HomeMy WebLinkAbout3954_CCv0001.pdf RESOLUTION NO. 3954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ADOPTING "PROCEDURES, OBJECTIVES, AND CRITERIA FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
AS AMENDED" AND RESCINDING RESOLUTION NO. 3700
WHEREAS, the City of Redlands is required to periodically
update its guidelines for implementation of the California
Environmental Quality Act; and
WHEREAS , changes in the law have occurred since adoption
of Resolution No. 3700 establishing procedures for environmental
review making desirable a revision of the procedures followed in
the City for environmental review of projects ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redlands as follows:
1. The City of Redlands adopts as the guidelines for
environmental review of projects under the California
Environmental Quality Act that document entitled
"Procedures , Objectives , and Criteria for Implementing
the California Environmental Quality Act, As Amended
(1984 Revision) , " and attached hereto as Exhibit A.
These procedural guidelines shall be interpreted so
as to be consistent with the California Environmental
Quality Act and the guidelines adopted by the Secretary
of the Resources Agency pursuant thereto .
2 . Resolution No . 3700 is hereby rescinded.
ADOPTED, SIGNED AND APPROVED this 20th day of March, 1984 .
,ell In
Mayor of the City of Redlands
ATTEST:
C-1 t y- C I e r k IT7
PROCEDURES , OBJECTIVES , AND CRITERIA
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED
( 1984 REVISION)
CITY OF REDLANDS
CALIFORNIA
BEST, BEST & KRIEGER
CITY ATTORNEYS
SUMMARY OF ENVIRONMENTAL ASSESSMENT PROCEDURES
CITY OF REDLANDS
Excerpted from the City ' s Procedures ,
Objectives and Criteria for Implementing
the Environmental Quality Act ("Guidelines" )
GUIDELINES SECTION
ACTION AND PAGE REFERENCE
A. EXEMPTIONS
Staff first examines proposed activity 4.01 ; p. 29
to determine whether it is exempt .
The project can be exempt fic,r any of
the following reasons :
(1) It can be seen "with certainty 3 . 02; p. 16
that there is no possibility"
that the activity may have a
significant effect on the
environment .
(2) The activity does not come 3 . 03 ; p. 16
within the definition of
„pro j ect . -1
(3 ) It qualifies as a California 3 . 04 ; p . 16
Constitution Article XIIIA
[Proposition 13] -related
project .
(4) It is a "disapproved" project . 3 . 05 ; p . 17
(5 ) it is an ""emergency{. project . 3 . 07 ; p . 17
(6 ) it is a feasibility or planning 3 . 08 ; p . 18
study .
(7 ) It is a "ministerial" project . 3 . 09 ; p. 18
(8 ) it is an "ongoing" project . 3 . 10 ; p . 19
(9 ) It qualifies as a "rates , tolls , 3 . 11; p . 19
fares , and charges" project .
(la) 1*t is oneof the '"categorical
3 . 13 ; Pp. 20-2'
exemptions . "
If exempt , staff completes and files; 4 .01 ; pp . 29_30
internally a "Preliminary Environ-
mental assessment" (form is attached
to your Guidelines as Exhibit "A" )
No action is required by the Environmental 4 .03 ; pp . 0-31
Review Committee ( "ERC'" ) unless at its
discretion it directs the filing of
Notice of Exemption (form is attached,
to your Guidelines as Exhibit., "B" ) .
B. LAD AGENCY 0R RESPONSIBLE AGENCY
If not exempt , staff proceeds with 4 .01 , p . 2
environmental evaluation..
Staff: them determines whether City 5 : 1 ; pp. 31- 3
i "Lead Agency" for the proposed
project .
if not , file internally the "Pre- u3: pp. 32`3
liminary Environmental Assessment"
(form is attached to your Guidelines
s Exhibit ,"A" ) and City itself
is not required to proceed: further,.
City is only required to provide
data as may be requested by the Lead
Agency.
if City is a "Responsible Agency" 5 .02 ; p. 32 "
evaluate whether further informa- 9`. 18 ; p . 60
tion is needed. If not , follow
Responsible Agency procedures
C. INITIAL STUDY
if the City is the Lead Agency , 6 . 01-606
staff prepares an "Initial. Study" p . 3 - 38
on proposed project (unless the pro-
ject clearly will have a significant
effect on the environment , in which
case the City should proceed
directly with an EIR) •
All. Responsible Agencies , all 6 . 02 ; pp . 34-'35
'trustee Agencies , and all interested
individuals and organizations of
-2-
)h
which the City reasonably i
aware must be consulted in the pre-
paration of the Initial Study.
Based on results of Initial Study , 7 . 011; p. 38
staff prepares "Environmental Impact
Assessment" for the ERC (form is
attached to your Guidelines as
Exhibit "C" ) .
If the staff concludes that the pro- 7 . 01; p. 3
ject "could" or "may" have a signiwfi- 9 . 01, ply. 44-4
cant effect on the environment , it must
recommend to the ERCthat an E.IR be pre-
pared. No public notice is required if
this is the staff recommendation_,.
If the staff concludes that thepro- 7 . 0 p: 39
ject "will not have a significant 8 . 01 , pp .. 40-41
effect on the enviro orient " t-hen it
prepares a Notice of Preparation of a
Draft Negative Declaration..
D. NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARAi:10N
If staff intends to recommend a 8 . 01 pp 40-41
Negative Declaration;, (form is
attached to your Guidelines as
Exhibit "E" ) , it must
(1) Prepare a Draft Negative
Declaration (unsigned but other-
wise fully completed including
a statement of reasons supporting
the
the Negative Declaration) and
attach a copy of the Initial Study
to the Draft Negative Declaration.
(3. ) Post a copy of the Notice , the
Draft Negative Declaration and
Initial Study at the City Hall ,-
and file copies of sane with the
Planning Director.
(3 ) Give Notice of Preparation of a
Draft Negative Declaration (forts
is attached to your Guidelines a
Exhibit "D" ) by mail to all 'indivi
duals and organizations who have
previously requested such notice
and by either: (a) publishing once
-
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ENVIRONMENTAL APPLICATION PROCESSING PROCEDURE
CITE. OF REDLANDS
i
The followings steps shall be followed in the processing of appli-
cations involving environmental review:
1 : Environmental Application Filing:
The applicant shill file six (6) copies of the completed
initial study and one (1) copy of the appropriate appli-
cation form along with six (6) copies of the maps or
plans . The maps or plans shall contain all information
listed on the application fora.
Note: Any application which is fecund to be incomplete
will not be processed by the Environmental Review
committee . To avoid unnecessary delays , please
review the list of all required information.
. Environmental Assessment :
Following approval of the environmental assessment by the
Environmental Review Committee and completion of the 10-day
public review period, the applicant may then sul- -lt the
twenty ( ) copies of maps or plans required for further'
processing by the Planning Commission and/or City Council .
The twenty ( 0) copies* of maps or plans shall incorporate
all mitigating measures required by the Environmental
Review Committee .
. Official Filing ate:
The official application filing date for further processing
of the application shall be established upon submission an
acceptance by the Planning Department of the maps or plans .
Note : Application which do not contain a1-1 of the:
information required on the application foam
will not be accepted for processing by the
Commission . Please read the application form
carefully .
*Additional maps not required, for zone changes , removal of lands
from the agricultural preserve and street vacations,,
Revised 10/82
Staff files the "Notice of Determina- 8 . 06 ; 43-44
tion (form is attached to your Guide-
lines as Exhibit ",F" ) with the County
Clerk (and with the Secretary for
Resources if the project requires State
approval ) .
Staff simultaneously and conspicuously
posts Notice of Determination at
City Hall .
The 30-day statute of limitations 8 . 06 ; pp. 43-44
begins to run 2.E�il after the Notice
of Determination has been filed with
the County (and with the Secretary
for Resources if approval by any
State agency is involved) and a
notice of filing is posted by the
County Clerk.
G . FULL EIR
if full Environmental Impact Report 9 . 02 ; pp . 45-46
("EIR") is required, the City as
Lead Agency shall send a "Notice of
Preparation" (form is attached to
your Guidelines as Exhibit "G" ) to
all Responsible Agencies , Trustee
Agencies and to interested indi-
viduals or organizations of which
the City is reasonably aware .
This begins the first comment
period, normally 45 days .
Staff shall commence preparation of 9 . 04 ; pp . 46-47
a Draft EIR, and may begin work on. it
immediately without awaiting responses
to the Notice of Preparation. Consulta-
tion is required during the drafting of
the EIR with all Responsible Agencies ,
Trustee Agencies and interested indi-
viduals and organizations of which the
City is reasonably aware .
Upon completion of the Draft EIR, 9 . 07- 9 . 09 ;
staff shall file a Notice of Comple- pp . 51-53
tion (form is attached to your Guide-
lines as Exhibit "H" ) and give the
required public notice inviting com-
ment upon the Draft EIR. This begins
the second comment period, normally
45 days .
I_A111
_15
The E'RC shall conduct a public hearing 9 . 10; pp. 53-54
on the Draft EIR no sn
ooer than 14
days after filing of the Notice Of
Completion. 9 . 11 ; pp . 54-55
Special Procedures apply to review nw
of Draft EIR involving applicat
for subdivision map - 55456
Comments on the Draft EIP, are
evaluated by staff and a Final
Elp, is prepared. 9 . 13 , 9 . 14 ;
EEC considers Final EIR and makes a pp . 56-58
recommendation to the City Council
Commission regardin
of Planning Commission
n order
whether the i
Final EIR is comp
and whether it has been co -
in compliance with the California
State
Environmental Quality Act an-4 the
EIR Guidelines . The Final EIR and ERC
recommeadations are presented to the
City Council , which shall certify that the
Final EIR is in order and has been cam-
plated in compliance with the CaliStatefornia
Env,-Lronmental Quality Act and the
EIR Guidelines , or refer it back to staff
and the ERC for further work.
MOTION: Move that this City Council find
that the Final EIP, on the
project is in order, and certify
that the Final EIR has been com-
pleted in compliance with the
California Environmental Quality
Act and the State EIR Guidelines ,
and that we have reviewed and
considered the information con
tained therein.
The City Council or Planning Commission
must review and consider the contents
of the EIR PSI�—Or- t0 considering and
approving the project .
INC OF FINDINGS
9 . 14; pp . 56-58
If the Planning Commission or City
Council approves a project , findings
must be made as to whether each
significant effect identified in the
6..
EIR will he mitigated and why alterna-
tives which could reduce environmental
impacts were rejected.
If the Planning Commission or City 9 . 15 ; p 58
Council approves a project which
allows significant effects to occur
without mitigation, the Planning
Commission or City Council must
make written; findings of overriding
considerations .
MOTION Move approval of the
project for the following
reasons :
[State in writing reasons`
to support approval]:
and further find . '-at :
[Incorporate one or more
findings of overriding
considerations]
I :
NOTICE OF DETERMINATION AFTER FINAL EIR;
If the project is approved, the City 9 . 17° F"P 59-60
Council or planning Commission , as
appropriate , directs
irect staff to.. prepare
a "Notice ofDetermination" (form is
attached to your Guidelines as Exhibit
"F" ) ,) .
MOTION; Move approval of the
project and instruct staff to
prepare and file a "Notice of
Determination" thereon pursuant
to the City ' s Guidelines
Staff files Notice of Determination 9 . 17 pp . 59. 60
with the County Clerk (and with the
Secretary for Resources if the project
requires State approval) Statement
of Overriding Considerations , if any ,
must be stated in Notice of Determination.
Staff simultaneously and conspicuously
posts Notice of Determination at District
office,
7
NOTE: The 30-day statute of limitation
begins to run onl after the Notice of
Determination has been iled
llesk�th the
County and posted by
-8-
I N D E X
?Age
ARTICLE 1 . GENERAL PURPOSE AND POLICY
Purposes . . . . . . . . . . . . . . . . . . . . 1
Applicability .. . . . . . . . . . . . . . . . . . . 2
Reducing Delay and Paperwork. . . . . . . . . . . . . 3
ARTICLE 11 . DEFINITIONS
Applicant . . . . . . . . . . . . . . . . . . . . . . . 4
Approval . . . . . . . . . . . . . . . . . . . . . . . . 5
CEQAA. . . . . . . . . . . . . . . .. . . . . . . I . . 5
Categorical Exemption . . . . . . . . . . . . . . . . . 5
city. . . . . . . . . . . . . . . . . . . . . . . . . . 6
Cumulative Impacts . . . . . . . . . . . . . . . . . . . 6
Discretionary Project . . . . . . . . . . . . .
Emergency . . . . . . . . . . . . . . . . . . 7
Environment . . . . . . . . . . . . . . . . . . . . . 7
Environmental Assessment Officer �EAO) . . . . . . . . . 7
EIP. . . . . . . . . . . . . . . . . . . . . . . . . . . 7
EIS . . . . . . . . . . . . . . . . . . . . . . . . 8
Environmental Review Committee (ERC) . . . . . . .
Feasible . . . . . . . . . . . . . . . . . . . . . . . 9
Initial Study . . . . . . . . . . . . . . . . . . . . . 9
Jurisdiction by Law . . . . . .
Lead Agency . . . . . . . . . . . . . . . . . . . . . . 10
Mitigation. . . . . . . . . . . . . . . . . . . . . . . 10
Negative Declaration. . . . . . . . . . . . . . . . . . 10
Notice of Completion. . . . . . . . . . . . . . . . . . 11
Notice of Determination . . . . . . . . . . . . . . . 11
Notice of Exemption . . . . . . . . . . . . . . . . . . 11
Notice of Preparation . . . . . . . . . . . . . . . . 12
Person. . . * * * * ' ' * ' * * * ' * ' * ' - * - * * - 12
Planning Department . . . . . . . . . . . . . . . . . . 12
Project . . . . . . . . . . . . . . . . . . 12
Responsible Agency . . . . . . . . . . . . . . . . . . 13
Significant Effect. . . . . . . . . . . . . . . . . . 14
Staff . . . : , * , * , * , I I , , * , * I * * , * 14
State EIR Guidelines . . . . . . . . . . . . . . . . 1-4
Substantial Evidence . . . . . . . . . . . . . . . 14
Tiering . . . . . . . . . . . . . . . . . . . 14
Trustee Agency. . . . . . . . . . . . . . . . . . . . . 15
Zoning Approval . . . . . . . . . . . . . . . . . . . . 15
YAM
ARTICLE III . EXEMPTIONS T
ons in General • TSS
s
E emps of Si nifican.t Effect T
No PO
sibiTity ,
Project . EIIIA-
Not " T
California Cons
tit'on Article
Related Projects 1
Disapproved Projects . " T
Early Activities ReTated; to Thermal' powerplants
Plants F l
Emergency Proj�cts " Studies . 18
Feasibility anci Planning
19
Ministerial Projects
Ongoing Projects Charges Projects 20
9
Rates , Tolls , "ares and HCl
Transportation Improvement programs . t
Categorical Exemptions "
IV., PRELIMINARY ENVIRONMENTAL REVIEW' PRCCEDUR.ES
ARTICLE Iv .
As
Environment Environmental ::s sment
Preliminary Environmental 0
Retention of Preliminary for Insgctic�r 33
sm
Assessent Form; Availability ,
Ex
emption Statute of Limitations .
Notice .
LEAD AGENCY DETERMINATION
ARTICLE V- ency l
ency Principle ; Selection of Lead Ag 3
Lead Ag Responsibilities . 3
Shifa in Lead Agency ,
providing Data to Lead Agency :
ARTICLE VI . INITIAL STUDY PROCEDURES
Undertaking
of Initial Study; Ey Whom; 33
Submission of Data.; Costs - 3
35
Early Eons�Ttation itial Study . 3
Purposes of InitiaTaStudy ; Forms " 3
contents of In . "
U 3
Use of Initial Study Effect ,
Mandatory Findings of Significant
CCEURES FOR STAFF
ARTICLE V11 .
AN OVERVIEW OF P �CW, �1 TNII'I� IQN
STUDY
�.N' �3U
CITY C 'EIL ACTIN' r
ct Assessment ; Time imita- 3E
Environmental Imp
a
tions for Privat Projects
tion of Negative 3
Staff Reco endation of Adoption
, 3
Declaration.
at
ActionbyERCt 3
City Determination Final
r
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ARTICLE VIII , PREPARATION AND ADOPTION OF NEGATIVE DECLARATION
Notice of Preparation of Draft Negative
Declaration. . . . . . . . : * ' * I * ' * ' * * ' * 1 40
Comments by Responsible Agencies . . . . . . . . . . . . 41
Adoption of Negative Declaration; City Approval
or Disapproval of Project . . . . . . . . . . . 41
Contents . . . . . . . . . . . . . . . . . . . . . . . . 42
Time Limit for Completion and Adoption of
Negative Declaration . . . . . . . . . . . . . . . . . 4
n 2
Notice of Determination; Statute of Limitations . . . . 43
Private Project Casts,. . . . . . . . . . . . . . . . . 44
ARTICLE I . ENVIRONMENTAL IMPACT REPORT
Decision to Prepare an EIR . . . . . . . . . . . . . . . 44
Notice of Preparation of Draft EIR;
Certified Mail . . . . . . . . . . . . . . . . . . . 45
Responsibilities of Responsible Agencies . . . . . . . . 46
Preparation of Draft EIR . . . . . . . . . . . . . . . . 46
General Aspects of an EIR. . . . . . . . . . . . . . . . 47
Form and Content of EIR. 4
. . . . . . . * * - ' 9
Completion of Draft EIR; Notice of Completion. . . . . . 51
Review of Draft EIR by Other Public Agencies
and Other Persons . . . . . . . . . . . * * ' ' * . . . 52
R;
Time for Review of Draft EIFailure to Comment . . . 53
Public Hearing on Draft EIR. . . . . . . . . . . . . . . 53
Special Procedures for Draft EIR Involving
Application for Subdivision Map. . . . . . . . . . . . 54
Final EIR; Preparation and Contents . . . . . . . . . . . 55
Review and Recommendation by ERC Regarding
Certification of Final EIR; Certification
of Final EIR by City Council . . . . . . . . . . . . . 56
Planning Commission or City Council Consideration
of EIR and Approval or Disapproval of Project . 56
Statement of Overriding Considerations . . . . . . . . . 58
Time Limit for Completion and Certification of ,
Final EIR. . . . . . . . . . . . . . . . . . . . . . . 58
Notice of Determination; Statute of Limitations . . . . . 59
Use of Final EIR by Responsible Agencies . . . . . . . . 60
Private Project Costs , . . . . . . . . . . . . . . . . . 60
Use of Registered Professionals in Preparing EIRs . . . . 61
Incorporation by Reference . . . . . . . . . . . . . . . 61
Standards for Adequacy of anEIP. . . . . . . . . . . . . 62
ARTICLE X. RETENTION OF COMMENTS AND AVAILABILITY OF
COMMENTS FOR REVIEW. . . . . . . . . . . . . . 62
ARTICLE XI . SUBSEQUENT AND SUPPLEMENTAL EIR' s . . . . . . . 63
ARTICLE XII . USE OF SINGLE EIR FOR MORE THAN ONE
PROJECT
Two or More Projects Undertaken at the
Same Time. . . . . . . . . . . . . . . . . . . . . . 64
Later Projects . . . . . . . . . . . . . . . . . . . . . 64
ARTICLE XIII. STAGED EIR
TimePeriod. . . . . . . . . . . . . . . . . . . . . . , 65
Supplements . . . . . . . . . . . . . . . . . . . . . . . 65
ARTICLE XIV. TIERING OF EIRS
Tiering. . . . . . . . . . . . . . . . . . . . 66
ARTICLE XV. PROGRAM EIR
General .- . . . . . . . . . . . . . . . . . . . . . . . . 67
Use With Later Activities . . . . . . . . . . . . . . . . 67
Use With Subsequent EIRs and negative
Declarations . . * * * . * * . . . . . . . . . . . 68
Anti With Later Activities . . . . . . . . . . . . . . 68
ARTICLE XVI . SPECIAL TIME LIMIT PROVISIONS FOR :1'nL !_`_'Tr_CTS
WITH SHORT TIME PERIODS FOP, DECISION
Time of Acceptance of Application. . . . . . . . . . . . 69
Examples of Subject Projects . . . . . . . . . . . . . 69
Applicable Time Limit . . . . . . . . . . . . . . . . 70
ARTICLE XVII . GENERAL PROVISIONS
Compliance With State Law,. . . . . . . . . . . . . . . . 70
Terminology . . . . . . . . . . . . . . . . . . . . . . 70
Partial Invalidity . . . . . . . . . . . . . . . . . . . 71
PROCEDURES , OBJECTIVES , AND CRITERIA
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED
( 1984 REVISION)
CITY OF REDLANDS
CALIFORNIA
I. GENERAL PURPOSE _AND _POLICY
1 . 01 Pur22ses These Procedures , Objectives ,
and Criteria (hereinafter "Procedures" ) are for the purpose
of implementing the provisions of the California Environmental
Quality Act (hereinafter "CEQA" ) , and the Guidelines for
Implementation of CE A, which have been adopted by the Cali-
fornia Resources Agency (hereinafter "State Guidelines"
The basic purposes and objectives of these Procedures ,
adapted pursuant to Section 21082 of CEQA,, are as follows
A. To enhance and provide long;-term protec-
tion for the environment , while providing a decent home and
satisfying living environment for every Californian.
P To provide information to municipal
decision-makers and the public about the potential si,-,n fi-
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
� mmmmN
. To disclose and demonstrate to the
public the reasons why a governmental agency approved the
project in the manner chosen.
1 .02 Applicability. These procedures apply to
any activity of the City of Redlands which constitutes a-
"'project" as that term is defined in Section 2 . 26 . An
environmental impact report hereinafter "EIR" ) is required
for each such project which may have a significant effect on
the environment:. The phrase ' significant effect" is defined
in Section 2.28 . When the City finds that a project will
have no significant environmental effect, a "Negative
Declaration" rather than an EIR will be prepared.,
The function of the EIR is to inform the City
Council and the general public of, and to allow them to
analyze the significant environmental effects of, a proposed
project , to identify alternatives , and to disclose possible
ways to reduce or avoid possible environmental damage.
These matters are to be evaluated by the Planning Commission
and/or City Council before the project is approved or
disapproved,
The EIR is ars informational document . It should
not be used to rationalize approval of a project . However,
neither do indications of adverse impact necessarily require
disapproval of a project. father, when ars; 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 :
(1) Changing the proposed project .
(2) Imposing conditions on the approval of the
project .
(3 ) Adopting plans or ordinances to control a
broader class of activities to avoid the problems .
(4) Choosing an alternative way of meeting the
same need.
(5 ) Disapproving the project .
(6 ) Finding that the unavoidable , significant
environmental damage is acceptable pursuant to a State-
ment of Overriding Considerations .
Thus , while CEQA requires that major consideration
be given to preventing environmeW-il damage , the City also
has an obligation to balance other public objectives ,
including economic and social factors .
1 . 03 Reducing Delay and Paperwork. The State EIR
Guidelines encourage local governmental agencies to reduce
delay and paperwork by , among other things , integrating the
CECA process into early planning; identifying projects which
fit within categorical or other exemptions and are therefore
exempt from CEQA processing; using initial studies to identify
significant environmental issues and to narrow the scope of
EIRs ; using a Negative Declaration when a project not other-
wise exempt will not have a significant effect on the
environment ; consulting with state and local responsible
agencies before and during preparation of an EIR so that the
document will meet the needs of all the agencies which will
use it ; allowing applicants to revise projects to eliminate
possible significant effects on the environment , thereby
-3-
enabling the project to qualify for a Negative Declaration
rather than ars EIR integrating CEQA requirements with other
environmental review and consultation requirements ; empha-
sizing
mph -siting consultation before an EIR is prepared, rather than
submitting; adversary comments on a completed document,
combining environmental documents with other documents such
as general plans ; 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
supe reducing the length of EIRs by means such as setting
appropriate page limits ; preparing analytic rather than
encyclopedic EIRs mentioning only briefly issues ether than
significant ones in EIRs , writing EIRs in plain :language;
following a clear format for EIRs emphasizing the portions
of the EIR that are useful to decision-rakers and the public
and reducing emphasis on background material using incorpo-
ration
nco po-ration by reference; and making comments on EIRs as specific
as possible .
II . DEFINITIONS
Whenever the fallowing terms are used in these
Procedures , they shall have the following meaning unless
otherwise expressly defined.
. 01 "App- cant" means a person who proposes to
carry out a: pro. ect which needs s lease , permit , license,
certificate, or other entitlement to use or financial aid
-4-
from one or more public agencies when that person applies
for governmental approval or assistance .
2 . 02 "Approval" means a decision by the City
Council or Planning Commission 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 City
Council adopts a motion, resolution or ordinance, determining
to proceed with the project , which in no event shall be
later than the date of adoption of plans and specifications .
As to private projects , approval shall be deemed to have
occurred upon the earliest commitment to provide service or
the issuance by the City of a discretionary contract ,
subsidy, or other form of financial assistance, lease ,
permit , license, certificate, or other entitlement fir 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 Procedures , all environ-
mental assessments must be completed as of the time of pro-
ject approval .
2 . 03 "C A'* (the California Environmental Quality
Act ) means California Public Resources Code Sections 21000
et sea .
2 . 04 "CategoricalEK�=� _ti_on" means an exception
from the requirement of preparing a Negative Declaration or
MINIMUM',
ax a
h proposed project is discretionary
an ER, even thoug
nature , s more particularly
described in article TT
infra,
P . California, :
Z .05 '° "` means the Citi` of Redlands
a general lana city -
. 16 ''flumulativ`e arapa� s" means two or more
individual effects which, when considered together, are
derable or which compound or increaSe other environ-
cons '�
mental impacts . The individual effects may be changes
ect or a number of separate
resulting from single p ro "�
projects , whether past present or future
The cumulative impact ;from several projects is the
in the environment which, results from the incremental
change... related:.
im act of the project when added to other closer
� ro 'ects .
past , present and reasonably foreseeable future p .�
acts can, result from individually minor but
Cumulative imp eriod
collectively significant projects taking place over a p
of time.
discussion of cumulative impacts shall reflect
severity and significances, but need not be discussed
their sect .
in as great detail as the direct effects of the project .
by a
The di scussicn of cumula.ti e im pacts should be guid
of racticality and reasonableness . The fallowing
standard p
three elements , however, are necessary to an adequate
discussion of cumulative impacts : related or
of the projects producing
(a) list including those projects outside
cumulative impacts ,
the control of the City ;
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(b) A summary of the expected environmental
effects to be produced by those projects with specific
reference to additional information where; such infor-
mation is available ;
c A reasonable analysis of the cumulative
impacts of the relevant projects .
. "Discretionary Project" means a project for
which approval requires the exercise of independent judgment ,
deliberation..., or decision-making on the part of the Cite.
2 . 0 "Emergency", means a sudden, unexpected
occurrence, involving a clear and imminent danger, demanding
immediateactionto prevent or mitigate loss of, or damage
t , life , health, property, or essential public services .
Emergency includes such occurrences as fire, flood,; earth-
quake , landslide or other natural disaster, as we.li as such
occurrences as riot , war, accident or sabotage .
2 . 0 "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 of historic or aesthetic signi-
ficance .
2. 10 "Environmental assessment Officer �0 F"
means the person responsible for filing all notices required
herein, for executing the provisions hereof, unless otherwise
provided herein, and for conducting the meetings of the
Environmental Review Committee (ERC) . The Cite Manager
shall designate the Environmental Assessment Officer.
. 11 "ElE" (environmental impact report ) means a
detailed statement setting forth the environmental effects
-
and considerations pertaining to a project as specified in
Section 21100 of CEQA, and may mean either a Draft or a
Final EIR.
(a) "Draft EIR" means an EIR containing the
information specified in Sections 15122 through 15131
of the State Guidelines . These requirements are
summarized in Sections 9 . 02 through 9 . 11) .
(b) "Final EIR" means an E containing the
information contained in the Draft EIR, comments either
verbatim or in summary received in the review process ,
a list of persons commenting, and the response of the
Lead Agency to the comments received (see Sections 9 . 12
through 9 .22) .
2 . 12 "EIS" (environmental impact statement) means
an environmental impact report prepared pursuant to the
National Environmental Policy Act (NEPA) .
2 . 13 "Environmental Review Committee (E ff means
a committee composed of six (6 ) members , approved by the City
Council , which shall include one representative from each of
the following: (a) Planning Division of the Community
Development Department , (b) Public Works Department , (c)
Building Division of the Community Development Department ,
(d) Community Services Department , (e ) Fire Department and
(f) City Manager' s Office , which shall function as the local
agency for the purposes of implementing the provisions of EEA
by reviewing all projects for environmental effects and by
adopting all Negative Declarations and reviewing and recom-
mending certification or noncertification of all Final EIRs .
Each member of the ERC shall select an alternate who shall
attend the meetings of said Committee in the absence of the
appointed member and be entitled to vote upon all matters
before said Committee.
2 . 14 "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 .
2 . 15 "Initial Stud " means a preliminary analysis
conducted by the City to determine whether an EIR or a
Negative Declaration must be prepared (see Article VI) . For
private projects , as defined in Sections 2 . 26 (a) (2) and (3 ) ,
the Environmental Review Form (for use by the applicant ) and
the Environmental Checklist Form (for use by the Lead Agency) ,
attached as Exhibits "I" and "J , " respectively , meet the
requirements for an Initial Study when used together. For a
City-initiated project , as defined in Section 2 . 26 (a) (1) ,
the requirements of an Initial Study will be met by use of
the Environmental Checklist Form (Exhibit "J" ) and a separate
attachment containing the following information:
(1) A description of the project , including its
location;
(2) An identification of the environmental
setting; and
(3 ) Summaries of any comments received regarding
the project .
2 . 16 "Jurisdiction by La " means the authorit-, of
any public agency ( 1) to grant a permit or other entitlement
for use, (2) to provide funding for the project in question
or (3 ) to exercise authority over resources which may be
affected by the project .
The City will have jurisdiction by law with respect
to a project when the City , having primary and exclusive
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`1M."UMM;SMI'aY"+
jurisdiction 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 environmental effects .
Where an agency having jurisdiction by lana rust
exercise discretionary authority over a project in order for
the project to proceed, it; is also a Responsible Agency or
the Lead Agency.
2 . 17 "LeadAgency" means the public agency which
has the principal responsibility for preparing nvi o ental
documents and for tarrying out or approving a project , which
may have a significant effect on the environment , where< more
than one public agency is involvedwith the same underlying
activity. Detailed criteria for determining which agency
will be the Lead .Agency for a project are contained' in
Section 15051 of the 'State Guidelines (see Article 'V)
2 . 18 "Mitigation" means avoiding the environmental
impact altogether by net taking a certain action or parts o
an action, minimizing impacts by limiting the degree or
magnitude of the action and its implementation, rectifying
the impact by repairing , rehabilitating or restoring the
impacted environment , reducing or e-liminating the impact
over time by preservation and maintenance operations during
the life of the action, or compensating for the impact by
replacing or providing substitute resources or environments .:
2 . 19 "Negative Declaration" means a statement by
the City briefly describing the reasons that a proposed
lo'-
project , although not categorically or otherwise exempt (and
thus which may have a significant effect on the environment) ,
will not have a significant effect on the environment and,
therefore, does not require the preparation of an EIR (see
Article VIII) . A form for this statement appears in the
Appendix as Exhibit "E" .
2 . 20 "Notice of CoMletion" means a brief report
filed with the Secretary for Resources 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. The contents
of this notice are explained in Section 9 . 07 . A form for
this notice appears in the Appendix as Exhibit "H" .
2 . 21 "Notice of Determination" means a ;pry f
notice to be filed by the City when it approves or deter-
mines to carry out a project which is subject to the
requirements of CEQA. The contents of this notice are
explained in Sections 8 . 06 and 9 . 17 . A form for this notice
appears in the Appendix as Exhibit "F" .
2. 22 "Notice of Exemption" means a brief .notice'
which may be filed by the City when it has approved or
determined 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 . The contents of this notice are
explained in Section 4 . 03 . A form for this notice appears
in the Appendix as Exhibit "B" .
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2 . 23 "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
E for the 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. The contents of this notice are explained in
Section 9 . 02. A form for this notice appears in the
Appendix as Exhibit "Gto .
2 . 24 "Person" includes any person, firm, associa-
tion, organization, partnership, business , trust , corporation,
company, district , county , city and county , city, town, the
State, and any of the agencies which may be political sub-
divisions of such entities .
2 . 25 "Planning Department" means the Department
of Planning and Community Development of the City of Redlands ,
California.
2 . 26 "Project . "
(a) "P�e�ct" 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:
(1) An activity directly undertaken by the
City including but not limited to public works
construction and related activities , clearing or
grading of land, or improvements to existing
public structures .
(2) An activity involving the issuance to a
person of a lease, permit , license, certificate,
or other entitlement for use by one or more public
agencies , or which is supported, in whole or in
part , through contracts , grants , subsidies , loans
or other forms of assistance by the City.
(3) A discretionary project proposed to be
carried out or approved by the City , including but
not limited to the enactment and amendment of
local General Plans or elements thereof, the
enactment of zoning ordinances , the issuance of
zoning variances , the issuance of conditional use
permits and the approval of tentative subdivision
maps .
Private projects will normally be those listed in
Subsections (a) (2) and (3 ) of this Section.
(b) "Project" does not include :
(1) Anything specifically exempted by state
law.
(2) Proposals for legislation to be enacted
by the State Legislature .
(3 ) Continuing administrative or maintenance
activities , such as purchases for supplies , personnel
related actions , emergency repairs to public
service facilities , general policy and procedure
making (except as applied to specific instances
covered above) , feasibility or planning studies .
(4) The submittal of proposals to a vote of
the people of the State or of a particular community .
(5) The closing of a public school and
transfer of students to other facilities where the
resulting physical changes are categorically
exempt.
The term "Project" refers to the activity which is
being approved and which may be subject to several discre-
tionary approvals by governmental agencies . The term "project"
does not mean each separate governmental approval.
2 .27 "Res2onsible A&tncf' means a public agency
which proposes to carry out or approve a project for which a
Lead Agency has prepared the environmental documents . For
the purposes of C :QA,, the term "Responsible Agency" includes
all federal, state, regional and local public agencies other
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than the Lead Agency which have discretionary approval power
over the project .
2 . 28 " ignsficant' Effect" means a substantial , or
potentially substantial , adverse change in any of the physical
conditions within; the area affected by the activity including
land, air, grater, minerals, flora,, fauna, ambient noise, and,
objects of historic or aesthetic significance A social or
economic change related to a physical change may be considered
in determining whether the physical change is significant ;
2. 29 "Staff" means the Environmental Assessment
Officer ('EA ); or his or her designate .
2 . 30 "State EIS. Guidelines" means the Guidelines
for Implementation of the California Envir nmenta.i uual ty
Act as adapted by the Secretary for the California Resources
Agency as they now exist or hereafter may be amended. 14
Cal. Admin. Code Section 1 000 et seq .
2 . 31 "Substantial Evidence" means reliable infor-
mation on which a fair argument can be based to support an
inference or conclusion, even though another conclusion
could be drawn from that information.
2 . 32 "Tiering" means the coverage of general
matters in broad scope or program EIRs , with subsequent
narrower environmental documents (such as site-specific
E s ) incorporating by reference the general discussions and
concentrating solely on the issues specific to the environ-
mental document subsequently prepared (see Article XIV) .
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..........
.1,4-,,
2 . 33 "Trustee Agency'' means a state agency having
jurisdiction by law over natural resources affected by a
project which are held in trust for the people of the State
of California. 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 Parks and Recreation
with regard to units of the State Park System.
(d) The University of ralifornia with regard to
sites within the Natural Land and Water Reserve System.
2 . 34 "Zoning Approval" means any enactment ,
amendment , or repeal of a zoning ordinance; granting of a
conditional use permit or variance; or any other form of
land use, subdivision, tract , or development approval
required from the city or county having jurisdiction to
permit the particular use of the property.
111 . EXEMPTIONS
3 . 01 Exemptions in General.. CFA and the State
FIR Guidelines exempt certain activities from the require-
ments of CEQA, and provide that local agencies shall further
identify and describe certain of the exemptions . The require-
ments of CEQA and thus the obligation to prepare an EIR or a
Negative Declaration do not apply to the exempt activities
set forth in the following sections of this Article .
Magf@,,g
,
M,4wl
3 . 02, No Possibility oLL&nif cant Effect . Where
it can be seen with absolute certainty that there is no
possibility` that the activity in question may have a
significant effect on the environ:aient , the activity is
exempt •
Not a Project if the proposed activity
does not crime within the definition of "iproj-ect`� contained
in Section, 2 . 26 , it is exempt . The definition o "project
specifically excludes the submittal of proposals to a vote
of the people , such continuing administrative or maintenance
activities as purchases for supplies , personnel-'related
actions , emergency repairs to public service facilities
general policy and procedure Making; and feasibility ur
planning studies , among others ..
3 .04 California Constitution Article X II.A-Related
Lrojects.. Projects undertaken prior to January 1 , 1952 , to
implement the transition to the property tax system provided
for by Article XIIIA of the, California Constitution are
exempt . This exemption shall be limited to projects:: defined
in Section 2 . 26(a) (1) of these Procedures which initiate or
increase fees , rates , or charges charged for any existing
public service, program, or activity ; reduce or eliminate
the availability of an existing public service program or
activity; close publicly owned or operated: facilities ; or
reduce or eliminate the availability of an existing publicly
owned transit service program or activity .
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30 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 Negative
Declaration prepared for his project prior to the City ' s
disapproval of the project .
3 . 06 Early Activities Related to Thermal Power
Plants . CECA does not apply to actions undertaken by the
City relating to any thermal power plant site or facility ,
including the expenditure, obligation or encumbrance of
funds for planning, engineering or design purposes , or for
the conditional sale or purchase of equipment , fuel , water
(except ground water) , steam or power for such a thermal
power plant , if the thermal power plant site and reiared
facility will be the subject of an EIR or Negative Declara-
tion or other document or documents prepared pursuant to a
regulatory program certified pursuant to Public Resources
Code Section 21080 . 5 , which will be prepared by:
(1) The State Energy Resource.s< onservation and
Development Commission,
(2) The Public Utilities Commission, or
(3 ) The city or county in which the power plant
and related facility would be located.
The EIR, Negative Declaration or other document
prepared for the thermal power plant site or facility docu-
ments shall include the environmental impact , if any , of the
action described in this section.
3 . 07 Emer enc Projects . The following types of
emergency projects are exempt from the requirements of CEQA:
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(1) Work in a disaster-stricken area in which
state of emergency has been proclaimed by the Governor
pursuant to Section 80 of the Government Code .
( ) Emergency repairs to public service facili-
ties
ac li-ties necessary to maintain service;.
(3 ) Projects necessary to prevent or mitigate an
emergency.
The term "emergency" is defined in Section 2. 08 .
3 .08 Feasibility axed Planning Studies . A project
which involves only feasibility or planning studies for pos-
sible future actions which the City has not yet approved,
adopted or funded is exempt from the requirements of CA.
3.09 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 mandate , i
exempt from the requirements of CEA A ministerial project`
is one in which the City officer or employee cast act without
regard to, personal judgment or opinion concerning the
propriety or wisdom of the act;. The decision as to whether
or not a Proposed project is ministerial in nature may
involve or require, to some extent , interpretation of the
language of the legal mandate , and should be made on a
case-by-case basis . However, ministerial terial rojects are
hereby determined to include , but not be limited to:
( 1) Issuance of business licenses ,
( .) Approval of final subdivision maps and final
parol. raps
(3 ) Issuance of building permits
1
(4) Issuance of licenses ;
(5 ) Issuance of a permit to do street work;
(6) Approval of individual utility service
connections and disconnections .
Where a project involves an approval that contains
elements of both a ministerial action and a discretionary
action, the project will be deemed to be discretionary and
will be subject to the requirements of CEQA.
3 . 10 On oing Projects . The detailed requirements
which describe an ongoing project are set forth in Section
15261 of the State EIF. Guidelines . Such projects are exempt .
3 . 11 Rates , Tolls , Fares and Char es . The estab-
lishment , modification, structuring, restructuring or approval
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 .
(1) Meeting operatir.g expenses , including employee
wage rates and fringe benefits ;
(2) Purchasing or leasing supplies equipment or
materials ;
(3 ) Meeting financial reserve needs and require-
ments ;
(4 ) Obtaining funds for capital projects necessary
to maintain service within existing service areas .
When the City determines that one of the aforementioned
activities pertaining to rates , tolls , fares or charges is
exempt from the requirements of CEQA, it shall incorporate
written findings in t1he record of any proceeding in which
such an exemption is claimed setting forth with specificity
the basis for the claim of exemption.
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i
3 . 12 Trans ortation Im 'rovement_ Programs . Projects
are exempt which are related to the development of a regional
transportation improvement program or the state transportation
improvement program; to the institution or increase of
passenger or commuter service on rail lines already in use,
including the modernization of existing stations and parking
facilities ; to the institution or increase of passenger or
commuter service or high-occupancy vehicle lanes already in
use , including the modernization of existing stations and
parking facilities ; and to facility extensions not to exceed
four miles in length which are required for transfer of pas-
sengers from or to exclusive public mass transit guideway or
busway public transit services .
.3 . 13 Categorical Exft tions .. The State EIR
Guidelines establish certain classes of cat-egorical exemptions
These apply to classes of projects which have been determined
not to have a significant effect on the environment and
which, therefore, shall be exempt from CEQA. The ERC may
not rewire 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 .
The exemptions of Glasses 3 , 4 , 5 , 6 and 1.1 below
are qualified in that such projects must be considered in
light of the location of the project . A project that i
ordinarily insignificant in its impact on the environment
may, in a particularly sensitive environment , be significant
Therefore, these classes are considered: to apply in all
-2 -
instances except where the project may impact on an environ-
mental resource of hazardous or critical concern which is
and officially adopted pursuant
designated, precisely mapped.
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 (a) the cumulative impact of successive
projects of the same type in the same place over time is
significant (for example, repeated additions to an existing
building under Class 1) or (b) there is a reasonable
possibility that the activity will have a significant effect
on the environment due to. unusual circumstances .
Note: 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 in mind, the
following exempt classes may apply to activities of the
City:
(1) Class 1--Existing Facilities . Operation,
repair, maintenance or minor alteration of all existing
City facilities , structures , equipment or other property
of every kind, which activity involves negligible or no
expansion of use beyond that previously existing,
including but not limited to :
(a) Water distribution and transmission
mains , together with all appurtenances ;
(b) Service connection facilities , including
meters and wholesale service connections ;
(c) Fire hydrants , fire stations and all
other permanent fire fighting facilities , including
fire stations ;
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(d) Storage reservoirs ;
(e) Wells , pump stations and diversion
facilities ,
(f) dater treatment facilities ;
(g) Aqueduct connections
(h) Telemetering and other electrical
equipment ;
(i) Electric power facilities , lines and
appurtenances ;
J ) Sewerage collection and transmission
mains , pumps and appurtenances ;
( ) Sewage treatment- plants and facilities ,
including ponds ;
(1) Buildings and service roads
(m) Additions to existingstructures , pro-
vided that the addition will not result; in an
increase of more than (1) fifty percent of the
floor area of the structure before the addition or
alteration or 2, 504 square feet , whichever is
less , or (2) 10 ,000 square feet if (a) the project
is in an area where all public services and faci-
lities are available to allow for maximum develop-
ment permissible in the General Plan and (b) the
area in which the project is located is not
environmentally sensitive ;
n) Highways and streets , sideways , gutters ,
bicycle and pedestrian trails , and similar facili-
ties except where the activity* will involve removal;
of a scenic resource including; a stand of trees ,, a
racy outcropping, or an historic building;
(o) Restoration or rehabilitation of deterio-
rated or damaged structures , facilities or mechanical
equipment to meet current standards of public
health and safety , unless it is determined that
the damage was substantial and resulted from an
environmental hazard such as earthquake , landslide
or flood;
(p) New copy on existing signs ;
_ _
(q) Addition of safety or health protection
devices for use during construction or in conjunction
with existing structures , facilities , or mechanical
equipment , or topographical features where these
devices do not have or result in an adverse environ-
mental impact ;
(r) Maintenance of existing landscaping,
native growth, and water supply reservoirs
(excluding the use of economic poisons , as defined
in Division 7 , Chapter 2 , California Agricultural
Code ) ;
(s ) Conversion of existing multiple family
rental units into condominiums ;
(t ) Demolition and removal of individual
small structures of the type listed below, except
where the structures are of historical , archaeo-
logical, or architectural consequence as
officially designated by federal , state , or local
government action:
(i) Single-family residences , if not in
conjunction with the demolition of two or
more units ;
(ii) Motels , apartments and duplexes
designed for not more than four dwelling
units , if not in conjunction with the
demolition of two or more such structures ;
(iii) Stores , offices and restaurants if
designed for an occupant load of twenty
persons or less , if not in conjunction with
the demolition of two or more such structures ;
(iv) Accessory (appurtenant ) structures
including garages , carports , patios , swimming
pools and fences .
(u ) Conversion of a single family residence
to office use .
(v) The conversion of existing commercial
units in one structure from single to condominium
type ownership .
(2) Class 2--Replacement or Reconstruction.
Replacement or reconstruction of any City facilities ,
structures , or other property where the new facility or
structure will be located on the same site as the
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replaced or reconstructed facility or structure and
will have substantially the same purpose and capacity
as the replaced or reconstructed facility or structure,
including but not limited to Subsections (a) through
(v) of Class 1 above .
(3) Class 3- -New Construction or Conversion of
Small Structures . Construction of limited numbers of
small , new facilities 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 numbers of
structures described in this section are the maximum
allowable within a two-year period. Examples of this
exemption include but are not limited to:
(a) Single- family residences , if not in con-
junction with the building of two or more such
units ;
(b) Apartments , duplexes and similar struc-
tures , with not more than four dwelling units if
not in conjunction with the building of two or
more such structures ;
(c) Stores , motels , offices , restaurants and
similar small commercial structures not involving
the use of significant amounts of hazardous sub-
stances , if designed for an occupant load of
thirty persons or less , if not constructed in
conjunction with the building of two or more such
structures ;
(d) Water main, sewage , electrical , gas , and
other utility extensions of reasonable length to
serve such construction;
(e) Accessory (appurtenant) structures
including garages , carports , patios , swimming
pools and fences .
(4) 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 , including but not limited to :
(a) Small water diversion facilities ;
(b) Grading on land with a slope of less
than ten percent except where it is to be located
in a waterway, in any wetland, in any officially
designated by federal , state , or local governmental
action) scenic area, or in officially mapped areas
of severe geologic hazard;
(c) New gardening or landscaping, but not
including tree removal ,
d Filling of earth into previously excavated
land with material compatible with the natural-
features of the site;;
e) Minor alterations in land, water, and
vegetation on existing officially designated
wildlife management areas or fish production.
facilities which result in improvement of habitat
for fish and wildlife resources or greater fish
production;
(f Minor temporary uses of land having
negligible or no permai—nt effects on the: environ
rent , including carnivals , sales of Christmas
trees , etc. ;
(g) Minor trenching and backfilling where
the surface is restored;
h) Maintenance dredging where the spoil
is deposited in a spoil area authorized by all
applicable state and federal regulatory agencies .
(i) The creation of bicycle lanes on existing
rights-of-way;
5 ) Class 5- -Minor Alterations in Land Use
Limitations , Minor alterations in land use limitations
in areas with an average slope of less than % slope
which do not result in any changes in land use o
density, including but not limited to issuance of minor'
encroachment ;permits , minor lot line adjustments , side
yard and set backvariances not resulting in the
creation;; of any new parcel and reversion to acreage in
accordance with the Subdivision Map Act.
(6 ) 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 environmental resource,
including well- level measurements , water quality samples
and measurements , and stream gauging. These activities
may be undertaken strictly for information.-gathering
purposes or as a part of a study leading toward the
undertaking of a project .
5-
•` � �«'"..��'� k.`�`a,�'�.. s�'���""�"�,`��"` .,.�"'.� ��.` A.ra„:n ."`'ifs:`�'`�.°';/:"�i� ���,� '','���z,�`",'�'.'a�... � �"§,',':,� ,.t. .°ar; .` ,w",.. .,. «,�,->: ..
[Dote; Classes 7 and 8 are not applicable to the
City. ]
( ) Class - -Inspection. Inspection activities ,
including but not limited to inquiries into the perfor-
mance of an operation and examinations of the quality,
health, or safety of a project .
[Dote: Class 10 is not applicable to the City. ]
(S ) Class 11_,x, Accessor,° Structuress 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 gen-
erally the same locations from time to time in publicly
owned parks , stadiums or other facilities designed for
public use.
( ) Class 12--Surplus Government Property Sales .
Sales of surplus government property, except for certain
parcels of land located in an area of statewide , regional
or areawi,de concern. (see State Guidelines Section.
15206 (b) . )
(10) Class 13--Acquisition of Lands__for Wildlife
Conservation Pur2oses . Acquisition of lands for fish
and wildlife conservation purposes , including habitat
preservation, and preserving access to public Sands and
waters where the purpose of the acquisition is to pre-
serve the land in its natural condition.
[Note . Classes 14 and 15 are not applicable to the
City,.
(11) Class 16- -Transfer of Ownershi cif 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 contains historic sites or archaeological
sites and either
(a) The management plan for the park has not
been prepared, or
(b) The management plan proposes to keep the
area in a natural condition or preserve the historic
or archaeological site.. (CCQA will apply when a
management plan is proposed that will change the
area from its natural condition or significantly
change the historic; or archaeological site . )
-2 -
(12) Class 17--C7en 82ace 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 exemption.
(13 ) Class 18- -Designation of Wilderness Areas .
Designation of wilderness areas under the California
Wilderness System.
(14) Class 19--Annexations of Existing Facilities
and Lots for Exempt Facilities . Consists of only the
following annexations :
(a) Annexations to the City of areas con-
taining existing public or private structures
developed to the density allowed by the current
zoning or pre-zoning of either the gaining or
losing governmental agency , whichever is more
restrictive; provided, however, that the extension
of utility services to the existing facilities
would have a capacity to serve only the existing
facilities .
(b) Annexations of individual small parcels
of the minimum size for facilities exempted by
Class 3 .
(1 5 ) Class 20--Changes in OrSani zation of Local
Agencies . Changes in the organization of local govern-
mental agencies where the changes do not change the
geographical area in which previously existing powers
are exercised. Examples include but are not limited
to :
(a) Establishment of' a subsidiary district ;
(b) Consolidation of two or more districts
having identical powers ;
(c) Merger with the City of a district lying
entirely within the boundaries of the City.
(16) Class 21- -Enforcement Actions by Regulatory
h, ci�es . 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. Such actions include but are
not limited to the following:
-27-
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(a) The direct referral of a violation of
lease , permit , license , certificate , or entitlement
for use or of a general rule , standard, or objective
to the Attorney General , District Attorney or City
Attorney, as appropriate, for judicial enforcement;
(b) The adoption of an administrative
decision or order enforcing or revoking the lease ,
permit , license , certificate , or entitlement for
use or enforcing the >general rule , standard, or
objective .
(c) Criminal law enforcement activities by
peace officers.
Construction activities undertaken by the City
taking the enforcement or revocation action are not
included in this exemption.
[Mote: Class 22 is not applicable to the City. ]
(17) Class 23--Normal Operations of Facilities
for public Gatherings Continued or repeated normal
operations of existing facilities for public gatherings
for which the facilities were designed, where there is
a past history , of at least three years , of the facility
being used for the same or similar purposes . F'acil'ities;
included within this exemption include, but are not
limited to racetracks stadiums , convention, centers ,
auditoriums , amphitheaters , planetariums , swimming
pools and amusement parks .
(1 8) Class 4- Regulation of Working Conditions .
Actions taken by the City to regulate any of the
following.
(a) Employee wages
(b) Fours of work; or
(c ) Corking conditions where there will be
no demonstrable physical changes outside the place
of work.
(1 Class 25- -Transfers of Ownership of Interest
in Land to Preserve Open 8 ace. . 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 the existing natural conditions or
allow continued agricultural use of the areas ; acquisi-
tion
c a si-tion to allow restoration of natural conditions or
prevent encroachment of development into floodplains-.
-28 -
(20) Class2 --Ac uisition of Housing--for Housing
Assistance ProErams . Actions by a redevelopment agency,
housing authority or other public agency to implement
an adopted housing assistance plan by acquiring a
interest in housing units . The housing units may be
either in existence' or possessing all required permits
for construction when the agency makes its final
decision to acquire the units
(21) Class 27--LeasinE New Facilities . Leasing
of a newly constructed or previously` unoccupied
privately-owned facility by a local or state agency 4
where the City determines that the building is exempt
from CEA To be exempt under this section, the
proposed use of the; facility.
(a) Must conform to existing state plans and
policies and with general , community and specific
plans .for which an EIR or a Negative Declaration
has been prepared,
b) Shall> be substantially the same as that
originally proposed at the time the: building
permit was issued;
(c) Shall not result in traffic increase of
greater than 10% of front access road capacity;
and
d) Shall include the provision of adequate
employee and visitor parking facilities .
Examples of such leases covered by this exemption.
include: but are not limited to the leasing of administra-
tive offices in; newly constructed office space , leasing
of client service offices in newly constructed retail
space and, leasing of administrativeand/or client
service offices in newly constructed industrial parks .-
[Note: Classes 25 and 29 , relating to small hydroelectric
and cogeneration projects are generally inapplicable to
the City . ]
IST, PRELIMINARY ENVIRONMENTAL REVIEW PROCEDURES
1 preliminary Envi-�~,'-_uenta,l Assessment . Upon
commencing its environmental review of a proposed project
_2 -
Chi'"'?t�`„4:;r�da����$a ! a`�""s4✓3r°;i�`�..r `r,a§ �,r,},'.�v%kY�Y.;t�Sr^"sires.'.£���-.«'at��!4�3�i'� '�;fi:�' `t`TC�^io-�.5.sA Ckm"�.z''.�' .. `'x.3�'iszz,"���°�k",� ,s°"'�.��i .ws;'.�,S�t�;.,': ,s ���aR?,u� :'��ik`, `v;,..",`,�_ .`.. 3�4k',.."„Y .:SE"..: Ywrt,:s. ,saz�a�,�ka,.,..r.re .....,..,...-.
Fi
Staff shall first examine the proposed activity for the pur-
pose of determining whether it is exempt from the require-
ments of CEQA pursuant to any of the exemptions set forth in
,article III, If in the judgment of Staff a proposed activity
is exempt under one of the listed exemptions , Staff shall se;
find on the form entitled "Preliminary Environmental Assess-
ment" (attached as Exhibit "A") , unless such activity is
otherwise declared by the ERC not to require a written
assessment
If , in the judgment of Staff, the proposed activity
does not fall; within one of the exempt categories , Staff`
shall proceed with the project evaluation process as
hereinafter outlined:.
4 . 02 Retention of Preliminary Environmental Assess-
ment Form; Availability for Inas ection, The Preliminary
Environmental assessment shall be retained at City Hall as
part of the usual record-keeping process , and it shall.: be
made available for public inspection during all regular City
office hours .
4 . 033 Notice of Execs tion; Statute. of Limitations .
At the discretion of the City,, a "Notice of Exemption" may
be filed with the County Clerk in accordance with Sections
1537 + and 150162 of the State Guidelines . This notice
relates to a project which the City has approved or deter-
mined to carry out, and which has been determined by the ERG
to be exempt from the requirements of CEQA. Such notice
shall be in the general form set forth in Exhibit "B" .
_30-
The filing of a Notice of Exemption starts a
thirty-five (35 ) day statute of limitations on legal
challenges to the City' s decision 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 .
V. LEAD AGENCY DETERMINATION
5 . 01 Lead Agency Principle ; Selection of Lead
Agency . Where a project is to be carried out or approved by
more than one public agency, one agency shall be responsible
for preparation of environmental documents . Such agency is
designated as the Lead Agency . In determining which public
agency is the Lead Agency , Staff shall consider, among
others , the following factors :
(1) The Lead Agency is the public agency with the
greatest responsibility for supervising or approving
the project as a whole and considering the effects ,
both individual and collective , of all activities
involved in a project .
(2 ) The Lead Agency generally is the public
agency with general governmental powers , rather than an
agency with single or limited purposes , which is
involved with the project by reason of the need to
provide a service to the project .
(3 ) When any property to be served by the City
requires a zoning approval , the city or county having
jurisdiction shall be the Lead Agency .
(4) Where the City has pre- zoned an area, the
City will be the appropriate Lead Agency for any
subsequent annexation of the area and usually should
prepare the required environmental documents at the
time of pre zoning . The City shall consult with the
Local Agency Formation Commission and the environmental
-31-
* ��, ,•,`�< ,�. ;. i�"`?'M'"'"s"n".wBtG�' "w�» :r'�"t�:,''".�u? �u.`�'a�rois�a� � :a^ Ivryzsarzru.. ,,:.�„<sw=.n:.. .w - ., .. _...
documents shall include the comments of the Local
Agency Formation Commission..
(5 ) Cohere the provisions of Subsections (1)
through ( ) leave two or more public agencies with a
substantial claim to be the Lead ,Agency , the public
agencies may by agreement designate one agency as the
Lead Agency or may provide for cooperative efforts by
two or more agencies , joint exercise of powers , or
similar devices ..
5 . 02 Shift in Lead Agency Res onsibilities .
Cohere a Responsible agency is called upon to grant an
approval for a project subject to CEQAfor which another
agency was the appropriate Lead. Agency, the procedures
outlined in Section 9 . 18 shall be followed.;. (See also
Section 15096 .of the State Guidelines . ) The Responsible
Agency shall act as Lead Agency if:
(1) The Lead Agency did not prepare any environ-
mental documents- for the project , and the statute of
limitations has expired for a challenge to the action
of the appropriate Lead Agency.
( ) The Lead Agency prepared environmental docu-
ments for the project , but the; following conditions
occur: (a) A subsequent or supplemental E1R is required
pursuant to Section 15162 of the State Guidelines (see
Article l) , (b) the Lead Agency* has granted a final
approval for the project ; and (c): the statute of
limitations for challenging the Lead Agency ' s action
under CEQA has expired.
( ) The Lead. Agency prepared inadequate environ-
mental documents without consulting with the Responsible
Agency as required. by Section 15482 of the State Guide-
lines and the statute of limitations has expired for a
challenge to the action of the appropriate; Lead Agency.
5 . 43 Providin lata to Lead A enc Whenever a
determination is wade that another public agency constitutes
the Lead Agency, the City shall provide data, upon written
request of the Lead Agency, concerning all aspects of the
City' s activities required to furnish service to the project .
If the project is private , Staff may require the developer
to provide such information as may be required and to
reimburse the City for all costs incurred by it in reporting
to the Lead Agency. .
VI. INITIAL STUDY PROCEDURES
6 . 01 Undertakina, of Initial
Submission of Data; Costs . Upon determining that an activity
constitutes a Project which is not exempt hereunder and that
the City is the Lead Agency , an initial Study shall be
undertaken by Staff for the purpose of ascertaining wnether
there is any substantial evidence that an aspect of the
project may have a significant effect on the environment ;
that is , to ascertain whether the effects , if any, of the
project may have a substantial adverse effect on the
environment , regardless of whether the overall effect of the
project is adverse or beneficial . (See Section 2 . 31. ) All
phases of project planning, implementation and operation
must be considered in the Initial Study.
When an Initial Study must be undertaken, the
determination as to who shall collect all data and infor-
mation required by the City shall be made as follows :
(1) City Projects . As to projects defined in
Section 2 . 26 (a) ( 1) of these Procedures , the Initial
Study shall be undertaken by Staff or by private
experts pursuant to contract with the City.
-33-
v }RAS,,eui'm��::X�'Etk.'s'"'?%�a`"r,u�ttv§,u{.<: 5,ii3.tit"fb `£�iiv"iss'`kSv'�"M.kY,?.',s","z�'::. ':Y.X..Ft,=<Zx,t"'SSL,f> wi.�„3-°sSX"�'kit'=�F,�:a-^,;3j�'jy�,9,5i`✓£¢'d'n..af.K'�"2tp"r'i�„kri""`..vY.�'NJeE:Yf+eY...iN}iuk�S.1+�'t%'iiRia:;iii&d'w};"„'?1��.:uR'fi"a.-v2v�h..i:.k?..':Y3x.tz+rb"r:.5u uia#SmYs;'i+a;,YrarSw'Yaks+Y."v.+..,uka^.'F'k'.ax3.aaS.re,taa.3Nti^*�erxrs
( ) Private Projects , As to projects defined i
Sections 2 . (a) and ) , the person or entity
proposing 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 , Such data and:
information shall consider all factors enumerated in
Section 6 .07 below. All costs incurred by the City in
reviewing the data and information submitted by said
person or entity;, or in conducting its cera investi-
gation based upon such data and information for the
purpose of determining whether the proposed project may
have a significant effect on the environment , shall be
borne by the person or entity proposing to carry out
the project
Certain time limits for private projects are ;set'
:forth in Sections 15100- 15111 of the State Guidelines
and will:: be specifically applied by the City on an
individual project basis .
To meet the requirements of this Section the Lead
Agency may use: an Initial Study prepared pursuant to the
National Environmental.. Policy Act .
6 .02 Early Consultation. When more than one
public agency will be involved in undertaking or approving a
project , the City as Lead Agency shall consult with all
Responsible Agencies , all Trustee Agencies , and all
interested individuals and organizations of which the City
reasonably is aware. Such consultation shall be undertaken
as part of the InitialStudyprocess prior to determining
whether an EIR or 'Negative Declaration is required for the
project .
This early consultation , which may be done quickly
and informally, is designed to insure that the EIR or Nega-
tive Declaration will reflect the concerns of all Responsible
Agencies which will issue approvals for the project , all
- -
Trustee Agencies responsible for natural resources affected
by the project , and all reasonably ascertainable individuals
and organizations with an interest in the project . The
Office of Planning and Research, upon request of the City ,
shall assist the City in identifying the various Responsible
Agencies for a proposed project . In the case of a 'private
project defined in Sections 2 . 26 (a) (2) and (3 ) , such a
request may also be made by the project applicant .
If during the early consultation process it is
determined that the project will clearly have a significant
effect , the City may immediately Aispense with the Initial
Study and determine that an EIR is required.
6 .03 Purposes of Initial Study . The pur-poses of
an Initial Study are to :
(1) Identify environmental impacts ;
(2) Enable an applicant or Lead Agency to modify
a project , mitigating adverse impacts before an EIR is
written;
(3 ) Focus an EIR, if one is required, on poten-
tially significant environmental effects ;
(4) Facilitate environmental assessment early in
the design of a project ;
(5 ) Provide documentation of the factual basis
for the finding in a Negative Declaration that a project
will not have a significant effect on the environment ;
(6 ) Eliminate unnecessary EIR' s .
6 . 04 Contents of Initial Study; Forms . An Initial
Study shall contain in brief form:
(1) A description of the project , including the
location of the project ;
- 5-
(2) An identification of the environmental setting;
(3) An identification of environmental effects by
use of a checklist , matrix, other method;
(4) A discussion of ways to mitigate any signi-
ficant effects identified;
(5) An examination of whether the project is com-
patible with existing zoning and plans ;
(6 ) The name of the person or persons who pre-
pared or participated in the Initial Study;
(7 ) A summary of any comments regarding the
project received from Responsible Agencies or other
persons .
(8 ) Identification of prior EIRs or environmental
documents which could be used with the project .
For a discussion regarding the appropriate forms
to use to satisfy the requirements of an Initial Study , see
Section 2 . 15 .
6 . 05 Use of Initial Study. The Initial Study
shall be used to determine whether a Draft Negative Declara-
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. A project may be revised in
response to an Initial Study so that potential adverse
effects are mitigated to a point where no significant
environmental effects would occur. If so , a Negative
Declaration should be prepared. If any significant effect
may still occur, despite alterations of the project , an EIR
must be prepared.
- 36-
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 EI R should be required.
(b) Whether both primary (direct ) and secondary
(indirect ) consequences of the project were evaluated.
Primary consequences are immediately related to the
project , while secondary consequences are related more
to the primary consequences than to the project itself .
For example , secondary impacts upon the resource's base ,
including land, air, water and energy use of an area,
may result from population growth, a primary impact .
(c) Whether adverse social and economic changes
will result from a physical change caused by the project .
Adverse economic and social changes resultiz-,g f--t,-n 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 .
(0) Whether there is serious public controversy
or disagreement among experts over the environmental
effects of the project . If so , an EIR shall be prepared.
(e) Whether the project meets existing standards
for air emissions and water discharges of a particular
pollutant . If so , it may be presumed that the discharge
will not create a significant environmental effect ,
absent information to the contrary .
(f) Whether any of the consequences listed in the
Appendix in Exhibit "K" will occur.
6.06 Mandato indings of Significant 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:
-37-
(1) The project has the potential: to degrade the
duality 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 impor-
tant examples of major periods of California history or
prehistory.
(2) The project has the potential to achieve
short-term environmental goals to the disadvantage of
long-term- environmental goals ,
( ) The project has possible environmental effects
which are individually limited but cumulatively consider-
able. As used in this subsection, "cumulatively con-
siderable"
on-s derable" means that the incremental effects of an
individual project are considerable when viewed in:
connection with the effects of past projects , the
effects ofother current pro.lects and the effects of
probable future projects .
(4) The environmental effects of a project will
cause substantial adverse effects on human oeiies ,
either directly or indirectly .
VII AN OVERVIEW OF PROCEDURES FOR STAFF RECOMMENDATION
AND ERC ACTION FOLLOWING INITIAL STUDY
7 . 31 Environmental IT act Ass'essient ; Time Limita-
tions for Private Projects . Based upon; its Initial Study;
Staff shall submit its recommendation to the ERC as to
whether a proposed project may or will not have a significant
effect on the environment .. Such recommendation shall be
made in writing substantially in the farm of the Environmental
Impact Assessment (attached as Exhibit "C")
With respect to private projects as defined in
Sections 2 .2 (a) (2)> and (3 ) , staff shall determine whether
_ B-
the application for a project is complete within 30 days of
receipt . Staff ' s initial determination as to whether a
Negative Declaration shall be adopted or whether an EIS,
shall be required shall be made within 45 days from the date
on which an application for a project has been received and
accepted as complete by the City.
7 . 02 Staff Recommendation of Adoption of Nf�Bative
Declaration. When Staff recommends the adoption of a Negative
Declaration to the ERC . Staff shall follow the procedures
for preparing and publishing a Notice of the Preparation of
a Draft Negative Declaration, set forth in Article VIII•.
7. 03 Action by ERC. If, pursuant to the procedures
in Section 8 . 03 , the ERC finds that the proposed project
will not have a significant effect on the environment , it
shall adopt the Negative Declaration. If, on the other
hand, the ERC finds that the proposed project may have a
significant effect on the environment , it shall order the
preparation of a Draft EIFS and the filing of a Notice of
Preparation of a Draft EIR in accordance with the provisions
of Section 9 . 02 .
7 . 04 City Determination Final . The City as Lead
Agency shall have the responsibility for determining whether
an EIS, or a Negative Declaration shall be required for any
project . The City' s determination shall be final and con-
clusive on all persons , including Responsible Agencies and
Trustee Agencies , except as provided in Section 15050(c) of
the State Guidelines .
-39-
VIII . PREPARATION AND ADOPTION OF NEGATIVE DECLARATION
8 . 01 Notice of Preparation of Traft Negative
Declaration. When Staff, based upon its Initial Study,
recommends to the ERC in its Environmental Impact Assessment
the adoption of a Negative Declaration, a Notice of Prepara-
tion of Draft Negative Declaration (attached as Exhibit "D" )
shall be provided to the public and to all Responsible
Agencies at least ten ( 10) days prior to the final adoption
of the Negative Declaration by the ERC. The noticed review
time shall be long enough to provide members of the public
with sufficient time to respond to the proposed finding
before final adoption of the Negative Declaration, and the
City shall further comply with the special requirements of
Sections 15205 , 15206 , 15207 and 15202 of the State Guide-
lines , if applicable .
Staff shall cause a copy of said notice, the Draft
Negative Declaration and the Initial Study to be filed with
the Planning Director and to be posted at City Hall and made
available for public inspection at the office of the Planning
Department . Notice shall be given by mail to all organiza-
tions and individuals who have previously requested such
notice and by at least one of the following procedures :
( 1) Publication, no fewer times than required by
Section 6061 of the Government Code , in a newspaper of
general circulation in the area affected by the proposed
project .
(2) Posting of notice on and off site in the area
where the project is to be located.
-40-
(3 ) Direct mailing to owners of property contiguous
to the project , as such owners are shown on the latest
equalized assessment roll .
8 . 02 Comments by Responsible Agenc,ies . Responsible
Agencies should review and comment on Draft Negative Declara-
tions for projects which the Responsible Agency would later
be asked to approve. Comments should focus , among other,
things , on the appropriateness of using a Negative Declara-
tion, and should be as specific as possible .
8 .03 Adoration of Negative Declaration; City
A2proval or Disa22roval of Project , Following the filing
and posting of the Notice of Preparation of a Draft Negative
Declaration at City Hall , but in no event sooner than ten
(10) days following the date of such filing and posting, it
may be presented to the ERC at a regular or special meeting .
If the ERC finds that the project will not have a significant
effect on the environment it may adopt the Negative Declara-
tion.
After adoption of a Negative Declaration by the
ERC , the Planning Commission or City Council , as appropriate ,
may consider the project for purposes of approval or dis-
approval . Prior to recommending or approving the project ,
the Planning Commission or City Council , or both, as appro-
priate, shall consider the Negative Declaration together
with any comments received during the public review process ,
and shall approve or disapprove the Negative Declaration.
In making a finding as to whether there is any substantial
-41-
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evidence that the project will leave a significant impact ,
the factors listed in Section 6 . 05 should be considered.
Members of the public are encouraged to appear
before these bodies and present their views prior to the
determination to approve or disapprove the project .
8 .04 Contents . A Negative Declaration must be
prepared directly by or under contract to the Lead Agency
and should generally be in the forth attached as Exhibit f"E"
It shall contain the following information:
( 1) A brief description of the project proposed,;
including; any commonly used name for the project ,
if any.
( ) The location of the project and the name of
the project proponent .
(3) A finding that the; project as proposed will
not have a significant effect on the environment .
(4) An attached copy of the Initial Study document-
ing reasons to support the finding.
(5 ) Mitigation measures , as described in Section
1537 (x , (c) or (d) of the State Guidelines (see
Section 2 . 18 ) , if any, included in the project to avoid
potentially significant effects .
8 . 05 Time Limit for Grim letion and Adoption of
Negative Declaration. As to private projects as defined in
Sections 2 . 26 (a) (2 ) and (3 ) , the Negative Declaration shall
be completed and adopted by the ERC no later than 105 days
from the date on which an application requesting approval of
a project , containing ,all data and, information as may be
required by the City , is received and accepted as complete
by the City. "Completion." of a Negative Declaration within
the 105-day period shall include the conduct of the Initial
-42-
Study , public review and the preparation of a document ready
for approval by the City Council or Planning Commission, as
appropriate . Completion within the 105-day period does not
include the approval of the Negative Declaration by the City
Council or Planning Commission, as appropriate.
In the event that compelling circumstances justify
additional time and the project applicant consents thereto ,
the ERC may provide for a reasonable extension of the time
limit for completing and adopting the Negative Declaration.
8 . 06 Notice of Determination Statute of Limitations .
Following consideration and approval of a project for which
the City is Lead Agency, the Planning Commission or City
Council , as appropriate , shall order the rT-eparation and
filing, and Staff shall prepare and file . a Notice of Deter-
mination (attached as Exhibit "F" ) which shall contain the
following:
(1) An identification of the project including
its common name where possible and its location;
(2) A brief description of the project ;
( 3 ) The date on which the City approved the
project ;
(4) The determination of the City that the project
will not have a significant effect on the environment ;
(5 ) A statement that a Negative Declaration has
been prepared pursuant to the provisions of CEQA; and
(6 ) The address where a copy of the Negative
Declaration may be examined.
Said Notice of Determination shall be filed with
the County Clerk of each county in which the project would
-43-
be located. If the project requires a discretionary approval
from any state agency , the Notice of Determination shall,
also be filed with the Secretary for Resources . Simul-
taneously with the filing of the Notice of Determination
with the County Clerk, Staff shall ;cause to be posted at
City Hall a copy of such Notice of Determination.
The filing and pasting of; a Notice of Determina-
tion with the County Clerk and, if necessary, with the
Secretary of Resources starts a 30-day statute of limitations
on court challenges to the approval< under CEQA. Failure to
file the Notice results in the statute of limitations being
extended to 160 days .
8 . 07 private Project_ Costs_. with respect`; cep
private projects as defined; in. Sections 2 . 26 (a) (2) and (3 ) ,
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.
ARTICLE IX. ENVIRONMENTAL IMPACT REPORT
. 01 Decision to _Prepare an EIR. If the ERC
finds following 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 may be
prepared either directly by or under contract to the City.
An EIRshouldbe prepared, (a) whenever it can be fairly
-44-
argued on the basis of substantial evidence that the project
may have a significant effect on the environment or (b ) when
there is serious public controversy concerning the environ-
mental effects of a project . Controversy not related to an
environmental issue does not in itself require the preparation
of an EIR.
9 . 02 Notice of _Pre carat ion of Draft EIR; Certified
Mail . After the ERC determines that an EIS will be required
for a proposed project , the City as Lead Agency shall prepare
and send a Notice of Preparation (attached as Exhibit "G" )
to each Responsible Agency and Trustee Agency involved with
the project , and interested individuals or organizations of
which the City is reasonably aware , stating that an EiR will
be prepared, and shall consult with them pursuant to Section
15086 of the State Guidelines . When one or more state
agencies will be a Responsible Agency, the City shall also
send a copy of the Notice of Preparation (which copy also
identifies the Responsible Agencies and Trustee Agencies to
which the Notice was sent ) to the State Clearinghouse .
The City shall send copies of the Notice of Pre-
paration by certified mail or any other method of trans-
mittal which provides it with a record that the Notice was
received.
At a minimum, the Notice of Preparation shall
include :
(1) A description of the project ,
-45-
xrk' }k4k,"aU Sib`rEF2�5a",Qkhe3E1"1%.fiva?e"h`#n`».�d✓e .fin"�",.'3r:2s`kseaila;.:�°i`tk2.mk'.?343'YTMw".Ya`+-0:Mt,3?„nlHtiwEab9"�t`2:ktv`dxz.`rN'i. '. 'r.`6C.»:rvXe'rvnvaM,.rzrotitr.ate+F:.asc».1' `a»xutatvtia eka..':-.A.�+z.z--.k::.ttzaiau,.,caa:,'xrt:vwwn..uu.`..,.:.�..-.»m'.e'sz.-.:,.'rw.a».<;.vssrc.:'aaa ru;urcxs.«,w.ruw.nrv.wr+ urrcra,.wrw.w«.an....,a....F,...,.,.ww,....,.>.._
( The; location of the project indicated either
on an attached map (preferably a copy of the USGS 15 '
or 7 1/2 ' topographical map identified by quadrangle
name) or by a street address in an urban area, and
( The probable environmental effects of the
project .
9 .03 Res onsibilities of Res csible A encies .
Upon receipt of such Notice of Preparation, each Responsible
Agency shall specify to the: Lead Agency the scope and content
of the environmental information related to the Agency ' s
area of statutory responsibility in connection with the
proposed project whichmust be included in the Draft RIR..
At a minimum, the response shall identify the significant
environmental issues and passible alternatives and mitigation
whichthe Responsible Agency will need to have explored in
the Draft EIR. Such information shall be specified in
writing, 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 45 days 'after receipt'
of the notice of the Lead Agency' s determination. The Lead-
Agency shall include this information in the EIR.
9 .04 Preparation of Draft EIR. The City as Lead
Agency shall prepare a Draft EIR, and may begin wort on it
immediately without awaiting responses to the Notice of
Preparation. prior to completion of the Draft EIR, the City
shall consult with Responsible Agencies and Trustee Agencies
pursuant to Section 15086 of the State Guidelines , and with
interested individuals and organizations of which the City
- 6-
is reasonably aware . The City should consult directly with
any person or organization it believes will be concerned
with the environmental effects of the project .
For projects where federal involvement might
require preparation of an EIS , the Lead Agency under CEQA
shall consult with the appropriate federal agencies as
provided in Section 15110 and Sections 15220-228 of the
State Guidelines .
The Draft EIR shall be prepared by Staff or by
private experts pursuant to contract with the City. Staff,
together with such consultant help as may be required, shall
independently evaluate and analyze such Draft EIR to verify
its accuracy , objectivity , and completeness prior to present-
ing it to the City Council. The Draft EIR made available
for public review must reflect the independent judgment of
the City. Staff may require such additional information and
data from the person or entity proposing to carry out the
project as it may deem necessary for completion of the Draft
EIR.
The identity of all federal , state or local agencies
or other organizations and private individuals =consulted in
preparing the Draft EIR, and the identity of the persons ,
firm or agency preparing the Draft EIR by contract , must be
set forth in the Draft EIR.
9 . 05 General Aspects of an EIR. Both a Draft and
Final EIR must contain the information outlined in Sections
15122 through 15132 of the State Guidelines , which are
-47-
L'J.vk+.i'.`rc'il:?wk',d3$'W.3E+bCtR47HG4"nr"'�'x.SJhra.;4SA*.�t,"+h"k;t=t.^e'.L2+.,:A'?:2t."sift%n� xrdS:`i"nF,.4Y:±4'e'UF°lMkiti33A'''-6k:a,`}`A`MSPS*Rk3+".e+ac>v..VMazl'°".tWR% rvYtr.¢:!.4;rflc rW .&Ti#affi'e..[kA' ...ti'. a'a.tve.;;,F#fi'kRs ::CeShvN^ :S:.GM'tial=�`"'&t.�:rt'?kshaAr.' ;kuti:ze ..,n5 fS5•N+".' :w.visars?frt+.w'a'nva.ar.es'anrx&.xn°.i�fl.�'.w�;5i'z"rt^r",'�.*«uavr;.uairte.
summarized in Section 9 .06 below. Each element must be
cohered, and when separate elements are not separated into
distinct sections;, the document must state where in the
document each element is covered. The report must contain a
table of contents or index,.
The EIR shall contain a. brief summary of the
proposed action and its consequences in language suffi-
ciently
u i-ciently simple for the lay public to understand. The
summary shall stress the major conclusions , areas of con-
troversy including issues raised by agencies and the public)'
and the issues to be resolved (including the choices among
alternatives and how to mitigate the significant effects) .=
Normally, the summary should not exceed, 15 pages ,
The body of the EIR shall include summarized tech-
nical data;, maps , diagrams and similar relevant information.
Highly technical and specialized analyses and data should be
included in appendices . Appendices may be prepared in
separate volumes , but rust be equally available to the
public f:)r° examination. Basically , an EIR should be an
interdisciplinary approach to the problem. All documents
used in preparation of the document must be referenced.
The EI. , should discuss environmental effects in
proportion: to their severity and probability of occurrence
Effects dismissed in the Initial Study as clearly insignifi-
cant and unlikely to occur need not be discussed.
The Initial Study should be used to focusthe EIR,
i .e . , to identify and discuss only the specific environmental
-48-
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 indicating 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 .
9 . 06 Form and Content of EIR. The required form
and content of both a Draft and a Final EIR, and the proce-
dures to be followed in connection with the preparation
thereof, are set forth fully in Sections 15122 through 15132
of the State Guidelines , and are briefly summarized as
follows :
(1) The text of the EIR must normally be less
than 150 pages . For proposals of unusual scope or
complexity , the EIR should normally be less than 300
pages .
(2) A description of the proposed project .
(3 ) A description of the environmental setting,
from both a local and a regional perspective .
(4) A discussion of any inconsistencies between
the proposed project and applicable general and regional
plans . Such regional plans include but are not limited
to the applicable Air Quality Management Plan (or State
Implementation Plan once adopted) , the area-wide waste
treatment and water quality plans and regional trans-
portation plans .
-49-
(5 ) A statement of any significant environmental
impact ; more particularly :
(a) The direct and indirect significant
environmental impact of the proposed action.
(b) Any significant adverse environmental
effects which cannot be avoided if the proposal is
implemented.
(c) Mitigation measures proposed to minimize
the impact , including energy conservation measures
as discussed in the Appendix in Exhibit "L" .
(d) All reasonable alternatives to the
proposed action, focusing on alternatives capable
of eliminating any significant adverse environ-
mental effects or reducing them to a level of
insignificance.
(e) The relationship between local short-term
uses of man' s environment and the maintenance and
enhancement of long-term productivity.
M Any significant irreversible environmental
changes which would be involved in the proposed
action should it be implemented.
(g) The growth-inducing impact of the
proposed
action.
(h) Any significant cumulative effects of
the proposed action.
M Any economic or social effects , to the
extent they are considered in connection with
physical changes or to evaluate feasibility of
mitigation measures or alternatives .
(6 ) A statement briefly indicating the reasons
that various possible significant effects of a project
were determined not to be significant and, therefore ,
were not discussed in the EIR.
(7) The identity of all federal , state or local
agencies or other organizations and private individuals
consulted in preparing the EIR, and the identity of the
persons , firm or agency preparing the ETH, by contract
or other authorization, must be set forth in the ETR,
-50-
9 . 07 Completion of Draft EIR; Notice of Completion.
Upon completion of a Draft ETA., Staff all file a Notice of
Completion (attached as Exhibit "H" ) with the Secretary for
the Resources Agency. Such notice shall contain the following :
(1) A brief description of the proposed project ;
(2) The location of the proposed project ;
(3 ) Information indicating where copies of the
Draft EIR are available for review;
(4) The time period during which comments will be
received.
The City shall provide public notice of the com-
pletion of a Draft ETR at the same time it sends A Notice of
Completion to the Resources Agency . Notice shall be given
to all organizations and individuals who have previously
requested such notice. In addition, notice shall be given
by at least one of the following procedures :
1(1) Publication, no fewer times than required by
Section 6061 of the Government Code, in a newspaper of
general circulation in the area affected by the proposed
project .
(2 ) Posting of notice on and off the site in the
area where the project is to be located.
(3) Direct mailing to owners of property contiguous
to the project , as identified on the latest equalized
assessment roll .
Copies of the Draft ETI also shall be made avail-
able at the City Hall for acquisition by members of the
general public. Any person obtaining a copy of the Draft
El R shall reimburse the City for the actual cost of its
reproduction. Copies of the Draft EI R will be furnished to
appropriate public library systems ,
-51-
4,'+�i`.uU3f.YEh'-fi5tial5a teJN,"mbf.�Sf.&ih'U+tiA.s2sss�n{h`""u'�°2;C'i223!°z'Y4Y.33P N:5vs�3.1 :t,v,..�sw.b�^Sx w5.+NW'c9.nTrv?:iasn#&�Ax�v mxaa*nn'ua. tua �s.uttwa,.vm .�,,,,,.,ewmrwvaamw«, r..:,.s...w.ran mnwm,re+;..��uw.w..x-,ww+ ra ,.w-aw.wm. ,.r..»w..�,......,«.a_,.
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 sunt to the Resources Agency:
. 8 Reviewof Draft EIR by _Other Public Agencies
and Other Persons . Upon the filing and posting of a Notice
of Completion, Staff shall consult with and obtain comments
from each Responsible Agency, `trustee Agency , any other
public agencies having jurisdiction by law over the proposed
project and, any interest--d individuals or organizations o
which the City is reasonably aware . Those public agencies
having jurisdiction b.- law. over the project shall be deter-
mined on a case-by-case basis , predicated upon the nature;
and location of the proposed project and upon the definition
of "jurisdiction by Iaw" in Section 2 . 16 . Public agencies
reviewing projects should explain the basis for their comments
and, whenever possible ,; should submit data or references in
support of such comments . Every public agency may comment
on environmental documents dealing with projects which
affect resources on which the agency has special expertise,
regardless of whether its comments were solicited.
Staff should also consult with and obtain comments
from any person known to have special expertise, with respect
to any environmental im act involved whose comments relative
to the Draft EIR would be desirable, and with any other
person, group , or agency designated by the ERC .
9 . 09 Time for Review of Draft EIR; Failure to
Comment . Unless the ERC establishes a different period of
time based upon the size and scope of a particular project ,
a period of thirty days from submission of the Draft EIR
shall be allowed for review and comment of the Draft EIR.
If a state agency is a Lead Agency or a Responsible Agency,
the review period shall be forty-five days , unless a shorter
period is approved by the State Clearinghouse .
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 extension of time
for review and comment , together with the reasons tnerefor,
that such agency, group , or person has no comment to make .
Any extension of time requested of the City shall be
reasonable under the circumstances , and in no event shall it
cover' a period greater than the time period initially estab-
lished for review and comment .
Continued planning activities concerning the
proposed project , short of formal approval thereof, may
continue during the period set aside for review and comment
on the Draft EIR.
9 . 10 Public Hearing on Draft EIR. A public
hearing on the draft environmental documents shall be held
by the ERC either in separate proceedings or in conjunction
with other proceedings of the City , unless the ERC deter-
mines with respect to any specific proJect that a hearing
-53-
would not facilitate the goals and, purposes of CEQA. The
public hearing may be scheduled to be conducted during the
course of a regular or special meeting; of the ERS'. The
procedures for the manger of conducting the public hearings
shall be described by the EAO at the time the hearing convenes.
Members of the pubic who attend shall be afforded the
opportunity to participate in the hearing process .
The Draft EIR should be used as the outline for
discussion at the public hearing. The public hearing shall
be conducted subsequent to the filing of the Notice ` of
Completion, but in no event sooner than fourteen days
thereafter. To the extentpossible , the hearing should be
coordinated with and include the comments of the reviewing
agencies , any responses thereto and any comments received
during the hearing, including, testimony and documents
submitted by the public,
Public notice of the time and place of the hearing
shall be posted in a conspicuous location at the City Mall
and published in a newspaper of general circulation within
the City at least fourteen days in advance of the hearing ..
Said notice also shall indicate the locations at which the
Draft EIR is available for review..
9 . 11 Special, procedures for Draft EIR Involving
Application .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 comment to the ERC on the Draft E: prior to the
ERC' s hearing on the Draft EIR in order to expedite the
environmental review process . See Section 21151 . 5 of the
Public Resources Code . ) The Planning Commission shall not
consider a subdivision map until the Final EIR has been
certified by the City Council pursuant to Section 9 . 13
herein, and submitted to the Planning Commission for con-
sideration in its decision making process concerning whether
to recommend approval or disapproval of the map .
Any person aggrieved by the comments of the Planning
Commission as to the Draft EIR may respond thereto as part
of the ERC' s consideration of sucft Draft EIR pursuant to
Sections 9 . 09 and 9 . 10 of these Procedures .
9 . 12 Final EIRi---Preparation and Contents . Follow-
ing 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
Section 15132 of the State Guidelines and shall consist of
the Draft EIR care a revision of the Draft , a section con-
taining 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 consultat.Lon process .
The response of. the City to comments received may
take the form of a revision of the Draft EIR or may be an
-55-
attachment to the Draft EIR. The responses of the City must
describe the disposition of any significant environmental
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 i
the comments rust be addressed in detail , giving reasons why
specific comments and suggestions were not accepted. The,
response 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.
9. 13 Review` and Recommendation b: ERC Regardn&
Certification of final EIR; Certification of Final iR b
Cit; Council. Following the preparation of the Final EIR,
it shall be presented to the ERC, which shall review the
Final EIR and take a recommendation to the City; Council
regarding whether the. Final EIR is in order and whether it
has been. completed in compliance with C QA and the State EIR
Guidelines . The Final EIR and said recommendation of the
ERC shall then be presented to the City Council at a regular
or special meeting. If the Citi* Council finds the Final EIR
to be in order, it shall certify that the Final EIR is in
order and has been completed in compliance with CEQA and the
Mate EIR Guidelines .,
9 . 14 on :or Cit Council Cons cera-
tion of EIR and Approval or ,Disapproval of Project . The EIR
shall first be ;reviewed and considered by the Planning
-56-
Commission or City Council , as appropriate , during the
process of its making a decision whether to approve, recom-
mend approval , disapprove or recommend disapproval of the
proposed project for which the EIR was prepared. Separately
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.
The Planning Commission or City Council , as appro-
priate, may then proceed to consider the proposed project
for purposes of approval or disapproval . Members of the
public may appear before said bodies and present their views
prior to their determinations to approve or disapprove the
proposed project .
The Planning Commission or City Council , as appro-
priate, shall not approve or carry out a project for which
an EIR has been completed which identifies one or more
significant effects of the project unless it makes one or
more of the following written findings for each of those
significant effects , accompanied by a statement of the facts
supporting each finding.
(1) Changes or alterations have been required in,
or incorporated into , the project which mitigate or
avoid the significant environmental effects thereof as
identified in the Final EIR.
(2) Such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the City. Such changes have been
adopted by such other agency or can and should be
adopted by such other agency.
-57-
(3 ) Specific economic, social or other considera-
tions make infeasible the mitigation measures or project
alternatives identified in the Final EIR.
The Planning Commission or City Council , as appro-
priate , shall not approve or carry out a project as proposed
unless (a) the project as approved will not have a significant`
effect on the environment or (b ) its significant environmental
effects have been eliminated or substantially lessened (as
determined through one or more of the findings indicated
above) , And that any retaining, unavoidable significant
effects have been found acceptable because of facts' and
circumstances described in a Statement of Overriding
Considerations
9 . 15 Statement of Overriding' Considerations .
Whenever the decision of the City allows the occurrence of
significant effects identified in the Final: EIR without
Mitigation, the City Council or Planning Commission, as
appropriate, must state in writing the reasons to support
its action based on the Final EIR and tither information in
the record.
If the City makes a Statement of Overriding Con-
siderations , the statement must be included in the record of
the project approval and Mentioned in the Notice of Deter-
mination.
9 , 16 Time Limit for Com letion and Certification
of Final gIR. As to private projects as defined in Sections
2. 26(a) (2) and (3) , the Final FIR shall be completed and
1
certified by the City Council no later than one year from
-58-
the date on which an application requesting approval 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 circum-
stances
cu -stances 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.
9 . 17 Notice e of Determination; Statute of Limita-
tions . Following consideration and approval of a project
for which the City is the Lead Agency, the Planning Commis-
sion or City Council , as appropriate , shall order the
preparation, and filing of, and Staff shall pr pa..Le file,
a Notice; of Determination (attached as Exhibit "F"`) which-
shall contain the following
(1) An identification of the project by its
cocoon game where passible, and its location;
( brief description of the project.
(3) The date when the City approved the. project .
(4) The determination of the City Council whether
the project in its approved form will have a significant
effect on the environment-,
( A statement that an Eli. was prepared and
certified pursuant to the provisions of CE A.
( <) Whether mitigation measures were made a-
condition of the approval of the project .
(7) whether findings and/or a Statement of
Overriding Considerations was adopted for the; project.
(8 ) The address where a copy of the EIE; and the
record of project approval may be examined,
-59-
. _........... ..... ....... ., w.—,..,,.. ,w..,,,..,Ua.. ,,,a ,,,�.m: ..,, way.noy,.. r:r.,,.Vw...+r.,,: .a..x,,,.� -:oa.s..w,.,urm_jos„snta.^Fm.�;�;vre;w,r��w,. :�ea �:v�s:�m�".,?w� ah'E*.s. .�:.u"1�';,"'.rim'��r�t£,�`�az;t",a ?,'��"5., ._'".�s..":k`.-`�'§ti ."`�.,3"z?�"".'Y.".`v',s:, �r °ark,•
The Notice of Determination shall then be filed with the
County Clerk of each county in which the project will be
located. Simultaneously with the filing of the Noticeof
Determination with the County Clerk, 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
Secretary for Resources .
The filing and posting by the County Clerk of the
Notice of Determination starts a 30-day statute of limitations
on court challenges to the approval under CEQA.
9 . 18 Use of Final ElR or Negative Declaration b
Responsible A encies,. Each Responsible Agency shall ;onsider
the Final EZR or Negative Declaration before acting upon or
approving the project,. When the City .actsas a Responsible
Agency , it shall consider the adequacy of the prior environ-
mental documents for its purposes and may require a supple-
mental ental. or subsequent E1R only pursuant to Section 11. 01
Mitigation, measures and alteratives deemed feasible and;
relevant to its role in carrying out the project shall b
adopted,. Findings required by Sections 9914 and 9 . 15
relevant to its responsibility shall be made . A Notice of
Determination shall be filed per Section 9 . 17 ,, but need not
state that the Lead Agency ' s ER or Negative Declaration
complies with CEA ..
9 . 19 Private Project Costs . As to private projects`
as defined in Sections 2 . 26 (a) (2) and (,3 ) , the person or
-60-
entity proposing to carry out the project shall bear all
costs incurred by the City in preparing and filing the Draft
and Final EIR' s , as well as all publication casts incident
thereto .
9 . 20 Use of Re istered Professionals in 're grin
ERs . In its intended usage ,, an EIS. is not a technical
document that can be prepared only by a. registered profes-
sional . However, as a result of information in the ETR, the
Dead Agency should establish requirements or conditions on
project design, construction,- or operation in order to
protect or enhance the. environment . At this 'time, state
statutes may provide that only registered professionals can
prepare technical studies which will be used in or which
will control the detailed design, construction, or operation,
of the proposed project and which will be prepared in support
of an EIR.
9 . 21 Incorporation by Reference . An EZR may
incorporate by reference all or portions of another document
which is a matter of public regard or is generally available
to the public . Such incorporation shall be considered to be
set forth in full: as part of the text of the EIR.
Where part of another document is incorporated by
reference , such either document shall be made available to
the public for inspection at City Hall . The EIR shall state
where the incorporated documents will be available for
inspection.
-61-
.....,,..,., .u...,a„ ,.e,.,m crua .»..Qewsw�.,. ...,�u. :n..,, -,,.,zay.�sr.x�=.e�em�;�w.aw�u�r..nz.r,.asz;v.�5'srsysnwnsas-Asa+.�.a-.�:��§o'wssera.3:kzea,nac�e�.,,,,nzr�r�,aete.�tr�wm�,ta �ti'✓»�S�YN.;.�b?!;2'��"3s:M.`§,:h5s`ri.7& ? �b,
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 incor-
porated document should: be included in the summary o
designation: described above.
9 . 22 Standards for Adequacy of an EIR. An EI
should be prepared with a sufficient degree of analysis to
provide decision Makers with information which enables theta
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 is
necessary .
X RETENTION OF COMMENTS AND
AVAILABILITY OF COMMENTS FOR REVIEW
10 . 01, All written comments received on a Negative
Declaration or a Draft or Final EIR through the formal
consultation process provided for in Articles VIII and I ,
s well as all written comments that may be received
independently of said process , shall be retained at the City
Eal,l. .for a period of at least one year fallowing approval o `
-62-
disapproval of the project to which they relate.- In addition,
such comments shall be available ;for public inspection at an
address given in the Final EIR at all reasonable times.
XI . SUBSEQUENT AND SUPPLEMENTAL E R"
11 . 01 Once an EIR: or Negative Declaration has
been prepared and certified for a project , no subsequent EIR
need be prepared unless
(1) Subsequent changes are proposed in the project
which will require importa-- trevisions of the EIR due
to the involvement of new significant environmental
impacts not considered in the original Elft,
( .) There are substantial changes with respect to
the circumstances under which the project is to oe
undertaken, such as a substantial deterioration in the
air quality where the project will be located, which
will require important revisions in the EIR due to the
involvement of new significant environmental impacts
not covered in the original EIR or
( ) New information, which was not known and
could not have been known at the time the EIR or Nega-
tive Declaration was certified as complete, becomes
available and shows that the project will have one or
more significant effects not discussed in the original.
Elia, significant effects previously examined will be
substantially more severe than shown in the original
EIR-; mitigation measures or alternatives previously
faunal not to be feasible are in fact feasible and; would:
substantially reduce one or more significant effects,
or mitigation measures or alternatives which: werenot
previously considered in the EIR, would substantially
lessen one or more significant effects on the environment.
11 . 02 The Lead or Responsible Agency may choose
to prepare a supplement to an EIR rather than a subsequent;
EIR, if any of the conditions described in Section 11 . 01
would require the preparation> of a subsequent EIS. and only
3
-63-
minor additions or changes would be necessary to make the
previous EIR adequately applyto the project in the changed
situation. °leo assist the City in making this determination,
the Planning Commission or City Council should request an
Initial Study and/or a recommendation by the ERC. The supple-
ment to the EIR need contain only the information necessary
to make 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.:
under Article I , and may be circulated by itself without
recirculating the previous Draft or Final EIR::
When the agency decides whether to approve the;
project , the decision-making body shall consider t1ju pre-
vious EIR, as revised by the supplemental EIR. Findings
pursuant to Section 9 . 14 shall be made for each significant
effect shown in the previous EIR as revised.
SII USE CP A SINGLE EIR FOR MORE THAN ONE PROJECT
12. 01 Two or More Projects Undertaken at the Same
Time. A single EIR may be utilized to describe more than
one project when the projects involve substantially identical
enviroranental impacts . Any environmental impacts peculiar
to any one of the projects must be separately set forth and
explained,
12 . 02 Later--Projects . The EIR on a_ general or
specific plan may be used as the foundation document for
-64-
later environmental documents for specific projects within
the area covered by the plan. The subsequent environmental
document may reference and summarize the material in this
initial EIR ;dor a description of the general environmental
setting and any environmental impacts that may apply. When
such referencing is done , copies of the initial EIR shall be
made, available to the public. In some instances , this
procedure may eliminate the need for a new EIS:. (_See
Sections 15153 ,, 1 1 4- 15166 , 15152 and 15153 of the State
Guidelines . )
XIII . STAGED EIR
1.3 .01 Time Period. Where a large capital project
will require 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 EIS.
may be prepared covering the entire project in a general
form or canner . The staged ETR should evaluate the proposal
n light of current and contemplated plansand produce an
informed estimate of the environmental: consequences of the
entire project . The particular aspect of the project before
the City for approval: shall be discussed with a greater'
degree of specificity.
13 .02 Su plements When a staged EIR has been,
prepared, a, supplement to the EIR shall be prepared when a<
later approval is required for the project, and the in or-
}
5
_6S"
mation available at the time of the later approval would,
permit consideration of additional environmental impacts ,
mitigation measures , or reasonable alternative=s to the
project .
XIV. TIERING OF ECR
14 .+ 1 Tiering . The City should tier its ERs t
eliminate repetitive discissions of the same issues and to
focus on the actual issues ripe for decision at each level
of environmental review`. An lnitw�al Study shall be prepared
to identify such issues ..
Whenever a broad scope EIR has been prepaiad- on a
program, plan or policy and an environmental document is
prepared later on an action included within the program.,
plan or policy (such_ as a site specific action) , the sub-
sequent environmental document need only summarize the
issues discussed in the broad scope or program_ E R incor-
porate discussions from the broader ElR by reference and
concentrate on the specific action proposed . The subsequent
document shall state where the earlier document is available
and the purposes for which it is being referenced:.
- 6-
XV. PROGRAM EIR
15 . 01 General_. A program EIR is an EIR which may
be prepared on an integrated series of actions that are
related either:
(1) Geographically,
(2) As logical parts in the: chain of contemplated
actions ,
( ) In connection with the issuance of rules ,
regulations , plans or other general criteria to govern
the conduct of a continuing program, or
( ) As individual projects carried out under the
same authorizing statutory o-� regulatory authority and
having generally similar environmental effects which
can be mitigated in similar ways .
15 . 02 2 Use With Later Activities . ub�!eq°,tint
activities in the program must be examined in the light o
the program. EIR to determine whether an additional environ-
mental document must be prepared.
(1 ) If a later activity would have effects that
were not examined in the program EIR, a new Initial
Study would need to be prepared leading to either an
EIR or a Negative Declaration.
(2) If the City finds , pursuant to Article XI
that no new effects could occur or no new mitigation
measures would be required, the City can approve the
activity as being within the scope of the project
covered by the program EIR and no new environmental
document would be required..
( ) The City shall incorporate feasible mitigation
measures and alternatives- developed in the program EIR
into subsequent actions in the: program.
(4) Where the subsequent activities involve site
specific operations , the City should use a, written
checklist or similar device to document the evaluation
of the site and the activity to determine whether the
environmental effects of the operation were covered in
the program EIR,.,
- 7-
( ) A program EIR will be most helpful in dealing
with subsequent activities if it deals with the effects
of the program as specifically and comprehensively as
possible . With a goad and detailed analysis of the
program, many subsequent activities could be found to
be within the scope of the project described in the
program EIS. and no further environmental documents
would be required.
15 . 03 Ilse With_ Subsequent Ellis and lie ativ
Declarations . A program EIR can be used to simplify the
task of preparing environmental documents on later parts of
the program_. The program EIR can,
(1) provide the basis in an Initial Study for
determining whether the later activity may have any
significant effects,.
( ) Be 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;.
(3 ) Focus an EIR on a subsequent project to
permit discussion solely of new effects which had not
been considered before .
15 .04 Notice With later Activities . When a law
other than.. CEA requires public notice when the City later
proposes to carry out or approve an activity within the pro-
gram and to rely on the program EIR for CEQA compliance:, the
notice for the activity shall include a statement that :
(l) This activity is within the scope of the pro-
gram approved earlier, and;
( ) The program EIR adequately describes the
activityfor the purposes of CEQA.
i
-68-
XVI . SPECIAL TIME LIMIT PROVISIONS FOR PROJECTS
WITH SHORT TIME PERIODS FOR DECISION
16 . 01 Time of Acceptance of Application. A few
statutes require agencies to make decisions on permits
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
CEA, the City shall deem an application for a project as
not received for filing under the permit statute until such.
time as the environmental documentation required by CEA has
been completed. This section will apply where all of the
following conditions are met :
(1) The enabling legislation for a program, other
than the provisions for development projects under
Chapter 4. 5 (commencing with Section 65920) of Division
I 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
(2 ) 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
(3 ) The project involves the issuance of a lease ,
permit , license , certificate or other entitlement for
use .
16 . 02 Examples of Subject Projects . Examples of
projects with time periods subject to this section include
but are not limited to :
(1) Action on a tentative subdivision map by a
local government within fifty (50) days pursuant to
Article 2 (commencing with Section 66452) of Chapter 3 ,
Division 2 , Title 2 of the Government Code.
-69-
( ) Action on an oil and gas permit by the Division
of Oil and Cas within ten (10) days pursuant to public
Resources Code Sections 3203 or 3724 .
16 . 03 ARpl.icable ime Limit , In any case described
in this Article, the environmental document shall "be completed
or certified and the decision on the application shall be
rade within one: (l) year from the date on which an application
requesting approval of such project has been received and
accepted as complete for 'CEQA processing by such agency.
This one (l) year time limit may be extended Cance for a
period not to exceed ninety (90) days upon consent of the
public agency and the applicant .
XVII . GENERAL PROVISIONS'
17 . 01 Compliance With Mate Law. 'These procedures
are int--nded to implement the provisions of CEQA and the
State EIR Guidelines , and such provisions of the law and
Guidelines shall be .fully complied with even though they may
not be set forth or referred to herein.
17 . 02 Terminology . The to "must" or "shall"
identify mandatory requirements . The term "may" is per-
missive, with the particular decision being left to the
1
discretion of the City . The term "should" identifies the
guidance of the Secretary of Resources , which the City will
follow in the absence of compelling and countervailing'
considerations
s
70—
17 . 03 Partial Invalidity. In the event any part
or provision of these Procedures shall be determined to be
invalid, the remaining portions which can be separated from
the invalid unenforceable provisions shall nevertheless
continue in full force and effect .
s
x
-71-
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CITY OF REDLANDS
PRELIMINARY` E IRO ME TAL ASSESSMENT
Tame or Descri tion f Prt+ ' :
Location:
Entity or Persian Undertaking Project :
A.
B . Other (Private)
1 Name :
. Address :
Staff Determination:
The City's staff, having undertaken and completed
preliminary review of this project in accordance with. the
City Resolution entitled "Local Guidelines of th City of
Redlands Implementing the California Environmental Quality Act
CE A; . has concluded that this project dues not require further'
environmental assessment because:
I . The proposed action does not constitute a project
within the meaning of Section 2 .26 .
2 . The project is a_ Ministerial, Project under Section 3 .07 .
.. The project is an Emergency Project under Section 3 . 05 .
4 . The project constitutes a feasibility or planning
study under =Section 3 . 08 .
. The project is categorically exempt finder Section; 3 . 13 .
Applicable Exemption Class :
6 . The project is otherwise exempt on the following basis
3
1 The project involves; another public agency which
constitutes the lead agency.
Name of Lead agency
Date :
Stafft;
�r
IN-HOUSE DOCUMENT) EXHIBIT "A
CITY OF REDLA.N DS
NOTICE OF EXEMPTION
TO: Secretary for Resources FROM: City of Redlands
1416 Ninth Street, Room I371 30 Cajon Street
Sacramento, ECA 958I P. 0. Box '?Sb
Redlands, CA 92373
County Clerk
County of
Pres�ect 'i'itle-
Project Location - Specizic
Proi, ocata on C� - L ro ject T o-c-a,-on - County P
D�scripfion of 'Natcre, Purpose; and _Seneficiaries of Project
Name of Public Agency Approving Pro3ect
Naf: e of. .Pers-or Agency Carrying Out Project
Exempt Status: (Check One)
Ministerial.
Declared Emergenc7
Emergency Project
Categorical Exemption;. State applicable exemption
class and Section number:
Otherwise exempt on following basis:
Reasons Why Project is Exempt:
Contact Person Area Code Telephone Extension
-tf filed by applicant:
i, Attach certified document of exemption finding:
4as a notice of exemption been filed by the public agency
approving the prcj ec.t l yes N0
T�at��em •aid .,,��l�:a �
Sign attire
Title
EXHIBIT "B"
Y{v,
u
CITY OF R DLANDS
ENVIRONMENTAL IMPACT ASSESSMENT
Name or Description of Project .
Location
Entity or Person Undertaking Project :
A..
B. Other (Private)
1 . Name
2 . Address :
Staff Determination.`:
The City' s staff, having undertaken and completed
ars Initial Study of this Project in accordance with Article STI
of the City' s Resolution entitled "Local Guide ides �f the Citi
of Redlands Implementing the California Environmental Quality Act
(C A)" for the purpose of ascertaining whether the proposed
Project may have a significant effect on the environment , has
reached the following conclusion:
lm The Project could not have a significant
effect on the environment ; therefore, a Negative
Declaration: should be adopted
-, The Project could, have a significant effect on the
environment ; therefore , an environmental impact
report will be required.
Date:
Staff
TAF RECOMMENDATION)
EXHIBIT "C
r'
K
NOTICE CSR PREPARATION OF DRAFT NEGATIVE DECLARATION
City of Redlands
Notice is hereby given> that the City of Redlands has
completed an Initial; Study of the
project in accordance with article Vlof the City' s procedures
implementing the California Environmental Quality ,pct,. 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 the City offices ,
30 Cajon Street , Redlands , California, and are available
for public review,
At its meeting on at
the Environmental Review Committee of the City will consider
the `project and the Draft Negative Declaration.. If the Environ-
mental Review Committee finds that the project will not have a
significant effect on the environment, it may adopt the. Nega-
tive
ga.tive Declaration. This means that the Tanning Commission: or
City Council-, as appropriate,, may proceed to the
project 'without the preparation of an Environmental Impact
Report .
Any person wishing to be heard on this matter may
appear and speak at the Environmental Review Committee meeting,
or may write to the City. Ccs eats of all Responsible agencies
are also requested.
DAT
Staff
City of Redlands'
E
t least lid days before the Environmental
Review Committee meeting, post and file at
City Miall , together with attached copy of the;
�
niti.al. Study and Draft Negative Declaration;
also publish only this Notice once in newspaper
of general circulation, or post , or mail . )
EXHIBIT D
5
CITY OF RE ?LA D
NEGATIVE DECLARATION
Name , if any , and a Brief Description of pro "tot a
Location:
Entity or Verson Undertaking i.n Project
A.
B. Other (Private)
1. Name:
2 . Address ,
The Environmental Review Committee, having reviewed
the Initial Study of this proposed project and having heard,
at a public meeting of tete Environmental Review Committee, the
comments of any and all concerned persons or entities , includ-
ing
.n luding the recommendation of the City' s staff, does hereby find
and declare that the proposed project will not have a signi-
ficant
i. ni-fica:nt effect on the environment . A brief statement of the
reasons supporting the Environmental Review Committee' s find-
ings are as follows
copy of the Initial Study may be obtained at :
Planning Department
City, of Redlands
30 Cajon Street
Redlands , CA 9 .373
Phone- 71.4-793-2641
,ate Filed with Count' Clerk
Staff
EXHIBIT "E
CITE OF REDLANDS
NOTICE OF DETERMINATION
TCS: ,. Secretary for Resources FROM: City of Redlands
1416 Ninth Street, Room 131.1 30 Cajon Street
Sacramento, CA 95814 PC. Box 280
Redlands, CA 92220
or
County Clerk
County of
SUBJECT: Filing of Notice of Determination in compliance with
Section 21108 or 21152 of the Public Resources Codd
Project Title
State ClearinghouseM acber (If submitted to State Clearinghouse}
Contact Person Telephone Number
Project Location
Project Description
This is to advise that the
(Lead Age-icy)
has approved the above described project and has made the follow-
ing determinations regarding the above describedproject:
1; The project ,J will ' will not have a significant effect on
the environment;.
21 ? An Environmental Impact Report was prepared for this
project pursuant to the provisions of CEQA.
A Negative Declaration was prepared for this project pur
scant to the provisions of CEQA.
A copy of the: EIR. or the Negative Declaration and
record of project approval may be examined at the
office of the City Clerk, Casty of Redlands, 30 Cajon
Street, Redlands, California.
3 Mitigation measures were 1 were not made a condition
of the approval of the project.
4; A Statement of Overriding Considerations was f--7 was not [
adopted for this project.
date Recei ed-forFiling
Signature
Title
Tate
y
EXHIBIT "F"
Fs
5,
V
CITY OF REDLAND
NOTICE OF PREPARATION
To : From: City of Redlands
(Responsible Agency 30 Cajon Street
or Trustee Agency) P . 0 . Box. 280
Redlands , CA, 92220
(Address )
SUBJECT: Notice of Preparation of a draft Environmental Impact
Report
The City of Redlands will be the Lead Agency and will
prepare an environmental impact raaort for the project identi-
fied 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 i
connection with the proposed project..; Your agency will need
to use the EIR. prepared by our agency when consicering your
permit or ether approval for the project .
The project description, location, and the probable environ-
mental effects are contained in the attached materials . A dopy
f the Initial Study =7 is = is not attached.
Due to the time limits mandated by state law, your response must
be sent at the earliest possible date, but not later than 45 days`
after receipt of this notice,
Please send your response to at
the address shown above. We will need the name for a contact
person in your agency._
PROJECT TITLE:
LE:
PROJECT APPLICANT, IF ANY:
Date Signature
Title
Telephone
EXHIBIT "G" {
E
CITY OF RED NDS
NOTICE CP COMPLETION
TO: State of California
The Resources Agency
SECRETARY FOR RESOURCES'
1416 ninth Street , Room 131.1
Sacramento , California 95514
Lead = ercy
Name :
Address :
Contact : Phone::
!'roiect Title
Project Description: (Mature, Purpose , and
Beneficiaries of Project )
fro° ect Location S2ecific :
City`
County:
Address Where Copy of
Draft EIR is available:
Review Period:,
Contact Person:
Address and Phone
I
Date :
Staff
(FILE WIT14
SECRETARY FOR RESOURCES ) EXHIBIT "H
CITY OF REDLANDS
ENVIRONMENTAL INFORMATION FORM
(To be completed by applicant
Date Filed
GENERAL 1NFORIMATION
1 Name and address of developer or project sponsor:
, . Address of project :
Assessor' s Block and Lot Number
3,. 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 pub-
lic approvals required for this project , including those required
by city , regional, state and federalagencies :
. Existing zoning district :
7 . Proposed use of site (Project for which this form is filed) .
PROJECT DESCRIPTION
S . Site size .
9 . Square footage.
TCS,. Number of floors of construction,
.1 . Amount of off-street parking provided
; Attach plans
13 . Proposed scheduling .
14. Associated projects ,
13 . Anticipated incremental development .
16 . if residential, include the 'number of units , schedule of
unit sizes , range of sales prices or rents , and type of house-
hold size expected.
17 : If commercial , indicate the type , whether neighborhood.,
city or regionally oriented,, square footage of saps area, and
loading facilities .
18 .
1 . Tf industrial, indicate type, estimated employment per
shift , and loading facilities ,
19 . if institutional`, indicate the major function, estimated
employment per shift, estimated occupancy, loading facilities ,
and >community benefits to be ;derived from the project.
20. 1f the project involves a variance , conditional use or re-
zoning application, state this and indicate clearly why the
application is required.
Are the following keens applicabl:.-a 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; tidelands ,
beaches , lakes or hills , or substantial alteration of
ground contours:,
22 . Change in scenic views or vistas from existing
residential areas or publiclands or roads .
23 Change in pattern., scale or character of general
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 charge in existing noise or vibration
levels in the vicinity ,
2 . Site on filled land or on slope of 10 percent
or more .
,
}
M
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t
-2-
Mr,
,
YES NO
2 . Use of disposal of potentially hazardous materials ,
such as toxic substances , flammables or explosives,.
30 . Substantial change in demand for municipal services
(police, fire , water, sewage , etc. ) .
31m Substantial increase in fossil fuel consumption
(electricity, oil ,, natural gas , etc. )..
32 . Relationship to a larger project or series of
projects .
ENVIRONMENTAL SETTING
33 .. 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 siJte , and the use of the structures ..
Attach photographs of the site . (Snapshots or polaroid photos
acceptable . )
34. Describe the surrounding properties ,, including information
on plants and animals and any cultural, historical or scenic
aspects . Indicate he ' te of land. use (residential , commercial,
etc. ) , intensity of land use (one -family, apartment houses , shops ,
department steges , etc. ) , and scale of development (height ,
frontage, set-back, rear yard.', etc . ) . Attach photographs of the
vicinity , (Snapshots or polaroid photos acceptable. )'
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts , statements , and information presented
are true and correct to the best of my knowledge and belief`..
DATE
(Signature)
For
k
{
k'
j:
}i
} T#
CITY OF REDLANDS
ENVIRONMENTAL CHECKLIST FORM
(Tei be completed by Lead Agency)'
T
BACKGROUND
1 Name of Proponent
. Address and Phone umber of Proponent :
,. Bate of Checklist Submitted
4. Agency Requiring Checklist
5 . Name of Proposal , if applica l
II .
ENVIRONMENTAL IMPACTS
(Explanations of all "Yes" and "Maybe" answers are required
on attached sheets , )'
YRS MAYBE NO
1 . Earth. Will the proposal result
i n.
a. Unstable earth conditions or
in changes in geologic sub-
structures?
b . Disruptions , displacements ,
compaction or overcovering of the
sail?
C . Change in topography or
ground surface relief features
d. The destruction, covering
or modification of any unique
geologic or physical features?
. Any increase in wind or
water erosion of soils , either on:
r off the site?
f. changes in deposition or �
erosion of beach sands , or changes
in siltation, deposition or
EXHIBIT "J" �
5,
,yM
ix'
L;x
YES KAYBE NO
erosion which may modify the
channel of; a river or stream or the
bed of the ocean or any bay,
inlet or lake?
S. Exposure of people or property
to geologic hazards such as earth-
quakes , landslides , mudslides,
ground failure, or similar
hazards ?`
2 fir. Will the proposal result in:
a. Substantial air emissions or
deterioration of ambient air
quality?
b . The creation of objection-
able
bject .on-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
in:
a Changes in currents , or the
course or direction of water move-
ments , in either marine or fresh
waters?'
be Changes in` absorption rates ,
drainage patterns , or the rate
and.: amount of surface water run-
off?
C. l`teration$ to the course
of flocs of flood waters?
d Change in the amount of sur-
face water in any water body?
e ; Discharge into surface
wafers or in any alteration of
surface water quality, including
but not limitedto temperature,
dissolved oxygen or turbidity?
r
YES MAYBE NO
f. ,alteration of the: direction
or rate of flow of ground winters?
g. Change in the quantity of
ground waters , either through di-
rect
-re t additions or withdrawals ,
or through interception of an
aquifer by cuts or excavations?
h. Substantial reduction in
the amount of water otherwise
available for public water
supplies?'
i Exposure of people or
property to water related
hazards such as flooding or tidal
waves
j . Significant changes in the
temperature, flows or chemical con-
tent of surface thermal springs?
4. Plant Life .; Will the proposal
result in:
a,. Change in the diversity o
species , or number of any species
of plants (including trees , shrubs ,
grass ; crops , microflora and aquatic
plants ) ?
b, Reduction of the numbers o
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 replen-
ishment
plen-ishment of existing species?
d. deduction in acreage o
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
she-llfish, benthic organisms ,
or insects) ?
-
s
a MOM
YES MAYBE NO
b. Reduction of the numbers of
any unique , rare or endangered
species of animals.?
C . Introduction of new species
of animals into an area, or result
in a barrier to the migration or
movement of animals?
d. Deterioration to existing
fish or wildlife habitat
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 or glared
8 . Land Use. Will the proposal re-
sult in a substantial alteration
of the present or planned land
use of anarea?
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 re-
source?
10 . disk of Upset . Will the pro-
posal involve:
a risk of an explosion sion 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;
Condit irons
f: 4
tet.;. . '....
YES MAYBE NO
(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. Will
the proposal result in:
a. Generation of substantial
additional vehicular movement?
b . Effects on existing parking
facilities , or demand for new
parking?
C . Substantial impact upon
existing transportation systems ?
d. Alterations to present
patterns of circulation or 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?
14. Public Services . Will 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?
-5-
YES `EE NO
d. Parks or gather recreational
facilities?
e . Maintenance of public
.facilities , including roads?
t* Other governmental services?
15 . Energy. Will the proposal result
in:
a Use of substantial amounts
of fuel or energy
. Substantial increase in de-
mand upon existing sources of
energy, or require the develop-
ment ent o new sources of --te gy?
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-.. Story water drainage?`
. Solid waste and disposal?
17 Human Health. 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 ?
E.
-6-
YES MAYBE N
18 . aesthetics . Will the proposal
result in the obstruction of any
scenic vista or view open to the
public , or will the proposal:
result in the creation:: of an
aesthetically offensive site open
to public view?
19 . Recreation. Will the proposal
result in an impact upon the
quality or quantity of existing
recreational opportunities ?
;. Cultural Resources .
(a) Will the proposal result in
the alteration or destruction of a
a., prehistoric or histoxic archeo-
logical site's
b) Will the proposal result in
adverse physical or aesthetic
effects to a prehistoric or his-
toric building, structure or
object?
(c) Does the proposal have the
potential to cause a. physical
change which would affect unique
ethnic cultural values?'
(d) Will the proposal restrict
existing religious or sacred uses
within the potential impact area?
1 . Mandatory Finding o i nifi-
cance.
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 o
n,
endangered plant or animal or
eliminate important examples of the
major periods of California
history or prehistory
,z
�km
-7-
me
txk
I find that although the proposed project could
have a significant effect on the environment ,
there will not be a significant effect in this
case because the mitigation measures described
on an attached sheet have been added to the
project . A NEGATIVE DECLARATION WILL BE PRE-
PARED.
I find the proposed project MAY have a signifi-
cant effect an the environment , and an ENVIRON-
MENTAL IMPACT REPORT is required.
Date
(Signature)
For
-9..
CITY OF REDLANDS
SIGNIFICANT FACTS
A project will normally have a significant effect
on the environment if it will .
(a)' Conflict with adopted environmental plans and
goals of the community where it is located;
(b) Have a substantial demonstrable negative
aesthetic effect ;
(c) Substantially affect a rare or endangered,
species of animal or plant or the habitat of the species ;
(d) Interefere substantially with the movement of
any resident or migratory fish or wildlife species ;
(e) Breach published national , state , or local
standards relating to solid waste or litter control ;
(f) Substantially degrade waster quality;
(g) Contaminate a public water supply;
resources , (h) Substantially degrade or deplete ground water
::
charge ;
(i ) Interfere substantially with ground water re=
(.1 ) Disrupt or adversely affect a
prehistoric
historic archeological site or a property of hi toricor o
cultural significance to a community or ethnic or social
group ; or a. paleontological site except as a part of
scientific study,,
(k) Induce substantial growth or concentration of
papulation;
(1) Cause an increase in traffic which is substantial
in relation to the existing traffic load and capacity of the
street system;
(m) Displace a large number of people
(`n) Encourage activities which result in the use of
large amounts of fuel , water or energy;
EXHIBIT "K"
31
#Y
yrS
o;) Use fuel , water or energy in a wasteful mariner;
p) Increase substantially the ambient noise levels
for adjoining areas ;
(q) Cause: substantial flooding, erosion or siltation;
(r) Expose people or structures to major geologic
hazards ;
(s ) Extend a sewer trunk line with capacity to serve
new development ;
(t ) Substantially diminish habitat for fish, wild-
life or plants ;
(u) Disrupt or divide the physical arrangement of
an established community;
(v,) Create a potentia.l public health hazard as
involve the use, production or disposal of materials which
pose a hazard to people or animal or plant populations in
the area affected;
(w) Conflict with established recreational , educa-
tional ,
d, ca.-tional , religious or sci �ntif'ic uses of the area,
(x) Violate any ambient air quality standard, coatri-
haute substantially to an existing or projected air quality
violation, or expose sensitive receptors to substantial pollu-
tant concentrations ;
(y) Convert prime agricultural land to non-
agricultural use or impair the agricultural productivity
of prime agricultural land;
(z) Interference with emergency response plans
or emergency evacuation plans
(aa) Adversely affect historic or archaeological
resources . For further definition of such resources and
limitations on mitigation requirements see State Guidelines ,
Appendix K. )
CITE' OF REDLAND
ENERGY CONSERVATION
I . INTRODUCTION
The goal of conserving energy implies the wise and efficient
use of energy. The means of achieving this goal include :
l decreasing overall per capital energy consumption,
( decreasing reliance on natural- gas and oil , and
( increasing reliance on renewable energy sources .
In order to assure that energy implications are considered in
project decisions , the California Environmental Quality Act
requires that EIRs include a discussion of the potential energy
impacts of proposed projects_, wit i particular emphasis on
avoiding or reducing inefficient , wasteful and unnecessary
consumption of energy;.
Energy conservation. implies that a project ' s cost effectiveness
be reviewed not only in, dollars , but also in terms of energy
requirements . For many projects, lifetime costs may be deter-
mined more by energy efficiency than by initial dollar costs .
II . EIR CONTENTS
Potentially significant energy implications of a project should
be considered in an EIR,. The following list of energy impact
possibilities and potential conservation measures is designed
to assist in the preparation of an EIR In many instances
specific items may not apply or additional items may be needed.
A. Project Description may include the following items :
1. . Energy consuming equipment and processes Crich
will be used during construction, operation and/or removal of
the project . If appropriate, this discussion should consider
the energy intensiveness of materials and equipment required
for the project
2 . Total energy requirements of the project by
fuel type and end use .
3 . Energy conservation equipment and design
features
EXHIBIT "L" f
,
r'
4 . Initial and life-cycle energy costs or supplies .
5 . Total estimated daily trips to be generated by
the project and the additional energy consumed per trip by mode .
B. Environmental Setting may include existing energy
supplies and energy use patterns in the region and locality.
C. Environmental Impacts may include:
1 . The project ' s energy requirements and its energy
use efficiencies by amount and fuel type for each stage of the
project ' s life cycle including construction, operation,
maintenance and/or removal . If appropriate, the energy
intensiveness of materials may be discussed.
2. The effects of the project on local and regional
energy supplies and on requirements for additional capacity.
3 . The effects of the oroject on peak and base
period demands for electricity and other forms of energy.
4 . The degree to which the project complies with
existing energy standards .
5 . The effects of the project on energy resources .
6 . The project ' s projected transportation energy
use requirements and its overall use of efficient transporta-
tion alternatives .
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful , inefficient
and unnecessary consumption of energy during construction,
operation, maintenance and/or removal . The discussion should
explain why certain measures were incorporated in the project
and why other measures were dismissed.
2 . The potential of siting, orientation, and design
to minimize energy consumption, including transportation energy.
3 . The potential for reducing -peak energy demand.
4 . Alternate fuels (particularly renewable ones )
or energy systems .
5 . Energy conservation which could result from
recycling efforts .
E. Alternatives should be compared in terms of overall
energy consumption and in terms of reducing wasteful,
inefficient and unnecessary consumption of energy .
-2-
C
F. Unavoidable Adverse Effects may include wasteful
inefficient and unnecessary consumption of energy during
Project construction, operation., maintenance and/or removal
that cannot be feasibly mitigated.
G. Irreversible Commitment of resources may include
a discussion of how the project preempts .future energy
development or future energy
conservation.
H. Short-Term Gains versus Long-Term Impacts can be
compared by calculating the energy costs over the lifetime
of the project .
I . Growth Inducing Effects may include the estimated
energy consumption ption of growth ,induced by the project .
y