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4575
RESOLUTION NO. 4575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP REDLANDS AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the California Legislature has amended the California Environmental Quality Act; and WHEREAS, Section 21082 of the California Environmental Quality Act ("CEQA) requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports in connection therewith; and WHEREAS, the City Council of the City of Redlands must revise its local guidelines for implementing CEQA to make them consistent with current provisions of CEQA; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: SECTION ONE: ADOPTION OF LOCAL CEQA GUIDELINES. The City Council of the City of Redlands hereby adopts "Local Guidelines for Implementing the California Environmental Quality Act (1989 Revision,) a copy of which is on file in the Office of the City Clerk and is available for inspection by the public. SECTION TWO: PRIOR ACTIONS REPEALED. All prior actions of the City Council of the, City of Redlands enacting earlier guidelines are hereby repealed. ADOPTED, SIGNED AND APPROVED this 21st day of November, 1989. ATTEST: City er Mayor of the 44--- City of Redlands I, Dorris Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 21st day of November, 1989, by the following vote: AYES. NOES: ABSENT: Councilmembers Wormser, DeMirjyn, Cunningham; Mayor Beswick None Counoilmember Larson Resolution N. 4575 Page two City Clrk _.,„,„,„----„,.....t.yawAnmmaxwormammtegnaleala CITY OP REDLANDS LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (1989 REVISION) 0 BEST, BEST Et KRIEGER 1589 TABLE OF CONTENTS STAFF SUMMARY 1 GENERAL PROVISIONS, PURPOSE AND POL . . . Y........... Page 1.01 Purpose.. 7r a g. • • s . . s t . f a ♦ a . . • e a a e ♦ . . s a . . w . . . 1 1 02 App 1 .. c ab i 1 .6. • . . ♦ . • . 2 1.03 Reducing Delay and Paperwork ........ ...... 3 1.04 Compliance Cmplian e with State Law.................. aw.......... ...... 1.05Terminology... ..........................4 1.06 Partial Invalidity....... . . ♦ . . . ♦ . ♦ . +. . . . . . . • 4 2. LEAD AND RESPONSIBLE AGENCIES. We 2.01 Lead ryA..genc r Principle.... + .. ♦ ........ ...... . 2.02 Selection ofLead Agency. . . . . . . . . . . . . . . . . 5 2.03 Duties of a Lead Agency...—. .4.00.0. 0.4. 6 2.04 Responsible Agency Principle.. 04.0 ......... 7 2.05 Duties of a Responsible Agency... 7 2.06 Response to Notice of Preparation by Responsible Agencies........ .... ..... 7 2.07 Use of Final Eir or Negative Declaration by Responsible Agencies........ 8 2.08 Shift in Lead Agency Responsibilities...... 8 ACTIVITIES EXEMPT FROM EA...... 3.01 Exempt ons in General......... 3.02 Preliminary Exemption Assess ent........... 3.03 Notice of Exemption... ......... ........... 3.04 Not a Project......... ..................... 3.05 Disapproved Projects.... .................... 3.06 No Possibility of Significant Effect....... 3.07 Ministerial Projects.......... ....... 3 08 3.09 3.10 3f11 Emergency Projects............. ........ .. .1 12 12 12 13 Feasibility and Planning Studies........... 13 Rates, Tolls, Fares and Charges.........:... 14 Subsurface Pipelines Within a Public ............. 14 2 Other Specific Exemptions.. ................ 14 3 Categorical Exemptions..... ................ 15 T I ME L I M l l I O .................................23 4.01 Review of Private Project Application...... 23 4 02 Determination of Environmental impact...... 23 4.03 Completion and Adoption of Negative Declaration... 23 4.04 Completion and Certification of Final EIR.................................. 24 4.05 Projects With Short Time Periods for Approval. ..•.•,..•..FiFY•....•..4... 24 4.06 Suspension of Time Periods............... • .. 25 INITIALST"13Y..•......♦... .i...$R.i...... ..•... 27 5.01 Preparation of Initial Study..... . . . . , . •i s :. 27 5.02 informal Agencies.................... l Consultation With Other menc i s . . . • . . . . . . . . . . . . . . . . . . . . . • . 27 5.03 Consultation With Private Project Applicant... ............r .. .......#. . 28 5.04 Purposes of Initial Study... .......... 0 28 5.05 Contents of Initial Study.................. 29 5.06 Use of a Checklist Initial Study.......... 30 5.07 Evaluating Significant Environmental ,�•.f a f. s . . • . • . . . r • • • . • • # f . . . i . . . . . . . . . . . 30 5.08 Mandatory Findings of Significant Effect............ ..................,.. 31 5.09 ndatory Preparation of an EIR for Waste Burning Projects............. 32 5.10 Residential Development Pursuant to an Existing Community Plan and EIf......... 33 5.11 Environmental Impact Assessment.......... 34 5.12 Appeal of EAC Determination. 34 5.13 Final Determination.......,.... .•..._. 34 NEGATIVEDECLARATION............................. 6.01 Declaration Decision to'+yPrepare a Negative De cl a r a t io n . . • . # . . . . . . . . • . . . . . . . . . . . . . 6.02 Notice �g�ofDeclaration....................Preparation of Draft Negative ee 6 i . 6.03 Content of Negative Declaration........#... 6.04 Adoption of Negative Declaration..F.....*.. 6.05 Approval or Disapproval of Project......... 6.06 Notice of Determination...... 6.07 Private Project Costs......... • * * . . . . ENVIRONMENTALIMPACT REPORT....... ............... 7.01 Decision to Prepare an EIR.; 7.02 Notice of Preparation of Draft 7.03 Preparation of Draft EIR............. 7.04 Consultation with Other Agencies and Persons........ 7.05 Early Consultatio Involving Permit Issuance .................. 43 7.06 General Aspects of an EIS.... ................ 43 35 35 36 37 37 38 39 41 on Projects 41 41 42 42 7.07 Use of Registered Professionals in Preparing EIRS*...*.*****..em...*.****** 44 7.08 Incorporation by Reference.. ..... ........ 44 7.09 Standards for Adequacy of an EIR.,,,,,,.,.. 45 7.10 Form and Content of EIR............ 00000004 45 7.11 Notice of Completion of Draft EIR.. ........ 47 7.12 Review of Draft EIR by Other Agencies and Persons................................ 48 7.13 Special Procedures for Draft EIR Involving Application for Subdivision Map........ .... 49 7.14 Time for Review of Draft EIR; Failure to Comment................... .. ... 49 7.15 Public Hearing on Draft EIR............ .... 49 7.16 Response to Comments on Draft EIR...... .... 50 7.17 Preparation and Contents of Final EIR.. .... 51 7.18 Notice and Consultation When New Information is Added to EIR.......... ...... 51 7.19 Certification of Final EIR........... ...... 51 7.20 Consideration of EIR Before Approval or Disapproval of Project............ 40004* 52 7.21 Findings. 000 04* 0 00000**********0 **OW 52 7.22 Special Findings Required for Facilities Which may Emit Hazardous Air Emissions Near Schools............................. .. 53 7.23 Reporting or Monitoring Program............ 54 7.24 Statement of Overriding Considerations...., 55 7.25 Notice of Determination-- ....... 04040*. 55 7.26 Disposition of a Final EIR... ... ..... 404040 56 7 27 Private Project Costs........ 4**..... 0000 . 56 7.28 Analysis of Future Expansion,....,........, 57 8. TYPES OF EIRS....... 59 8.01 Project EIR... 40********************* 000000 59 8.02 Subsequent EIR.... ... ..... .......... 0 .0 0 0 59 8.03 Supplement to an EIR... ......... 000 0 0040*. . 60 8.04 Addendum to an EIR......4004.000000000..., 61 8.05 Tiered EIR.... ....... ... ............. ...... 61 8.06 Staged EIR....* 0 0 0 • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 0 0 0 0 62 8.07 Program EIR... *****00000******************* 63 8.08 Use of a Program EIR With Subsequent EIRs and Negative Declarations....... 000000 63 8.09 Use of an EIR from an Earlier Project ..... 64 9. DEFINITIONS.... .-........ ............. 4440** 65 9.01 "Applicant".......... ..... ............ 0 0 it 0 0 65 9.02 "Approval's . . , . . - . . . - . . . ... 000000000 0000 0 65 9.03 "CEQA"............... 0 it 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 65 9.04 "Categorical Exemption' 66 9.05 "City" ............ ..... . 000440 6 0 0004 66 10. 9.06 9.07 9.08 9.09 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 "Cumulative • "Discretionary Project.................... "Draft EIR".............. * 0 * • * 0 * * • * * "mergency"......... ...................... "Environment". ................ "EIR"...................................... "Environmental Review Committee (ERC)". "Feasible"................... ***6666666666 "Final EIR".................. ............. "Initial Study"............................ "Jurisdiction by Law"... 60**************** "Lead AgeneY"66**640664660666 66606666666406 "Mitigated Negative Declaration......... "Mitigation"............................... "Negative Declaration"..................... "Notice of Completion".. ................... "Notice of Determination".................. "Notice of Exemption"...................... "Notice of Preparation". ..... 6 Ar AA 6 46 eW * "Person".................................. "Private Project"... ........ • • * • At 6 At 6 6. Al 6 Mr "Project"........................... 66606*. "Responsible Agency"................... "Significant Effect". 4****66406000060. "Staff".................................... "State Guidelines"......................... "Substantial Evidence..... 66666666066600 *4 "Tiering"************ ...................... "Trustee Agency"........................... "Zoning Approval". ................ FORMS.... 606 6 • 6 AI ▪ AA 6 AA • 6 if 6 6 AA 6 • 6 6 W 6 6 6 6 6 IA AA 66 66 66 66 67 67 67 67 67 68 68 68 68 68 69 69 69 69 69 70 70 70 71 71 71 71 71 71 72 72 73 Preliminary Exemption Assessment 00666646406 ***6 ..Form A Notice of Exemption........................ .... ..Form B Environmental Impact Assessment..................Form C Notice of Preparation of Draft Negative Declaration... .. ........... .. ....Form D Negative Declaration.... ........ ........... .... ..Form E Notice of Determination.. ..... .. ............... ..Form F Notice of Preparation... . . . . . ... ... . ....Form G Notice of Completion.... .. 66600600 6600. ....Form H Environmental Information Form.. ........ ... ......Form I Environmental Checklist Form.... ........... 4 . ....Form J CE ARM STAFF SUMMARY OF THE CEQA EVALUATION PROCESS Excerpted from these Local Guidelines for Implementing the Environmental Quality Act GUIDELINES SECTION ACTION REFERENCE (A) Staff determines whether the City is 2.01, 2.02, 2.04, Lead or Responsible Agency for the 2.08 proposed activity. (1) As a Lead Agency, the City 2.03 shall decide whether a Negative Declaration or an EIR will be required and shall prepare and consider the document before making its decision on whether and how to approve. (2) As a Responsible Agency, the 2.05, 2.06, 2 07 City shall provide data as requested by the Lead Agency, consider the documents prepared by the Lead Agency and reach its own conclusion on whether and how to approve. (B) Staff examines proposed activity 3.01 ("project") to determine whether it is exempt. (1) If exempt, Staff completes and 3.02, 3.03 files internally a Preliminary Exemption Assessment (Form "A"). A Notice of Exemption (Form "B") may be filed with the Clerk of the Board of Supervisors ("Clerk of the Board") following City approval of project. (Attach Form "A", too.) The project can be exempt for any of the following reasons. (a) The activity does not come within the legal defini- tion of "project." -v- 3.04 (b) It is a disapproved pro- 3.05 ject. (c) It can be seen with cer- 3.06 tainty that there is no possibility that the acti- vity may have a signifi- cant effect on the environment. (d) It is only ministerial. 3.07 (e) It is covered by one of 3.08, 3.09, 3.10, the exemptions in the CEQA 3.11, 3.12 statute. (fj It is covered by one of 3.13 the categorical exemptions in the State Guidelines. (2) If not exempt, Staff proceeds with its own environmental evaluation. (C) Staff Preparation of an Initial 5.01 Study. (1) All Responsible and any Trustee 5.02 Agencies must be consulted in the preparation of the Initial Study. (2) Based on results of Initial 5.11 Study, the Staff prepares Environmental Impact Assessment (Form "C") for the ERC. (a) If the ERC concludes that 5.11 the project will not have (See also 5.07, 5.08.) a significant effect on the environment, then it must recommend that a Negative Declaration be prepared. —V1— (b) If the ERC concludes that 5.11 significant effects iden- (See also .03 5.07, tified in the Initial 5.08.) Study have been avoided or mitigated to a point where clearly no significant effects would occur by revisions in the project plans or proposals made by or agreed to by the appli- cant, then it must recom- mend that a Negative Declaration be prepared. (c) If the ERC concludes that 5.11 the project could or may (See also .07, 5.08.) have a significant effect on the environment, it must recommend that an Environmental Impact Report be prepared. (D) Staff Preparation of a Negative 6.01 Declaration. 1) If the ERC recommends prepara- 6.02 tion of a Negative Declaration (Form "E") , Staff must prepare a Draft Negative Declaration (unsigned but otherwise fully completed including a statement of supporting reasons) and fill out a Notice of Preparation of a Draft Negative Declaration (Form "D"). (2) Staff must then post a copy of 6.02 the Notice of Preparation, the Draft Negative Declaration and Initial Study at the City office. -vil- (3) Ten days before the final 6.02 adoption of the Negative Declaration, Staff must give Notice of Preparation of a Draft Negative Declaration (Form "D") by mail to all individuals and organizations who have previously requested such notice and by any two of the following: (a) publishing once in the newspaper; or (b) posting on and off site where project is to be located; or (c) mailing to contiguous owners (4) At the time noticed for the 6.04 Planning Commission or City Council meeting on the Draft Negative Declaration, the ERC recommendation shall be consi- dered. Written comments, if any, from the public and Responsible Agencies are consi- dered. If the Planning Commission or City Council determines that the project will not have a significant effect on the environment, it adopts the Negative Declara- tion. (If the Planning Commis- sion or City Council finds that the project may have a signifi- cant effect on the environment, it must order the preparation of an EIR.) MOT/ON: Move that this Planning Commission/City Council finds that the project will not have a significant effect on the environment and that the Negative Declaration as proposed by Staff and recommended by the ERC be adopted. (6) The Planning Commission or City Council can act upon the pro- ject after reviewing, consider- ing, and adopting the Draft Negative Declaration. MOTION: Move approval of the project, and direct Staff to file and post a Notice of Determination in accor- dance with the City's Guidelines. 6.05 (7) Staff files the Notice of 6.06 Determination (Form "F ) with the Clerk of the Board (and also with the Office of Planning and Research if the project requires State approval) within five working days of approval. (8) Staff simultaneously and con- 6. 06 spicuously posts Notice of Determination at City Hall. (9) The 30-day statute of lima.ta- 6.06 tions begins to run only after the Notice of Determination has been filed with the Clerk of the Board (and with the Office of Planning and Research if approval by any State agency is involved). (E) Staff Preparation of an EIR. 7.01 ( If an Environmental Impact 7.02 Report ("EIR") is required, the City as Lead Agency shall send a Notice of Preparation (Form "G") to all Responsible and any Trustee Agencies. Responsible and Trustee agencies must respond within 30 days. (2) Staff shall commence prepare- 7.03, 7.04, 7.05 tion of a Draft EIR (you may begin work on it immediately without awaiting responses to the Notice of Preparation). Early consultation ("scoping") is advisable during the draft- ing of the EIR with all Responsible Agencies, Trustee Agencies and interested indivi- duals and organizations of which you are reasonably aware (3) Upon completion of the Draft 7.12, 7.13, 7.14 EIR, Staff shall file a Notice of Completion (Form "H") and give the required public notice inviting comment upon the Draft EIR. This begins the comment period, normally 30 - 45 days. (4) The Planning Commission or City 7.15 Council as appropriate conducts a public hearing on the Draft EIR no sooner than 14 days after filing of the Notice of Completion but before the expi- ration of the comment period. (5) Comments on the Draft EIR are 7.16, 7.17 evaluated by Staff and a Final EIR is prepared (6) If significant new information 7.18 is added to the EIR, notice and consultation must be repeated. 'et -x- (7) The ERC considers the Final EIR and makes a recommendation to the Planning Commission or City Council as appropriate regard- ing whether the Final EIR is in order and whether it has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines, The Final EIR and the recommenda- tion is presented to the City Council which shall certify that the Final EIR is in order and has been completed in com- pliance with CEQA, the State Guidelines, and the City's Guidelines, or refer it back to Staff for further work. MOTION: Move that this City Council finds that the Final EIR on the project is adequate, and certifies that the Final EIR has been completed in compli- ance with the California Environmental Quality Act, the State Guidelines, and the City's Guidelines, and that we have reviewed and considered the information contained therein. (8) The Planning Commission or City Council as appropriate must review and consider the infor- mation in the EIR before consi- dering and approving the project. 7.19 7.20 (9) Before the Planning Commission or City Council approves a project, findings must be made as to whether each significant effect identified in the EIR will be mitigated and why alternatives which could reduce environmental Impacts were rejected. (10) Before the Planning Commission or City Council approves a project which allows signifi- cant effects to occur without mitigation to a level of insignificance, it must make written findings setting forth the overriding considerations which led the Planning Commis- sion or City Council as appli- cable to forego full mitiga- tion. MOTION: Move approval of the project for the following reasons: [State in writing reasons to support approval] and further find that: [Incorporate one or more findings of overriding considera- tions.] (11) If the project is approved, the Planning Commission or City Council directs Staff to pre- pare a Notice of Determination (Form "F"). 7.21 7.22 7.23 MOTION. Move approval of the project and instruct Staff to prepare and file a Notice of Determination thereon pursuant to the City's Guidelines. (12) Staff files Notice of Determi- nation with the Clerk of the Board (and with the Office of Planning and Research if the project requires State appro- val) within five working days of approval. The Statement of Overriding Considerations, if any, must be set forth in Notice of Determination. (13) Staff simultaneously and con- spicuously posts Notice of Determination at City's Hall. 7.23 7.23 (14) The 30-day statute of limita- 7.23 tion begins to run only after the Notice of Determination has been filed with the Clerk of the Board (and with the Office of Planning and Research if approval by any State agency is involved). LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (1989 REVISION) . GENERAL PROVISIONS/ PURPOSE AND POLICY Purpose. The purpose of these Local Guidelines ("Guidelines") is to assist the City in implementing the provisions of the California Environmental Quality Act ("CEQA"). These guidelines are consistent with the Guidelines for the Implementation of CEQA (State CEQA Guidelines) which must be followed by state and local agencies in California. These Guidelines have been adopted pursuant to California Public Resources Code Section 21082 to help the City accomplish the basic objectives of CEQA. (a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian (b) To provide information to governmental decision - makers and the public about the potential signifi- cant environmental effects of proposed activities. (c) To identify ways that environmental damage can be avoided or significantly reduced. (d) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures. (e) To disclose and demonstrate to the public the rea- sons why a governmental Agency approved the project in the manner chosen. 1.02 Applicability. These Guidelines apply to any acti- vity of the City which constitutes a "project" as that term is defined in section 9.26. An environmental im- pact report ("EIR") is required for each such project which may have a significant effect on the environ- ment. When the City finds that a project will have no significant environmental effect, a Negative Declaration rather than an EIR will be prepared. An EIR serves several functions for the bene- fit of the City and the public. An EIR (1) identifies and analyzes the significant environmental effects of a proposed project, (2) identifies alternatives to the project, and (3) discloses possible ways to reduce or avoid potential environmental damage. These matters are to be evaluated by the City before the project is approved or disapproved. The EIR is an informational document. It should not be used to rationalize approval of a project. Neither do indications of adverse impact in the report necessitate disapproval of a project. Rather, when an EIR shows that a project would cause substantial adverse changes in the environment, the City must respond to the information by one or more of the following methods: (a) Changing the proposed project. (b) Imposing conditions on the approval of the project. (c) Adopting plans or ordinances to control a broader class of activities to avoid the problems. (d) Choosing an alternative way of meeting the same need. (e) Disapproving the project. (f) Finding that the unavoidable, significant environ- mental damage is acceptable pursuant to a Statement of Overriding Considerations. -2- Although CEQA requires that major considera- tion be given to preventing environmental damage, the City also has an obligation to balance other public objectives, for each project, including economic and social factors. 1.03 Reducing Delay and Paperwork. The State Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things: (a) Integrating the CEQA process into early planning; (b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing; (c) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs; (d) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment; (e) Consulting with state and local responsible agen- cies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; (g) Integrating CEQA requirements with other environ- mental review and consultation requirements; (h) Emphasizing consultation before an EIR is prepared, rather than submitting adversary comments on a completed document; (1) Combining environmental documents with other docu- ments such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as set- ting appropriate page limits; (1) Preparing analytic rather than encyclopedic EIRs mentioning only briefly issues other than signifi- cant ones in EIRs; (m) Writing EIRs in plain language; (n) Following a clear format for EIRs; (o) Emphasizing the portions of the EIR that are useful to decision -makers and the public and reducing emphasis on background material; (p) Using incorporation by reference; and (q) Making comments on EIRs as specific as possible. 1.04 Compliance With State Law. These Guidelines are intended to implement the provisions of CEQA and the State Guidelines, and the provisions of CEQA and the State Guidelines shall be fully complied with even though they may not be set forth or referred to herein. 1.05 Terminology. The terms "must" or "shall" identify mandatory requirements. The term "may" is permissive, with the particular decision being left to the discre- tion of the City. The term "should" identifies the guidance of the Office of Planning and Research, which the City can follow in the absence of countervailing considerations. 1.06 Partial Invalidity. In the event any part or pro- vision of these Guidelines shall be determined to be invalid, the remaining portions which can be separated from the invalid unenforceable provisions shall continue in full force and effect. -4- D D R.ESPoNTS I LE AGENCIES 2.01 Lead Agency Principle. The City will be the Lead Agency if itwill have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, one agency shall be responsible for the prepara- tion of environmental documents. This agency shall be called the Lead Agency. 2.02 Selection of Lead Agency. Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria: (a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even the project would be located within the jur.s diction of another public agency. (b) If the project will be carried out by a nongovern- mental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with the general governmental powers, rather than an agency with a single or limited purpose. (For example, a district which will provide a public service or utility to the project serves a limited purpose.) If two or more agencies equally meet this criteria, the agency which will act first on the project will be the lead agency. (c) If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designated one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If an agreement cannot be reached, the dispute may be submitted to the Office of Planning and Research by any public agency, or the applicant if a private project is involved. Duties of a Lead Agency. As a Lead Agency, the City shall decide whether a Negative Declaration or an EIR will be required for a project and shall prepare and consider the document before making its decision on whether and how to approve the project. During the process of preparing an EIR, the City shall have the following duties: (a) Immediately after deciding that an EIR is required for a project, the City shall send to each Responsible Agency a Notice of Preparation (Form UGH) stating that an EIR will be prepared. (See 7.02.) (b) The City shall prepare the Draft E R for the pro- ject. (See 7.03.) (c) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form "H") with the Office of Planning and Research. (See 7.11.) (d) The City shall consult with state, federal and local agencies which exercise authority over resources which may be affected by the project for their comments on the completed Draft EIR. (See 7.12.) (e) The City shall provide public notice of the avail- ability of a Draft EIR at the same time that it sends a Notice of Completion to the Office of Planning and Research. (See 7 11.) (f) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare a written response. (See 7.16.) (g) The City shall prepare a Final EIR before approving the project. (See 7.17.) (h) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council. (See 7.19.) The City shall include in the EIR the Responsible Agency(ies) reply(ies) to the Notice of Preparation. (See 2.06.) 2.04 Responsible Agency Principle. Where a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency which have discretionary approval power over the project shall be called Responsible Agencies. 2.05 Duties of a Responsible Agency. As a Responsible Agency, the City shall consider the environmental docu- ments prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also respond to consultation by the Lead Agency and shall attend meetings as reques- ted by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs and Nega- tive Declarations. Comments shall be limited to those project activities which are within the City's area of expertise or are required to be carried out or approved by the City or are subject to the City's powers. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such informa- tion as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. 2.06 Response to Notice of Preparation by Responsible Agencies. Within thirty days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible ( ) -7- Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City's area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation which the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writ- ing, be as specific as possible, and shall be communi cated to the Lead Agency, by certified mail or any other method of transmittal which provides it with a record that the notice was received, not later than 30 days after receipt of the notice of the Lead Agency's deter- mination. The Lead Agency shall include this informa- tion in the EIR. 2.07 Use of Final EIR or Negative Declaration by Respon- sible Agencies. The City, as a Responsible Agency, shall consider the Lead Agency's Final EIR or Negative Declaration before acting upon or approving a proposed project. The City shall consider the adequacy of the prior environmental documents for its purposes and in certain instances may require that a subsequent EIR or a supplemental EIR be prepared. Mitigation measures and alternatives deemed feasible and relevant to the City's role in carrying out the project shall be adopted. Findings which are relevant to the City's responsibility shall be made. A Notice of Determination shall be filed, but need not state that the Lead Agency's EIR or Negative Declaration complies with CEQA. 2.08 Shift in Lead Agency Responsibilities. The Cityf as a Responsible Agency, shall assume the role of the Lead Agency if: -8- (a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limi- tations has expired for a challenge to the action of the appropriate Lead Agency. (b) The Lead Agency prepared environmental documents for the project, and all of the following condi- tions occur: (1) A subsequent or supplemental EIR is required; (2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations for challenging the Lead Agency's action under CEQA has expired. (c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Prepara- tion of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the Lead Agency. ACTIVITIES EXEMPT FROFROM CEQA 3.01 Exemptions General. CEQA and the State Guide- lines exempt certain activities and provide that local agencies shall further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR or a Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State Guidelines and this Chapter. 3.02 Preliminary Exemption Assessment. f in the judg ment of Staff a proposed activity is exempt, Staff should so find on the form entitled "Preliminary Exemp- tion Assessment" (Form "A') , unless such activity is otherwise declared by the ERC not to require written assessment. The Preliminary Exemption Assessment shall be retained at City Hall as a public record. 3.03 Notice of Exemption. After City approval of an exempt project, a "Notice of Exemption" (Form "B") may be filed by Staff with the Clerk of the Board of Supervisors ("Clerk of the Board"). The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. The filing of a Notice of Exemption is recommended because it starts a thirty-five (35) day statute of limitations on legal challenges to the City's determina- tion that the project is exempt from CEQA. If a Notice of Exemption is not filed, a one hundred eighty (180) day statute of limitations will apply. 04 Not a Project. CEQA applies to discretionary pro- jects proposed to be carried out or approved by public agencies. If the proposed activity does not come within the definition of "project" contained in section 9.26, it is exempt. "Project" does not include. (a) Anything specifically exempted by Mate law. (b) Proposals for legislation to be enacted by the State Legislation. (c) Continuing administrative or maintenance activi- ties, such as purchases for supplies, personnel - related actions, emergency repairs to public ser- vice facilities, general policy and procedure making (except as provided in section 9.26), feasi- bility or planning studies. (d) The submittal of proposals to a vote of the people of the State or of a particular community. (e) The closing of a public school and transfer of students to other facilities where the resulting physical changes are categorically exempt. 3.05 Disapproved Projects. Projects which the City rejects or disapproves are exempt. An applicant shall not be relieved of paying the costs for an EIR or Nega- tive Declaration prepared for a project prior to the City's disapproval of the project. 3.06 No Possibility of Significant Effect. Where it can be seen with absolute certainty that there is no possi- bility that the activity in question may have a signi- ficant effect on the environment, the activity is exempt. 3.07 Ministerial Projects. A ministerial project, which is one undertaken or approved by the City upon a given state of facts, in a prescribed manner, and in obedience to statute, ordinance, regulation, or other legal man- date, is exempt. A ministerial project is one in which the City officer or employee has no power to exercise personal judgment or opinion as to the way the project or any phase of it is to be carried out. The decision as to whether or not a proposed project is ministerial in nature may involve or require, to some extent, inter- pretation of the language of the legal mandate, and -AA -12- should be made on a case -by -case basis. However, m rii. - terial projects are hereby determined to include, but not be limited to: (a) Issuance of business licenses, (b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual ut. ty service connections and disconnections; (d) Issuance of licenses; (e) Issuance of a permit to do street work; (f) Issuance of building permits where the City does not retain significant discretionary power to modi- fy or shape the project in a way which could respond to concerns which might be identified in an ER. Where a project involves an approval that contains elements of both a ministerial action and a dscre- tionary action, the project will be deemed to be discre- tionary and will be subject to the requirements of CEQA. 3.08 Emergency Projects. The fo►llowing types of emer- gency projects are exempt (The term.. "emergency" is defined in section 9.09 ) (a) Work in a disaster -stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects necessary to prevent or mitigate an ewer- gency• 3.09 Feasibility and Planning Studies. A project which involves only feasibility or planning studies for possi- ble future actions which the City has not yet approved, adopted or funded is exempt. 3.10 Rates, Tolls, Fares and Charges. The establish- ment, modification, structuring, restructuring or appro- val of rates, tolls, fares or other charges by the City which the City finds are for one or more of the purposes listed below are exempt. (a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasinq or leasing supplies, equipment or mate- rials; (c) Meeting financial reserve needs and requirements; (d) Obtaining funds for capital projects necessary to maintain service within existing service areas. When the City determines that one of the aforemen- tioned activities pertaining to rates, rolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate written findings in the record of any proceeding in which such an exemption is claimed setting forth with specificity the basis for the claim of exemp- tion. 3.11 Subsurface Pipelines Within a Public Right -of - way. A project to install, maintain, repair, restore, recondition, relocate, replace, remove or demolish an existing subsurface pipeline is exempt where the project is less than one mile in length and located within a public street, highway or any other public right-of-way. 3.12 Other Specific Exemptions. CEQA and the State Guidelines exempt many other specific activities inclu- ding early activities related to thermal power plants, ongoing projects, transportation improvement programs, railroad grade separation projects, and restriping of streets or highways to relieve traffic congestion. Specific exemptions are collected in Public Resources Code Sections 21080 through 21080 21 and in the State Guidelines Sections 15260 through 15277. -14- a 3.13 Categorical Exemptions. The State Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been legislatively determined not to have a significant effect on the environment and which, therefore, are exempt. Compliance with the requirements of CEQA or the preparation of environmental documents for any project which comes within one of these classes of categorical exemptions is not required. The classes of projects are briefly summarized below. (Reference to the State Guidelines for the full description of each exemption is recommended.) The exemptions of Classes 3, 4, 5, 6 and 11 below are qualified in that such projects must be considered in light of the location of the project. A project that is ordinarily insignificant in its impact on the envi- ronment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances except where the project may impact on an environmental resource of hazardous or critical concern which is designated, precisely mapped, and officially adopted pursuant to law by federal, state or local agencies. It is important to note that all exemptions for these classes are qualified to the extent that they are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant (for example, repeated additions to an exis- ting building under Class 1) or when there is a reason- able possibility that the activity will have a signifi- cant effect on the environment due to unusual circum- stances. Finally, the inclusion of activities which may be ministerial in this section shall not be construed as a finding by the City that such activity is discretionary. With the foregoing limitations ing classes of activity are exempt: Class 1 Existing Facilities. The operation, repair, maintenance or in mind, the follow - minor tion of existing public or private structures, ties, equipment or other property of activity involves negligible or no beyond that previously existing. Section 15301.) Class 2 Replacement or Reconstruction. Replacement or reconstruction of existing facili- ties, structures, or other property where the new faci- lity or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State Guidelines Section 15302.) Class 3 New Construction or Conversion of Small Structures. Construction of limited numbers of small, new faci- lities or structures and installation of small, new equipment or facilities in small structures, and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (The maximum number of structures allowable under this exemption is set forth in State Guidelines Section 1503.) Class 4 Minor Alterations to Land. Minor alterations in the condition of land, water, and/or vegetation which do not involve removal of mature or scenic trees. (State Guidelines Section 15304.) altera- facili- -16- every kind, which expansion of use (State Guidelines Class 5 Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20% slope which do not result in any changes in land use or density. (State Guidelines Section 15305.) Class 6 Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an envi- ronmental resource. (State Guidelines Section 15306.) Class 7 Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by State law or local ordinance to assure the mainte- nance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State Guidelines Sec- tion 15307.) Class 8 Actions By Regulatory Agencies for Protection of the Environment. Actions taken by regulatory agencies, as authorized by State or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environ- ment where the regulatory process involves procedures for protection of the environment. Class 9 Inspection. Inspection activities, including but not limited to inquiries into the performance of an operation and examinations of the quality, health, or safety of a project. (State Guidelines Section 15309.) Class 10 Loans. Loans made by the Department of Veteran Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where -17- the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 11 Accessory Structures. Construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on -premise signs, small parking lots, and placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. (State Guidelines Section 15311.) Class 12 Surplus Government Property Sales. Sales of surplus government property, except for certain parcels of land located in an area of statewide, regional or area -wide concern. (State Guidelines Sec- tion 15312.) Class 13 Acquisition of Lands for wxldlife Conservation Purposes. Acquisition of lands for fish and wildlife conser- vation purposes, including habitat preservation, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. (State Guidelines Section 15313.) Class 14 Minor Additions to Schools. Minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 251 or ten class- rooms, whichever is less. The addition of portable classrooms is included in this exemption. (State Guide- lines Section 15314.) 11. 11 1 t.4 -18- Class 15 Minor Land Divisions. Divisions of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an aver- age slope greater than 20 percent. (State Guidelines Section 15315.) Class 16 Transfer of ownership of Land in Order to Create Parks. Acquisition or sale of land in order to establish a park where the land is in a natural condition or con- tains historic sites or archaeological sites. (CEQA will apply when a management plan is proposed that will change the area from its natural condition or signifi- cantly change the historic or archaeological site.) (State Guidelines Section 15316.) Class 17 Open Space Contracts or Easements. Establishment of agricultural preserves, making and reviewing of open space contracts under the Williamson Act, or acceptance of easements or fee interests in order to maintain the open space character of the area. (The cancellation of such preserves, contracts, interests, or easements is not included in this exemp- tion.) (State Guidelines Section 15317.) Class 18 Designation of Wilderness Areas. Designation of wilderness areas under the California Wilderness System. (State Guidelines Section 15318.) Class 19 Annexations of Existing Facilities and Lots for Exempt Facilities. (a) Annexations to a city or special City of areas containing existing public or private structures deve- loped to the density allowed by the current zoning or pre -zoning of either the gaining or losing governmental Agency, whichever is more restrictive; provided, how- ever, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Class 3. (State Guidelines Section 15319.) Class 20 Changes in Organization of Local Agencies. Changes in the organization of local governmental agencies where the changes do not change the geographi- cal area in which previously existing powers are exer- cised. (State Guidelines Section 15320.) Class 21 Enforcement Actions by Regulatory Agencies. Actions by the City to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by the City or a law, general rule, standard, or objective, administered or adopted by the City. (Construction activities under- taken by the City taking the enforcement or revocation action are not included in this exemption.) (State Guidelines Section 15321.) Class 22 Educational or Training Programs Involving No Physical Changes. The adoption, alteration, or termination of educa- tional or training programs which involve no physical alteration in the area affected or which involve physi- cal changes only in the interior of existing school or training structures. (State Guidelines Section 15322.) L -20- DP Class 23 Normal Operations of Facilities for Public Gatherings. Continued or repeated normal operations of existing facilities for public gatherings for which the facili- ties were designed, where there is past history, of at least three years, of the facility being used for the same or similar purposes. Facilities included within this exemption Include, but are not limited to race- tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amuse- ment parks. (State Guidelines Section 15323.) Class 24 Regulation of Working Conditions. Actions taken by the City to regulate employee wages, hours of work or working conditions where there will be no demonstrable physical changes outside the place of work. (State Guidelines Section 15324.) Class 25 Transfers of Ownership of Interest in Land to Preserve Open Space. Transfers of ownership of interest in land in order to preserve open space. Examples include, but are not limited to acquisition of areas to preserve existing natural conditions, to allow continued agricultural use of the areas, to allow restoration of natural condi- tions, or to prevent encroachment of development into floodplains (State Guidelines Section 15325.) Class 26 Acquisition of Housing for Housing Assistance Programs Actions by a redevelopment Agency, housing authori- ty, or other public Agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. (State Guidelines Section 15326.) Class 27 Leasing New Facilities. Leasing of a newly constructed or previously unoc- cupied privately owned facility by a local or state Agency where the City determines, based on specific criteria, that the building is exempt. (State Guidelines Section 15327.) Class 28 Small Hydroelectric Projects as Existing Facilities. Installation of certain small hydroelectric gener- ating facilities in connection with existing dams, canals, and pipelines. (State Guidelines Section 15328.) Class 29 Cogeneration Projects at Existing Facilities. Installation of cogeneration equipment with a capa- city of 50 megawatts or less at existing facilities meeting certain conditions. (State Guidelines Section 15329.) 4. TIME LIMITATIONS 4.01 Review of Private Project Applicatons. Staff shall determine whether the application for a private project is complete within 30 days of receipt of the application No application may be deemed incomplete for lack of a waiver of the time limitations in sections 4.03 and 4.04. 4.02 Determination of Environmental. Impact. Except as provided in section 4.05, Staff's initial determination as to whether a Negative Declaration or an EIR should be prepared shall be made within 30 days from the date on which an application for a project is accepted as com- plete by the City. This period may be extended 15 days with consent of the applicant. 4.03 Completion and Adoption of Negative Declaration. For private projects, the Negative Declaration shall be completed and a recommendation made by the ERC no later than 105 days from the date on which an application requesting approval of a project is accepted as com- plete. Completion of a Negative Declaration within the 105-day period shall include completion of the Initial Study, public review and the preparation of a documents ready for approval by the Planning Commission or City Council. Completion within the 105-day period does not include the approval of the Negative Declaration by the Planning Commission or City Council. In the event that compelling circumstances justify additional time and the project applicant consents thereto, Staff may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration. 4.04 Completion and Certification of Final EIR. For private projects, the Final EIR shall be completed and certified by the City Council no later than one year from the date on which an application requesting appro- val of such project is received which contains all data and information which may be required by the City, and which is accepted as complete by the City. In the event that compelling circumstances justify additional time and the project applicant consents thereto, the City Council may provide for a reasonable extension of the time limit for completing and adopting the EIR. 4.05 Projects With Short Time Periods for Approval. A few statutes require agencies to make decisions on per- mits within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the permit statute and CEQA, the City shall deem an application for a project as not received for filing under the permit statute until such time as the environmental documenta- tion required by CEQA has been completed. This section will apply where all of the following conditions are met: (a) The enabling legislation for a program, other than the provisions for development projects under Chap- ter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the Lead Agency to take action on an application within a specified period of time that is six (6) months or less, and (b) The enabling legislation provides that the project will become approved by operation of law if the Lead Agency fails to take any action within such specified time period, and 6, -24- (c) The project involves the issuance of a lease, per- mit, license, certificate or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the applica- tion shall be made within one (1) year from the date on which an application requesting approval of such project is accepted as complete for CEQA processing by the City. This one (1) year time limit may be extended once for a period not to exceed ninety (90) days upon consent of the applicant. 4.06 Suspension of Time Periods. An unreasonable delay by an applicant in meeting City requests necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods described in sections 4.03 and 4.04 for the period of the unrea- sonable delay. Alternatively, the City may disapprove a project application where there is unreasonable delay in meeting requests. INITIAL STUD' 5.01 Preparation of Initial Study. Upon determining that an activity constitutes a project which is not exempt and that the City is the Lead Agency, an Initial Study shall be prepared for the purpose of ascertaining whether the effects, if any, of the project may have a substantial adverse effect on the environment, regard- less of whether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. (a) For City projects, the Initial Study shall be pre- pared by Staff or by private experts pursuant to contract with the City. (b) For private projects, the person or entity propo- sing to carry out the project shall submit all data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be borne by the person or entity proposing to carry out the project. 5.02 Informal Consultation With Other Agencies. When more than one public agency will be involved in under- taking or approving a project, the City as Lead Agency shall consult with all Responsible and any Trustee Agencies. Such consultation shall be undertaken as part of the Initial Study process prior to determining whe- ther an SIR or Negative Declaration is required for the project. - y- This early consultation, which may be done quickly and informally, is designed to insure that the EIR. or Negative Declaration will reflect the concerns of all Responsible Agencies whech will sue approvals for the project, all Trustee Agencies responsible for natural resource s affected by the project, and may include con- sultation with other individuals or organizations with an interest in the project. The Office of Planning and Research, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project. If during the early consultation process it is determined that the project will clearly have a signifi cant effect on the environment, the City , -y immediately dispense with the initial Study and determine that an EIR is required. 5.03 Consultation Stith Frigate Fro ect Applicant. During or iuHediately after prep ration of an Initial Study for a private project, the City may consult with the applicant to determine ,if the applicant is willin to modify the project to reduce or avoid the significant effects identified en the Initial Study. When revisions in the project plans or proposals are made by or agreed to by the applicant which would avoid or mitigate effects to a point where clearly no significant effect on the environment would occur and there is no substan- tial evidence before the City that the project, as revised, may have a significant effect on the environ- ment, the City may proceed with adoption of a Negative Declaration. If any significant effect may still occur, despite alterations of the project, an EIR must be pre- pared. 5.04 Purl ses oi` I!lit' I Stud;. The Initial Study shall be used to determine whether a Draft Negative Declare- 2:8 tion or a Draft EIR shall be prepared for a project. It provides written documentation of whether evidence of significant adverse impacts which might occur if the project is implemented was found. The purposes of an Initial Study are to: (a) (b) Identify environmental impacts; Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; (c) Focus an EIR, if one is required, on potentially significant environmental effects; (d) Facilitate environmental assessment early in the design of a project; (e) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environ- ment; (f) Eliminate unnecessary EIRs. 5.05 Contents cf Initial Study. An Initial Study shall contain in brief form: (a) A description of the project, including the loca- tion of the project; (b) An Identification of the environmental setting; (c) An identification of environmental effects by use of a checklist, matrix, other method, (d) A discussion of ways to mitigate any significant effects identified; (e) An examination of whether the pro]ect is compatible with existing zoning and plans; (f) The name of the person or persons who prepared or participated in the Initial Study, (g) A summary of any comments regarding the project received from Responsible Agencies or other per- sons. -29- (h) Identification of prior EIRs or environmental docu- ments which could be used with the project. 5.06 Use of a Checklist Initial Study. When properly completed, the Environmental Information Form (Form "I") and the Environmental Checklist Form (Form "J") will meet the requirements of section 5.05 for private pro- jects. For a City -initiated project, the requirements of section 5.05 will be met by use of the Environmental Checklist Form (Form "J") and a separate attachment containing a description of the project, Including its location and an identification of the environmental setting and summaries of any comments received regarding the project. Without supporting factual data, however, use of these checklist forms may no longer meet legal require- ments. An Initial Study must consist of more than mere conclusions and must disclose the data or evidence upon which the City relied in conducting the study. The City should augment the checklist forms with supporting fact- ual data and reference information sources when comple- ting the forms. Explanation of all "yes" and "maybe" answers should be provided on attached sheets. 5.07 Evaluating Significant Environmental Effects. In evaluating the environmental significance of effects disclosed by the Initial Study, the City shall consider (a) Whether the Initial Study, and any comments received informally during consultations, contains information on which a fair argument can be made that the project may have a significant adverse environmental impact. Even if a fair argument can be made to the contrary, an EIR should be required. (b) Whether both primary (direct) and secondary (indirect) consequences of the project were evalu- ated. Primary consequences are immediately related -30- to to the project, while secondary consequences are related more to the primary consequences than to the project itself. For example, secondary impacts upon the resources base, including land, air, water and energy use of an area, may result from popula- tion growth, a primary impact. (c) Whether adverse social and economic changes will result from a physical change caused by the pro- ect. Adverse economic and social changes resul- ting from a project are not, in themselves, to be treated as significant environmental effects. However, if a physical change causes such adverse changes, those consequences may be used as the basis for finding that the physical change is significant (d) Whether there is serious public controversy or disagreement among experts over the environmental effects of the project. However, controversy or disagreement alone shall not require preparation of an EIR in the absence of substantial evidence of significant effects, Whether the project meets existing standards for air emissions and water discharges of a particular poilutant. If so, it may be presumed that the discharge will not create a significant environmen- tal effect, absent information, to the contrary. 5.08 Mandator Findin s of Si ni icant Effect. Whenever any of the conditions set forth below are found to exist, a finding that a project may have a significant effect on the environment shall be required: (a) The project has the potential to degrade the quali- ty of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- -31- 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 major periods of California history or prehistory. (b) The project has the potential to achieve short-term environmental 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 this subsection, "cumula- tively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects. (d) The environmental effects of a project wil cause substantial adverse effects on human beings, either directly or indirectly. 5.09 mandatory Preparation of an BIB for Waste Burning Projects. The City, as lead agency, shall prepare or cause to be prepared, and certify the completion of, an EIR for the construction of any project which burns municipal waste or refuse -derived fuel, including, but not limited to, tires. This mandatory requirement does not apply to any project which exclusively burns (a) digester gas produced from manure or any other solid or semi -solid animal waste; (b) methane gas produced from a disposal site which is used only for the disposal of solid waste; (c) forest, agricultural, wood, or other biomass waste. However, these later projects are not exempt from the other requirements of CEQA, the State Guidelines, or these Local Guidelines. -32- 5.10 Residential Development Pursuant to an Ex sting Community Plan and EIR. During the Initial Study, Staff should determine whether the proposed project involves residential development consistent with an earlier zoning or community plan to accommodate the particular density of development for which an environmental impact report has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project is approval of a subdivision map or residential development, CEQA applies only insofar as the project raises environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off -site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemen- ted at this stage. Environmental effects shall not be considered pecu- liar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evi- dence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Any re -zoning action consistent with the community plan shall be subject to exemption form CEQA in accordance with this Section. "Community Plan" means part of a city general plan which (1) applies to a defined geographic portion of the total area included in the general plan, (2) complies with Article 5 (commenc- ing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory elements specified in government Code Section 65302, and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that -33- the policies which wz11 apply to each parcel can be determined. 5.11 Environmental Impact.. Assessment Based upon the Initial Study, the ERC shall determine whether a pro posed project may or will not have a significant effect on the environment. Such determination shall be made in writing on the Environmental Impact Assessment form (Form "C") . If the ERC finds that a project will not have a significant effect on the environment, it shall determine that a Negative Declaration be prepared and submitted to the Planning Commission or City Council. If, on the other hand, the ERC finds that a project may have a significant effect on the environment, it shall determine that an EIt be prepared and submitted to the Planning Commission or City Council. However, if the project does not require Planning Commission or City Council approval and the ERC finds that a Negative Declaration willcomply with CEQA, the ERC y approve such Negative Declaration and Staff shall notice and file it pursuant to these Guidelines. 5.12 Appeal of ERC Determination. Any person aggrieved by the written determination of the ERC as to whether a Negative Declaration or an EIR be prepared may appeal that determination to the City Council. Such appeal must be made in writing to the City Clerk within ten (10) days of the ERC"s written determination, 5.13 Final Determ .nation. The City Council or the I lanning Coission shall have the final responsibility for determining whether an EIR or a Negative Declaration shall be required for any project the Council or Coy ,fission approves, The City Council"s or Planning Co fission`s determination shall be final and conclusive on all persons, including Responsible Agencies and Trustee Agencies, except as provided in Section 150 of the State Guidelines. 34- 6. NEGATIVE DECLARATION 6.01 Decision to Prepare a Ne ative Declaration, A Negative Declaration shall be prepared for a project subject to CEQA when either: (a) The Initial Study shows that there is no substan- tial evidence that the project may have a signifi- cant effect on the environment; or (b) The Initial Study identifies potentially signifi- cant effects on the environment, but: (1) The project applicant has agreed to revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur, and (2) There is no substantial evidence before the City that the revised project may have a significant effect. If an applicant proposes mitigation measures, the project plans must be revised to incorporate these miti- gation measures before the proposed Negative Declaration is released for public review. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Negative Declaration (e.g., miti- gation measures to be recommended in a future study) You must know the measures now in order for them to be evaluated and accepted as adequate mitigation. (See requirements for Reporting and Monitoring Program for mitigation measures in Section 7.23.) 6.02 Notice of Preparation of Draft Negative Declara- tion. When the ERC, based upon the Initial Study, recommends to the Planning Commission or City Council the adoption of a Negative Declaration, a Notice of Preparation of Draft Negative Declaration (Form "D") -35- shall be provided to the public, to all Responsible Agencies and to every other public agency with jurisdic- tion by law over resources affected by the project at least ten (10) days before the final adoption of the Negative Declaration by the Planning Commission or City Council. If one or more state agencies will exercise jurisdiction by law, the public review period shall be not less than 30 days. Staff shall cause a copy of the Notice of Prepara- tion, the Draft Negative Declaration and the Initial Study to be posted at the City's offices and made avail- able for public inspection. Notice shall be given by mail to all organizations and individuals who have pre- viously requested such notice and by any two of the following procedures: (a) Publication one time in a newspaper of general circulation in the area affected by the proposed project. (b) Posting of notice on and off site in the area where the project is to be located. (c) Direct mailing to owners of property contiguous to the project, as such owners are shown on the latest equalized assessment roll. 6.03 Content of Negative Declaration. A Negative Decla- ration must be prepared directly by or under contract to the Lead Agency and should generally resemble Form "E". It shall contain the following information: (a) A brief description of the project proposed, inclu- ding any commonly used name for the project, if any. (b) The location of the project and the name of the project proponent. (c) A finding that the project as proposed will not have a significant effect on the environment. -36- (d) An attached copy of the Initial Study documenting reasons to support the finding. (e) Mitigation measures, if any, included in the pro- ject to avoid potentially significant effects. 6.04 Adoption. of Negative Declaration. Following the publication, posting or mailing of the Notice of Prepa- ration of a Draft Negative Declaration, but in no event sooner than ten (10) days following the date of such publication, posting or mailing, the Negative Declara- tion may be presented to the ERC which shall review the Negative Declaration and make a recommendation to the Planning Commission or City Council regarding its adop- tion. If the Planning Commission or City Council finds that the project will not have a significant effect on the environment it may adopt the Negative Declaration. If, on the other hand, the Planning Commission or City Council finds that the proposed project may have a sig- nificant effect on the environment, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR, 6.05 Approval or Disapproval of Project. After adoption of a Negative Declaration, the Planning Commission or City Council may consider the project for purposes of approval or disapproval. Prior to approving the pro- ject, the Planning Commission or City Council shall consider the Negative Declaration together with any written comments received during the public review pro- cess, and shall approve or disapprove the Negative Declaration. In making a finding as to whether there is any substantial evidence that the project will have a significant effect on the environment, the factors listed in section 5.07 should be considered. (See 7.22 for approval requirements for facilities which may emit hazardous air emissions near schools.) -37- 6.06 Notice of Determination. Following consideration and approval of a project for which the City is Lead Agency, the Planning Commission or City Council shall order the preparation and filing, and Staff shall pre- pare and file, a Notice of Determination (Form "Fti) which shall contain the following: (a) An identification of the project including its common name where possible and its location; (b) A brief description of the project; (c) The date on which the City approved the project; (d) The determination of the City that the project will not have a significant effect on the environment; (e) A statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA; and (f) The address where a copy of the Negative Declara tion may be examined. The Notice of Determination shall be filed with the Clerk of the Board of each county in which the project would be located within five working days of project approval. If the project requires a discretionary approval from any State Agency, the Notice of Determination shall also be filed with the Office of Planning and Research. Simultaneously with the filing of the Notice of Determination with the Clerk of the Board, Staff shall cause a copy of the Notice of Determination to be posted at City Hall. The filing and posting of a Notice of Determination with the Clerk of the Board, and if necessary with the Office of Planning and Research, starts a 30-day statute of limitations on court challenges to the approval under CEQA. Failure to file the Notice results in a 180 day statute of limitations. 6.07 Private Project Costs For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in making the Initial Study and in preparing and filing the Negative Declaration and Notice of Determination. 7 IRONMENTAL I ACT REPORT 7.01 Decision to Prepare an EIR. If the ERC finds fol- lowing the Initial Study that a proposed project not otherwise exempt may have a significant effect on the environment, a Draft EIR shall be prepared. An EIR shall be prepared whenever it can be fairly argued on the basis of substantial evidence that a project may have a significant effect on the environment. 7.02 Notice of Preparation of Draft EIR. After the ERC determines that an EIR will be required for a proposed project, the City as Lead Agency shall prepare and send a Notice of Preparation (Form "G") to each Responsible Agency and Trustee Agency involved with the project. Responsible Agencies have 30 days within which to respond to the Notice of Preparation. When one or more state agencies will be a Responsible Agency, the City shall also send a copy of the Notice of Preparation (which also identifies the Responsible Agencies and Trustee Agencies to which the Notice was sent) to the Office of Planning and Research. The City shall send copies of the Notice of Prepar- ation by certified mail or any other method of transmit- tal which provides it with a record that the Notice was received. At a minium the Notice of Preparation shall include: (a) A description of the project; (b) The location of the project indicated either on an attached map (preferably a copy of the URGE 15' or 7 ' topographical map identified by quadrangle name) or by a street address in an urban area, and (c) The probable environmental effects of the project. -41- 7.03 Preparation of Draft EIR. The City as Lead Agency shall prepare a Draft EIR, and may begin work on it immediately without awaiting responses to the Notice of Preparation. However, information communicated to the City not later than 30 days after receipt of the City's Notice of Preparation shall be included in the Draft EIR. The Draft E/R shall be prepared by Staff or by private consultants pursuant to contract with the City. Staff, together with such consultant help as may be required, shall independently evaluate and analyze the Draft EIR to verify its accuracy, objectivity, and completeness prior to presenting it to the Planning Commission or City Council. The Draft EIR made avail- able for public review must reflect the independent judgment of the City. Staff may require such informa- tion and data from the person or entity proposing to carry out the project as it may deem necessary for com- pletion of the Draft EIR. 7.04 Consultation with Other Agencies and Persons. Prior to completion of the Draft EIR, the City shall consult with each Responsible Agency and any public agency which has jurisdiction by law over the project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project including any interested individuals and organizations of which the City is reasonably aware. The purpose of this consulta- tion is to "scope" the EIR's range of analysis. Cal/tans may require the City as Lead Agency to call at least one soaping session before an SIR is pre- pared for projects which may affect highways or facili- ties under the jurisdiction of CalTrans. 11 04 11 -42- For projects where federal involvement might require preparation of an Environmental Impact Statement under the National Environmental Protection Act, the Lead Agency shall consult with the appropriate federal agencies as provided in Section 15110 and Sections 15220-15228 of the State Guidelines. 7.05 Early Consultation on Projects Involving Permit Issuance. Where the project involves issuance of a lease, permit, license, certificate or other entitlement for use by one or more public agencies, the City, upon request of the applicant, shall provide for early con- sultation to identify the range of actions, alterna- tives, mitigation measures, and significant effects to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the appli- cant and persons who have made written requests to be consulted. Such requests must be made not later than 30 days after the City's decision to prepare an EIR. 7 06 General Aspects of an EIR. Both a Draft and Final EIR must contain the information outlined in section 7.10. Each element must be covered, and when elements are not separated into distinct sections, the document must state where in the document each element is covered. The body of the EIR shall include summarized tech- nical data, maps, diagrams and similar relevant informa- tion. Highly technical and specialized analyses and data should be included in appendices. Appendices may be prepared in separate volumes, but must be equally available to the public for examination. All documents used in preparation of the EIR must be referenced. The EIR should discuss environmental effects in proportion to their severity and probability of occur- rence, Effects dismissed in the Initial Study as clear- , -43- ly insignificant and unlikely to occur need not be discussed. The Initial Study should be used to focus the EIR, so that the EIR identifies and discusses only the speci- fic environmental problems or aspects of the project which have been identified as potentially significant or important. A copy of the Initial Study shall be attached to the EIR to provide a basis for limiting the Impacts discussed. The EIR shall contain a statement briefly indica- ting the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR, The City should also note any conclusion by it that a particular impact is too speculative for evaluation. The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects. 7.07 Use of Registered Professionals in Pre arin EIRs. In its intended usage, an EIR is not a technical document that can be prepared only by a registered pro- fessional. However, state statutes may provide that only registered professionals can prepare certain tech- nical studies which will be used in or which will con- trol the detailed design, construction, or operation of the proposed project and which will be prepared in sup- port of an EIR. 7.08 Incorporation by Reference. An EIR may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be con- sidered to be set forth in full as part of the text of the EIR. Where part of another document is incorporated -44- by reference, that document shall be made available to the public for inspection at the City office. The EIR shall state where incorporated documents will be avail- able for inspection. 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 summarized. When information from an EIR that has previously been reviewed through the state review system is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the EIR. 7.09 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 them to make a decision which takes account of environmental consequences. The evaluation of environmental effects need not be exhaustive, but must be within the scope of what is reasonably feasible. A good faith effort at completeness and full disclosure is necessary. There is no need to unreasonably delay adoption of an EIR in order to include results of studies in progress, even if those studies will shed some additional light on sub- jects related to the project. The EIR should be written and presented in such a way that it can be understood by governmental decision - makers and members of the public. 7.10 Form and Content of EIR. The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State Guidelines. Briefly summarizing each of those requirem,ents, an EIR shall contain: -45- (a) A table of contents or an index. (b) A brief summary of the proposed project and its consequences. (c) A description of the proposed project. (d) A description of the projects environmental set- ting, from both a local and regional perspective. (e) A discussion of any inconsistencies between the proposed project and applicable general and regional plans. (f) A description of the direct and indirect signifi- cant environmental impacts of the proposed project explaining which, if any, can be avoided or mitiga- ted to a level of insignificance, indicating rea- sons that various possible significant effects were determined not to be significant and denoting any significant effects which are unavoidable or could not be mitigated to a level of insignificance. If such impacts are to be mitigated, a proposed moni- toring program to assure that such mitigation occurs shall be included in a separate section of the EIR. (g) An analysis of a range of alternatives to the pro- posed project which could feasibly attain the pro- jects objectives. CEQA requires only an analysis of alternatives necessary to permit a reasoned choice; it does not require an extended discussion of alternatives which are of speculative feasibi- lity. An agency is not required to consider each and every alternative, but only those which are feasible. The EIR must contain a discussion of both alternatives and mitigation measures. An EIR must contain a discussion if alternatives and mitigation measures even if the City concludes under (f) that -46- all significant environmental impacts have been mitigated. The EIR must explain why the alterna- tives were rejected in favor of the proposed pro- ject. (h) An examination of the relationship between local short-term uses of man's environment and the main- tenance and enhancement of long-term productivity. (i) A description of any significant irreversible envi- ronmental changes which would be involved in the proposed action should it be implemented. (J) An analysis of the growth -inducing impact of the proposed action. (k) A discussion of any significant cumulative effects of the proposed action. (1) A discussion of any economic or social effects, to the extent that they cause or may be used to deter- mine significant environmental impacts. (m) A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, there- fore, were not discussed in the EIR. (n) The identity of all federal, state or local agen- cies or other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization. 7.11 Notice of Completion of Draft EIR. Upon completion of a Draft EIR, Staff shall file a Notice of Completion (Form "H") with the Office of Planning and Research. The Notice shall contain a brief description of the proposed project, the location of the proposed project, information indicating where copies of the Draft EIR are available for review, and the time period during which comments will be received -47- The City shall provide public notice of the comple- tion of a Draft EIR at the same time it sends a Notice of Completion to the Office of Planning and Research. Notice shall be given to all organizations and indivi- duals who have previously requested such notice. In addition, notice shall be given by at least one of the following procedures: (a) publication one time in a newspaper of general circulation in the area affected by the proposed project. (b) Posting of notice on and off the site in the area where the project is to be located. (c) Direct mailing to owners of property contiguous to the project, as identified on the latest equalized assessment roll. Copies of the Draft EIR also shall be made avail- able at the City office for acquisition by members of the general public. Any person obtaining a copy of the Draft EIR shall reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should be furnished to appropriate public library systems. Where the Draft EIR will be reviewed through the State review process handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the Notice of Completion, and no Notice of Completion need be sent to the Office of Planning and Research. 7.12 Review of Draft EIR by Other Agencies and Per- sons. Upon the filing and posting of a Notice of Com- pletion, Staff shall consult with and obtain comments from each Responsible Agency, Trustee Agency, any other public agency having jurisdiction by law over resources which may be affected by the project. Those public agencies having jurisdiction by law over the project shall be determined on a case -by -case basis. -48- Staff may also consult with and obtain comments from any person known to have special expertise with respect to any environmental impact involved whose com- ments relative to the Draft EIR would be desirable. 7.13 special Procedures for Draft EIR Involving Applica- tion for Subdivision Map. If the project for which a Draft EIR has been prepared involves an application for approval of a subdivision map, the Planning Commission shall review and provide comment to Staff on the Draft EIR prior to the City Council's hearing on the Draft EIR, if any, in order to expedite the environmental review process. The Planning Commission shall not con- sider a subdivision map until the Final EIR has been certified by the City Council and submitted to the Plan- ning Commission for consideration in its decision -making process concerning whether to recommend approval or disapproval of the map. 7.14 Time for Review of Draft EIR; Failure to Comment. Unless the EC establishes a different period of time based upon the size and scope of a particular project, a period of thirty (30) days from the Notice of Completion of the Draft EIR shall be allowed for review and comment of the Draft EIR. If a state agency is a Responsible Agency, forty-five (45) days shall be allowed unless the State Clearinghouse approves a shorter period. In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed, absent a written request for a specific exten- sion of time for review and comment, together with the reasons therefor, that such agency, group, or person has no comment to make. Continued planning activities concerning the pro- posed project, short of formal approval thereof, may -49- continue during the period set aside for review and comment on the Draft EIR, 7.15 Public Hearing on Draft EIR- A public hearing on the Draft EIR documents may be held by the Planning Commission or City Council either in separate proceed- ings or in conjunction with other proceedings of the City. The procedures for the manner of conducting the public hearings shall be described at the time the hear- ing convenes. The Draft EIR should be used as the outline for discussion at the public hearing. If a public hearing is held, it shall be conducted at least fourteen (14) days subsequent to the filing of the Notice of Comple- tion, but in no event after the time set for expiration of the comment period. Public notice of the time and place of the hearing shall be posted in a conspicuous location at City Hall and published in a newspaper of general circulation within the City at least fourteen (14) days in advance of the hearing. The notice also shall indicate the locations at which the Draft EIR is available for review. 7.16 Response to Comments on Draft EIR. The response of the City to comments received on the Draft EIR may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. The responses of the City must describe the disposition of any significant envi- ronmental issues raised, such as any revisions to the proposed project designed to mitigate anticipated impacts or objections. In particular, any major issues raised when the City's position is at variance with recommendations and objections raised in the comments must be addressed in detail, giving reasons why specific comments and suggestion were not accepted. The response -50- 11 11 shall contain recommendations, when appropriate, to alter the project as described in the Draft EIR as a result of an analysis of the comments received. 7.17 Preparation and Contents of Final EIR. Following the receipt of any comments on the Draft EIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared. The Final EIR shall meet all requirements of sec- tion 7.10 and shall consist of the Draft EIR or a revi- sion of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process. 7.18 Notice and Consultation When New Information Added to EIR. When significant new information is added to the EIR after notice and consultation, but before certification, the City shall give notice of preparation of the Draft EIR again pursuant to section 7.02. The City shall also consult with those persons contacted pursuant to section 7 12 before certifying the EIR. 7.19 Certification of Final EIR. Following the prepara- tion of the Final EIR, it shall be presented to the ERC which shall review the Final EIR and make a recommenda- tion to the City Council regarding whether the Final EIR is in order and whether it has been completed in compli- ance with CEQA, the State Guidelines and the City's Guidelines, The Final EIR and ERC recommendation shall then be presented to the City Council. If the City Council finds that the Final EIR has been completed in compliance with CEQA, it shall certify that the Final EIR is in order and has been completed in compliance -51- le with CEQA, the State Guidelines and the City's Guide- lines. 7.20 Consideration of EIR Before Approval or Disapproval of Project. The EIR shall be reviewed and considered by the Planning Commission or City Council, before it approves or disapproves the proposed project for which the EIR was prepared. The Planning Commission or City Council may then proceed to consider the proposed pro- ject for purposes of approval or disapproval. Sepa- rately or in conjunction with its action approving or disapproving the project, the Planning Commission or City Council shall certify that it has reviewed and considered the information contained in the EIR. 7.21 Findings. The Planning Commission or City Council shall not approve or carry out a project if a completed EIR identifies at least one significant environmental effect of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a statement of the facts suppor- ting each finding (documents incorporated by reference may also satisfy the findings requirements: see 7.08): (a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Final EIR. These mitigation measures must be expressly adopted or rejected in the EIR. Passing references to mitigation measures in other sections of the EIR, such as in a Statement of Overriding Considerations, are not sufficient. (b) Such changes or alterations are within the respon- sibility and jurisdiction of another public agency and not the City. Such changes have been adopted by such other agency or can and should be adopted by such other agency. -52- fte 11 (c) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. When rejecting an alternative to the project as infeasi- ble, the Planning Commission or City Council must make specific written findings stating why. If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that spe- cific economic, social or other considerations make infeasible the project alternatives identified in the final EIR and shall list such considerations before such approval. The Planning Commission or City Council shall not approve or carry out a project as proposed unless (1) the project as approved will not have a significant effect on the environment or (2) its significant envi- ronmental effects have been eliminated or substantially lessened (as determined through one or more of the find- ings indicated above), and any remaining, unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations. Statements in the Draft EIR or comments on the Draft EIR are not determinative of whether the project will have significant effects. 7.22 Special Findings Required for Facilities Which may Emit Hazardous Air Emissions Near Schools. No Environ- mental Impact Report or Negative Declaration shall be approved for any project involving the construction or alteration of a facility within one-fourth of a mile of a school which might reasonably be anticipated to emit -53- hazardous or acutely hazardous air emissions as defined below unless both of the► following occur: (a) The Lead Agency preparing the Environmental impact Report or Negative Declaration has consulted with the school district having jurisdiction over the school regarding the potential mpact of the pro- ject on the school, and (b) The school district has been given written notifi- cation of the project not less than 30 days prior to the proposed approval of the Environmental Impact Report or Negative Declaration. (c) Definitions: (1) "°hazardous air emissions ' means any substance released into the air which is on the list prepared pursuant to Section 25532(a) and Section 44321 of tl e Health and Safety Code. (2) "Acutely hazardous air emissions" means any substance released into the air defined by Section 25532(a) of the Health and Safety Code. 7 23 ReP°rrIllA or Monitoring_ Prolre When making the findings required by subdivision (a) of section 7 21, or when adopting a Negative Declaration pursuant to Section 6 . ©1(b) , the City shall adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner and in accordance with project approval. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project. If an agency with juris- diction over the natural resources affected by the pro- ject has required that certain conditions be .nco porn-- -5 - ted into the project, the Lead Agency may request that agency to prepare and submit a proposed reporting or monitoring program. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City will charge a fee of the project proponent to cover actual costs of program processing and implementation. 7.24 Statement of Overriding Considerations. Whenever a project approved by the Planning Commission or City Council will allow the occurrence of significant effects identified in the Final EIR without mitigation, the Planning Commission or City Council must state in writ- ing the reasons to support its action based on the Final EIR and other information in the record. Specific economic, social or other considerations must justify the environmental effects. If the Planning Commission or City Council makes a Statement of Overriding Considerations, the statement must be included in the record of the project approval and mentioned in the Notice of Determination. 7.25 Notice of Determination. Following consideration and approval of a project for which the City is the Lead Agency, the Planning Commission or City Council shall order the preparation, certification and filing of, and Staff shall prepare, certify and file, a Notice of Determination (Form "F") which shall contain the follow - (a) An identification of the project by its common name where possible and its location. (b) A brief description of the project. (c) The date when the City approved the project. (d) Whether the project in its approved form will have a significant effect on the environment. -55- (e) Whether mitigation measures were made a condition of the approval of the project. (f) Whether findings and/or a Statement of Overr ida ng Considerations was adopted for the project. ( The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public. The Notice of Determination shall then be filed, within five working days of the action, with the Clerk of the Board of each county in which the project will be located. Simultaneously with the filing of the Notice of Determination with the Clerk of the Board► Staff shall cause a copy of such Notice to be posted at City Hall. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and Research. The filing and posting by the Clerk of the Board of the Notice of Determination starts a 0-day statute of limitations on court challenges to the approval under CEQA. 7.26 Disposition of a Final EIR. The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified, Finel EIR to each Responsible Agency. 7.7 Private Project Costs. For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in preparing and filing the Draft and Final EIRs, as well as all publication costs incident thereto. -56- 7.28 Analysis of Future Expansion. An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if: (1) It is a reasonably foreseeable consequence of the initial project; and (2) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects. Absent these two circumstances, future expansion of a project need not be considered in an EIR. If future action is not considered now, it must be considered and environmentally evaluated later before it can be approved under CEQA. 8. TYPES OP FIRS 8.01 Project EIR. The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development pro- ject. This chapter describes a number of examples of various EIRs tailored to different situations. All EIRs must meet the content requirements summarized in section 7.10. 8.02 Subsequent EIR. A subsequent EI is required when a previous EIR has been prepared and certified or a Negative Declaration has been adopted for a project and at least one of the three following situations occur. A subsequent EIR should not be prepared by the City unless: (a) Subsequent changes are proposed in the project which will require important revisions of a previ- ous EIR due to the involvement of new significant environmental impacts not considered in the previ- ous EIR; (b) There are substantial changes with respect to the circumstances under which the project is to be undertaken, such as a substantial deterioration in the air quality where the project will be located, which will require important revisions of a previ- ous EIR due to the involvement of new significant environmental impacts not covered in the previous EIR; or (c) New information, which was not known and could not have been known at the time the previous EIR was certified as complete or the Negative Declaration was adopted, becomes available and shows that (1) the project will have one or more significant -59- effects not discussed in a previous EIR, () si n.- ficant effects previously examined w -ll be substan- tially more severe than shown in a previous EIR, , ) mitigation measures or alternatives rev ou l found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more signi scant effects on the environment. A subsequent EIR m..ust receive the same circulation and review as the previous EIR. received. 8.03 supplement to an EIR. The City as a Lead r Responsible Agency may choose to prepare a supplement to an ER, rather than a subsequent EIR, .if any of the conditions described in section 8.02 would require the preparation of a subsequent ER and only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situa- tion. To assist the City in making this determination, the Planning Commission or City Council should request an Initial Study and/or a recommendation by Staff. The supplement to the EIR, need contain only the information necessary to ke the previous EIR adequate for the project as revised. A supplement to an EIR shall be given the same kind of notice and public review as is given to a Draft EIR, but may be circulated by itself without recirculating the previous EIR. When the Planning Co ssion or City Council decides whether to approve the project, it shall consi- der the previous EIR as revised by the supplement, Findings pursuant to section 7.20 shall be made for each significant effect shown in the previous EIR as supple- mented. 8.04 Addendum to an EI .. The City as Lead or R sp n- s.ble Agency may choose to prepare an addendum to an EIR, rather than a supplement to an EIR, only if none of the conditions described in section 8.02 calling for preparation of a subsequent EIR. have occurred and minor technical changes or additions are necessary to make the EIR adequate. Changes to an EIR made by an addendum must not raise important new issues about significant effects on the environment. Since the significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the addendum. An addendum to an EIR need not be recirculated for public review but cart be included in or attached to the Final SIR. The Planning Commission or City Council shall consider the addendum with the Final EIR prior to making a decision on a project. 8. 5 Tiered EIR. A tiered EIR shall be used for later projects where a prior EIR has been prepared and certi- fied for a program, plan, policy, or ordinance and the City determines that (a) The later project is cons .s ent th a pro ram, plan, policy or ordinance for which an EIR has been prepared and certified; (b) The later project a-s consistent with applicable local land use plans and zoning of the city and county in which the later project would be located, and (c) The later project would not require a subsequent or supplemental EIR (See sections 8.02 and 8.03.) An Initial Study shall be prepared for later pro- jects and used to determine whether a tiered EIR may be used and whether new significant effects should be exam-- fined. A tiered EIR need not examine those effects which were either mitigated or avoided as a result of a prior EIR or examined in sufficient detail in a prior EIR to enable those effects to be mitigated or avoided by site specific revisions, the imp sition of conditions, or other means in connection with approval of the later project. Rather, a tiered EIR should summarize the issues discussed in a prior EIR, incorporate discussions from a pr]or° EIR by reference and concentrate on the specific action proposed A tiered EIR shall state where the earlier document is available and the purposes .for which it is being referenced. In order to eliminate repetitive discusatons of the s A e issues and to focus on the actual Issues ripe for decision, the City shall use tiered EIRs whenever feasi- ble. 8.06 taged EIR. Where a large capital project will re .ire a number of discretionary approvals from, govern- mental agencies and one of the approvals will occur more than two years before construction will begin, a staged EIR may be prepared covering the entire project in a general for or manner. A staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental conse- quences of an entare project. The particular aspect of the project before the City for approval shall be dis- cussed with a greater degree of specificity. Where a staged EIR has been prepared, a supplement to that EIR shall be prepared when a later approval is required for the project, and the information available at the time of the later approval would permit consider- atLon of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. 8.07 Program EIR. A program EIR is an EIR which may be prepared on an integrated series of actions that are related either. (a) GeographicallY; (b) As logical parts in the chain of contemplated actions; (c) In connection with the issuance of rules, regula- tions, plans or other general criteria to govern the conduct of a continuing program; or (d) s individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Subsequent activities in the program must be examined in the light of the program EIR to determine whether additional environmental documents must be pre- pared. 8.08 Use of a Program SIR With Subsequent EIRs and Nega- tive Declarations. A program EIR can be used to simpli- fy the task of preparing environmental documents on later parts of the program. The program EIR can: (a) Provide the basis in an Initial Study for deter- mining whether the later activity may have any significant effects. (b) Se Incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole. (c) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. 8.09 Use of an EIR from an Earlier ProJect. A single EIR may be utilized to describe more than one project when the projects involve substantially identical envi- ronmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained. 0 9. DEF:NITioNS Whenever the following terms are used in these Guide- lines, they shall have the following meaning unless otherwise expressly defined: 9,01 "Applicant' means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement for use or financial aid from one or more public agencies when that person applies for governmental approval or assistance. 9.02 "Approval" means a decision by the Planning Commis- sion or City Council or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the Planning Commission or City Council adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adop- tion of plans and specifications. As to private pro- jects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issu- ance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project. For purposes of these Guidelines, all environmental assessments must be completed as of the time of project approval 9.0 "CEQA" (the California Environmental Quellty Act) means California Public Resources Code Sections 21000, et seq. 9.04 "categorical Exemption" means an exception from the requirement of preparing a Negative Declaration or an IR, based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. 9.05 "City" means the City of Redlands, California. 9.06 "Cumulative Impacts" means two or more individual effects which, when considered together, are consider- able or which compound or increase other environmental impacts. The individual effects may be changes resul- ting from a single project or a number of separate pro- jects, whether past, present or future. The cumulative impact from several projects is the change in the environment which results from the incre- mental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from indivi- dually minor but collectively significant projects taking place over a period of time. 9.07 "Discretionary Project" means a project for which approval requires the exercise of independent judgment, deliberation, or decision -making on the part of the City. 9.08 ""Draft EIR" means an EIR containing the .information su arized in section 7.10. 9.09 "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding imme- diate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public servi- ces. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, accident or sabotage. -66, . 9.10 "Environment" means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects or historic or aesthe- tic significance. 9.11 "EIR" (Environmental Impact Report) means a detailed written statement setting forth the environmen- tal effects and considerations pertaining to a project and may mean either a Draft or a Final EIR. 9 12 "Environmental Review Committee ERC " means a committee composed of eight (8) members which shall include. (1) Community Development Department Director, (2) Building and Safety Division Director, (3) Municipal Utilities Department Director, (4) City Engineer, (5) Community Services Department Director, (6) City Manager, (7) Fire Department Chief, and (8) Police Department Chief. The ERE shall function as a local agency for the purpose of implementing the provisions of CEQA by reviewing all projects for environmental effect and by recommending adoption of negative declarations and reviewing and recommending certification or non certification of all Final EIRs, The Community Development Department Administrator shall serve as Chairman of the ERC and each member shall select an alternate who shall attend the meetings of said Committee in their absence and be entitled to vote upon all matters before said Committee in the absence of the appointed member. 9.13 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 9.14 "Final EIR" means an EIR containing the information contained in the Draft EIR, comments either verbatim or -67- in summary received in the review process, a list of persons commenting, and the response of the Lead Agency to the comments received. 9.15 "Initial Study" means a preliminary analysis con- ducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to Identify the significant environmental effects to be analyzed in an EIR. 9.16 "Jurisdiction by Law" means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affec- ted by the project. The City will have jurisdiction by law over a pro- ject when the City, having primary and exclusive juris- diction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmen- tal effects. 9.17 "Lead Agency" means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project, which may have significant effect on the environment, where more than one public agency is involved with the same underlying activity. 9.18 "Mitigated Negative Declaration" means a written statement by the City briefly describing the reasons that a proposed project, as amended by the addition of mitigating conditions of approval, will not have a sig- nificant effect on the environment. 9.19 "Mitigation" means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing Impacts by limiting the -68 11 degree or magnitude of the action and its implementa- tion, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eli- minating the impact overtime by preservation and mainte- nance operations during the life of the action, or com- pensating for the impact by replacing or providing sub- stitute resources or environments. 9.20 "Negative Declaration" means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a signifi- cant effect on the environment and, therefore, does not require the preparation of an EIR. 9.21 "Notice of Completion" means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. 9.22 "Notice of Determination" means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. 9 23 "Notice of Exemption" means a brief notice which may be filed by the City when it has approved or deter- mined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. 9.24 "Notice of Preparation" means a brief notice sent by a Lead Agency to notify the Responsible Agencies and Trustee Agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from such agencies as to the scope and content of the environmental information to be included in the EIR. -69- 9.2 '"Person" includes any person, firm, association, organization, partnership, business, trust, corporation, company, City, county, city and county, city, town, the State, and any of the agencies which may be political subdivisions of such entities. 9.26 "Private Project" means a project which will be carried out by a person other than a governmental Agency, but which will need a discretionary approval from the City. Private projects will no►r®:lly be those listed in subsections (b) and (c) section 9.26 9.27 'Project" means the whole of an action which has a potential for resulting in a physical change in the environment, directly or ultimately, that is any of the following: (a) An activity directly undertaken by the City Inclu- ding but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public struc- tures. (b) An activity involving the issuance to a person of a lease, permit, license, certificate, or other enti- tlement for use by one or more public agencies, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City, (c) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to theenactment and amendment of local General plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning varl- ances, the issuance of conditional use permits and the approval of tentative subdivision maps. The term project refers to the activity which is ing approved and which may be subject to several dis- be -70- cretionary approvals by governmental agencies. The term project does not mean each separate governmental appro- val. 9.28 "Responsible Agency" means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the envi onmental documents. For the purposes of CEQA, the term '"Responsible Agency' includes all federal, state, regional and local public agencies other than the Lead Agency which have discre- tionary approval power over the project. 9.29 "Significant Effect" means a substantial, or paten- tea substantial, adverse change in any of the phys- cal conditions within the area affected by the activity Including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic signeflcance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. 9.30 "Staff" means the City Manager or has or her desig- nee 9.31 "State Guidelines" means the Guidelines for Imple- ;entation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended" (California Administrative Code, Title 14, Sections 15000, et seq. ) 9.32 "Substantial. Sv1dence" means reliable infor nat .o on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. 9.33 ""Tiering" means the coverage of general matters Ln broad scope or program SIRS, with subsequent narrower environmental documents (such as site -specific .SIRS) Incorporating by reference the general discussions and concentrating solely on the issues specific to the envi- ronmental document subsequent y prepared. 9.34 "Trustee Agency"" means a State agency having juris- diction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies include but are not limited to: (a) The California Department of Fish and Game with regard to the fish and wildlife of the State, (b) The State Lands Commission with regard to State owned "sovereign"' lands. (c The State Department of Parka and Recreatx.ory with regard to units of the Stage Park System. (d) The University of California with regard to sites within the Natural Land and Water Reserve System. (e) The State Water Resources Control Board with respect to surface waters. 9.35 "Zoning Approval" means any enactment amendment, or appeal of a zoning ordinance; granting of a condi- tional use permit or variance; or any other farm of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property. 10. FORMS -73- CEQARED3 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Name or description of project 2. Location: 3. Entity or person undertaking project: A. B. Other (Private) (1) Name: (2) Address: 4 Staff Determination. The City's Staff, having undertaken and completed a pre- liminary review of this project in accordance with the City's Resolution entitled "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a pro- ject under CEQA. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or plan- ning study. e. The project is categorically exempt. Applicable Exemption Class The project is otherwise exempt on the follow- ing basis- f. Date: The pr� involves another public agency which constitutes the lead agency Name of Lead Agency: Staf Form "A" ______—_—...,QwaomigkygsummiftwasarANMON4MANWell NOTICE OF EXEMPTION TO: Clerk of the Board FROM. of Supervisors County of Project Title: 2. Project Location - Specific: . (a) Project Location - City: (b) Project Location - County: 4 Description of nature, purpose, and beneficiaries of Project: 5. Name of Public Agency approving project: 6. Name of Person or Agency carrying out project: 7. Exempt status. (Check one) (a) Ministerial project. (b) Not a project. (c) Emergency Project. (d) Categorical Exemption. State type and class number: (e) Other: 8. Reason why project was exempt: 9. Contact Person: Telephone- 10. Attach Preliminary Exemption Assessment (Form before filing. Date Received for Filing: "A") Signature Title Form "B" ____,-----ma.mammosornowasommomaissISSEX Ca.;90111 ENVIRONMENTAL IMPACT ASSESSMENT . Name or description of project 2. Location: Entity or Person undertaking project: A. B. Other (Private) (1) Name: (2) Address: 4. Staff Determination: The City's staff, having undertaken and completed an Initial Study of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" for the purpose of ascer- taining whether the proposed project may have a significant effect on the environment, has reached the following conclu- sion: Date (a) The project could not have a significant effect on the environment; therefore, a Negative Declaration should be adopted. (b) The Initial Study identified potentially sig- nificant effects on the environment but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore a Negative Declaration should be adopted. (c) The project may have a significant effect on the environment; therefore, an Environmental Impact Report will be required. (STAFF RECOMMENDATION) Staff Form "C" NOTICE OF PREP TION OF DRAFT NEGATIVE DECLARATION Notice is hereby given that has completed an Initial Study of the project in accordance with the City's Guidelines imple- menting the California Environmental Quality Act. This initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall, and are available for public review. At its meeting on at , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to the start of the meeting. Comments of all Responsible Agencies are also requested. Dated: Staff (At least 10 days before the scheduled meeting, post and file at City Hall together with attached copy of the Initial Study and Draft Negative Declaration, also publish only this Notice once in newspaper of general circulation, or post, or mail.) Form "D" NEGATIVE DECLARATION Marne, if any, and a brief description of project: Location: Entity or person undertaking project: Other (Private) 1 Name. Address• The City Council, having reviewed the initial Study of this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the C ty's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council's findings are as follows: A copy of the Initl Study may be obtained at: Phone. Date f led Staf FORM NOTICE OF DETERMINATION TO. Clerk of the Board FROM. of Supervisors County of Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 (File also with OPR if the project requires state approval.) SUBJECT: Filing of Notice of Determination n Comp lance with Section 21108 or 21152 of the Public Resources Code. Project Title State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Project Location Project Description This is to certify that the (Lead Agency or Responsible Agency) has approved the above described project and has made the following determinations regarding the above described project: 1. The project will, wi11 not, have a significant effect an the environment 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.. A Negative Declaration was prepared for this project pursuant to the provisions of CEA. THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT Mitigation measures were, were not, made condition of the approval of the project A Statement of Overriding Considerations was, was not, adopted for this project, Dated Received for Filing Sic nature Title FOR NOTICE OF PREPARATION TO. FROM. (Responsible Agency or Trustee Agency) (Address) SUBJECT: Notice of Preparation of a Draft Environmental Impact Report. The will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The Project description, location, and the environmental effects are contained in the materials. A copy of the Initial Study is attached. probable attached is not Your response must be sent at the earliest date, but not later than 30 days after receipt notice. Please send your response to possible of this at the address shown above. We will need the name contact person in your agency. PROJECT TITLE. PROJECT APPLICANT, IF ANY: Date: Signature Title or a Telephone FORM "G" _________------...~,..maniwAmeggizomfoNAWORAMMMAUVONOWADNEWitaTaNWOMON NOTICE OF COMPLETION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 Project Title Project Location - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code Phone Extension Date Filed: ENVIRONMENTAL INFORMATION FORM (To be completed by applicant) GENERAL INFORMATION 1. Name and address of developer or project sponsor: 2. Address of project: Assessor's Block and Lot Number: • Name, address, and telephone number of person to be contacted concerning this project: 4. Indicate number of the permit application for the project to which this form pertains. . List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing zoning district: 7. Proposed use of site (Project for which this form is filed): PROJECT DESCRIPTION . Site size. 9. Square footage. 10. Number of floors of construction. 11. Amount of off-street parking provided. 12. Attach plans. 13. Proposed scheduling. 14. Associated projects. 15. Anticipated incremental development. FORM "I" Page 1 of 3 16, If residential, include the number of units, schedule of unit sizes, range of sales prices or rents, and type of household size expected. 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 18. If industrial, indicate type, estimated employment per shift, and loading facilities. 19 If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading faci- lities, and community benefits to be derived from the project 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). Yes No 21. Change in existing features of any bays, tide- - lands, beaches, lakes or hills, or substantial alteration of ground contours. 22. Change in scenic views or vistas from existing residential areas or public lands or roads. 23. Change in pattern, scale or character of gen- eral area of project. 24. Significant amounts of solid waste or litter. 25. Change in dust, ash, smoke, fumes or odors in vicinity. 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 27. Substantial change in existing noise or vibra- tion levels in the vicinity. 28. Site on filled land or on slope of 10 percent or more, FORM "I" Page 2 of 3 Yes No 29. Use of disposal of potentially hazardous mate- rials, such as toxic substances, flamxnables or explosives. 3. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) Substantial increase in fossil fuel consump- tion (electricity, oil, natural gas, etc.), 32. Relationship to a larger project or series of projects. Has a prior environmental impact report been prepared for a program, plan, policy or ordi- nance consistent with this project? 34. If you answered yes to question 33, may this project cause significant effects on the envi- ronment that were not examined in the prior EIR? ENVIRONMENTAL SETTING 35. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. (Snapshots or instant photos acceptable.) 36. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear year, etc.). Attach photographs of the vicinity. (Snapshots or instant photos acceptable.) CERTIFICATION. I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. DATE For (Signature) FORM Page 3 of ________---m....mmvmmmommmmaNAVMWMWMMOOMMONMOMMENNMWSIS ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency) BACKGROUND 1. Name of Proponent 2. Address and Phone Number of Proponent: 3 Date of Checklist Submitted 4. Agency Requiring Checklist 5. Name of Proposal, if applicable 2. ENVIRONMENTAL IMPACTS (Explanations of all "Y s and "Maybe" answers are required on attached sheets.) Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic sub- structures? b. Disruptions, displacements, compaction or overcovering of the soil? c Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? YES MAYBE NO Form "J" Page 1 of 10 g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in. a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objection- able odors') c Alteration of air move- ment, moisture or temperature, or any change in climate, either locally or regionally? Water. Will the proposal result a. Changes in currents, or the course or direction of water move- ments, in either marine or fresh waters' b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water run- off? c. Alterations to the course of flow of flood waters? d. Change in the amount of sur- face water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? YES MAYBE NO Form Page 2 of 10 gn7.atfknnRONSETAHMRMmmmffaozsgmlao..ommmm:,,,,,---,.--„„-- Nt g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? 1. Exposure of people or property to water related hazards such as flooding or tidal waves? J. Significant changes in the tempera_ure, flow or chemical con- tent of surface thermal springs? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or In a barrier to the normal replenish- ment of existing species? d. Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms, or insects)? YES MAYBE NO Form Page 3 of 10 b. Reduction of the numbers of any unique, rare or endangered species? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in. a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the pro- posal produce new light and glare' 8. Land Use. Will the proposal result in a substantial altera- tion of the present or planned land use of an area? 9. Natural Resources. Will the pro- posal result in: a. Increase in the rate of use of any natural resources' b Substantial depletion of any nonrenewable natural resource? YES MAYBE NO Form "J" Page 4 of 10 Am,,,,,Amm,,AwA,Amommemyame,,m,,,,,mommosammar,fromamsmomegoomomomiaaramenozaaameggmemmaxAMMEASRMAWERAMOntgarNMVOMMEGMTROMAMENSKAHMOSIEWAVORMESOMEAZIRMANAION 10. Risk of Upset. Will the pro- posal involve: a. A risk of an explosion or the release of hazardous sub- stances (including but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation. the proposal result in: Wi 11 a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or move- ment of people and/or goods? e. Alterations to waterborne, rail or air traffic' f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes Maybe NO Form "LT" Page 5 of 10 14. Public Services. G il1 the pro- posal have an effect upon, or result in a need for new or altered governmental services in any of the following areas. a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads . Other governmental services? Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy b. Substantial increase in demand upon existing sources of energy, or require the develop- ment of new sources of energy' 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b.Communications systems? c Water, d. Sewer or septic tanks, e. Storm water drainage? f olid waste and disposal. YES YE NO Form a. Page 6 of 10 17. Human Ieaith. Will the proposal result In a. Creation of any health hazard or potential health hazard (exclud- ing mental health)' b Exposure of people to poten- tial health hazards' c. Emission of hazardous air pollutants if located within 1/4 mile of a school? AestheticsWill the proposal result in he obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existin recreational opportunities' 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical arched- logical site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or his- toric building, structure or object' cDoes the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? YES Y E NO Form fJ#, Page 7 of l 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal 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. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the envi- ronment is significant. d. Does the project have envi- ronmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES YBB NO Form +fl Pa 8 of 10 22. EIR Tiering Determination. (See § 12 Tiering Guidelines.) a Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? YES MAYBE NO b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? c. May this project cause signi- ficant effects on the environment that were not examined in the prior EIR? 3. DISCUSSION On attached sheets, discuss: 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. . Compatibility with existing zoning and plans. 4. DETERMINATION (To be completed by the Lead Agency ) On the basis of this initial evaluation: I find the proposed project COULD NOT have a signifi- cant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the miti- gation measures described on an attached sheet have been added to the project by the applicant. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project. MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Form "J" Page 9 of 10 Date. 11 I find that the proposed project may have a significant effect on the environment, but that this project is con- sistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible envi- ronmental effects of this project. For (SignatZre) Form "J" Page 10 of 1