Preparation of EIRs is dependent upon information from maay :sources, Including
the engineering project report and many scientific documents relating to environ-
mental features. The EIR shall reference all documents used in its preparation
including where possible, a citation to the page and section number of any
technical reports v-hich were used as the basis for any statements in the ETR -
(E) The EIR should discuss environmental effect in propor-ti�on to tbeir severity
and probability of occurrence. Effects dismissed in an Initlal Study as clearly
insignificant and unlikely to occur need not be discussed further in the EIR
unless the Lead Agency subsequently receives information incainsistent with the
finding in the Initial Study. A copy of the Initial StudY shall be attached to
the EIR to provide the basis for limitIng the impacts disctissi�-!d-
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(F) An EIR shall contain a stataniant briefly indicating the for
determining that various effects of a project that couid pc>s;si52y be con-
sidered sionificant were -not found to be si-nificaat aael consequently were
a 0
not discussed in detail in the EIR.
(G) Draftiw, an ETR necessarily involves sonne de-ree of f orecas ting. llhile
C.
foreseeing the unforeseeable is not possible, an a-gency- iust us*-- its best
efforts to find out and disclose all that it. reasonably can -
(H) If, after thorough investi-atio*n, a Lead Agency finds that a particular
0 0 C>
impact is too speculative for evaluation, the agency should note- its conclusion
and terminate discussion of the impact. (15140)
SECTION 10.2 DESCRIPTION OF THE PROJECT
The description of the project shall contain the following lnfq-rination but
should not supply extensive detail beyond tbitt needed for e-valuzxtlort and
review of the environmental impact:
(A) The precise location and boundaries of the proposed project qhall be
shown on a detailed map, preferably topographic. The location alf the projqct
shall also appear on a regional map,
(B) A statement of the objectives sought by the proposed projec:t-
(C) A general description o f the project's technical, economfc, and environ-
C�
mental characteristics, considering the principle engineering px-oposals and
. Q C,
supporting public service facilit ies. (15141)
SECTION 10.3 DESCRIPTION OF ERVIRONMENTAL SETTING
An EIR must include a description of the environment in the vicinity of the
project, as it exists before commencernent of the project, frc?M both a local
and regional perspective. Knowledge of the regional settln- is critical to the
assessment of environmental.impacts,
Special emphasis should be placed on environmental resources tha t are rare or
unique to that region. Specific references to related pro
Jects, both public and
private, both exist . ent and planned, in the region should also b� included, for
purposes of examining the possible cumulative impact of such procojects- (15142)
C,
SECTION 10.4 ENVIRONMENTAL IMPACT
All phases of a project must be considered when evaluatin- its iripact on tile
environment: planning, aCCILliSition, development and operaticia- The following
0 -
subjects shall be discussed preferably in separate sections ci�r pztra.-raphs.- If
they arew not discussed separately, the EIF must includc, a table _shc-r4in- where
cacti of the subjects is d1SCUSsed. (15143)
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(A) Till-. SIGNIFICANT ENVIRONImEYVAI, EFFECTS. Describe th-- direct and indirect
sic,nificant efftcts of the project on the environment, giving due consideration
to both the short-term and long-term effects. It should fnclude relevant
specifics of the area, the resources involved, physical changes, alterations
to ecolo-ical systems and changes induced in population distribution, population
concentration, the human use of the land (including comm-ei-clal and residential
development) and other aspects of the resource base such a -s water, scenic quality
and public services. Cumulative effects shall also be discussed uffien. found to be
significant.
(B) ANY SIGNIFICANT ENIVIRON",MNTAL EFFECTS mncH cA%,TN-OT BE: AVOIDED IF THE YROPOSAL
IS IMPLEMENTED. Describe any significant impacts, includlng those which can be
reduced to an insignificant level but not eliminated- Where there are impacts
that cannot be alleviated without imposing an alternative design, their Implica-
tions and the reasons why the project is being proposed- notwithstanding their
effect, should be described. Describe significant impacts. on any aesthetically
valuable surroundings, or on human health.
(C) MITIGATION MEASURES PROPOSED TO MINIMIZE THE SIGNIFIC-AX-'T EFFECTS- Describe
significant, avoidable, adverse impacts, including ineffic-lent and unnecessa
C� ry
consumption of energy and water, and measures to minimize rhese: Impacts- The
V
discussion of mitigation measures shall distinguish between the measures which
are proposed by project proponents to be included in the praject and other mea-
sures that are not included but could reasonably be expected to reduce adverse
impacts- This discussion shall include an identification of the acceptable levels
to which such impacts will be reduced, and the basis upon which such levels were
identified. Where several measures are available to mitigate impact, each should
be discussed and the basis for selecting a particular measure should be identified -
Energy conservation measures, as well as other approppriate mltigatlon MeaSrUres,
shall be discussed when relevant. Examples of energy conser-tration measures are
provided in Appendix E.
(D) ALTERNATIVES TO THE PROPOSED ACTION. Describe all reza-sonable alternatives
to the project, or to the location of the project, which ciould 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" inust: also always be
evaluated, alona with the impact. The discussion of altemative shall include
alternatives capable of substantially reducing or culminatlng any significant
a :> C2
environmental effects, even if these alternative substanti�ally impede the
attainment of the project objectives and are Tgore costly.
(E) THE RELATTONS11IP BETVEEN LOCAL S1101"T-TER'M USES OF M-MvS MrMONZIE-NT ANED
THE MAINTENANCE AND ENVANCEMENT OF LONG-TEMI PRODUCTIVITY- Describe the
cumulative and long-term effects of the proposed project which adversely affect
the state of the environmeElt. Special attentlon should be -1ven to impacts which
narrow the ranf,e of beneficial uses oF the environment or pose Iong-terin risks to
a Cn.
health or safety. Tn addition, the reasons, why the proposed pro�je-ct is believed
by the sponsor to be justified now, rather than reserving zin option for further
alternatives, should be explainod.
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M ANY SIGNIFICANT IRFEVI-ERSIBLE ENVERONMIENTAL CHA�.GES :..LK711) BE I_N'L:'0LVED
IN THE PROPOSED ACTION SUOLTD IT BE 1%1?LEY1:':TFD. 1--tes oZ nan.r'.-nowable rc!sources
during the initial and continued phases of tite liroject. may. b,.! lrroxrersiblk' since
a large commitment of such resot.-r-cos nakos removal or. nonuse t1jereafter En -likely -
Cl
Primary impacts and, particularly, secondary impacts (such as a fligr.11way 1n.provement
which provides access to a nonaccessible area) generally coz-am.-IrLt futiure generaciorts
c�
to similar uses. Also irreversible dariac,c can result fro: -n eavironmental accidents
associated with the project. Irretrievable commitmc-nts oE resoLtrces shotild be.
evaluated to assure that such current consumption is. jtysr-Ified-
M TRE GROWTH�INDUCING IMPACT OF THE PROPOSED ACTIO%'_ Discuss thie %xay--- in
which the proposed. project could foster economic or populzrition grawth,. either
directly or indirectly, in the surrounding environment- Included in thi-% are
projects which would remove obstacles to population grow-th (a major expansion
of a waste water treatment plant might, for example, 211C.W for -more COLIStruction
in service areas). Increases in the population may furthor tax existin& community
service facilities so consideration must be given to this impact- Also discuss
the characteristics of some projects which Pay encourage and facilltate other
C.
activities that could significantly affect the environnnent, either individually
or cumulatively. It must not be assumed that growth in any. arezi is necessarily
1
beneficial, detrimental, or of little significance to the enviroament- (15143)
(H) LINMITATIO-NS ON DISCUSSION OF ENVIROINME.-NTAL IMPACT- 'Fhe in fortratioa required
by subsections (E) and (F) of this section need be included only in EIRs prep-are;d
in connection with the following activities:'
(1) The adoption, amendment, Or enactinent of a plan, policy. or
ordinance.of a Public agency.
C,
(2) The adoption by a local agency formation corrfnis�sion of a
resolution making determintions.
(3) A project which will be subject to the requirern-ant for -
preparing an Environmental Impact Statement pursuant to tha
requirements of the National Environmental Policy Art of 1969- - (15143. 1)
(I) EFFECTS FOUND NOT BE BE SIGNIFICANT. An EIR shall cantaln a statement
briefly indicating the reasons that various possible sianificant effects 4af a projec
0
were determined not to be sicnificant and were therefore not discussed fn detail
in the EIR. Such a statement may be contained in an attached copy of an Tnitial
Study. (15143.5)
SECTION 10.5 ORGANIZATIONS AND PERSONS CONSULTED
The identity of all Fedcral, State, regiocial or local agenA:Ics, other or'c'Zinizations
C.
and private individuals C011SUIted in preparing the ETR, and the identity- c�f the
persons, firm or agency preparLng the ETK b-,�- contract or -opthor attLite-rization Must
be given. (15144)
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SECTION 10.6 WATER QUAUTY ASPECTS
Describe in the environmc-ntal setting section, and otrne�r sectfons where
applicable, water quality aspects of the proposed project which have been
previously certified by the appropriate State or interstate or-ani;,.ation as
C).
being in substantial compliance with applicable water quallLy standards.
(15145)
SECTION 10.7 CONTENTS OF FINAL ENVIRONMENTAL I'MPACT kEPORT
(A) The Final EIR shall consist of the Draft EIR continin- the elements
C.
described above, a section containing the comments and responses- (15146)
SECTION 10.8 DEGREE OF SPECIFICITY
The degree of specificity required in an EIR will correspond to the degree of
specificity involved in the underlying activity wbich is desc7r:Lbed in the BITt-
C�
(A) An EIR on a construction project will necessarily be more detailed iTi
the specific effects of the project than will be an EIR on the adoption of a
local general plan or comprehensive zoning ordinance becatise the ef f ects of
the constrLiCtiOn can be predicted with greater accuracy -
(B) An EIR on projects such as the adoption or amendment of a comprebens1ve
zoning ordinance or a local general plan should focus on the secondary effects
that can be expected to follow from the adoption, but the EIR need not be as
detailed as an EIR on the specific construction projects that micbt follmr.
(15147)
(C) The requirements for nn EIR on a local general plan, element or amend—
ment therefore will be satisfied by the General Plan or element document,
and no separate EIR will be required, if:
(1) The General Plan addressed all the points required to be in a
EIR by Article 10 of these Guidelines.
(2) The document contains a special section or a cover sheet
identifying vhere the general plan document addresses eaclt of the
points required.
(3) Where an EIR has been prepared
amendment thereto, the EIR shall be
house for reviev. (15148)
SECTION 10.9 INCORPORATION BY REFJ-1RFXCF
for a general plan, element, or
forwarded to the State Clearina.—
(A) An EIR may incorporate by reference all or portions of another document
,L.Aiicli is a matter of public record or is gonerally avaflablc- tc), the PUblie-
Ulhere all or part of �tnothor doctiment is incorporated to be set forth in Full
as part of the text of tile FIR.
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(B) I-Ricre part of another docutment is incorporated iry- re�ferenco, suc!) other
document shall be made available to dia public for inspection at a public
place or public bUildino. The EIR shall statd where the incorporated documents
will be available for inspection. At a minimum, th_- lncor-�arated document shall
be made available to the public in an office of the Lead Agency in the City
where the project would be carried out or in one or more pUblic bulldings such
as City offices or pUblic libraries if the Lead A-encv does not have art office
in the City.
(C) Where an EIR uses incorporation by reference, the incorporated part of the
referenced document shall be briefly summarized where possible or briefly
described if the data or information cannot be summnarizecl.' The relationship
between the incorporated part of the referenced document -and the EIR shall be
described. (15149)
SECTION 10.10 STANDARDS FOR ADEQUACY OF AN EIR
An EIR should be prepared with a sufficient degree of analysis to provide
decision -makers with information which enables then. to malte a decision which
intelligently takes account of environmental. consequences- An evaluation of the
environmental effects of a proposed project need not be e.-Zhattstive, but the
sufficiency of an EIR is to be reviewed in the light -of what is reasonably
feasible. Disaareement among experts does not make an EIR 5-nadequate- The
courts have looked not for perfection but for adequacy, completeness, and a
good faith effort at full disclosure. (15150)
The legally required preparation, review and comment procedures for envlron—
mental. documents provide the opportunity for citizens, all professlohal disciplines
and public agencies to evaluate critically the enviroamental document and tile
manner in which technical data are used. (15160.5)
ARTICLE 11 EVALUATION OF ENVIRONMENTAL IMPACT Rr_P011ZT4_:;
SECTION 11.1 ADEQUATE TIME FOR REVIEV AND CO,\L\IE\-,T
In order to provide sufficient time for public revlexr, re-vieu periods f45r Draft
EIRs Should not be less than 30 days, nor longer than 90 days f rom the date
of completion of the Draft EIR except in unusual situations. (15160(c))
SECTION 11.2 PURPOSE OF REVIE1,1
The legally required preparation, review and comment proc-edLtres for environmeittal
procedures for environmental documents provides the opportunity for citizens,
all professional disciplines, and public agencies to evaluate critically the
a
environmental document and the manner in which technical data are used- (15160-5)
SECTION 11.3 REVIEUT Or EIRs
(A) Reviewers should ' fOCLIS on the sufficiency of the FTFZ' irt disctissing, possible
iMpaCtS upon the environni.ent, ways in which advorsE- effects mizat be minim.lzed.
and alternatives to the projoct, in lic'11t Of the intent: of htc, Act to provide
I -
decision -makers with useful information about SUch f`aCr0r_-'-_ PUbliC
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I -
reviewing projects should explain the basis for their co-Laeats, and whz!rtever
possible, should submit data or refc!renco in support of such comu-nents-
(B) Upon completion of revie�-,rina an EIR, it is sugges'ted that ravie,.,:-1n--,,
0 0*�
agencies supply the project sponsor with the nare OF .1 contact person who
is available for later consultation should this prove necessary- (15161)
(C) EIRs and Ne.-ative Declarations to be reviewed by State agencies shall be
CP
submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento,
California 95314.
1.1hen an EIR is submitted to the State Clearinghouse, the revieur perlod set by
a
the Lead Agency must be at least as long as the period provided 1n the State
review system operated by the State Clearinghouse. In exceptional c.ircumstances,
the State Clearinghouse may set shorter review periods when -requested by the
Lead Agency. (15161.5)
(D) Draft EIRs and Negative Declaration prepared by a public agency where a
State agency is a Responsible Agency or has jurisdiction by lax -y- (---ith respect
to the project) shall be submitted to the State Clearinghouse for- revleu: by
State agencies. (15161.5(b)(2))
SECTION 11.4 PROJECTS OF STATEWIDE, REGION -AL OR AR&I'VIDE SICX1F1CA%CE-
(A) Projects meeting the criteria' in this section s�all be deemed to be of
statewide, regional or areawide significance. EIRs or Negative Declarations prepz
C,
by a public agency on a project described in this section shall be sub-mitted to t1
State Clearinghouse and should be submitted also to the appropriate.metropolitaut
area council of governments for review and comment -
(9) The Lead Agency shall determine that a proposed project is of scatewide,
regional, or areawidc significance if the project meets any of the following
criteria:
(1) A proposed local general plan, element, or- amendnent thereaE
C,
for which an EIR was prepared.
(2) A project which would interfere with the attafnment or -Main--
tenance of State or national air quality standards includin-:
(a) A proposed residential development OLE more than 500
dwelling units.
C,
(b) A proposed shopping center or business establishment
employing more than 1,000 persons or encompassing more than
500,000 square feet of floor space.
(c) A proposed commercial office bttildin,,, eirploying more
thnn 1,000 persons or encompassing more than 250,000 SqUare
feet of floor space.
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(d) A proposed hotcl/motel dav,:�Iopment of rtore rhar, 500, roc>ms.
(e) A proposed iveitstrial ma-,ILLFacturing or proc"e--;sing plant
anned to house more than 1 000 persons,
or ixidustrial park pl.
occupying more than 40 acres of land, or encompassin- Lno�ire than
4� A;P
650,000 square feet of floor area.
(3) A project located in and substantially impacting on an --rea of
critical environmental sensitivity for which an Elk was prepared
including:
(a) An area within 1/4 mile of a wild and scenic river as
defined by Section 5093.5 of the Public Resources Code -
(b) The Sacramento -San Joaquin Delta, as defined in Water
Code Section 12220.
(4) A project which would substantially affect sensitive urildllfc!
habitats including but not limited to riparian lands, wetlands, bays,
estuaries, marshes, and habitats for rare and endan-ered species as
defined by Fish and Came Code Section 903.
(5) A project which would interfere uith attainment of re-fonal
water quality standards as stated in the approved area�wlde umaste
water management plan. (15161.6),
SECTION IJ FAILURE TO COMMENT
If any public a.aency or person who is consulted with regard to an EIR fails to
comment within the time specified by the Lead Agency, it sball. be- asst!med,
absent of a request for a specific extension of time, that such apgency or
person has no comment to make. (15162)
SECTION ll.N AVAILABILITY OF ENVIRONNIMENTAL DOCUMENTS
(A) The Lead Agency, after preparing an EIR or other enviroament.-Il document
described in these Guidelines, is responsible for malinl-, such documents available
to the public for inspection. Members of the general public requ#--stinc, coples
C,
of the EIR may be charged for the actual cost of reproduc:ing that copy -
SECTION 11.9 PUBLIC PARTICI PATION
Vlhile the Environmental QL[Ztlity Act of 1970 does not require for# --al public
hearings at any state of the enviroamental revieur procedure, it :Ls a vildely
C,
accepted desirable goal of this process to encourage public partic:ipation-
All public agencies adopting Implementing procedurc-s in re_';v,->onse!- ro, these
Guidelines ShOUld make provisions in their procedures for wide, public- involvz-
ment, formal. and informal, consistent with rh,�-Ir exii;tIng pttbLfe reactions,
adverse and favorable, on environniental issut:-s-
MIN12
64
SECTION It. PCKLiC HEARINGS
(A) A public hearin.., On tfh�-. environ-Meor-al impact of' a 'project shoule
usuall-., be hold ulien the Lead Aaacy doternnines it u-ould. facilitate the
1 0
purposes and --oats of the Cf -.Q;,, and the -se Guidelines to do so- The hearing
may be hold in C0:1jLLOCtion with and as a part of narf-al planning activities.
To as great a dearee as possible, these hearings should include comments frora
reviewing agencies made prusuant to these Guidelines -
(B) Notice shall be made in a newspaper ten (10) days prior to puNlic hearinlgl_
(C) Availability of No.-:1ative Declarations: "iegative Declarations� shall be
on file at the Lead Agency and may be inspected by the public -
(D) Availability of EIRs: EIRs shall be available at the Lead Agency-' The
'0
address of the agency will be posted in the public notice. A f ee to, cover
the cost of reprOdLICtion may be charged for a copy of the EIR.
C> -
(E) Com.ments on Draft El ' R: Public comments on the Draft- MR are encouraged
and may be submitted in writina to the Lead Auency during the specified
period oE review.
(F) Public Hearin -s- An advertised public bearing shall be held prior to
0 0
certification of the Final EIR. IThen possible, this hearing w111 be a
part of the public hearing normally held on the project. (15165)
SECTION 111 RLTEXHON AND AVAILABILITY OF CO.--uIE%TS
Comments receiv,�d througgh the consultation process STtall be L-ept of file for
a reasonable period and available for public inSDeCtion at an address given
in the Final E11R_ Comiments which may be received independently on the revriew-
of the Draft EIP shall also be considered and kept on file. (15166)
0 . . __
SECTION 11.� MLI[ENTS O\ INITIATIVE OF PUBLIC AGENCIES
Every public agency may comment on environmental documents deallng with projects
which affect resources with which the agency has special e_xvertise regardles:p
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of whether its comments were solicited. (15167)
ARTICLE 12 LTTICATION
SECTION 12.1 STATU'fOM' RFF17RE.tXCE
LitigatiOn Under CEQA MILI-st be handled und,�r the time Ii-mits and criteria
describedin SeCCi0;1_-; -11167 et. seq- of the Public Resources� Code- (15201)
SECTION 1?.2 ADEQUAM' 0" AN EIK OR NECATIVE DE.CL-IRATION FOU USE BY
A final MR proparvd by n Lead Agoncy or a Negative Ploz1aration adopted by a
1,cad Agency shal.l. I,,? couclttsiv,.�Iv preskint.,ad. to co,::Plv fth C.E'QA for purposeEz
of use by RL_-sp,)asEb1e Agencios which v,cro consulc,2d Pur_-;uant to Section 5-9
C.
unless One Of HLE' F01101,,�in�- C011ditiOnS 0-17CUrz;:
-544-
(A) A lcoal action or procceding is filed challenging t1he EIR i--rithin
the period provided in Section 21167 (c), or
(B) A subseqUent EIR is made necessary by Section 5.10 oF these Quidelines-
(15202)
SECTION 12.3 CONDITIONAL PEl'U11ITS
(A) If a lawsuit is filed challenging an EIR or Negative Decaratioa for
noncompliance with CEQA, Responsible Agencies shall act as. if the EIR cpf-
Negative Declaration complies with CEQA and continue to process, tbe� application
for the project according to the time limits for Respons1ble Agency action con-
tained in Government Code Section 65952. In this situation, the Responsible
Agency shall have authority only to grant a conditional approval or disapproval
of the project. A conditionaly approval shall constitute pennissi.iorr to proceed
with a project only when the court action results in a final dot ermi nation
that the EIR or Negative Declaration does comply with the prov1sions of CEQA-
(P.R.C. Sec. 21167.3)
(B) This sectiou shall not require a Responsible Agency to process an
application for a project where that Respoasible Agency has; filed a laursuit
C�
challen-ina, the legal adequacy of the environmental dOCUM-ants. prepared by �or for
the Lead Agency. (15203)
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