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I o"I Guidelines for Implemonting,the
California Environmental Quali Act(1991) Table of Contents
Bull
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TABLE OF MMM
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S'T'AFF SUMMARY AR's'' OF THE CEQA EVALUATION PR . . . . . . . . . . . . v
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1. GENERAL RAL PRO VISIONS, PURPOSE AND POLICY 1:
x�
1.01 Purpose . . . 1
t 1.02 Applicability . . . . . . . . . . . . . . # . . . . . . . 2
1.03 Reducing Delay and Paperwork . . . . . . . . . . . . . . . . . . . . . . . . . . 3
k 1. 4 Compliance With State Law . . . , . . , . . . . . . 4
1.05 Terminology . . . . . . . . . . . . . . . . . 4
1.06 Partial Invalidity . . . . . . , . . . . . . , . . 4
3.,
2. LEAD ANIS RESPONSIBLE AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.01 Lead Agency Principle . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.02 Selection of Lead Agency . . . , . . . . . . . . . 5
2.03 Duties of a Lead Agency . . . . . . . . . . .. . . . . . . . . . . . . . . . . 5
2.04 Responsible<Agency Principle . . . . . . . .. . . . . . . . . . .. . . . . . . ,. . b
2.05 Duties of a Responsible Agency . . . . . . . . . . . . . . . . . . . . . . , 6
2.06 Response to Notice of Preparation by Responsible Agencies . . . . . . . .
2.07 Use of Final EIR or Negative Declaration by Responsible Agencies . . . .
.t
2.08 Shift in Lead Agency Responsibilities . . . . . . . . . , 7
3. ACTIVITIES EXEMPT PSTFROM CEQA . . . . . .; . . . . . . . . . . . . . . . . . . . . .
3.01 Actions Subject to CEA . . . . . . . . <. . . , . . . . . . . . . . . . .
3.02 Ministerial Projects . . . . . . . . . . . . . . . 9
�x
3.03 Exemptions General , . . . . . . . 10
3.44 Preliminary Exemption Assessment . . . . . . . . . . . . . . . . . . 10
3.05 Notice of Exemption . . . . _. . . . . . . . . .. . . .. . . . . . . Ill`
3.06 Disapproved Projects . . . . . . . . . . . . 10
3.07 No Possibility of Significant Effect . . . . . . . . . 1
3.08 Emergency Projects . . . . . . . . . . .. . . 11
3.099 Feasibility and Planning Studies . . . . . . . . . . . . . . . . . , . . . . . .. 11
3.10 Rates, Tolls, Fares and Charges . . . . . . . . . . . . . . . . . . . . .. . . 11
3.11 Subsurface Pipelines Withi
Local Guidelines for Implementing the
California Environmental 2uality Acct 1991) Table of Contents
r
4.04 Completion and Certification of Final . . . . . . . . . . . 18
4.05 Projects With Short Time;Periods for Approval . . 19
4.06 Suspension of Time,Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
. INITIAL STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
P
5.01 Preparation of Initial Study . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5.02 Informal Consultation With. Other Agencies . . . . . . . . . . . . . . . . 20
5.03 Consultation With Private.Project Applicant . . . . . . . . . . . . . . . . . 21
4
5.04 Purposes of Initial Study . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5.05 Contents of Initial Study . . . . . . . . . . . . . . . . . .. . . . .. . . . . . .; 21
5.06 Use of a Checklist Initial Study . . . . . . . . 22
5.07 Evaluating Significant Environmental Effects . . . . . . . . . . . . . . 22
5.08 Mandatory Findings of Significant Effect . . . . 2
5.09 Mandatory tion of an for Waste Burning Projects . . . . . . 24
5.10 Residential Development Pursuant to an Existing Community
Plan and FIR' . . . . 26
5.11 Environmental Impact Assessment . . . . . . . . . . . . . . . . . 27
5.12 Appeal of ERC Determination . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5.13 Final Determination . . . . . . . . . . . . . . . . . . . . . . . . . 27`
6. NEGATIVE DECLARATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
6.01 Decision to Prepare a Negative Declaration . . . 28
6.02 Decision to Prepare a Mitigated Negative Declaration . . . . . . . . . . . 28
6.03 Notice of Preparation of Draft Negative Declaration . . 28
6.04 Posting and Publication of Negative Declaration . . . . . . . . . . . . . . 29`
6.05 Submission of Negative Declaration to Mate Clearinghouse . . . . 29
6.06 Special Notice Requirements for Waste and Fuel Burning Projects . . . 30
6.07 Content of Negative Declaration . . . . . . . . . . . . . . . . . . . . . . . . 31
6.08 Adoption of Negative Declaration * R . . . . . . 31
6.09 Reporting or Monitoring Program for Mitigated Negative
Declaration . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 31
6.10 Approval or Disapproval of Project . . . . . . . . . . . . . . . . . . . . . . 32
6.11 Notice of Determination; . . . . . . . . . . . . . . . . . . . . . . . .. . . 3
6.12 Private Project Costs . . . . . . . . . . . . . . . . . . . 34
6.13 Filing Fees for Projects Which Affect Wildlife Resources . . . . . . . . . 34
. ENVIRONMENTAL IMPA ORT . . . . . . . . . . . . . . . .. . . . . . . . 35
7 , .
01 Decision to Prepare an EIR , • 5
7.02- Notice of Preparation of Draft EIR . . . . . . . . . . . . .. . . . . . . 35
7.03 Preparation of Draft IR . . . . . . 5
`7.04 Consultation with Other Agencies and Persons , a . 36
'7.05 l Consultation on. Projects Involving Permit Issuance` . . . .. . . . ..
. 37'
7.06 General Aspects of an ElR . 3'7
7.07 Use of Regis Professionals in Preparing
. . . . . . . . . . . . . . 38
D Ds.r3 � � o &Krieger
Looal Guidelines for Implementing the
California Environmental 2uality Act 1991) Table of Contents
n;
7.08 Incorporation by Reference . . . . . . . . . . . . . . . . . . . . . . 35
7.09 Standards for Adequacy of an EIR . . . . . . . .. , . . . . 39
N 7.10 Form and Content of EIR 3
1; . . _ .
7.11 Analysis of Alternatives in an EIR . . . _ . . . . . . . . . . . . . . . . 40
.:; 7.12 Analysis of Future Expansion . . 41
7.13 Notice of Completion of Draft EIR . . . . . . . . . I . . . . . . . . 42'
7.14 Submission of Draft EIR to Stag Clearinghouse . . . . . . . . . . . . . . . 43
7.1.5 Special Notice Requirements for Waste. and Fuel Burning Projects 43
7.16 Review of Draft EIR by taller .Agencies and Persons . . . . . . . ., 43
7.17 Time for Review of Draft EIR; Failure to Comment . 44
7.15 Public Hearing on Draft EIR 45
7.19 Response to Comments on Drat EIR y . . . � . . . . . . . . . . . . . 45
7.20 Preparation and Contents of Final EIR . . . . . . . . . . . . . , . 45
7.21 Recirculation When:New Information is Added to EIR 4
� 7.22 Certification of Find EIR . . . . . . . . . . . . . . . . . . . . , .
46
7.23 Consideration of EIR Before Approval or Disapproval of Project . . . 46
7.24 Findings . . . . . . . . . . . . . . . . . . . . . . . . . 46
7.25 Special Findings Required for Facilities Which may Emit
Hazardous Asir Emissions dear Schools . . . . . . . . . . . . . . . . . 47`
7.2E Statement of Overriding Considerations . . . . . . . . . . . . . . . . . . . . 48
7.27 Deporting or Monitoring Program for 48
.k' 7.25 Notice of Determination . . . . . . . . . . . . . . . . . . . . . . . 4
7.29 Disposition of a Final EIR
. . .. .. . . .... . . ... . .
7.30 Private Project Costs . . 50
7.31 Filing Fees for Projects Which Affect Wildlife Resources 50
,d . TYPES OF EIRE 52
8.01 Project EIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
8.02 Subsequent EIR . . . . . . . ` . . . . . . 52
8.03 Supplement to an EIR . . . . . ° 53
8.04, Addendum to an II . . . . . . _ . 53
8.05 Tiered 53
8.06 Staged ETR . . . . . . . . . . . . . . . . . . . , 54
8.07 Program EIR i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
r
8.08 Use of a Program EIR With Subsequent EIDs and Negative
F
Declarations
55
8.09 Use of an EIR: from an Ear . � .lier Project . . . . . . 55
q. DEFINITIONS
. . . . 5
.01 ,"Appli t" . . . . .
. . 5
9.02 "Approval.. _ . . . . . . . . . . . . . . .. . . 5
.0 -CEQA. . . . . . . . . . . . . 5
.044 "Categorical. Exemption" . . . . . . . . . . . . . . . 5
9.05 "City" . . . . . . . . . . . . . _ 56
9.06 "Cumulative Impacts. . . 55
REDL DS.1) -iii- *Best; Best& Krieger
Local Guicolinesf+r lrn la aentxn9 the A
ors ,Envirtrnnaenr�l Act 1991 Table of Contents
v;
9.07 cion Maldng Body" . . . . . . . . . . . . . . . . . . . . . . . . . 57
9.08 "Discretionary Project* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
9.09 " 4 , . . . . . . . . . 57
9.10 "Emergency. . . . . . . . . . . . . . . . . . . . . . . . . . 57
9.11 "Environment.� . , . . . . , . . . . . . . . . 57
9.12 * . . . . . . . . 57 `
9.13 "Environmental Review CommitteeC * . . .*. . . . . . . . . . . . 57
9.14 "Feasible" . . . . . . .. . . . . . ." . . . . . . . . . . . . . . . . . . . . . 58'
9.15 "F " . . . . . . . . . . . . . . . . . . . 58
9.16 "Initial Study* . . . . . . 8
9.17 "Jurisdiction by Lav* . . . . . . . . . . . . . . . 58
9.1.8 "Lead Agency" . . . . . . . . . 58
9.19 "Mitigated Negative Declaration* . . ,. . , . . 58
.
9.20 "Mitigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59
9.21 *Negative l ec tion* . . . . . . . . . . . . . . . . . .. . 59
9.22 "Notice of Completion* , - ,. . . . . .
9.23 "Notice ofDetermination" . . . . . . . . . . .
9.24 'Notice of Exemption" . . . . . . . . . . . . 59
9.25 *Notice of Preparation* . . . . . . . . . . . . . . . . . . . . . .
9.26 "Person* . . . . . . . . . . . . 59
59
9..27 *Private Project* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . , . .
60
9.28 "Project* . . . . . . . . . . . . . . . . . 60
9.29 *Responsible Agency* . . . . . . . . . . . . . .
9.30 *Significant Effect` . . . . . . . . . . . . . . . . . . . 6
9.31 "S . . . . . . . . . . . . . . 61
9.32 *State Guidelines* . . . . . . . . . . . . . 61
9.33 *Substantial Evidence" . . . . . . . . . . . 61
9.34 ""tiering" . . . . . , . . . . . 61
9.35 *Transportation Facilities" . . . . . . . . . . . . . . . . . . • . . . 1
9.36 "Trustee Agency" . . . . . . .. .. .. . 61
9.37 ","honing Approval* . . . . . . . . . . . . . . , , . . . 6
10. FORMS . . ,. . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Preliminary Exemption Assessment . . .. . . . . . . . . . . . . . . . . . . . . Form A
Notice of Exemption .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form E
Environmental Impact sment . . For C
Notice of Preparation of I� NegativeDeclaration
e l tion . . . . . . . . . . . . Form i
Negative Declaration/Mitigated 'legative Declaration . . . . . . . . . . . . . . . Form E
Notice of Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Form F
Notice of Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Form G
Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . Form
Environmental Information F+ . . . . . . . . . . . . . . Form I
Environmental Checidist Form . . . . . . . . . . . . . . . ,. . . . . . . . . . .
Form J
Notice of Availability of Draft Environmental Impact Report . . . . . . . . . . Form T
Certificate of Fee Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . Form 1..
REDLANDSM -iv.. ftest, Best& Krieger �?
v�
Ural Guidelines for Implementing the Staff summary of the
California EnvironmentalS ua Act K1991), CE9A Evaluation Pmeess
rw
STAFF SUMMARY OF THE CEQA EVALUATION PROCESS
Y
Excerpted fromthese Local
Guidelines for Implementing
the Environmental Qgality Act
ACTIpp�•yy �* ^rr GUIDELINES
c
(A) Staff determines whether the City is Lead or 2.01, 2.02, 2.04, 2.08
Responsible Agency for the proposed activity,:
(1) As a Lead Agency, the City shall decide 2.03
F whether a Negative Declaration, Mitigated
Negative Declaration or an EIR will be
required and shall prepare and consider the
document before making its decision on
whether and how to approve the proposed
activity.
4 (2) As a Responsible Agency, the City shall 2.05, 2.06, 2.07
provide data as requested by the Lead
Agency, consider the documents prepared
by the Lead Agency and reach its own.
#{` conclusion on whether and how to approve
sk
the proposed activity.
(B) Staff examines proposed activity ("project") to 3.03
determine whether it is exempt'.
r' (1) The project can be exempt for any of the
following reasons:
(a) The activity does not come within 3.01
the legal definition of "Project."
F
�t
(b) It is a disapproved project. 3.06
x (c) It can be seen with certainty that 3.07"
there is no possibility that the
activity'may have a significant effect
on the environment.
(d) It is a ministerial, not discretionary, 3.02
action taken by the City.
(e) It is covered by one of the 3.08, 3.09, 3.10, 3.11,,
exemptions in the C QA statute. 3.12
x
II.Ei}IaANDs. _v. °lest;Best& Krieger
za;
Local Guidelines for Implementing the Staff Summary of the
California Environmental Act(119911 MA EvsJuation Process
(f) It is covered by one of the cate- 3.13
gorical exemptions in the State
Guidelines. >.
( ) If the activity is determined to be exempt, 3.04, 3.05'
Staff completes and files internally a
Preliminary Exemption Assessment,
(Form "A"), A Notice of Exemption
(Form "B") may be filed with the Clerk of
the Board of Supervisors ("Clerk of the
Board") fQw' City approval of a pro-
ject in order to begin a thirty-five (35) day'
statute of limitations for legal challenges.
(Attach Form " ", too.)
(3) If the activity is not exempt, Staff proceeds
with its own environmental evaluation,
beginning with the preparation of an Initial
Study.
(C) Staff Preparation of an Initial Study. 5.01-
1 All Responsible and an Trustee Agencies 5.02
( ) must be consulted in the preparation of the
Initial Study..
(2) Staff prepares an Initial Study. 5.06`
(3) Based on the results of the Initial Study, 5.11
Staff prepares Environmental Impact
Assessment (Form "C") and submits its
recommendation to the ERC. The ERC
then reviews Staffs recommendation and
instructs Staff to prepare the Environmental
Checklist Form (Form "J").
(a) If the ERC concludes that the pro- 5.11
ject will not have a significant effect, (See also 5.07, 5.08.)
on the environment, then it must
recommend that a Negative Declara-
tion
ecl -tion be prepared.
f .
f,9111
alio as -vi- Oflest, Elest&Krieger
Locid Guidelines for implementing the Staff Summary of the
California Environmental uali Act(1991) CEQA Evaluation Process
j
(b) If the ERC concludes that the pro- 5.11
sect could result in significant (See also 5.0 3, 5.07, 5.08)
v°
environmental effects but haat the
significant effects identified in the
Initial Study have been avoided or
mitigated to a point where clearly no
significant effects would occur b
revisions in the project plans or
proposals made by or agreed to by
the applicant, then it utast recom-
mend that a Mitigated Negative
Declaration be prepared.
(c) If the ERC concludes that the pro 5.1.1
ject could or may have a significant (See also 5.07, 5.08)
effect on the environment, it must
recommend that an Environmental
IN Impact Report be prepared.
Staff Preparation of a Negative Declaration or 6.01, 6.f1
Mitigated Negative Declaration.
i71
kk' (1) If the ERC recommends preparationof a 6.02, 6.0
Negative Declaration or Mitigated Negative
Declaration, Staff must prepare a Draft
2$; Negative Declaration(Form "E") (unsigned
but otherwise fully completed including a
statement of supporting reasons) and fill out
a Notice of Preparation of a Draft Negative
Declaration (Foran. "D") for final adoption.
For a Mitigated Negative Declaration, Staff
must also attach to Form "E" a description
of mitigation measures for each'significant
impact.
( ) Staff must then post a copy of the Notice of 6.04:
Preparation,the Draft Negative Declaration/
Mitigated Negative Declaration and Initial
Study at the City office. The Notice must
also be posted in the office of the Clem of
' the Board of the County in which the pro-
ject
ro-j t is located for a minimum of thirty ( )
days.
r;
RED AI'+IrDS.S -vii- ORest, Best&Krieger
Local Guidelines for finplementing the Staff s f the
ornia Environmental li Act 1991 + E A Evaluation s
z�
( t least twenty-one (2 1) days: before the: 6.03, 6.04, 6.0
final adoption of the Negative Dec7,
tion/'litigated Negative Declaration, Staff' `
must give Notice of Preparation of a Draft
Negative Dechv2tion (Form "D") by mail
to all individuals and organizations who
have previously requested such notice Wd
to the general public by at least one of the
following:
(a) publishing once in a newspaper of 6.04
general circulation;
(b) posting on and tiff site where the 6.04
project is to be located;
(c) mailing to owners and occupants of 6.04
contiguous property.
a
A thirty (30) day public review period is 6,05
required for Negative Declarations sent to
the State Clearinghouse.
(4) At the time noticed for the meeting of the 6.08, 6.09, 6.10
decision maldng body (the Environmental
Review Committee, the Planning Commis-
sion or the City Council) the ERC recom-
mendation shall be considered. Written
comments, if any,; from: the public and
Responsible Agencies and Trustee Agencies
are considered. If the decision making
body determines that the project will not
have a significant effect on the environ-
ment, it adopts the legative Declaration/
IWtigated Negative Declaration. (If the
decision maldng body finds that the project
may have a significant effect on the envi-
ronment, it must order the,preparation of an
EIR.) For a Mitigated legative Declam-
tion, the City must also adopt a mitigation
monitoring or reporting program.
YY.
3LANDS. -viii- 011est,Best&Krieger
e
h�
Local Guidelines for implementing die staff Summary of the
California Environmental Ali Act 1991` CE2A Evaluation process
a
MOTION: Move that this Environ-
mental Review Committee/
Planning Commission/City
NMI Council finds that the project
will not have a significant
effect on ;the environment
and that the Negative Decla-
ration/ Mitigated Negative
Declaration as proposed by
Staff be adopted.
Ufa,
(5) If the Negative Declaration/Mitigated 6.10`
Negative Declaration is adapted., the
decision making' y can act upon the pro
ject after reviewing, considering, and
adopting the Negative Declaration/Mitigated,
Negative Declaration.
MOTION: Move approval of the pro-
y ject, and direct Staff to file
s, and post a Notice of Deter-
mination in accordance with
v
the City's Guidelines.
}a
l;
(6) Staff must file a Notice of Determination 6.11 6.13
(Form "F") with the Clerk of the Board and
also with the Office of Planning and
s
Research if the project requires state agency
approval within five:: (5) working days of
final approval after expiration of any appeal
period. A fee of $1,250 shall be paid at
this time to the Clerk of the Board for pro-
jects which will adversely affect wildlife
resources. The Clerk's office may charge
a documentary handling .fee of 5 per
filing. The Notice must be posted in the
Clerk's office for a minimum of thirty 30)
w, days.
(7) Staff simultaneously and conspicuously 6.11
3 pasts Notice of Determination at City Tull,
(8) A thirty (30) day statute of limitations for 6.11
legal challenges begins to run pply after the
Notice of Determination has been filed with
d posted by the Clerk of the Board (and
with the Office of:Planning and Research if
approval by any State agency is involved).
REDLAND s.s _ix a to Best Krieger
�s
LoW Guidelines for Implementing the Staff Summary of the
Califort-tia Environmental !it Act(1 l) CE2A Evaluation Process
(E) Staff Preparation of an EIR. 7.01
(1) if an Environmental:Impact Report ("EIR") 7.02
is required, the City as Lead Agency shall
send a Notice of Preparation (Form "G") to
all Responsible and any Trustee Agencies. r
Responsible and Trustee Agencies must
respond within_thirty (30)days. The Notice
must be posted in the office of the Clerk of fr
the Board for thirty (30) days.
(2) Staff shall commence preparation of a Draft 7.03, 7.04, 7.05
EIR (sniff may begin work on it immedi-- (See also 7.06-7.12.)
ately without awaiting responses to the
Notice of ration). Early consultation
("scoping") is advisable during the drafting
of the E1R. with all Responsible Agencies,
Trustee Agencies and interested individuals
and organizations of which staff is reason-
ably aware.
(3) Upon completion of the Draft EIR, Staff 7.13, 7.14, 7.15, 7.16
shall file a Notice of Completion
(Farm "H")with the Office of Planning and
Research and give notice inviting comment
Mann the Draft EIR (Form "K") by mail to
all individuals and organizations who have
previously requested such notice and to the
general public by at least one of the
following:
(a) publishing once in a newspaper of` 7.13
general circulation;
(b) posting on and off site where the 7.13
protect is to bel ted;
(c) mailing to owners and occupants of 7.13
contiguous property.
The Notice shall be posted in the Clerk of '7.13, '7.1'7
the Board's office for a minimum of thirty
(30)days. This begins the comment period,
which will be at least thirty (30) to forty-
five
ortyfive (45)days depending on the project.
'1
up,,
REDLANDS.S _X_ 08"t, Beat&yreger
V
1
T ...... ..._.,.._.,. .....tee :.....sa.,ra.: ..v.wA.,
}.II
Local
Guidelines for Implementing the Staff Summary of the
California Environmentslunlit Act J19912 CE2A Evaluation Process
�F
=ds
(4) The decision making body may in its dis- 7.18
cretion conduct a public hearing on the
Draft EIR no sooner than fourteen (14)days
after filing of the Notice of Completion but
f before the expiration of the comment
1�
,• period..
(5) Comments on the Draft EIR are evaluated 7.18, 7.19, 7.20
by Staff, responses are compiled and a
Final EIR is prepared'.
(6) If significant new information is added to 7.21
rt, the EIR, notice and consultation must be
repeated.
(7) The ERC considers the Final EIR and 7.22, 7.23, 7.27
snakes a recommendation to the decision
a;
making body regarding whether the Final,
sEIR is in order and whether it has been
completed in compliance with CEQA, the
Mate Guidelines and the City's local
a# guidelines. The Final EHZ and the recom-
mendation is presented to the City Council
which shall certify that the Final EIR is in
order and has been completed in compliance
with CEQA, the Mate Guidelines, and the
City's Guidelines, or refer it back to Staff'
for further work. A mitigation monitoring
or reporting program must also be adopted.
MOTION Move that this City Council
finds that the Final EIR on
the project is adequate, and
certifies that the Final EIR.
has been completed in com-
pliance
om_Tali ce with. the California
Environmental Quality Act,
` the Mate Guidelines, and the
City's local Guidelines, and
that it has reviewed and con-
sidered the information
contained therein in making
its decision on the project;
(8) The decision making body must review and 7.23
consider the information in the EIR before
considering and approving the project,
UL.ANDS:S -Xi- 61kest, Soot;&Krieger
lAwAl Guidelines for Implementing the Staff Sunwiary of the IN
California Environme ntal 2:!!IitX Act 0991 CE A,Evaluation Process
(9) Before the decision maldng body approves 7.24
project, findings must be made as to
whether each significant effect identified in k
the EIR will be mitigated and why altern -
fives which could reduce environmental
impacts were rejected.
(10) Before the decision making body approves 7.26;
a project which allows significant effects to
occur without:mitigating these effects to a
level of insignificance, it must make written
findings setting forth the overriding
considerations which led the decision
making body to forego full mitigation.
MOTION: Move approval of the project
for the following reasons:
[State in writing reasons to
support approval] and further
fired that.
[Incorporate one or more
findings of overriding
considerations.]
(11) If the project is approved, the decision_ 7.28
maldng body directs Staff to prepare a
Notice of Determination (Form "F").
MOTION: Move approval and instruct
Staff to prepare and file a
Notice of Determination
thereon pursuant to the
City's Guidelines.
ry-
LIMA
RMLAN
i
DS.S -X11® dltp.Beg4LKriegern�
Y
WE
U,
Local Guidelines f*r Implementing the Sff Summary of the
California Env ronmentalualat Act(lel CEQA Evaluation Process
st
t�A
(I2) Staff must file a Notice of Determination 7.28, 7.31
7 with the Clerk of the Board and also with
MR
the Office of Planning and Research if the
project requires State approval within five
( ) working days of final approval after
F expiration of the Appeal period'. A fee of
$850 shall be paid at this time to the Clerk'
of the Board for projects which will
r adversely affect wildlife resources. The
Clerk's office may charge a documentary
handling fee of$25 per filing. The Notice
shall be posted in the office of the Clerk of
the Board for thirty ( 0) days. if a State-
ment of Overriding Considerations is
adopted, this must be noted in the Notice of`
Determination.
( ) Staff simultaneously and conspicuously 706,941.1
pasts Notice of Determination at City Hall.
(14) The thirty (30) day statute of limitation. for 7.28
legal challenges begins to run —ly after the
Notice of Determination has been filed with
the Clerk of the Board (and with the Office
of Planning and Research if approval by
any Star agency is involved).
F
I LA[ DS.S -xiii-, *Best, Best&Krieger
Local Guidelines for Implementing the
California Environmental 2eylt Act 1991' General Provisions, Pu se snd Polio
LOCAL G
FOR IMPLEMENTING
CAUFORNIA ENVIRONMENTALQUALITY ACT'
(1 I IO
1. QEDMEAL,PROVISIONS. PURPOSE A P I Y
1.01 a ,se. The purpose of these 1=9 Guidelines ("Guidelines")is to assist the City
�f
in implementing the provisions of the California Environmental Quality Act ("CEQA").
z
These Guidelines are consistent with the Guidelines for the Implementation of CEQA
("State Cl QA Guidelines") which must be 'followed by state and local agencies in
California. These Guidelines have been adopted pursuant to California Public Resources
Cale Section 21082 to help the City accomplish the basic objectives of CE A.
i (a) To enhance and provide long-term protection for the environment, whip providing
a decent home and satisfying living environment for every Californian.
(b) To provide information to governmental:decision-makers and the public regarding
the potential significant environmental effects of the proposed project.
(c) To provide an analysis of the environmental effects of future actions associated
with the project to adequately apprise all interested parties of the scope of the
project for intelligent weighing of the environmental; consequences of the project.,
ys
(d) To identify ways that environmental damage can be avoided or significantly:
reduced,
(e) To prevent significant avoidable environmental damage through utilization of
feasible project alternatives or mitigation measures.
K.
( To disclose d demons to to the public the ons why a governmental agency
,
X:2
approved the project in the manner chosen.
u'
REDLANDS.D -I- *Best, Best&Krieger
��r4
1
Local Guidelines rrelhmthe
ntCalifornianvironmt
" Act 1991 general Provisions, se and Folic
1.02 A101i bility These Guidelines apply to any activity of the City which constitutes
a "project*t" as defined in section 9.28. An Environmental Impact Report (" ") is
required for each such project which may have a significant effect on the environment.
When the City finds that a project will have no significant environmental effect, a
Negative Declaration or Mitigated Negative Declaration rather than an EIR shall be
prepared. a.
An M serves several functions for the benefit of the City and the public'.
An EII (1) identifies and analyzes the significant environmental effects of a proposed
project, (2) identifies alternatives to the project, and (3)discloses possible ways to reduce
or avoid potential environmental damage. These matters are to be evaluated by the City
before the project is approved or disapproved.
The EIR is an informational document{ It should not be used to rationalize
approval of a project, but at the sante time, indications of adverse environmental impacts
from the project which are identified in the EIR do not necessarily require disapproval
of a project. lather, when an EIR shows that a project would cause substantial adverse
changes in the environment, the City must respond to the information by one or more of
the following methods:
(a) Changing the proposed project.
(b) Imposing conditions on the approval of the project.
(c) Adopting plans or ordinances to control a broader class of activities to avoid the
problems,
(d) Choosing an alternative way of meeting the same need.
(e Disapproving the project.
(f) Finding that the unavoidable, significant environmental damage is acceptable
pursuant to a Statement of Overriding Considerations.
Although CEQA requires that major consideration be given to preventing
environmental damage, the City also has an obligation to balance other public objectives
for each project including economic and fall factors..
LANDSM _2- *Best, Ekst& Krieger
�4
e
Local Gui+felincs for Implementing the
California Enyironmental2aIi .Act 199 C-eneral Provisions, Purpose and Polic �
r
3
1.03 in z 'fhe State Guidelines encourage local
governmental agencies to reduce delay and paperwork byamong otherthings:
Integrating the CEQA process into early planning,
(b) Identifying projects which fit within categorical or other exemptions and are
therefore exempt from CEQA processing;
(c) Using initial studies to identify significant environmental issues and to narrow the
scope ofERs
(d) Using a Negative Declaration when a project not otherwise exempt will not have
a significant effect on the environment-,
3 (e) Consulting with state and local responsible agencies before- and during the
preparation of an EIR so that the document will meet the needs of all the agencies
s which will use it
(f) Allowing applicants to revise projects to eliminate possible significant effects on
the environment, thereby enabling the project to qualify for a Negative Declaration
rather than an
(g) Integrating CEQA requirements with other environmental review and consultation,
requirements;
(h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse'
1
comments on a completed document;
(i) Combining environmental documents will other documents such as general plans,
�F
Eliminating repetitive discussions of the same issues by using EIRs on programs,
policies or plans and tiering from statements of brow scope to those of narrower
scope;
�dk '�
A�
rt (k) Reducing the length of EIRs by means such as setting appropriate page limit
(1) Preparing analytic, .rather than encyclopedic EIs
s}' (m) Mentioning insignificant issues only briefly
(n) Writing Ells in plain language;
(o) Following a clear format for Ells;
(p) Emphasizing the portions of the EIS that are easeful to decision-makers and the
�4
pudic and reducing emphasis on background material;
<9
R LANDS. _ IoBestt Best Krieger
u
Milli,
...........
Local Guidelines for Implementing the
California Environmental, Act 19911 General Provisions, Eu w and PoIJEL
(q) Incorporating information by reference; and
(r) M `ng comments on EIRs as specific as possible.
1.04 !4m With StAM_jg_w. These Guidelines are intended to implement the
provisions of CEQA and the State CEQA Guidelines, and the provisions of CEQA and
the State Guidelines shall be fully complied with even though they may not be set forth
or referred to herein.
1.05 imim. The terms "must" or "shall- identify mandatory requirements. The
term "may" is permissive, with the particular decision being left to the discretion of the
City. The term "should" identifies the guidance of the Office of Planning and Research,
which the City can follow in the absence of countervailing considerations.
1.06 EjWal Inv-Aj"dfity. In the event any part or provision of these Guidelines shall be
determined to be invalid, the remaining portions which can be separated from the invalid
unenforceable provisions shall continue in full force and effect.
REDLANDSM -4- *Best, Best&Krieger
Ed
£e
Local Guidelines for Implementing the
California Environmental Qualit Act X1991 d and RMnsible Agencies
t
. LEAD-AND-RESPONSIBLE AfIENCMS
Et
2.01 Lead Agengy Prinowiple. The City will be the Lead Agency if it will have principal
responsibility for carrying out or approving a pro opt, Where a pro3ect is to ►� ed
out or approved by more than one public agency, only oneagencyshall be responsible
r
for the preparation of environmental documents, This agency shall be called the Lead
�xc
Agency..
3s
2.02 Selection of Lead Agency. Where two or more public agencies will be involved
with a project, the Lead Agency shall be designated according to the following criteria;
(a) If the project will be carried out by a public agency, that agency shall be the Lead.
Agency even if the project will be located within the jurisdiction of another public
�F
agency.
(b) If the project will be carried out by a nongovernmental person or entity, the Lead
Agency shall be the public agency with the greatest responsibility for supervising
Lµ
and,approving the project as a whole. The Lead Agency will normally be the
agency with the general governmental powers, rather than an agency with a single
or limited purpose. (Fear example, a district which will provide a public service
µ
or utility to the project serves a limited purpose.) If two or more agencies;meet this:
a
criteria equally, the agency which mets first can the project will be the Lead Agency.
(c) If two or more public agencies have a substantial Maim to be the Lead Agency
under either (a) or (b), they may designated one agency as the Lead Agency by
agreement. An agreement may also provide for cooperative efforts by contract,
joint exercise of powers, or similar devices. If an agreement cannot be reached,
a; the dispute may be submitted to the Office of Planning and Research by any public
agency, or the applicant if a private project is involved.
2.03 Dpties of g Lzad Aggau. As a Lead Agency, the City shall decide whether a
4 legative Declaration, Mitigated Negative Declaration or an EIR will be required for a
project and shall prepare and consider the document before malcing its decision o
whether or how to approve the project.
During the process of preparing an EI , the City shall have the following duties:
f
DL.ANDS.D _ t, t&Pric er
s
Local Guidelines for Imp enting the,
California Envirorunental ct-jiggil Lead anJ Responsible Agencies
(a) Immediately after deciding that an EI R is required for a project, the City shall send
to each Responsible Agency a Notice of Preparation (Form "G*) stating that an
M will be prepared. (See 7.02.)
(b) The City shall prepare the Draft EIR for the project. (See 7.03.)
(c) Once the Draft EIR is completed, the City shall file a Notice of Completion
(Form "H") with the Office of Planning and Research. (See 7.13.)
(d) The City shall consult with state, federal and local agencies which exercise
authority over resources which may be affected by the project for their comments
on the completed Draft EIR. (See 7.16.)
(e) The City shall provide public notice of the availability of a Draft EIR (Form "K")
at the same time that it sends a Notice of Completion to the Office of Planning and
Research. (See 7.13.)
(f) The City shall evaluate comments on environmental issues received from persons
who reviewed the Draft EIR and shaU prepare a written response. (See 7.20.)
(g) The City shall prepare a Final EIR before approving the project. (See 7.21.)
(h) The City shall certify that the Final EIR has been completed in compliance with
CEQA and has been reviewed by the City Council. (See 7.23.)
(i) The City shall include in the ETR Responsible Agencies' replies to the Notice of
Preparation. (See 2.06.)
2.04 nsible A90QLRdagilk. Where a project is to be carried out or approved
by more than one public agency, all public agencies other than the Lead Agency which
have discretionary approval power over the projects be called Responsible Agencies.
2.05 J2Mfig-3 of aRe nsble Agency. As a Responsible Agency, the City shall consider
the environmental documents prepared by the Lead Agency and reach its own conclusions
on whether and how to approve the project involved. The City shall also both respond
to consultation by the Ixad Agency and attend meetings as requested by the Lead Agency
to assist the Lead Agency in preparing adequate environmental documents. The City
should also review and comment on Draft EIRs and Negative Declarations. Comments
shall be limited to those project activities which are within the City's area of expertise
or are required to be carried out or approved by the City or are subject to the City's
REDLANDSM 08est, Beat&Krieger
Local Guidelines for Implementing the
California Environmental lit Act (19911__ Lead and rtes nsi le A eneies
l
,;,. powers. For private projects, the City, as a Responsible Agency, may require the project
proponent 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,.
n
.06 n a N ti f RLeVaption by Re =511P AggnCigs. Within thirty
(30) days of receipt of a Notice of .Preparation of an EIR, the City, as a Responsible
Agency, shall specify to the Lead Agency the scope and content of the environmental
information related to the City's area of statutory responsibility in connection with the
proposed prciet. At a- minimum, the response shall identify the significant
environmental issues and passible alternatives and mitigation which the City, as a
Responsible Agency, will need to have explored in the Draft EIR. Such information
shall be specified in writing, shall be as specific as possible, and shall be communicated
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 thirty 30) days after receipt
of the notice of the Lead Agency's determination. The Lead Agency shall incorporate.
this information into the EIR.
k` 2.07` Use of Final EIR or-Neizative:Declaration'b Reslaon ible Ag ne cies. e pity, as
{
a Responsible Agency, shall consider the Lead ,Agency's Final EIR or Negative Declara-
tion before acting upon or approving a proposed project. The City shall consider the
w
adequacy of the prior environmental documents for its purposes and in certain instances
may require that a subsequent EIR or a supplemental. EIR be prepared. Mitigation
measures and alternatives deemed feasible and relevant to theCity's role in carrying out;
the project shall be adopted. Findings which are relevant to the City's responsibility
shall be made. A Notice of Determination shall'be filed by the Responsible Agency, but
need not state that the Lead Agency's EIR or Negative Declaration complies with CEQA.
.08 Shift in Lead A enc Responsibilities. The City, as a Responsible Agency, shall
assume the role of the Lead Agency if
(a) The Lead Agency did not prepare any environmental documents for the project,
and the statute of limitations has expired for a challenge to the action of the
appropriate Lead Agency.
REDL aas.b -7- *Best, Best& Krieger
Local Guidelines for Implementing the
Califomia Environmental2ek Act 1991 Lead and EWnsible A envies
(b) -Ibe Lean Agency prepared environmental documents for the project, and all of the
following conditions occur;
(1) A subsequent or supplemental EIR is required;
(2) The Lead Agency has granted a final approval for the project; and
(3) The statute of limitations has expired for a challenge to the action of the
appropriate 1,ead Agency.
(c) The Lead Agency prepared inadequate environmental documents without providing
public notice of a Negative Declaration or sending Notice of Preparation of an EIR
to Responsible Agencies and the statute of limitations has expired for a challenge
to the action of the appropriate Lead Ag
RMLANDSM _#l.. &Kiippr
Local Guidelines for Implementing the
California Environ enUI ualit Act(19912 Activities 1'm t from CE A
. ACM9MLEXEMPT FROM CEOA
�3
.01 Actions,Subiect to CEOA. CEQA applies to discretionary projects proposed to be
carried out or approved by public agencies. If the proposed activity does not come
4;
within the definition of "project" contained in section 9.28, it is exempt from CEQA
review.,
"Project" does not include:
(a) Anything specifically exemp below.
(b) Proposals for legislation to be enacted by the Mate Legislation.
(c) Continuing administrative or maintenance activities, such as purchases for supplies.,
personnel-related actions, emergency repairs to public service facilities, ,general
y
policy and procedure making (except as provided in section 9.28), feasibility or
planning studies.
(+d) The submittal of proposals to a vote of the people.
(e) The closing of a public school and:transfer of students to other facilities where the
} resulting physical changes are categorically exempt,
3.02 hfinisLerial Projects. A ministerial project is exempt from CEQA review. This is
a project undertaken or approved by the City upon a giver set of facts, in a prescribed
Y
manner, and in obedience to statute, ordinance, regulation, or other legal mandate.. A,
ministerial project is one in which the City officer car employee has no power to exercise
personal judgment or opinion as to the method in which the project will be carried out.
CEQA review would be irrelevant for a ministerial project, because the City must aft in
a preordained way regardless of environmental impacts: The decision whether a
k'
proposed project is ministerial in nature may involve or rewire, to some extent, inter-
pretation of the language of the legal mandate, and should be made on acase-by-case
basis. Ministerial projects include, but are not limited to:
(a) Issuance of receipts for business es
t (b) Approval of final subdivision maps and final parcel maps;
;x (c) Approval of individual utility service connections and disconnections;
( ) Issuance of licenses;
yfi
REDLAI' DS.D -9- *Best, ESC Krieger
cr
�Yz
l..acal Guidelines fbr hnplernenting,the
California Environmental Act 1991" Activities Esetnz fromCE A
(e) Issuance of a permit to do street work;
(f) Issuance of building permits where the City does not retain significant discretionary
power to modify or shape the project in a way which:could respond to concerns
which might be identified in;an EIR. u
Where a project involves an approval that contains elements of bath a ministerial
and discretionary nature, the project will be deemed to be discretionary and subject to
the requirements of CEQA.
.03em,-ptions in Qcn-cW. CEQA and the State CEQA Guidelines exempt certain
activities and provide that local agencies shall further identify and describe certain;
exemptions. The requirements of CEQA and the obligation to prepare an EIR,
Negative Declaration or Mitigated Negative Declaration do not apply to the exempt
activities which are set forth in CEQA, the Mate Guidelines and this Chapter,.
.04 preliminaryEump ioa Assessment. If, in the judgment of Staff, a proposed
activity is:exempt, Staff should so find on the form; entitled "Preliminary ;Exemption
Assessment" (Form "A"). The Preliminary Exemption Assessment shall be retained at
q,
City Hall as a public record.
3.05 Notice gf Enmp&n. After City approval of an exempt project, a ".Notice of
Exemption" (Form "E")may be filed by Staff with the Clerk of the Board of Supervisors
("Clerk of the d") The Preliminary Exemption Assessment shall be attached to the
f
Notice of Exemption for filing.
The filing of a Notice of Exemption is recommended because it starts a -five
( 5) day statute of limitations on legal challenges to the City's determination 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.
3.06 DjsVZgv-gd RWjects. 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 a project prior to the City's disapproval of the project.
.07No lossibifity + figifl t ere it can be seen with absolute certainty
that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is exempt.
REDLANDSM _ O t,Best&Krieger
2
s Loral Guidelines for Implementing the
California Environmental Qualit Act (1991)_ Activities EMmV from CE2A
b.
3.E18 Em
ergena Projects, The following types of emergency projects are exempt. (The
term "emergency" is defined in section 9.10.)'
}µ
(a) Work in a disaster-stricken area in which a state of emergency has been proclaimed
by the Governorpursuant to`Section 8550 of the Government Code,
(b) Emergency repairs to public service facilities necessary to maintain service:
(c) Projects necessary to prevent or mitigate an emergency.
3.09 FggiiDifily. and Planning Studies. A project which involves only feasibility or
f.
planning studies for possible future actions which the City has not yet approved, adopted
or funded is exempt.
3.10 Rates. Tolls Faresand Chanes. The establishment, modification, structuring,
restructuring or approval of nates, tolls, fares or other charges by the City which the City
finds are for one or more of the purposes listed bele are exempt.
(a) Meeting operating expenses, including employee wage rates`and fringe benefits
(b) Purchasing or leasing supplies, equipment or materials;
(c) Meeting financial reserve needs and requirements;
(d) Obtaining funds for capital projects necessary to maintain service within existing
service areas.
11
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 setting forth the specific basis for the claim of exemption in
the record of any proceeding in which such an exemption is claimed.
3.11 rf Pi lin �i in P li lti h of~ +I The installation of a new i
p
>, line or the main ante, repair, restoration, reconditioning, relocation, replacement,
x removal or demolition of an existing subsurface pipeline is exempt where the project is
less than one mile in length and located.within a public street, highway or any other
F,x
public right-of-way.
3.12 Other Specific E emp ions. CEQA and the State Guidelines exempt many other
specific activities, including early activities related to thermal power plants, ongoing
projects, transportation improvement programs, railroad grade separation projects, and
restriping of streets or highways to relieve traffic congestion.. Specific exemptions are
i
I1Als _11- *Best, Best ger
Local Guidelines for Implementing the
CAfifO nJA Environmental 2ak Act 199 Activitie# ElEm 'fmaxa cA
lied in Public Resources Code Sections 21080 through 21080. 1 and in the State
Guidelines Sections 15264 through 15277.
3.13 The State Guidelines establish certain classes of
categorical exemptions. These apply to classes of projects which have been legislatively
3
determined not to have a significant effect on the environment and which, therefore, are
exempt= Compliance with the requirements of CA or the preparation of ;
environmental documents for any project which comes within one of these classes of
categorical exemptions is not required. The classes of projects are briefly summarized
below. (Reference to the State Guidelines for the full description of each exemption is
recommended,
The exemptions of Classes< , 4, 5, 6 and 11 below are qualified in that such
projects must be considered in light of the location of the project¢ A project that is
ordinarily insignificant in its impact on the environment may, in a particularly sensitive
environment, be significant. Th fore, these classes are considered to apply in all
instances except where the project may impact an environmental resource of hazardous
or critical concern which is designated, precisely mapped, and officially adopted pursuant=
to law by federal, state or local agencies.
It is important to note that all exemptions for these classes are:qualified to the
extent that they are inapplicable when the cumulative impact of successive projects of the
same type in the same place over time is significant (for example, repeated additions to
an existing building under Class 1) or when there is a reasonable possibility that the
activity will have a significant effect on the environment due to unusual circumstances.
With the foregoing limitations in mind, the following classes of activity are exempt
,1=1 Existing . li .
The operation, repair, maintenance or minor alteration of existing public or private
structures, facilities, equipment or other property of every kind, which involves
negligible or no expansion of use beyond that previously existing. (Mate Guidelines
Section 15341.)
REDLANt' SM -12- *Best,Bast& Krieger
�s
Local Guidelines for Implementing the
California.Enyironrnental2qalit Act(1991)_.. Activities Exam from CE
T
Class 2 R=11=me t or R nstruction.
_. Replacement or reconstruction of existing facilities, structures, or other property
ool
n
where the neer facility or structure will be located on the same site as the replaced or
a
reconstructed facility' orstructure d will have substantially the a purpose and
m=;
�t
capacity as the replaced or reconstructed facility or structure. (State Guidelines Section
15302.)
14
ClaaLl w n r nv in Qf Small r
3 y 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 shall structures from one use to another where only minor modifications are:
made in the exterior of the structure. This exemption includes structures built for both
residential and commercial uses.. e maximum number of structures allowable under
�r
this exemption is set forth in State Guidelines Section 15303.)
ClasS 4 Minor Alterations to Land
Minor alterations in the condition of land, water, and/or vegetation which do not
involve removal.: of mature or scenic trees. (State Guidelines Section 15304.)
Class 5 Minor Alte tin in Lan Lii ti ns.
'nor alterations in land use limitations in areas with an average slope of less than:
,n
20% which do not result in any changes in land use or density. (State Guidelines Section
15345.)
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. (State Guidelines,Section 15346.)
l Actions —R-egu-L4J= Agencies for p"r Lection of lila n R ur s.
i
Actions taken by regulatory agencies as authorized by State law or local ordinance
to assure the maintenance, restoration, or enhancement of a natural resource where the
4
regulatory process involves procedures for protection of the environment. (State
Guidelines Section 15307.)
x
yl 13 .i -1e st, Best>&Krieger
Local Guidelines for timplementing the
ActvicEm
a Environmental QualityAd 991 from CE2A
Actions 1' n v1
Actions taken by regulatory agencies, as authorized by State or local ordinance, to
assure the maintenance, restoration, enhancement, or protection of the environment
where the regulatory process involves procedures for protection of the environment.
iflunlim._
Inspection activities, including but not limited to inquiries into the performance o
an operation and examinations of the quality, health, or safety of a project. (State
Guidelines Section 15309.)
Qua
Loans made by the Department of"Veterans Affairs under the Veterans Farm and
Horne Purchase Act of 1943, mortgages for the purchase of existing structures where the
loan will not be used for new construction: and the purchase of such mortgages by
financial institutions. (State Guidelines Section 15310)
Class A=ssorx StW res.
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 life-
guard towers, mobile food units, portable restrooms or similar items in generally the
same locations from time to time in publicly owned parks, stadiums or other facilities
designed for public use. (State {guidelines Section 15311.)
Clasa 12 S=Iul Govern
Sales of surplus government property, except for certain parcels of land located in
an area of statewide, regional or areawide concern. (Mate Guidelines Section 15312,)
Class 13 _A f Wildlife. n ry n Nrvoses. t
Acquisition of lands for fish and wildlife conservation purposes, including habitat;
preservation, and for preserving access to public lands and waters where the purpose of
the acquisition is to preserve the land in its natural condition. (Mato Guidelines Section
15313.
REDLANT7s.l -14-
,_ *Bat, t& Krieger
s
Laical Guidelines for Implementing the
California Rnvironmcntal ualit Act 1991?;_ Activities ELc=from CEQA-
Qlass, 14 Minor Additions to Schools.
Near additions to existing schools within existing school grounds where the
�«7
addition does not increase original student capacity by more than 25 l or ten classrooms,
014" whichever is less. The addition of portable classrooms is included an this exemption.
F3�
(State Guidelines Section 15314.)
f
Class 15 Minor LMd Divisions.
Divisions of property in urbanized areas zoned for residential,; commercial or
industrial use into four or fewer parcels when the division is in conformance with: the
General Plan and .ming requirements, no variances or exceptions are required, all
services and access to the proposed parcels to l standards are available, the parcel
P l�
was not involved in a division of a larger parcel within the previous 2 years, and the
U�
parcel does not have an average slope greater than 20 Percent. (State Guidelines Section
15315.)
r
Class I Twsfr gf Qwnrr hi ;of i—nQ&r' `o P
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,.- (CEQA will appy when a
management plan is proposed that will change the area from its natural condition or
` significantly change the historic or archaeological site.) (State Guidelines Section 15316,)
{lass 1 QMn 52M Q20IM-0159-r-L95CM-CM15.
�. Establishment of agricultural preserves,: making and renewing: of open spate
contracts under the Williamson Act, or acceptance of 'easements or fee interests in order
to maintain the open space character of the area. e cancellation of such preserves,
xn contracts, interests, or easements is not included in this exemption.) (Mate Guidelines
p
y`
Section 15317.)
Class : ire i h f '1 A
Fy
Resignation of wilderness areas under the California Wilderness System. (State
;
Guidelines Section 15318.)
a
REEL DSM -15- *B st,Best&Krieger
i oc� Guidelines for Impl�xncnt�ri�
Caubmia Environmental 2Lak Act Ml Activities Er a" from CE2A
(a) Annexations to a city or special district of areas containing 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; Yk
provided, however, that the "tension of utility services to the existing facilities would `
have a capacity to serve only the existing facilities.
(b Annexations of individual small parcels of the minimum size for facilities
exempted by Class 3`. (State guidelines Section 15319.)
l
Changes n the organization of local governmental agencies where the changes do
not change the ;geographical area in which previously existing powers are exercised.
(State Guidelines Section 15320.)
QUM Ed= nt 1Wmt Ag
Actions b the Ci to enforce or revoke a l certificate, or
�' , permit, license,
other entitlement for use issued, adopted or prescribed by the City or a law, general rule,;
standard, or objective, administered or adopted by the City. (Construction activities
undertaken by the City in taking the enforcement or revocation action are not included
in this exemption.) (State guidelines Section 15321.)
l _ Uuofionalmr i-_-ftgrams.Inmlyinghkcal
The adoption, alteration, or termination of educational or training programs which
involve no physical alteration in the area affected or which involve physical changes only
in the interior of existing school or training structures. (State guidelines Section 15322.)
`n i i . r Publig
xN
Continued or repeated normal operations of existing facilities for public gatherings
for which the facilities were designed, where there is past history, of at least three years,
of the facility being used for the same or similar purposes. Facilities included within this
exemption include, but are not limited to racetracks, stadiumsconvention centers,
auditoriums, amphitheaters,planetariums, swimming pools and amusement parrs. (State
Guidelines Section 15323.)
REDt ro p -16- *11est, Beg&KrieW
,f
Local Guidelines for Implementing the
Galift rnia Bnvironmentsl .t Act 1991 Activities xem t from CE2A
Class4, Rei lation of-W--Qrldng Conditions.
Actions taken by the City to regulate employee wages, hours of work or working
conditions where there: will be no demonstrable physical changes outside the place o
work. (State Guidelines Section 15324.)
l2
1 T fer f wn r hi f lnter in o ery n
Transfers of ownership of interest in land in order to preserve open space.
Examples include, but are not limited to acquisition of areas to preserve existing natural
conditions, to allow continued agricultural use of the areas, to allow restoration of natural
conditions, or to prevent encroachment of development into flplains, (State
Guidelines Section 15325.)
lr ss i iti n of Housing for H-Qg5ing Assistance Rwgrgma.
Actions by a redevelopment agency, housing authority, or other public agency to
implement an adopted Housing Assistance plan by acquiring an interest in housing units.
(State Guidelines Section 15326.)
Q-_27 L in ITew Fad ilities.
Leasing of a newly constructed or previously unoccupied privately owned facility
by a local or state agency where the City determines, based on specific criteria, that the
�f
building is exempt. (State Guidelines Section 15327.)
Class 28 Small H noel Pro_jtcAs s Existing,Fac°lifi ,
rz ' ection withIns
Installation of certain smallhydroelectric generating facilities in conn
existing dams, canals, and pipelines. (State Guidelines Section 15325.)
Class-21 i n l'roj t i `n '
cili
U Installation of cogeneration equipment with a capacity of 50 megawatts or less at
x existing facilities meeting certain conditions. (Mate guidelines Section 15329.)
jy
iz
�5
Mr [3l Al�IT3g I3 �17m *Best, Best Rieger
�h
?r
Local Guidclints for impl=wting the Time Limitations
"W. 9— uo It Act1991Z.W........
California En Ir 11MI 1
4.
Staff shall determine whether the
4.01 1110in
the
application for a private project is complete within thirty (30) days of receipt of
application. No application may be deemed incomplete for lack of a waiver of the time
limitations in sections 4.03 and 4.04.
F
4.02 12ii:1aminafim-QLE iI; MW-LOQW. 'xcept as provided in section 4.05
Staffs initial determination as to whether a Negative Declaration, Mitigated Negative
Declaration or an EIR should be prepared shaU be made within thirty (30) days from the
date on which an application for a project is accepted as complete by the City. This
period may be extended 15 days with consent of the applicant.
111 7111, Ij�yg For private projects, the
4.03
Negative Declaration/Mitigated Negative Declaration shall be completed and a
recommendation made by the ERC no later than 105 days from the date on which an
application requesting approval of a project is accepted as complete. Completion of a
Negative Declaration/Mitigated Negative Declaration within the 105-day period shall
include completion of the Initial Study, public review and the preparation of documents
ready for approval by the decision making body. Completion within the 105-day period
does not include the approval of the Negative Declaration/Mifigated Negative Declaration
by the decision making body.
In the event that compelling circumstances justify additional time and the project
applicant consents thereto, Staff may provide fora reasonable extension of the time limit
for completing and adopting the Negative Declaration/Mitigated Negative Declaration.
=LCCg1Lf , a EIR
&g=_Df fingl jects, the Final
4.04 _M. For priv cite pro
shall be completed and certified by the City Council no later than one (1) year from 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 circumstances justify
additional time and the project applicant consents thereto, the City Council may provide
for a reasonable extension of the time limit for completing and adopting the EIR.
REDLANDSM *Best, Best&Kriegor
Local Guidelines for Implementing the
CaliforniaEnvironmentalug
h Act 1991); Time Limitations
4.05 Ur jeas With Short Lim Periods for A r v 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
ter_
with both the permit statute and CEQA, the City shall deem an application for a project
as not received for filing under the permit statute until such time as the environmental
documentation required by Cl QA: has been completed. This section, will apply where
3r
all of the following conditions are met:
(a) The enabling legislation for a program, other than the provisions for development;
projects under Chapter 4. (commencing with Section 65920) of Division 1 of Title
e
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
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
(c) The project involves the issuance of a lease, permit, license, certificate or other,
entitlement for use.
In any case, the environmental document shall be completed or certified and the
decision on the application shall be made within one (l) year from the date on which an
application requesting approval of such project is accepted as complete for CEQA
processing by the City. This one>(l) year time limit may be extended once for a period
not to exceed ninety 0) days upon consent of the applicant.
7
4. 6 S11=nsion of Time Periods. An unreasonable delay by an applicant in meeting
a,
City requests necessary for the preparation of a Negative Declaration or an shall
suspend the running of the time periods described in sections 4.03 and 4:44 for the
period of the unreasonable delay. Alternately, the City may disapprove a project
application where there is unreasonable delay in meeting requests.
DLANDSM -19- 108est„ Best&Krieger
Local uidellnes for amp1mentint ilac
o Environmental Apt a�+a anitiat stud
5. INMAL3=
P
5.01 tudv. If the City determines t it is the Lead Agency for
a project which is not exempt, the City shall prepare an initial Study to ascertain whether
the project may have a substantial adverse effect on the environment, regardless of
whether the overall effect of the project is adverse or beneficial. All phases of project
planning, implementation and operation roust be considered in the Initial Study:
(a) For City projects, the Initial Study shall be prepared by Staff or by private experts
pursuant to contract with the City.,
(b) For private projects, 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
ine'
whether the proposed project may have a significant effect on the environment. All
costs incurred by the City in reviewing the data and information submitted, or in
conducting its sawn investigation based capon such data and information, or in
preparing an Initial Study for the project shall be Marne by the person or entity
proposing to carry out the project.
5.02: When more one public agency
will be involved in undertaking or approving a project, the City as Lead Agency shall
consult with all Responsible and any Trustee Agencies, Such consultation shall be
undertaken as part of the Initial Study process pricer to determining whether an EIR,;
Mitigated legative Declaration 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, Negative Declaration or Mitigated Negative Declaration will reflect
the concerns of all Responsible Agencies that will issue approvals for the project and all
Trustee Agencies responsible for natural resources affected by the project; It may
include consultation with other individuals or organizations with an interest in the project.
The Office of Planning and Research,, upon request of the City or a private project
applicant, shall assist in identifying the various Responsible Agencies for a proposed
project.
rtEDLANtas,ta -20- t, Best& Kritger
..N.m,1.1""e"'10-1 xu Z01"9""
s
n<°
Loc4d Guidelines for Implementing the
fornia Environmental Act (1991)" Initial stud
If, during the early consultation process itis determined that the project will clearly
have a significant effect on the environment, the City may immediately dispense with the
,Y
Initial Study and determine that an EIR is required.
r.
5.03 Consultation With Private Project At�lili t: inuring or immediately r
preparation of an Initial. Study for a private project, the City may consultwith the
E
appli t to determine if the appli t is willing to modify the project to reduce or avoid
the significant effects identified in the Initial Study. If the project can be revised to avoid
s
or mitigate effects to a level of significance and there is no substantial evidence before
}x
the City that the project, as revised, may have a significant effect on the environment,
the City may prepare and adopt a Negative Declaration. If any significant effect may
�r
still occur, despite alterations of the project, an EIR must be prepared.
} 5.04 Pu ses of Initial Study. The Initial Study shall be used to determine whether a
Negative Declaration, or Mti.gated Negative Declaration or an Ems; shall be prepared for
a project.: It provides written documentation of whether the City found evidence of
significant adverse impacts which might occur. The purposes of an Initial Study are to:
y (a) Identify environmental impacts;
(b) Enable an applicant or Lead; Agency to modify a project, mitigating adverse
impacts before an EIR is written;
(c)` Focus an EIR, if one isrequired, on potentially significant environmental effects;
(d) Facilitate environmental assessment early in the designof a project,
(e) Provide documentation of the factual basis for the finding in a Negative Declaration;
that a project will not have a significant effect on the environment;
(f) Eliminate unnecessary IRs.
5.05 Contents of initial Study. An Initial: ,Study shall contain in brief forma
t (a) A description of the project, including the location of the project: The project
description must be consistent throughout the environmental review'process;
. (b) An identification of the environmental setting,
ss; (c) An identification of environmental effects by use of a checklist matrix, other
method;
(d) A discussion of ways to mitigate any significant effects identified;
DLANDs° -21- Varst, Best&Icricg r
rti dcha=for Implomenting the
(fie) An examination of whether the project is compatible with existing zoning and local
land use s;
(f) The name of the person or persons who prepared or _participated in the Initial
r,
Study;
(g) A summary of any comments regarding the project received from Responsible yy
Agencies, Trustee Agencies or other persons.
(h) Identification of prior EM or environmental documents which could be used with
the project..
5. When properly completed, the Environmental
Information Form (Form *I*) and the Environmental Checklist Form (Form *I") will
meet the requirements of section 5.05 for private projects. For a City-initiated project,
the requirements of section 5.05 will be met by use of the Environmental Checklist Form
(Form «d*) and a separate attachment containing a description of the project, including
its location and an identification of the environmental setting and summaries of any
M1
comments received regarding the project.
Without supporting factual data,; use of these checklist forams may no longer meet
legal requirements. An Initial Study must consist of more than mere conclusions and
must disclose the data or evidence upon which the City relied in conducting the study.
The City should augment the checklist forms with supporting factual data and reference
information sources when completing the forms. Explanation of all "yes* and "maybe"`
answers should be provided on attached sheets. It is also advisable to state briefly why
*no* answers were ch
5.07 . In evaluating the environmental
significance of effects disclosed by the Initial Study, the City shall consider:
(a) Whether the Initial Study and/or any comments received informally during
consultations indicate that 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 EIS should be prepared.
(h) Whether both primary (direct) and n (indirect)consequences of the project
were evaluated. Primary consequences immediately related to the project,
�M
M.G�a;,
Local Guidelines for Implementing the
Y
California Envirorunental2u&ItAct 2991 Initial Stud
z while secondary consequences are related more to the primary consequences than
to the project itself. For example, secondary impacts upon the resources base,
including land, air, water and energy use of an area, may result from 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 resulting from a
s
project are not, in themselves, to be treated as significant environmental effects.
t
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.
(dWhether there is serious public controversy or disagreement among experts over
the environmental effects of the project. However, controversy or disagreement
alone shall not require preparation of an Ems'.in the absence of substantial evidence
of significant effects.
f (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
ti
create a significant environmental effect, absent information to the contrary,
5.08 MandaIM Findings 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 shah be required:
(a) The project has the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or endangered
plant or animal, or eliminate important examples of major periods of California
history or prehistory.
(b) The project has the potentialto achieve short-term. environmental goals to the
disadvantage of long-term environmental goals.
(c)' The project has possible environmental effects which are individually limited but
cumulatively considerable, As used in this subsection, umulatively considera
bl
DL DSM -23- *Best, Best&Krieger
Uncal Guidelines for Implementing the
California Environmental Quality Acs 1991 initial LWd
means that the incremental effects of art individual project are considerable when
viewed in connection with the effects of put, current and probable future projects.
(d) The environmental effects of a project will cause substantial adverse effects on
humans either directly or indirectly. n
5.t . The City, as Lead
Agency, shall prepare or cause to be prepared, and certify the completion of, an EIR for ,
any project involving the burning of municipal wastes, hazardous waste or refuse-derived
fuel, including but not limited to tires, if the project consists of either of the following;
(a) ThThe construction of a new facility.
(b) The expansion of an existing hazardous waste burning facility which would increase
its permitted capacityby more than percent (10%).
The City shall calculate the percentage of expansion for an existing facility by
comparing the proposed facility capacity with either of the following that is applicable::
(a) The facility capacity authorized in the facility's hazardous waste facilities permit
pursuant to § 25200 of the Health & Safety Code, or its grant of interim status;pur-
suant to § 25200.5 of the Health &Safety Code, or the facility capacity authorized �
in any state or local agency permit allowing the construction or operation of the
facility for the burning of hazardous waste granted before January 1, 1990.
fbl The facility capacity authorized in the facility's original hazardous facilities permit,
grant of interim status, or any state or local agency permit allowing g the
construction or operation of a facility for the burning of hazardous waste, granted
on or after January 1, 1990.
The EIR requirement does not apply to any project which tUluaiyrdy burns any of
the following:
(a) digester gas produced from manure or any ether solid or semi-solid animal
waste;
(b) medme gas produced from a disposal site which is used only for the disposal
of solid waste`,
(c)' forest, agricultural, wood, or other biomass wastes;
L osM -24-
Beat Krieger
Local Guidelines For Implementing the
California l`7nvironm+ tal Act 1"1' Initial Stud
(d) hazardous waste in an incineration unit which is transportable and which is
either at a site for not longer than three years or is part of a remedial or
removal action;
(e) refinery waste burned in a flare on the site of generation;
(f) methane gas produced at a municipal sewage treatment punt and burned in
a fly;
( hazardous waste, or hazardous waste as a supplemental fuel, as part of a
research, development, or demonstration project which, consistent with the
Resource Conservation and Recovery Act of 1976, has been determined to
be innovative and experimental by the Mate Department of Health Services
and which is limited in type and quantity of waste to that necessary to
determine the efficacy and performance capabilities of the technology or
process, provided, however, that any facility which operated as a research,
development or demonstration project and for which an application is there-
after submitted for a hazardous waste facility permit for operation other than
as research, development, or demonstration project shall be considered a,.
new facility for the burning of hazardous waste, and therefore subject to EIR
requirements;
(h) soils contaminated only with petroleum fuels or the vapors from these soils,
(i) exclusively treats less than 3,000 pounds of hazardous waste per day in a
thermal processing unit operated in the absence of open flame, and submits
a worst-casc health risk assessment of the technology to the Mate Department
of Health Services for review and distribution to the public.: This assessment
k
,lia4p
shall be prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control' Officers,
f.4 Association;
r - exclusively burns less than. 1,200 pounds of infectious waste per day, as
defined in Section 25117.5 of the Health and Safety Code, on hospital sites;:
f'
chemicals and fuels as part of firefightertraining;
RED At D&D —25— 08estb Best&Krieger
local Guidelines for Implementing the Initial 5ttu�
�h
California Environmental lit Act I99I }?t
explosives
subject to the requirements of
exclusively conducts open bums of exp
the local Or regional air pollution control district and in comp ` with
OSHA A and cal-OSHA regulations; or
Wexclusively conducts onsite burning
of less 3,000 pounds per day of
fames directly from a manufacturing
or commercial process.
rci ects;are not exempt from the other requirements of CECT ►, the State {
Such p � ra ect over
°Guidelines, or these local Guidelines. This section does not apply to any p !
which the State Energy Resources Conservation and Development Commission has
assumed jurisdiction per Health and Safety code Section 25500, C1 M.
5.10 m ect involves
During the_Ini ' Study, Staff should determine whether the pr p l
residential development consistent with an earlier zoning or community plan to
accommodate the particular density of development for which an environmental impact
report has been certified. If an earlier EIR for the zoning or planning
action has been
certif"aed, an
d if the proposed project is approval of a subdivision map or residential
development, CEQA applies only insofar as the project raises environmental effects
peculiar to-;the parcel which were not addressed in the earlier EIR. off-site and
cumulative effects not discussed in the general plan EIR must still be considered.
Ligation measures set out in the earlier FIR should be implemented at this stage-
ge-
Environmental effects shall not be considered peculiar to the uniformly l If uni y
applied development policies or standrds have been previously adapted by a city or
county with a finding based
on substantial evidence that the policy or standard will
substantially mitigate theenvironmental effect when applied tti future projects. Any re-
zoning
form
action consistent with the Community Plan shall be subject to p
CEQ
A in accordance with this Section. '"Community Plan" means part of a city general
plan which (1) applies to a defined geographic portion of the total arm included in the
general plan, (2)complies with Article 5 (commencing with Sermon 653 00)of chapter
of Division i of Title 7 of the Government Code by referencing each of the manila
tory
ified in government Code Section 65302, and (3) contains spI
fic
elements
development policies adapted for the area to the+Community Plan and identifies measures
IuWLANDs;n
-26- 08CA.Bed&Krieger
.;.
c z'
Local Guidelines for Implementing the
California Environmental Quality Act(199 1) initial Stud
�1
to implement those policies, so that the policies which will apply to each pard can be;
determined.
Chfw
5.11 Envir m act Assessment. Basedupon the Initial Study, Staff shall
determine whether a proposed project may or will have a significant effect on the
environment. Such determination shall be made in writing on the Environmental Impact
n Assessment Form (Form "C"). If Staff finds t project will not have a significant
effect on the environment,it shall determine that a Negative Declaration be prepared and
submitted to the decision making body. If Staff finds that a project may have a
significant effect on the environment but the effects can be mitigated to a level of
r insignificance, it shall recommend that a Mitigated Negative Declaration be prepared and
adopted by the decision making body. If Staff finds that a project may have a significant
effect on the environment, it shall determine that an EIR be prepared and submitted to
the decision making body.
s
Staff shall submit its determination to the ERC for review. The ERC shall then
accept, modify or rejectStaff's recommendation. Such determi
LoorAl Guidolina for;impl ting the
Colfornia Environmental t Act 19911 NSLative_Dcdarztion
b. NEGATIVE DECL ARATlt N
6.01 . A Negative Declaration (Form "E")
shall be prepared for a project subject to CE PA when the Initial Study shows that there n
is no substantial evidence that the project may have a significant, or potentially
significant, adverse effect on the environment.
6.02 ' i v lkglgafign. A Mitigated Negative
Declaration (Form "E") shall be prepared for a project subject to CEQA;when the Initial
Study identifies potentially significant effects on the environment, but:
(a) The project applicant has agreed to revise the project or the City can revise the
project to avoid these significant effects or to mitigate the effects to a pent where
it is Near that no significant effects would occur, Ind
(b) There is no substantial;evidence before the City that the revised project may have
a significant effect.-
If an applicant proposes mitigation measures, the project glans must be revised to
incorporate these mitigation measures f the proposed Mitigated Negative Declaration
is released for public review. It is insufficient to require an applicant to adopt mitigation
measures after final adoption of the Mitigated Negative Declaration or to state that
mitigation;measures will be recommended on the basis of a future study. The City must
know the measures now in order for them to be evaluated and accepted asadequate
mitigation. Except where noted, the procedural requirements for the preparation and
approval of a Negative Declaration and Mitigated Negative'Declaration are the same.
6.0 . When the ERC, based upon4
the Initial Study, recommends to the decision making body the adoption of a Negative
Declaration, a notice of Preparation of Draft Negative Declaration (Form "D") shall. be
provided to the public, to all Responsible Agencies and to every other public agency with
jurisdiction by lav over resources affected by the project at least twenty-one ( l) days
before the;final adoption of the legative Declaration by the decision maldng body. If
the documents are submitted to the State Clearinghouse for circulation, the public review011
period shall be not less than thirty 0) days. (See ,Section 6.04.)
m
l DS.t) -28- 'Oficst,Boa Kfieser
` Local Guidelines for implementing the
California nviranrnental la Act 1"991 i�c at vc Declaration
4;
The Notice of Preparation shall contain the following information:
Oils! (a) The perp daring which comments shall be received.
(b) The date, time and place of any public meetings or hearings on the proposed
4 project.
(c) A brief description of the proposed project and its location.
y' (d) The address where copies of the Negative Declaration am available for review.
6.04 Posting PubligLtion of Negative Declaration. The City shall have a copy of the
Notice of Preparation, the Draft Negative Declaration and the Initial Study posted at the
City's offices and made available for public inspection. The'Notice must be provided
dither twenty-one (21) or thirty ( 0) days prior to final adoption of the Negative
Declaration.
The Notice mast also be posted in the office of the Clerk of the Board of
q
Supervisors in the county in which the project is located and must remain posted for a
minimum of thirty (30) days.
Notice of Preparation of a Negative Declaration shall. be'mailed to any individual
T who has filed a written request with the City Clerk. The City may charge a fee for this
sv
service, except to tither public agencies. The City may require requests for notices to
be renewed
Notice shall be ,given by mail to all organizations and individuals who have pre-
viously requested such notice and to the general public by at least one of the following
procedures:
(a) Publication at least once in a newspaper of general circulation in the ar affected
by the proposed project..
(b) hosting of notice on and off site in the area, where the project is to be located.
( ) Direct mailing to owners and occupants of property contiguous,to the project, as
such owners are shown on the latest equalized assessment roll,
Sgbrai:sAO of NeggjLve, Dgplgration t n h Negative
Declaration must be submitted to the Mate Clearinghouse for circulation in the following
situations:
( ) The Negative Declaration is prepared by a Lead Agency that is a state agency.
DL DS,D -29- OBest,Best& Krieger `
r
C Vt'Dee
Gfor 1rra Act 19+91 In€;
�Worrux Envircrrnraenlal
public agency where a stag agency is
The Negative Iclaration is
prepared by a p z
jurisdiction y law with
a Responsible Agency, Trustee Agency, or otherwise has f
re.spect to the project. for project identified in State Guidelines Section s�€
Declaration is p
(c The Negative significance-regional, Or areawide sig
152U6 as being of statewide, reg
Negative laxation may also be submitted to the State Clearinghouse
house for
A hiegatl and to the environmental
rtise with reg
circulation if a stag agency has spec
dal carpe
alive Declaration is subm
impacts involved. When the Seitted to the State Clearing-
g and stoop be
view the public review period small be at least thirty (30) days
house for re � State Cl ghouse. The Lead Agency
at least as long as the period of review by the ,the: State
Declaration received by
s consider any comments on the Negative When a; Negative Declaration is
comment period.
the public comm
Clearinghouse within orrn � �) should be
submitted
to the State Clearinghouse, a Notice of Completion +(F
included as a cover sheet. the State Cl ghouse can
A shouter review period for a Legative Declaration by shall not be less
g uestecl by the decision making body. The shortened review period
b the Lid Agency
t11an twenty-one(21) days, Such a request must be made in writing y
d Research. . The decision rn�g body may designate by
to the office of p g Any
or ordinance an individual authorized to request a shorter review Period'
lution and re in, the public
period must be given prior to,
approval of a shortened review pe not be mired by the office of
a shortened review periods wide
notice. However, regional or
Planning and
Research for any proposed project of statewide, reg
si 'ficance as defined by State Guidelines Section 15206
environmental _ Project
environ . For any
6.06 hazardous
a rdous wastes, or refuse-derived fuel,
involving the burning of municipal wastes, given to all
t not limited to tires, as defined in Section 5.09', notice s be g
including but nested notice and shy also be
organizations and individuals who have previously reqclition, notification
given by all thrlee of the Procedures listed 1n section 6a14 above, In ad y
gr within on+e-- ;}
given by direct mailing to the owners and occupants of p
shati
eta,Best&Kmrcr
- t}
R;p1„NDS.D
. .
64 %..".',. .;..-ax
Loral Guidelines for Implementing the
California Environmental u! t Act Q991y Declaration
fourth of a mule of any parcel or parcels on which a project subject to this section is
located.
These notice requirements apply only to those projects described in section 5,09.
These notice requirements do not preclude the City from providing additional notice by
other means if desired.
6.07 Content of Negative Ltecl tion. A Negative Declaration must be prepared
directly' y or under contract to the Lead Agency and should generally resemble Form
r " ". It shall contain the following information;
( A brief description of the project proposed, including any commonly used name for
�h
the project, if:any.
(b) The location of the project and the name of the project proponent.
Wa^Sk
(c) A finding that the project as proposed will not have a significant effect on the
environment.
(d) An attached copy of the Initial Study documenting reasons to support the finding.
(e) For a Mitigated Negative Declaration, mitigation measures included in the project
to avoid potentially significant effects.
6.08 Adaption of Negative I3ggl tion. Following the publication, pasting or mailing
of the Notice of Preparation of a Draft Negative Declaration, but in no eventsoo
ner than
twenty-one ( 1) days following the elate of such publication, posting or mailing, the
decision sion g body shall review the Negative Declaration together with any written
comments received during the public review process. If the decision making body finds
that the project will not have a significant effect on the environment it shah adopt the
Negative Declaration. If, however, the decision making body finds that the proposed
r
project may have a significant effect on:the environment, it shall order the preparation
of a Draft EIR and the filing of a Notice of Preparation of a Draft FIS 4.
6.09 &W-ni-ng or Monitoring Pro ram for Mitigated Negatiy_e_D_eclgrLtign. When
adopting a Mitigated Negative Declaration pursuant to section 6.02, the City shall adopt
a reporting or monitoring program to assure that mitigation;measures which are required
to :mitigate or avoid significant effects on the environment will be implemented by the
project proponent or other responsible party in a timely manner and in accordance with �
DLAND M -31- anent„ Best&Krieger
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Local Guidelines for Implanenting the
California Environmental Qua!iX Act 11991 Negadvt Declaradon
project approval` There is no requirement that the reporting or monitoring program be
circulated for public review; however, the City may choose to circulate it for public
comments along with the Nfitigated Legative Declaration.
This reporting or monitoring program shall be designed to assure compliance during
the implementation or construction of a project. If an agency with jurisdiction over the
natural resources affected by the project has required that certain conditions be
pT
incorporated into the project, the. City may request that agency to prepare and submit a
proposed reporting or monitoring program.
agencies have the authority to levy fees sufficient to pay for this program.
Therefore, the City can charge the project proponent a fee to cover actual costs o
program processing and implementation.
Transportation information resulting from the reporting or monitoring program
required to be adopted by the City shah be submitted to the regional transportation
planning agency where the project is located if the project impacts have statewide,.
regional or areawide significance as identified in Stag Guidelines Section 15206. The
transportation planning agency is required by law to adopt guidelines for the submittal
of these reporting or monitoring programs, so the City may wish to tailor its submittal
to such guidelines.
6.10 A rgval or Lisa p&.41 gf Fr 'ect. At the time of adoption of a Legative
Declaration, the decision making body may consider the project for purposes of approval
or disapproval. Prior to approving the project, the decision maldng body shall consider
the Legative Declaration together with any written comments received during tate public
review process, and shall approve or disapprove the Legative Declaration. In making
a finding as to whether there is any substantial evidence that the project will have a
significant effect on the environment, the factors listed in section 5.07 should be
considered. �q
�S "1.26 for approval requirements:for facilities which:. y `t dour
air emissions near schools.) if the Negative i ec tion is revised significantly in
response to comments received during the public review period (ie., new mitigation i
r
measures are added), the documents should be recirculated for public review.
Local guidelines for Implementing the
Califaa is nvir nmental ualit Act l l ale at ve DeclMdon
6.11 N 'ce gf DgJCrmin&tipn. Following consideration and approval of a project for
which the City is Lead Agency, the decision making body shall order Staff to prepare
and file a Notice of Determination (Form "F") which shall contain the following:
(a) An identification of the project including its common name where possible and its
location;
(b) A brief description of the project;'
(c) ThThe date on which the City approved the project;
(d) The determination of the City that the project will .not have a significant effect on
the environment
(e) A statement that a Legative Declaration has been prepared pursuant to the
5
provisions of CQA and
n
(f) The address where a copy of the Negative Declaration may be examined.
The Notice of Determination shall be filed with the Clerk of the Board of each
county in which the project will be located within five (5) working days of final project
approval after expiration of the appeal period.. The Notice must be posted in the office
of the Clerk of the Board for a minimum of thirty ( 0) days. If the project requires
discretionary approval from any Mate agency, the Notice of Determination shall also b
filed with the Office of Planning and Research. Simultaneously with the filing of the
Notice of Determination with the Clerk of the Board, Staff shall cause a copy of the
Notice of Determination to be posted at City Mall. A copy of the Notice of
Determination must be sent to any person who has filed a written request with the City,
;n The recipients of such documents may be charged a fee reasonably related to the cost of
r
m
providing the service.
The filing and posting of a Notice of Determination with the Clerk of the Board,
and if necessary with. the Office of Planning and Research, starts a -day statute of
limitations on court challenges to the approval under Cita When separate notices aro
r., Bled for successive phases of the sane overall project, the y statute of limitation
to challenge the subsequent phase begins to run when the second Notice is filed. Failure
to file the. Notice results in a 180-day statute of limitations,
�' REDLANDSM -33- eldest, Best&Krieger
Local Guide'Guidelim for Implementing tate
CaWbrnia Environmental Nati Act(19911 ve DmIaration
6.12 Private Project Costs. For private projects, the person or entity proposing to carry
out the project shall bear all costs incurred by the City in making the Initial Study and
i pr gd filing Negative Declarationand Notice of
Determination.
6.13 Eifing Em fQr Pmimts Whigh Atht
Wildlife At the time a Notice
of Determination for a Negative Declaration, is filed with the Clerk of the Board, a fee
of$1,250 shall be paid to the Clerk of the Board for projects which will adversely affect
wildlife resources. These fees are collected by the Clerk of the Board on behalf of the
California Department of Fish and Game ("DFG*).
Only one filing fee is required for each project unless the project is tiered or phased
and separate to environmental documents are prepared. For projects where a Lead Agency
and. Responsible Agencies file separate Notices of Determination:, only the Lead Agency
is required to Pay the fee.
In addition, the Clerk of the Board is authorized to charge a documentary handling
fee of$25 per filing in addition to the filing fee specified above.
No fees are required for projects exempt from;CEQA; thus the City is not required
to pay this fee for fig Notices of Exemption. Moreover,;no fee is required for projects
with a " rte' mis" effect on wildlife resources. This is an important exception. If the
City believes that a project will have a dg miniMi effect on wildlife resources, it should
file the Certificate of Fee Exemption attached as Form "L". This form requires the City
to set forth facts in support of the fee exemption. These should include; (1) a brief
description of the project and its location; (2) a statement that an initial study has been
prepared by the City to evaluate the project's effects on wildlife resources, if any; and
(3) a declaration that there is no evidence before the City that the project will have any
x
potential for adverse effect on wildlife resources. Two copies of this form must be filed
with the Notice of Determination in order to obtain the fee exemption.-
For private projects, the City shallpass these costs on to the project applicant.
t
LAND .D -34- o t, Bw>&Krieger
S
Local Guidelines for Implementing the
California nvironmentalli Act -19912 Environmental Irn set Rs22rt
If
7. ENVIROh NTA
IMPACT P -
m
7.171 Decision to l}r FIR. Following preparatr�n of an Initial Study, if the ERC
finds that a proposed project not otherwise exempt may have a significant effect on the
environment which cannot be mitigated, a Draft EIR shall be prepared, An EIR shall
be prepared whenever the Initial Study or other evidence in the.record has produced
r substantial evidence which supports a fair argument that a project may have a significant
effect on the environment.
7.02 Notice of Proaration of Draft EIR.. After the ERC determines that an EIR will
be required for a proposed project, the: City as Lead Agency shall prepare and send
Notice of Preparation (Form "G") to each .Responsible Agency and Trustee Agency
involved with the project. Responsible and Trustee Agencies have thirty ( 0) days to
respond to the Notice of Preparation, When one or more state agencies will be a
Responsible Agency, the City shall also send a copy of the Notice of Preparation (which
also identifies the Responsible Agencies and Trustee Agencies to whichthe Notice was;
sent) to the Office of Planning and Research. The City shall send''copies of the Notice
tt. of Preparation by certified mail or any other method of transmittal which provides it with
record that the Notice was received. The Notice must also be posted in the office of
the Clerk of the;Board in the county in which the project is located for thirty (30) days.
d
At a minimum, the Notice of Preparation shall include:
(a) A description of the project;
(b) The location of the project indicated either on an attached. map (preferably a copy
of the ISG 15' or 71/2' topographical map identified by quadrangle e) or by
3? a street address i an urban area..., an
(c) The probable environmental effects of the project.
Xr (d) The name and address of the consulting firm retained to prepare the Draft EIR, if
applicable.
7.0Erion of Draft Elly. The City as Lead Agency is responsible for preparing`
a Draft EIR, and may begin preparation immediately without awaiting responses to the
S
Notice of Preparation. However, information communicated to the City not later than
REDLANDSM -35-
o"
Looal Guidelines (of Implementing the
California Environmental ali Apt L19912 Environmental!Mpact� rt
thirty (34) days after receipt;of the City's Notice of preparation shall be included in the
Draft
The Draft EIR shall be prepared by Staff or by private consultants pursuant to a
contract with the City. The Draft EIR must be the City's product. Staff, together with
F
such consultant help as may be required, shall independently evaluate and analyze the
Draft EIR to verify its accuracy, objectivity, and completeness prior to presenting it to
the decision maldrig body. The Draft EIR made available for public review must reflect'
the independent judgment of the City. Staff may require such information and data from
the person or entity proposing to carry out the project as it deems necessary for com-
pletion of the Draft
7.04 Prior to completion of the Draft
the City shall consult with. each Responsible Agency and any public agency which
has jurisdiction by law over the project. The City shall also consult with any city or
county which borders on a city or county within which the project is located, unless
otherwise designated annually by agreement between the Lead Agency and the city or
:.
county, and may consult with any person who has special expertise withrespect to any v
environmental impacts involved with the project. The City may also consult directly with
any person or organization it believes will be concerned with the environmental effects
of the project including any interested individuals and organizations of which the City is
reasonably aware- Th-e,-,,p urpose cf,.tllis ennitatgn ) the 's range of
analysis.
For a:project of statewide, regional, or areawide significance as defined in State
Guidelines Section 15206, the City shall consult with transportation planning agencies
d public agencies which have transportation: facilities within their jurisdictions that
could be affected by the project. Consultation shall be conducted for the purpose of the tk
Lead Agency obtaining information concerning a project's effects on major local
arterials, public transit, freeways, highways, and rail transit service within the y G
ursdctioln of a titan p g agency o a public agency consulted by the d
Agency. A transportation planning agency or public agency which provides information
h
to the Lead Agency shall be notified of, and provided with copies of, environmental
oLANDS o -36- OBest,
Local Guidelines for Implementing the
California nvironmental Quality Act (19912 Environmental IM et rt
documents pertaining to the project. CalTrans may require the City as Lead Agency to
call at least one scoping session before an EIR is prepared for projects which may affect
highways or facilities under the jurisdiction of CalTrans.
The Lead Agency may charge and collect from the applicant a fee not to exceed
the actual cost of the consultations. A Responsible Agency or other public agency;shall
only make comments regarding those activities within its area of expertise or which are
required to be carried out or approved by it. These comments must be supported by
specific documentation.
For projectswhere federal involvement might; require preparation of an
k` Environmental,Impact Statement ("EIS") under the. National Environmental Policy Act
u
("NEPA") the Lead Agency shall consult with the appropriate federal agencies as
provided in Section 151111`and Sections 15220-15228 of the State Guidelines.
7.05 Earlv Consultation on Proiects nvolvinPermit s ere the project
involves issuance of a lease, permit, license,-certificate or other entitlement for use by
one or more public agencies, the City, upon request of the applicant, shall provide for
early consultation to identify the range of actions, alternatives, mitigation measures, and
significant effects to be analyzed in depth in the EIR. The City may also consult with
concerned persons identified by the applicant and persons who have arcade written
requests to be consulted. Such requests must be made not later than thirty {30) days after
the City's decision to prepare an EIR.
7.06 General Aspects of an EIR, Bath a Draft and Final EIR must contain the
information outlined in section 7..10. Each element must be covered, and when elements
are not separated into distinct sections, the document must state where in the document
each element is covered.
The body of time EIR shall include summarized technical 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 must
o'' be equally available to the public for examination. All documents used in preparation
7 n of the EIR must be referenced.
}
t xREDLANDSM -37- °best,Best&Krieger
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Local Guidelines for Implementing the
California Envm mental ', Act 1991 Environmental It rt
The EIR should discuss environmental effects in proportion to their seventy and �
probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant
and unlikely to occur need not be discus
The Initial Study should be used to focus the EIR, so that the EIR identifies and
discusses only the specific environmental problems or aspects of the project which have:
been identified as potentially significant or important. A copy of the Initial Study shall
be attached to the EIR to provide a basis for limiting the impacts discussed.
The EIR shall contain a statement briefly 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 EUZ. The City
should also nate any conclusion by it that a particular impact is too speculative for
evaluation:
The EIR should omit unnecessary descriptions of projects and emphasize feasible
mitigation measures and alternatives to projects.
7.07 i 'n RECMdng, EIR . An EIR is not a technical
document that can be prepared only by a registered professional. However, state statutes
y provide that only registered professionals can prepare certain 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.
.08 Jngg=1afiQn by Defer lace. An EIR may incorporate by reference all or portions
of another document which is a matter of public record or is generally available to the
public" Any incorporated document ment shall be considered to be set forth in full as part of
the text of the EII . Where part of another document is incorporated by reference, that
document shall be made available to the public for inspection at the City office. The EIR
shall state where incorporated documents l be available for inspection.
Where uses incorporation by reference, the incorporated 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 "State Clearinghouse") is
Local Guidelines for Implementing the
California Environmental Quality Act(19912 Environmental Impact E rt
incorporated by the City, the state identification number of the incorporated document
should be included in the summary or tent of the EIR.
7.09 Standards for Adgauaa of an ETR. An EIR should be prepared with a sufficient
degree of analysis to provide decision-makers with information which enables thorn to
make a decision which takes into account the environmental consequences of the project.
The evaluation of environmental effects need not be exhaustive, but must be within the
scope of what is reasonably feasible. The EIR should be written and presented in such
i
a way that it canbe understood by governmental decision-makers and members of the
h public. A good faith effort at completeness and full disclosure is necessary.
There is no need to unreasonably delay adoption of an EIR in order to include
results of studies in progress, even if those studies will shed some additional light on sub-
jects related to the project.
7.10 Form and Content of EIR. The text of the EIR should normally be less than 150
,3r
pages. For proposals of unusual scope or complexity, the EIR should normally be less
than 300 pages. The required contents of an EIR are set forth in Sections 15122 through
15132 of the State Guidelines. Briefly summarizing each of those requirements, an]EIR:
j shall con
(a) A table of contents or an index.
(b ' A brief summary of the proposed project and its environmental impacts.
f (c) A description of tate proposed project. (See section 7.12 regarding future project
expansion.)
(d) A description of the project's environmental setting, from both a local and regional
perspective-
(e
ers tive.(e A discussion of any inconsistencies betw n the propo project d applicable
5
general and regional.. plans.
(f) A description of the direct and indirect significant environmental impacts of the
proposed project explaining which, if any, can be avoided or mitigated to a level
fi of insignificance, indicating reasons that various possible significant effects were
determined not to be significant and denoting any significant effects which are
t unavoidable or could not be mitigated to a level of insignificance. If such impacts
1M` REDLAl DSM � 9= *Best, Best Krieger
fx�t''
� S
L l Guidelines for Implementing the i4x
California Environmental 2L&& Act(Mlj Environmental Imn ,R rt
are to be mitigaW, a proposed monitoring program to assure that such mitigation
occurs shall be included in a separate section of the FJR.
A
( ) An analysis of a range of alternatives to the proposed project which could feasibly t
attain the project's objectives.
An examination of the relationship between local short-term uses of the
environment and the maintenance and enhancement of long-term productivity. p
(i) A description of any significant irreversible environmental changes which would
be involved in the proposed action should it be implemented.
An analysis of the growth-inducing impacts of the proposed action.
A discussion of any significant, reasonably anticipated future developments and the
cumulative effects of all proposed and anticipated action. In certain situations, a
regional analysis should be completed for certain impacts, such as airquality.
n) A discussion of any economic or social effects, to the extent that they cause or may
be used to determine significant environmental impacts.
(m) A statement briefly indicating the reasons that various passible significant effects`
of a project were determined not to be significant and, therefore, were not
discussed in the EIR.
(n) 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 EIR, by contract or other authorization.
1 1 n I * CEQA requires only an analysis of alternatives
necessary to permit a reasoned choice; it does not require an extended discussion of
alternatives which are of speculative feasibility. An agency is not required to consider
each and every alternative, but only those which are feasible. However, excessive costs
that would result from a- potential alternative do not prevent a discussion of the
alternative;
In some cases, it may be necessary for an EIR to evaluate alternative sites for a;
�v
project.. As with all alternatives analysis under CEQA, only those alternative sites which
are feasible need to be analyzed. If the project is private, whether another site is owned 11311
or can reasonably be acquired by the project proponent may determine whether an
RED DSM -40- *Bost, Rest Krieger :
01
Lo0al Guidelines for Implementing the
California Environmental Quality Act 1991,) Environmental LEMS RSEort
4
alternative site is feasible. For projects where a primate party is the developer,
alternative site analysis should be done if the developer owns or controls feasible
V alternative sites, has the ability to purchase or lease alternative properties, or otherwise
has access to suitable alternative sites. Alternative site analysis is also probably
appropriate where two or more private developers are seeking the approval of the City
for the same type of development at different locations.
With regard to projects undertaken by the City itself, the City should consider the
e possibility of acquiring feasible alternative sites by eminent domain.
If through its local planning process the City has already considered alternative land
M i uses andlicies l throughout its jurisdiction this t
.g ' g of analysis n not be repeated
in an EIR withh regard to an alternative site discussion. rather, when discussing sites the
EIR should use and refer to there broader planning documents in support p g of its selection:
of the project site..
The consideration of all alternatives must be ,fudged against "the rule of reason"
which courts have indicated means that an alternatives discussion must be reasonable in
scope and content; the key issue is whether the selection and discussion of feasible
alternatives fasters informed decisionmaking and public participation,
The EIR must explain why the alternatives were rejected in favor of the proposed
project.<
The EIR must contain a discussion of D.Qth alternatives and mitigation measures.
The mitigation measures must substantially lessen any significant environmental effect
r in order for a project to have mitigation measures imposed upon it An EIR must contain
a discussion of alternatives and mitigation measures evert if the City concludes under
section 7.10(f that all significant environmental impacts have been mitigated.
7.12 An lwygi of Future Exnansion.: An EIR must include an analysis of the
environmental effects of future expansion (or tither similar future modifications) if there
is credible and substantial evidencethat:
(a) The future expansion or action is a foreseeable consequence of the initial project;.
and
REDLAN D .r 1 °Best,Bat:&Xxieger
c*w
Local Guidelines for T pl ncnting the
California Envat e►n nasu►1 Quality Act; I"l" Environmental irn t rt
(b) The future expansion or action is likely to change the scope or nature of the initial
project or its environmental effects.
• �4m
Absent thesetwo circumstances, future expansion of a project need not be
discussed. CEQA does not require discussion of future development which is unspecific
or uncertain. However, if future action is not considered now, it trust be considered and
environmentally evaluated before it is actually implemented.
7.13 &= Qf CgMp1gfiffl Qf Draft , Upon completion of a Draft EIR, Staff shall
file a Notice of Completion (Fom "H") with the Office of Planning and Research. Th
Notice shallcontain a brief description of the proposed project, the location of the
proposed project, current land use, development type and project issues discussed in the
The City shall provide public notice of the completion of a Draft MR at the same
time it sends a Notice of Completion to the Office of Planning and Research. The Notice
of Availability of Draft EIR(Form -K-) shall specify the period during which comments
will be received on theDraft EIR, the date, time and glace of any public hearings on the
proposed project, a brief"description of the project and its location and the address where
copies of the Dmft EIR are available for review.
Notice shall be given to all organizations and individuals who have previously
requested it. in addition, notice to the generalpublic shall be given by at least one of
the following procedures:
(a) Publication at least once in a newspaper of general circulation in the area affected
by the proposed pt
(b)` Posting of notice on and off--site in the area where the project is to be located.
(c) Direct mailing to owners and occupants of property contiguous to the project, as:
identified on the latest equalized assessment roll.
The Notice shall be posted in the office of the Clerk of the Board of Supervisors
in the county in which the project is located for a period of thirty ( 0) days. Notice shall
be mailed to any person who has filed a written request with the City. Ile City may
require these requests to be renewed annually and may charge a fee for the reasonable i
cost of providing this service. A project will not be invalidated due to a failure to send
t LANDSM -42- *Best, But&Krieger
k
yj
tt` Local Guidelines for Implementing the
Califorriia Environmental Act Q991Environmental fat et R rt
a requested notice provided there has been substantial compliance with these notice
provisions.,
Copies of the Draft shall also be made available at the pity office for review
y members of the general public. Any person obtaining a copy of the Draft EIR shall
reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR
tV§ should also be furnished to appropriate public library systems.
7,14 Sgbmia5LQn Qf Doft EIR LQ SIgte Qgaringhou A Draft EIR mast be,submitted
s to the Mate Clearinghouse for review by state agencies in the following situations:
(1) The Draft EIR is prepared by a Lead Agency which is a state agency;
(2) The Draft EIR is prepared by a public agency where a state agency is a
t
Responsible Agency, Trustee Agency, and/or otherwise has jurisdiction by law with
respect to the project.
( ) The Draft EIR is for a project identified in State Guidelines Section 15206 as being
n of statewide, regional, or areawide significance,
A Draft EIR may be submitted to the State Clearinghouse where a state agency has
�x
special expertise with regard to the environmental impacts involved-.
Where the Draft EIR will be reviewed through the State review process handled by
the Mate Clearinghouse, use a Notice of Completion (Form "H") as a cover sheet. Ten
copies of the documents must be sent to the Mate Clearinghouse for circulation.
3
7.15 S=ialire ens for'Waste and Fu l Burning Er_oj . For any project
involving the burning of municipal wastes, hazardous wastes, or refuse-derived fuel,
including, but not limited to, tires as defined in section 5.0 , notice shall be given to all
h
organizations and individuals who have previously requested notice. In addition, notifi-
cation shall be given by direct mailing to the owners and occupants of property within
one-fourth of a mile of y parcel or parcels on which such a project is located subject
m to this section.
ry 7.16 Review ft EIR th r Agegnciga gnd Psagn . 'Upon the filing posting
z�.
of a Notice of Completion, Staff shall consult with d obtain comments from each
Responsible Agency, Trustee Agency, and any other public agency having jurisdiction
REDLAl DSM 43,E 0Eest, Best&Krieger
A
local rotudel ne®for Implementing the
California Environmental ActJI9911 Environmental[ t It rt
by law over resources which may be affected by the project. Those public agencies
having jurisdiction by law over the project shall be determined on a case-by-case basis.
Staff consult w` person known to have
may also con with s and obtain comments from any pe.
spec
'al expertise with respect to any environmental impact involved whose comments
relative to the Draft EIR would be desirable.
7.17' Time for Review of DraftElia-Failure to CommentsA period of at least thirty
(30) days from the Notice of Completion of the. Draft EIR shall be allowed for review
of and comment on the Draft EIR. If a Mate agency is a Responsible Agency, or if the
Draft EIR is submitted to the State Clearinghouse, the review period shall be at least
forty-five (45) days. When a Draft EIR is submitted to the State Clearinghouse for
review, the public review period shall be at least as king as the period of review estab-
lished by the State Clearinghouse. The Lead Agency shall consider any comments on
the Draft EIR which are received by the State Clearinghouse within the public comment
period.
A shorter review period of the Draft EIR by the State Clearinghouse can be
h '
requested y the Lead .Agency; however, a shortened review period for a Draft EIR shall
not be less than thirty (30) days. Any request for a shortened review period must be
made in writing by the Lead Agency to the Office of Planning and Research. The Lead
Agency may designate a perm to make these requests.
A shortened review period is not available for any proposed project of statewide,
regional or areawide environmental significance as determined pursuant to State
Guidelines Section 15206. Any approval of a shortened review period shall be ,given
prior to, and reflected in, the public notice:
w
In the event a public agency, group, or person whose comments on a Draft EIR are
solicited fails. to comment within the required time 'od, it shall be presumed, absent: ,
ti
a written request for a specific extension of time for review and comment, together with
the reasons for the request, that such agency, group, or person has no comment to make.
Con . ued planning activities concerning the propo roj t, short of fo al
approval, may continue during the period set aside for review and comment on the Draft
REDLANDSM 44- t;Best Kriega
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UwAl Guidelines for Implementing the
Canforflia Environmental Quality diet f1991) nvuvrunentAl hn ct R tt
7.18 Public HOdag Qn In' . A public hearing can the Draft EIR document is not
A MR
required but may be held by the decision malcing body either in separate proceedings or
i11
in conjunction with other proceedings of the City. The procedures for the manner of
�r conducting the public hearings shall be described at the time the hearing convenes..
T
"Tile. Draft EIR should be used as the outline for discussion at the public hearing.
KS' If public hearing is held, it shall be conducted at least fourteen (14)days after the filing
of the. Notice of Completion, but in no event after the time set for expiration of the
k comment period.
Public notice of the time and place of thehearing shall be posted in a conspicuous
t
location at City Mall and published in a-newspaper of general circulation within the City
t least fourteen (14) days in advance of the hearing. The notice also shall indicate the
}
locations at which the Draft EIR is available for review.
7.19 Monse tQ CQmmgn n I f EI The response of the City to comments
received on the Draft EIR may take the form of a revision of the Draft EIR or may b
an attachment to the Draft FIR. The responses of the City must describe the.,disposition
to of any significant environmental issues raised, such as any revisions to the proposed
n
project designed to mitigate anticipated impacts or objections. In particular, any major
issues raised when the City's position is at variance with recommendations and objections
raised in the comments must be addressed in detail, giving reasons why specific
comments and suggestion were not accepted. The response shall contain
recommendations, when appropriate, to alter the project as described in the Draft EI
as the result of an analysis of the comments received.
7.20 PreDarationand Contentsof Final EIR. Following the receipt of any comments on
the Draft EIR as required herein,,such comments shall be evaluated by Staff and a Final
EIR shall be prepared;
The Final EIR shall meet all requirements of section 7.10 and shall consist of the
Draft EIR or a revision of the Draft, a section containing either verbatim or in summary
the comments and recommendations received through the review and consultation
process, a list of persons, organizations and public agencies commenting on the Draft,
k
REDLANDS.D - *Bost,Best&Krieger
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Local Guidelines for Implcrnonting tht
Cali#'ornmia Env nmcnWl li Act 19911__ Environmental IMPact R tt
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and a section containing the responses of the City to the significant environmental points<
raised in the review and consultation process.
7.21 Rmimulatim M -N-e,-w- Information
When significant new:
information is added to the EIR after notice and consultation, but before certification, the
City shall give notice of preparation of the Draft EIR again pursuant to section 7.02 and
shall recirculate the Draft EIR for another public review period. The City shall also
consult again with those persons contacted pursuant to section 7.16 before certifying the
EIR.
7.22 Certification g, Final EIR. The Final EIR shall be presented to the ERC which
shall review it and make a recommendation to the City Council regarding whether the
Final EIR is in order and whether it has been completed in compliance with CEQA, the
State Guidelines and the City's Guidelines. The Final and FRC recommendation
shall then be presented to the City Council. If the City Council finds that the Final EIR
has been completed in compliance with CEQA, it shalll certify that the Final EIR is in
orderand has been completed in compliance with CEQA, the State Guidelines and the
City's Guidelines,
7.23 COtWgmtiQa of' f A r v r 17i r v f M 'The EIR shall
be reviewed, and considered by the decision malting body before it approves or
disapproves the proposed project for which the EIR was prepared. The decision making;
body may then proceed to consider the proposed project for purposes of approval or
disapproval. Separately or in conjunction with its action approving or disapproving the
project, the derision maldng body shall certify that it has reviewed and considered the
information_contained in the EIR.
7.24 e decision snaking body shall not approve or cam out a project if a
completed EIR identifies at least one significant environmental effect of the project unless
it makes one or more of the fallowing written findings for each such significant effect,,
accompanied by a statement of the facts supporting each finding. (Documents '
incorporated by reference may also satisfy the findings requirements: see 7.08):
a That changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant environmental effects as identified in the
I
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51 Local Guidelincs for Implernenung the
tit` California v evi nrnentai fit Act(1991)
M
t Envie,amental Tan ct ,
Final 'I71
� mitigation measures must be expressly adopted or rejected in
EIR. Passing references to Mitigation m the
} g ensures in other sections of the EIR in
t a Statement Of Overriding r ®r
} g Considerations, are not sufficient.
3
` (b) That such chap
ges or alterations are
within the rponsibility and jurisdiction of
another public agency and not the City. Such changes have
oter cncr been adapted by such
h
f; y can and should be adopted by such other agency.
(c) That specific gnomic, social or ocher considerations
make infeasible
t eraaons
� . mhgahvn measures or Project ( the
decision making body 1 alternatives Identified in' the Final �. The
g Y must make specific written findings stating wh it h
as
as infeasible.
rejected an alternative to the ro'ect y
p , e.
Ifany of the p fo
posed alternatives could avoid or lessen an
which no mitigation measures are Proposed, adverse impact for
the City shall analyze the feasibility of such
alternative(s)-
ltemative(s) If
the project is to be approved without eluding such
City shall find that gternative(s), the
specific +gnomic, social or other considerations make infeasible
Pr®jeet alternatives identifier! in the final EIR and s the
such approval. hall list such considerations before
The decision making body shall not approve or
carTy out a Project as Proposed
unless (1) the project as approved will not have a significant effect o
or( � its significant environmental effects have been eliminated
n the environment
edt
( determined throe h on or substantially lessened
g e or more of the Endings indica above), and any remaining
unavoidable signifcant effects have been found acceptable
stances describedin a Statement of Overriding Considers use of facts and circum-
Statements in the I3 hens. (See section 7.27.)
Draft SIR or comments on the Draft.. EIR are not determinative
whether the project will have significant effects. rminative of
7.:25 i Fin in i
r F
M m
Na EIR 4r Negative D Ir
g Declaration shall
involving approved for any project
b the construction or alteration of a facile r
school which might �' within one-fourth of a mile of a
g reasonably be anticipated to emit hazardous or ac�tel }�t
emissions as hazardous are Js
defined below unless both of the foliowin
g occur:
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"I Guidelines for Implementing the
California P_nvirbn lcntal li Act l"I
�nwiaxrnmenttel,Irrt ct rt
(a) The Lead Agency preparing the EIR or Negative Declaration has
consulted with
the school district having jurisdiction aver the school regarding the potential impact
Of the project on the school; and
(b) The school distract has been,given written notification of the project not less than
0 days prior to the proposed approval of the EIR or Negative Declaration.
(c) Definitions:
(l "Hazardous air emissions" means any substance released .into the air which
is on the list prepared pursuant to Section 25532(a)and Section 44321 of the
Health and Safety Code,
(2) "Acutely hazardous air emissions" means any substance released into the air
defined by Section 25532(x) of the Health and Safety Code,
7.26 Statement
---- – g�nsiderad Vii=- Whenever a project approved by the
decision g body will allow the occurrence of significant effects identified in the
Final EIR without mitigation, the decision making body must state in writing the reasons
to support its action bated on the Final EIR and other information in the record. Specific
economic, social or other considerations must justify the unmitigated environmental
effects.
If the decision making body makes a Statement of Overriding Considerations, the
statement must be included in the mord of the project approval and mentioned in the
Notice of Determination.
7.27
When making the findings required
section 7.25(x), the City shall adopt a reporting ar monitoring program to assure that
mitigation measures which are rewired to mitigate or avoid significant effects on the
environment will be implemented by the project proponent or other responsible party
a timely mer and in accordance with project approval. There is no requirement that
the reporting or monitoring program be circulated for public review, however, the City
may choose to circulate it for public comments along with the Draft M. �f
This reporting or monitoring program shall be designed to pure compliance during
the implementation or construction of a project. If an agency with jurisdiction over the r
�s
natural resources affected by the project has required that certain conditions be incorppora-
NDS.d ,
-4$-
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5
Local Guideline:for Imple n"ting the
RhfO nia Envudnrnentai t Act 1431
Envic+crnnrental"Im ct ,�
ted into the project, the Lead Agency may request that agency to Prepare and submit bmit a
proposed reporting or monitoring program.
Transportation information resulting from the reporting or monitoring prop
ram
required to be adopted by the City shall be submitted to the: regional transportation
Planning agency where the project is located if the project impacts have statewide,
f, regionalOr areawide significance as identified in State CEQA Guidelines Section 15206.
I1+6.
The tmnsPortation Planning agency is required by law to adopt guidelines for the
submittal of these reporting or monitoring programs,g p grams, so the City may:wish to tailor its
submittal to such guidelines,
Local agencies have the authority to le fees sufficient ictent to pay for this program.
Therefore, the City will charge the project proponent a fee to cover actual costs of
Program Processing and implementation.
7.28 Notice ��rmininn. Following consideration and approval of a project for
which the City' is the Lead. Agency, the decision malting body shall order Staff to
Prepare, certify and file, a Notice of Determination
(Form "E") which shall contain:the
following:
(a) An identification of the project by its common name where possible and its
location.
(b) A brief description of the project.
(c) The date when the City approved the project.
(d) Whether the project in its approved form will have aE significant effect on the
environment.
(e) A statement that an ETR was prepared and certified pursuant to the provisions of
CEQA.
( Whether mitigation
measures were made a condition of the approval of the project. 1
(g) Whether findings and/or a Statement of Overriding Considerations was adopted for
the project, = p
{
) The address where a copy of the EIR (with comments and `responses and the
) e �
recOrd Of prtiject approval may be examined by the general public.
F
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REDLANDS.L>
3
'DBeat, Beat& Krieger t,
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"I Guidelines for lfnplanenting the
alifaMia Environmcnttl Act 199i
Environmental lm ct RTort
The Notice of Determination shall then be filed, within five (5) working days of
the action, with the Clerk of the Board of each county in which the project will
be
3 located. The Notice must be ,posted in the office of the Clerk of the Hurd for a
minimum of thirty (30) days. Simultaneously with the filing of the Notice of Det rmi-
nat on with the Clerk of the Board, Staff shall cause a coley of such Notice to be posted
at City Hall. If the project requires discretionary approval from a state agency, the
Notice of Determination shall also be filed with the Office of Planning and Research.
The filing and posting by the Clerk of the Beard of the Notice of Determination
starts a thirty (30)--day statue of limitations on court challenges to the approval under
CEQA.
7. 9 �'i�ysinon o{ rrr� The City shall f
' tye a copy of the Final EIR with the
appropriate planning agency of any city or county where significant effects on the
environment may occur. The City shall also retain one or more copies of the Final EIR
as a public record for a reasonable period of time. Finally, for private projects, the City
y require that the protect applicant proYlde a copy of the certified B" EIR to each
Responsible Agency.
7.341 'Yate exit C"vs+.s. For private projects, the
person or entity proposing to carry
out the project shall bear all costs incurred by the City in preparing and filing the Draft
d Final EIRs, as well as all<publication costs incident thereto.
7.31i li
. At the time a Notice
of Determination for an EIR. is filed with the Clerk of the Board, a fee of$850 shall be
paid to the Cleric of the Board for projects which will adversely affect wildlife resources.
These fees are collected by the Clerk of Board on behalf of the C ifornia
f t
Department of Fish and Game "DFG").
Only one filing fee is required for each project unless the project is tiered or phasedt
and separate environmental documents arere
p . For projects where a Lead Agency:.. z
and Responsible Agencies file separate Notices of Determination, only the Lead Agent
Y
Y
is required to lay the fee.
In addition, the Clerk of the Board is authorized to charge a documentary handling
fee of$25 per filing in addition to the Pilin specified g fee ed above.
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Local Guidelines fOr I PICMenting the
California Environmental Ulit Act 1"i
Envixarsmcntal im ct`R �
No fees are required for protects exempt from CEQA; thus, the Cityis
not required
to pay this fee for filing Notices of Exemption. Moreover, no fee is required for projects-
with a "1k " effect on wildlife resources. This isan important ex
City believes that a project will have a z �"�+n. If the
n�m� effect on wildlife resources, it should
Ce tifl
fife the cate of Fee Exemption attached as Form "L." This form requires
to set forth facts an Support +� ucs the City
of the fere exemption. These should include: (l) a brief
description of the project and its location; (2) a statement that an initial ttial study has been
},r
Prepared by the City to evaluate the project's effects on wildlife re
sources, 1f any,: and
(3) a declaration that there is no evidence before the City that the project have an
y
Potential for adverse effect on wildlife
resources. Two copies of this form musk be filed
with a Notice of Determination in order to obtain the fee exemp tion.
For Private projects the City shall pass these costs on to the project applicant.
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"I Gui�elan+ot fur Imp tan the
cs Iifornaa�nvnment�l iat Act 199]
of EIRs
8. DTE.S OF EI1 C
8.+01 1tQjCl-M. The most common type of EIR examines
the environmental compacts
of a specific development project and focuses Primarily on the changes in the
environment that would result from the development project. This chapter describes a
number of examples of various EMs tailored to different situations. All Ms must meet
the content requirements summarized in section 7.10.
8.02 .EM. A subsequent EIR is
required when a Previous M has been
Prepared and certified or a Negative Declaration has been adopted for a project and at
least one of the diree f011Owing situations occur. A subsequent EIR should not be
Prepared by the:City unless;
(a) Subsequent changes are proposed in the project which will require important
revisions of a previous EIR due to the identification sof new significantenviron-
mental impacts not considered in the previous EIR;
(b) There are substantial changes with respect to the circumstances under which the
project is to be undertaken, such as a substantial deterioration in the air quality
where the project will be located, which will require important revisions of a previ-
ous EIR due to the identification of new significant environmental impacts not
covered in the previous: ; or
(c) New information, which was not known and could not have been known at the time
the previousFJRwas certified as complete or the Negative Declaration was
adopted, becomes available and shows that (1) the project will have one or more
significant effects not discussed in a previous EIR, 2)significant effects
previously
examined will be substantially more severe than shown in a previous MR, (3
mitigation measures or alternatives previously found not to be feasible are in fact
feasible and would substantially reduce one or more significant effects, or (4)
mitigation measures or alternatives which were not considered in a
previous EIR
would substantially lessen one or more significant effects on the environment. tw
�
A subsequent EIR must receive the same circulation and review
as the previous Eli.
received.
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}`{ti Y{ catiforn a nViMnrnental a�ali' Act 19 �
$�; t 8.03 The City as a bead Or
Responsible Agency may choose toP e supplement to an , rather than
a subsequent EIR, if any of the conditions
describedm section 8.02 would require the r
;. p on of a subsequent EIR and only
e
minor additions or changes would b
#� necessary to male the previous EIR adequately
�z
apply to the project in the changed situakion. To sssist the Ci
#t determination, the decision making bodyshould �' in making this
uld request an Initial Study and/or a
commendation by Staff. The supplement to the EIR neer/ contain ori/ the ,
y information
necessary to nuke 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
gjas is given to a Draft EIR, but may be circulated by itself without recirculating the
Previous EIR.
When the decision malci
ng body decides whether to approve tl�e project, it shall
consider the previous EIR as revised by the supplement. Fin+din s ttr
7.25 shall be made for .each significant effect shown in the previous uant t section
mented. supple-
8,U4 n
. The City as a Lead or Responsible Agency may choose to
Prepare an addendum to an EIR, rather than a supplement to an erpEI
� conditions described in section g.tl calling for , only if Wane of the
Preparation of a subsequent EIR have
occurred and minor technical changes or additions are n to
adequate. �'' .make the ETR
e9 Changes to an EIR made by an addendum must not raise important new issues
about significant effects on the environment. Since the significant
ronment were addressedby findings in the original , no new effects on the envi-
in the addendum
ndings are used '
An addendum to an EIR neer/ not be recirculated for public v'
included in or attached to the Final IR. The decision in n review but can be
addendum with the Final EIR prior to a d g body shalt consider the
$.0 making decision on a Project,
i . A tiered EIR shall be used for later projects where a prior EIR
been Prepared and certifier) fora program, lana has
p g , p ,policy, or ordinance and the Cityt
determines that; {f
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lxwaI uid linea for Implementing the
California EnvironmentaI2!!!&Ake 1 UI of EIRS
(a) The later protect is consistent with a program, plan, policy or ordinance for which
an EIR has been prepared and certified;
(b) The later project is consistent with applicable local laud use plans and zoningof the
city and county in which the later project would be ; and
lc The later project would not require a subsequent or supplemental EIR. (Seeh
,sections 8.02 and 8.03.)
An Initial Study shall be ptepared for later projects and used to determine whether
a tiered EIR may be used and whether new significant effects should be examined.
A tiered EIR need not examine those effects which were either mitigated or avoided
s a result of a prior EIR or examined in sufficient detail in a prier EIR to enable those
effects to be mitigated or avoided by site specific revisions, the imposition of conditions,
or other means in connection with approval of the later project. Rather, a tiered EIR
should summarize the issues discussed in a prior EIR, incorporate discussions from a
prior EIR by reference and concentrate on the specific action proposed. A tiered EIR
shall state where the earlier document is available and the purposes for which it is being
referenced.
k
In order to eliminate repetitive discussions of the same issues and to focus on the
actual issues .ripe for decision, the City shall use tiered EIRs whenever`_feasible.
8.06 Sjaggd EIR. Where a large capital project will require a number of discretionary
approvals from governmental agencies and one of the approvals will occur more than two
years before construction will begin, a staged EIR may be prepared covering the entire
project in; a general form or manner. A staged EIR should evaluate a proposal in light
of current and contemplated plans and produce an informed estimate of the environmental
consequences of an entire project. The particular aspect of the project before the City
for approval shall be discussed with a greater degree of specificity.
Where a staged EIR has been prepared, a supplement to that Mit sW be preparedi,
when a later approval is required for the project, and the information available at the
time of the later approval would permit consideration of additional environmental
impacts, mitigation measures, or reasonable alternatives to the project.
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t` alifornia Enviro----tai uala Act 1441
8.0 U11P=
MM EIR. A program EIR is an EIR which may be pr on an in
tegrated
}jtt serves f actions that are related either:
(a) Geographically;
M, �(b) As to
g paw in a chain: of contemplated actions;
(c) In connection with the issuance of rules, regulations, pians or other
to govern the conduct of a continuing program; or general criteria
(d) As individual projects carried out under the same au
regulatory authnri thonzing statutory or
' and having generally similar environmental effects which
be mitigated in similar ways. can
Subsequent activities in the program musEIR t st be examined in the light of the program
to determine whether additional environmental documents must
�.�$ be prepared.
f
in F Wi h uen 'R
Program EIR curl v l ti A
ggaj
g be used to simplifythe task of preparing environmental
later parts of the program. ocuments on
gram. The program EIR can: d
(a) Provide the basis in an Initial Study for determiningwhether er the later activity may
have any significant effects.
(b) -Be incorporated by reference to deal with regional influences
� cumulative impacts, �r sendary effects,
bread alternatives and other factors that apply'to the program
as a whole, p g
(c) Focus an EIR on a subsequent project to permit discussion solely of new effects
t
Which had not been considered before.
8.09FTS 1�rm ,t5
Tierer A single FIR may be utilized to describe
more than one project when the projects involve substantiallyidea
impacts, An environmental impacts Deal environmental
Anypeculiar to one of the projects set forth and explained. P leets must be telt'
t
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Local Guidelines for Implementing tl �
California Environmental ` Act,,KI9911 Definitions
9. DEFINITIONS
Whenever the following terms are used in these Guidelines, they shall have the following
meaning airless otherwise expressly defined:
9.01 " means a person who proposes to carry out a project which requires a
lease, permit, license, certificate, or other entitlement for use, or requires financial, aid
a
from one or more public agencies when applying for governmental approval or
assistance.
9.02 " r. v " means a decision by the decision making or other authorized y 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 decision making body adopts a g
motion or resolution 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,
2
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 for use of the
project. The mere acquisition of land by the City shall not, in and of itself, be deemed
to constitute approval of a project.
For purposes of these Guidelines, all environmental documents must be completed
as of the time of project approval.
9.03 " " (the California Environmental Quality Act) means California Public
Resources Code Sections 21000, I
9.44 *CgtC&2 7 n" means exception from the requirement of preparing a
Negative Declaration or an EIR, based on a finding by the Secretary for Resources t
the class of projects does not have a significant effect on the environment. '
9.05 " ' " means the, City of Redlands, California.
9.06 "cu ulatiye lrnttacts" means two or more individual effects which, when
considered together, are considerable or which compound or increase other environmental
REDLANDSM -56- *Bat, Beat&Krieger
Mfr
k?t't Local GuMclinc8 for Iraplemcnting th,
sk#r California Envirolimcntal Ualit Act 7991
}
T finitions
,r
}
impacts- The individual effects may be changes resultingfrom a single project or
'#
number of to projects, whether past, present or future.
{ The cumulative impact from several projects is the change in the environment
which results from the incremental impact of the project when added to other closely
related
past, present and reasonably foreseeable future projects. 'Cumulative impacts can
result from individually minor but collectively significant projects talon lace
Period f time. g P over a
9.07
means the body within the City, either the City Council,
Planning Commission or Environmental Review Committer as defined bel
9.08 ow, with final
approval authority over the particular project.
?- . " means a project for which approval requires the exercise
Of independent judgment, deliberation, or decision-malting on the
S►.�9 " of the City.
" means an EIR containing the information summarized in motion 3 lfl
t�z�
01means a sudden, unexpected occurrence, involving a clear and
imminent Clanger, demanding immediate action to prevent or mitigate loss of or
to' life' health Property, or essential damage
, P public services. Emergency includes such
occurrences as fire, flood, earthquake, landslide or other natural disaster, as w
occurrences as riot war, well as such
a , accident or sabotage.
9.11 "' YiLQD " meads the physical Conditions which
affected b a exist 1n the area, whish will be
proposed project, including land, air, water, minerals, floral fa
noise, d objects of historic or aesthetic significance; a arra, ambient
"
(Environmental Impact Deport) means a detailed written statement
forth the environmental effects and considerations setting
Pertaining.:to a Project ,and may mean
either a Draft or a FinalOR.
9.13 ronme al Zvi w
arnr itt rte, means a committee composed of three
members consisting of the Cit :
Manager, and (3) Public Works Dir1
y f ) Community Development Director, (2) City
ector. The ERC shall function
s
the Purpose of imPlementing the rovi ' as a local agency for
F sloes of CEQA by reviewingall
enonmental effect and b Projects for
y recommendin o the City Council' or Planning Commissi 3�
adoption of negative declarations and reviewing and recommendingon
Certification or
RE$'DLANDS.t>
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L'Oral Guidelincs for Implementing the
California Environmental Quafity Act q9911 Dofin%tions
i
noncertification of all Final EIRs. The.ERC shall function as the final decision maldng
body for certain projects. The Community Development Department Administrator shall-
serve as Chairman of the ERC and each member shall select an alternate who shall attend
the meetings of said Committee in their absence and be entitled to vote upon all matters
before said Committee in the absence ofthe appointed member.
9.14 means capable of being accomplished in a successful manner within a
reasonable period of time, talcing into account economic, environmental, social and
technological factors.
9.15 Th& : " means an EIR 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.
9.16 "JUidal Study" means a preliminary analysis conducted by the City to determine
whether an EIR or a Negative Declaration must be prepared or to identify the significant
environmental effects to be analyzed in an EIR.
9.17 "Iurisdigjim by w" means the authority of any public agency to grant a permit
or other entitlement for use, to provide funding for the project in question or to exercise
authority over resources which may be affected by fele project.
The City will have jurisdiction by law over a project when the City, having primary
and exclusive 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.
9.18 " W Agency" means the public agency which has the principal responsibility for>
preparing environmental documents and for carrying out or approving a project which
may have significant effects on the environment, where more than one public agency is
involved with the same underlying activity, ;
9.19 " 'fig&Wd Ne&AfiyC'fig Dada_ Li M" means a written statement by the City briefly
describing the reasons that a proposed project, as amended by the addition of mitigating
conditions of approval or project revision, will not have a significant effect on the
environment. I MI
M
~
I L,r .M -58- O "t„ Best8zKrkger
}pg r
Nz� �X
,en&.srssi#ic tstl?}.dnzti s�54r}s ss ;"if'`f £}st'13rnsRti11,,t:1i}}1'1sss1.if}},11
7flr}#s.,tuiifttr}f7 }#F1S}rip 7 fSfFi(7 r s}i}rr Stic..;s3)t7 rfestitref rtrz 4x�',i)rr1j}tj1f�}4
tf ;
t,.
1
irrt�}� �ja
L.I� 1 Guidclincs #car Implementin
r'#` { $Che
tr} Galif€rrnis� Env ual# Act 199 t;7 �}}r ironsraenea� l
}7
9.2d ,
Ri f E* tion tnC�ar1S �'�J49Idtf1ge environmental 1Itl
7}f pact altogether b
talon
certain
action or " action g not
of , minimizing impacts y
#t magnitude of the action and its implementation, pasts b limiting the degree or
}
n, recti in the impact by repairing,
rehabilitating or restoring the impacted environment, reducing or eliminating the impact
aver time b
} X41 y preservation and tnaintenanre operations during the life of the action, or
compensating far the impact.- by replacing or providing environments. p ding substitute resources or
9.21
i n means a written statement by the City briefly describingthe
reasons that a proposed project, not exempt from CEQA will
�I effect o the environment and, therefore not have a significant
9. , does not require the preparation of an EIR,
4 � i' CamI)l��'iryn"
.= means a brief report filed with the Office of Planning and
Research by the City when it is the dead A ert
and is r g '�Y soon as it has completed a Draft
(} +'' p epared to send out copies for review.
oft **nin�t;-� means a brief notice to be filed b
approves or determines to wry out y the City when it
CE�QA. a project which is subject to the requirements of
9.24 mi C
means a brief notice which may be filed b
� it has approved car determined toy the City when
carry out a project, and it has determined that the
Project 's exempt from the requirements Of CEQA. Such a notice
an applicant where such a determination has been made. b a may else, be flied by
approve the project. y public agency which mast
9.25 of nnA Pren�r�ti
.. means a brief notice sent by a Lead Agency to notify the
Responsible: Agencies and Trustee Agencies that the
Lead ElR fora project. u Agency plans top
The
p J Purpose of this notice is to solicit guidance from
as to the Scopesuch agencies
and content of the environmental '
9.26 information to be included in the EIR. ;
�F�r ..�." includes �
any Person, ficin, association z
business organ
ization, partnership,
trust, corporation, coin �z
ley, city, county, city and county, town, the State, and f€
any of the agencies which may be political subdivisions of s 'i
uch entities.
Local GuWchom for linplanmtin
C&IJorRil PnVironm—t.I ri—iitt Act f 1991
tk
9.27
va iW" means a project,which will be carried out by a person other than
a governmental Agency, but which will deed a discretionary approval from the Ci
Private projects will normally be those`listed in subsections
Y (b):and (c) of section 9.28.
9. * means the whole of an action which has a
Physical change � the environment, directlyor potential far resulting in a
ultimately, that is any of the following:
(a) An activity directly undertaken by the City including but not limited toubli
works construction ,� p c
activities, clearing or grading of land, or
improvements to existing public structures.
(b) An activity involving the issuance to a person of a lease,
it, license,
certificate, or other entitlement for use by one or more public agencies, or which
is supported, in whole or in part, through contracts
other forms of assistance by the City. >' grants, subsides, lis or
(c) A discretionary project proposed to be carried out or approved b public�' P" c agenCles,
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.
The term project refers to the activity which is being approved and which ma
subjectbe
to several discretionary approvals b y
y governmental agencies. The term project
sloes not mean each to governmental approval.
9:29 "�Cesr�onsibt e�
----- - t fl means a public agency which proposes to
rave a out or
project for which a Lead Agency has prepared the environmental documents.
For the purposes of CF-QA, the term "Responsible Agency" includes all federal, state
regional and.local public ,
p agencies other than the Lead. Agency which have discretionary
approval poorer over the project ;
9.3(1 t
&CV means a ,substantial:, or potentially substantial, adverse change
in any Of the physical conditions within the area affected`b the g
y activity in ..,land,
f
air, wager, minerals, flora, fauna, ambient noise, and r {
objects of historic or aesthetic t
significance. A social or economic change related to a physical chart
conside in determining whether the physical change i change {
s significant.
}gyp}t
f�
REDLAIV'DS L
I;{{
,» — rr,,,tsr t ,»d»'m�rtg{{tltr��r}$fr�isrf{}sf}nra ttt{rClttrSS lt`'tr{If,r{f}�i4S.fsltti.
t}t,
Loca! Guidclincs for Implanent ng the
California ErwironmenI lit Act 1997
X41-i}t.
9.31
�; {z 1,7ef13LtiOt'��
.511T meads the City Manager Or his Or her designee.
9.32 " meansthe Guidelines for Implementation of the California
Environmental 'Quality Act as adopted by the Secretary of the Calif
}r{;} ornia Resources
Agent as
'? they novo east or hereafter may be amended. ( ifornia Adtninistrativ
Code, Title 14, Sections 1S�p e
�rr�f�
tt#{ 9.33 0.11% stantlal Fy►ria� "
,t *� means reliable:information on which a fair argument can
be based to support an inference or conclusiorx, even though another conclusion could be
tt drawn from that information.
9.34 "
1iRgmeans the coverage of general matters in broad scope or program ElRs,wath subsequent ower environmental
documents (such as site-specific EIRs)
incorporating by reference the general discussions and concentrating solei on;
specific to the environmental document subsequently prepared, y the issues
9.35 "
means major local
a aerials and publicsit within five
r4,tr{` miles of the project site and freeways, highways, and rail transit
f>,
service within ten miles
tranof the project site.
9.36
01==Agmao means a State agency having jurisdiction by law over natural
resources affected by a project which are held in trust for the people of th
California. Trustee Agencies include but are not limited to: p e State of
(a) The California Department o1 Fish and Came with regard to the fish
Of the State. and wildlife
! ( ) The Mate Lands Commission with regard to .Mate owned "
(c) The State sovereign" lands.
of Parks ,and `Recreation with regard to units of the State
Park System,
(d) The University of California with regard to sites within the Natural Water Reserve System, Land and
(e) The State Water Resources Control Board with respect pect to surface waters.
f
means an enactment,: amendment or a 4
y p� of azoning �
ordinance;
granting of a conditional use
Permit or variance;
use, subdivision, tractor any ether form of land
, or or
approval required from:the cit �t
y or county having
jurisdiction to permit the Particular use of the property. �r
REt`7LA FS.T) �'y
_61
'Olkst, Best c Krieger
t
v�}m
w�r
Local Guidelines for Implementing the
California Bnvirvn—tal Aet I99P
Forms
10. MR=
PXDLANDS.D
-$2-
o &Krieger
s
_. ,..� r,n;=- 63s atlsz=-itfYt rfll S;lrav,,) )F44 3tt;it�ift tS2�t£{H�d 7 � i35"
(Certificate of Determination
When Attached to Notice of Exemption)
1 blame or description of project.
2. Location'
3. Entity or person undertaking project:
A. City of Redlands
E. tither
(I) Name:
(2) Address.'
{3 4. staff Determination.
The City's Staff, having undertaken and completed a preliminary review of this
accordance with :the Cit 's " s project in
y �l `Guidelines for Implementing the California Environmental
Quality Act (C'EQA)" has concluded that this project does not require further envie
assessment because: onmental
a• The proposed action;does not constitute to a project under CEQA.
b. The project is a Ministerial project,
C. The project is an Emergency pro.
g �' 1ect.
d. ___ _ The project constitutes a feasibility or planning study.
e.
The project is categorically exempt.
Applicable Exemption Class:
— The project is statutorily exempt.
Applicable Code section Number:
g- The project is otherwise exempt on the following basis:
h. - The project involves another public agency which constitutes the Lid
Agency. Name of Lead Agency: a
f
.bate.
Staff f{
ts?
REDLANDS.PA {.
FO "A" i;{
t..,ao-t ,,S.kd({u>r rr't tract rS7x)€siSiY,t>na lS{$tia si,47i 1}tr t;rjt ll(t€4#tt}ttrttt}€j c{ tr€!'f} )t tiS;€'f{t tlla 1tt;
n{{1r l ttflt t24a r +z:t i€{E f4}€a,<a i.I) } nfJ.
MMCED E mp_ fdh#
TO: Clerk of the Board of
Supervisors, County of FROM: City of Redlands
San Bernardino Planning Department
`r 385 North Arrowhead Blvd, P. 0. Box 3005
San Bernardino, CA92415 130 RIl ds, A 37
1 Project Title:
2. ProJect hien SpecIfie;
�4 . (a) Project Location City:
Ptr{
(b) Project LocationLocation _ County:
4 Description of nature, purpose, and beneficiaries of Project;
€
5. Name of Public Agency approving project;
+6. Name of Person or Agency carrying out project:
7. Exempt status: (Check`one)
(a) Mini
sterlal project.
Not a project,
(c) Emergency Project.
(d) Categorical; Exemption. state type and class number;
(e) Declared Emergency.
( Statutory Exemption. Mate Code section number;
(9) Other. Explanation;
8. Reason;why projectwas exempt:
9. Contact Person.-
Telephone:
erson:Telephone:
113. Attach Preliminary Exemption Assessment
]`Form "A") before.fling...
Date Received for Filing;
(Clerk Stamp Here) Signature (City Representative)
z}z
t f
�t
Title i€��
r
(City Representative-Si ns'
Sgt
,rt;55;ct'x?1kEissstm}OCitst,':4'k,Y}3s�Si;{?i#2ENo1 f?{3i(ttrcvx}::. {t tt�i't#it2} t#Y�tt tf tt{r.flst�ttr7 }ill;
� r
C 1t{#,ttS,1 ;itrt}3 f?.,. tttsttt{ttt s} tsar}ft$1,
a4frf. MP
11ItFCTC20MMENDA�ON p1AUSr- ONLY)
L Name or description ofro•ect:
2;
P J
Location:
slY 3. Entity or Person undertaldng project:
t ,.
k.° A. ;City of Redlands
1, --- 13. Other
Name:
(2) Address:
t��tt
4. Staff Determination:
The City's staff, having undertalten
accordance with the City's k and completed an Initial Study Of thin project in
y Guidelines for Implementing the California Environ men
Quality Act (CEQA)- for the purpose of ascertaining whether the rdlu
a significant effect on the environment, has reached the following con lusion�roject tal
may have
}t; (a) The project could not have a significant effect on the
environment; therefore, a Negative Declaration should be
adopted.
(b) The Initial Study identified potentially significant effects an
lite
environment but revisions in the project plans or proposals
vi
made by or agreed to by the applicant would avoid the effects,
or mitigate the effects to a point where clearly no significant
effects would occur; therefore a Mitigated Negative D
tion should be adopted, g eclara
(c) The project may have a significant effect on the environmen
therefore, an Environmental Impact apart act R will be t'
required.
Date:
Staff
t
s
{
t,
L
#
tits,
ot,Aevms.rc t�'I
FORM C
,vx,,..:c t tr4fa.`,4t ttc„i>ix{#7{254<lttfle,?;tIM 112
r�t';i`srr» tr,{t}�..�#S}4r r544}3t4#tltt£{11f{f$tts jttt£}t{4##``4e.:
ref: 4,s#Ctf4�:3st,111F�r�irtlsU,, £}`}#t4 1#tftfflt}firs;4r'firl#444 ;£Ijl;r#ltt�,t!!}F�4tiIply2'r}
1
tt
{jr
�tt<,
t: Notice is hereby given that the City of Redlands has
completed an Initial Study of the
tirE project in accordance with the City's Guidelines implementing m
x
e Californi
�tr4t,tuali Ac a Enver
Quality t. This Initial Study was undertaken for the u onmental
r�tr� may have a significant effect on the environment. On theof deciding whether the project
�t�,j basis of such Initial Study, the City's
Staff has concluded that the project will not have a significant effect on th
his therefore r e environment, and
{ Prepared a Draft Negative Declaration. Copies of the in ."study and Draft
Negative Declaration,are on file at City Hail, Cit of Redland
005, Redlands, CA 92373 and are available for public review.
D ent, P.O. Box
4 until Comments will be received
Any person wishing to comment on this matter
must submit such comments, in 'writing, to the City prior to this date. Comments
Responsible Agencies are also requested. is of all
At its meeting on
X31,` City Council/Planning'Commission/Envi onmental Review CornriYitt F at me
{ ee will consider the project
and the Draft Negative Declaration. If th+e City Councillplannin
re
Review Committee finds that the project will not have a significant effectonthe environmental
it may adopt the Negative Declaration. This means that the decision makin ent,
to consider the project without the g body may prod
Preparation of an Environmental Impact Report.
Date Received
for Filing:
(Clerk Stamp Here) Staff
Title
111
r
�t�
r r'•' ,t.,ar. rrcrs,twutt2 lxX Ht)yt„#3-; 'is Xjfil turf}'.r '.fjtlA{}r.,., r15i 4"'t ,{s rrftr f#ir3 -' rriiSN+..
tr, „St„r?{krl#,
ttr,{s„s,},Slfi"2} }fir}1Si,!bt titscYit?tsthtsY{nSf{!is}sJsrt{jr tj t}(X11{rsss}{i(�rs'rtl�,i{{sr rX
s7 t r
�f rit x
�t
'#f M 1. I am eif any, and a brief description of project:
if
a
�ttnss.
t btu
r#t
}
2: Location:
�.
orf r Entity or person undertaldn
g project:
A. City of Redlands
B. tither
(1) Name:
(2) Address:
The City Cohncil/P1
annrng CommissianrEnvironmental Review Committee, having
reviewed the Initial Shady of this proposed ptosed project and having reviewed the written comments
received prior to the public meeting of the City Council/Planning ComimssionJ
Review Committee, includingthe.. Envstanmental
declare that the proposed recommendation + f the City's staff does kterela}� find annd
P Ptd project will not have a significant effect can the envirAbri
statement of the reasons supporting the City Council's/planning Commission's) of
Review COTnmittee's findings are as follows: ___ Environmental
A COPY of the Initial Study may be obtained at:
Cit} of Redlands
Planning Department
2 Redlands Plaza
Redlands, CA 9237
r=
.phone: (714) 798-7555; {
Staff ,fix
Date filed with Clerk of the Roa�rd
j,tri+
{
�
r�r
rX
4
TO: Clerk of the Board of r
SFROM: City of Redlandsupervisors, County ty of:
San Dernardin
, Planning Department
385 North Arrowhead Blvd.
San Be Redlands, CA 92373
r� p Bernardino, CA 92415-0I34
Office Of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
(File also with OPl2 if the
Project requires state approval.)
STTBTECI':
RFilingesourQf�Noti
Cocedeof Determination in Compliance with Section 21152 of the Public
.
tvject itte
tete
(Ir s�bMitted to ur�►ber
� 1 �nract er�on
�epbone �m r
roect scnpt�c��
--------------
This is to certify that the
approved the above dedescribedproject on Agency or 1b a enc
I. file project will and made the following determinations:
2 wild not have a significant effect on the environment
Art Environmental Impact Report wasPrepared
Project puns t to the Provisions of CEQA, and ct�rtified fer this
► Negative Dec tion was Prepared fvr this ro
Provisions of CF-QA. p ject Pursuant
to the
A Mitigated Negative Declaration was prefor this ro'e+ct
to the PrOVisions of CF-QA. P d pursuant
3, itigatittn measures
' —were— were not made a condition
4. A Statement of were
Considerationsof the a val of the Project.
was — was
S, Findings ..._ were were not made pursuant to the Writ adopted for this Project.
Provisions of CF-QA
TRIS IS Tot CERT {
ND ARA;�"E E AMIEFINALPROJECT EIRAM CO3'��k1 i1 T S
A�MAY BE E , APPROVAL IS AV RESPONSES) oIt NEGATIVE
II3 D AT. OF F ItEC�LA+DS P �I E T�1 THE GEIa
Rl i) , �'A 37 G DEPARTMENT, REDLA S PLAZA,
i
Signature
&Ca
iv�ed for F" ' Title ��x
L .rte
FO »F" �
.-- ,,.,,..,z, r ts,tcrit(4 .tatfil#flS'7tifslk`t4fttt}fy rk2lttt rtiSkir}Srvrlitt rt ft SSt S..... }tS £# ltttis F121 271367 tt}{y{r{s.:
19
��r ori TICS OF F'RPARATIf►IV
{J TO:
{3 FROM: Cir of Redlands
or Trustee A Agency
(ResgencyPlanning..Department
t )
F. O. Box 3005
i ('Address) Redlands, CA 92373
£
SUWECT; Notice of
t Preparation of a Draft Environmental Impact Report,
report The City of Redlands will the Lead Agency and will
for the project identified below. e need P an environmental impact
scope and content of the environmental information
which germane of your agency as to the
responsibilities in connection with the proposed g e to your agency's statutory
Prepared b our P Pow project, Your agency will n to use the Ell
y agency when considering yon
permit or other
The Project description, approval for the Prdescription, location, and the probable environmental effec
in the attached materials. A COPY of the Initial Stud is are tented
Study .� is..�; is not attached.
Your response must be sent at the earliest possible date, but not'later than
receipt of this notice. 3� C ys after
Please send your response to the City of Redlands at the address shown a
need the name for a contact person in your agency. bone. We will
PROTEA E:
PROJECT LOCATION:
PROJECT DESCRIPTION (brief):
PRiJECT APPLICANT, IF
Date.
Signature
Title
Telephone
Consulting firm retained tore {
p .Pare draft ElR of applicable): �.
Name;
ria
Address:
City/State/Zip:
.Contact Person; {t
3S Ft
s
i'?t.., tT7s,FG
ri
FORT "G" }�(s
,.,�: ..«=„s--, ttaat,r..xti,t4 sFt7Jk�z3ftf¢?�'EJttj ttdY{}57�Ttrt,ll4}sjk ijt fi.Xyt}'J �l Tl .tf{r}{jk2}{4t }{Citi[i i}af i/'� ?)rr z..
Jtl IJvl.h}h, �h,tz
NOTICE OF COMPLEDON
1400 Tenth Street, sacramenkt, X5814 916)445-0613
} PROJECT TITLE
LEAD Ad;ENCY
,t
CITY OF REDLANDS CONTACT PERsoN
STREET ADDRESSs
=�rtr
2 REDLANDS PLAZA: TELEPHONE
CITY
t ZIPCODE COUNTY
i{ft,
REDLANDS, GA 92373
IRAN BERN ARDINO
PROJECT LOCATION
Jr,r,
7�s� G1TY/NEatREST CCDMtu4�Nfi Y
COUNTY
CROSS STREETS
TOTAL ACRES
{{�tt; ASSESSt7R'S FAR
t� SECTION Tow--- RANGE 8ASE
WiTI-llfii �MiLES: 11 STATE HIGHWAY NO.
a { WATERWAYS
AIRPORTS
2 RAILWAYS
S370—OLS
k?aGf)MEh1E TY CEQA; No p
k:
—Early Coni —SUPPlement/Subsequent
Neq Doc —EIR!Prior SCH No.p
_ Draft EiR Other
lfi�Er OG ACT14?ly TYP€
.-_„ter
General Plan Update ^`_____..__. ....,,.
Specific Pfau
General Plan Arnandrn,,t —Rezone Annexation
General Plan Element _Master Plan
_ ezone —
�Land l�iviaion` m Redeve&apmerit
—Co—unity Plan FiSeta te flan ad Unit Oevalopment
Pr
Use Permit Coastal PaIt.
Other
--_-_-�--..__ 'lSiibdiviaion,Farrel Ma
�,_,___� ..�_. ------- P. Tract Msp etc-)
PL'rylELC►Pl�tFNT YPE - _,__
Residential: Units Acres
Office; Sq,ft. Acres —Water Facilities, Tyre IMOD
Gomrrr isl.s: Sq.t. Acres-�._ Employees —Transportation:
Employees Type
In uc t iol. Sq.ft. Acres Minkrq: Mineral
Educational Empioyoas Power;
�` TYt>e- 1+Yatts
,Recreational —Waste Treatmant. TyPo
—Hazardous Wsste: Type
Other®.�
GT 18$ S -------
Dow D CU NT
—Aosthetic/Viaual
—Agricultural Land —Health Hazards
usutV --�_Minerals s
lreolo
ArcToxic/Hazwdou
Air coloaicallHirtari�al Noise
—Traffic/Circulation
_
_ Population/Housing Balance ----Vegetation
Coastal zone
—Drainsga/Abso _ _Public Sery ces/Fscaitses
Water Quality
rption Ecrsraomic`,Jobs : Recreation/Parks —Water SU PPIY/Groundwater
____Wetland '
_ f=iscal Schoola/Univarsrties /Riparian
Flood Plainl�looding
Septic Systems —Wildlife
�
Forest Lsnd/Fire Hazard _Sewer Capacity Growth koduciryg
Goo Soo ErosionfCom ac G Land Use
los7ic/Seismic tr tion/Gradin
Solid Waste ti Cumulative
Effects E`
r
wr --.,,,_ rr:.+,.,�_,.6Wc_.— --w,..-__`_..a._..�. iJ
PRE EMT AiVO S t1ilVlNti tiElll -- �Other
PR
_OJECT DESCRIPTION
-�ATE PRUJEt ( dTIryED t3 8L_rt--------
__.. _ — ---------
�LANDs,
_i_ ,. 'x"•°�= 1i,i<Ska2 i4 irk4t 71*..{JYitxs ti 1{yAfn'{t ffy,{S d f(({ftU {{Ff!t ttt';F 4 t} 4 4 1F t i §t r Fr t i'kt/Y
t21i.,t,stxi�t� �2,�krc„ifiti{i��ik{ti�{ri}�3{7t,P�i}.}�����;irlt�{��{itsr{�tyi,�{rtii�tfti}..-ti}{��ltcsl{tf}li
{t
TO be completed by private Date Filed: prInitial Study Part I
oject applicant to assist staff in completing initial stud
4{t
,raEaRAL&EQRMADDN
Name and address of developer or project sponsor:
2. Address of project:
3. Assessors Block and Lot Number:
Name, address, and telephone number of person to be contacted can
project; concerning this
t
4• Indicate number of thermit
pe application far the project o which this form pertains:
5. List and describe any other related permits and other public approvals oval '
this project, includingthose pP s ui ecl for
required b city, regional, state and federal agencies:
Y#,
o. Existing;zoning district:
7. Proposed use of site (Project for which this form is filed):'
8. Site size.
. Square footage,
10. Number of floors of construction.
11. Amount of off-street parking provided.
12. Attach plans.
13. Proposed scheduling,
jJE
14. S{f
AgsoCiated projects.15-
A-nticiPated incremental development.
{f�
�k{Y
t
ri tit
REDLANDS_ I T ^} (�
Page [ ofJ tir}Car
FORM "l" �r}f
}.ts#}F�u:,rS} t,t.};Ft;svl,s#r;y 73t t.t;.}t ti;. }i+}t44�tit.if}++Ftit�€71r4JjS r st�tcttlrt•;�Y}r evrits�{tY(is r�tt}�tSifts_ __.
>{r}.:.
z{ tt #1n.e.Vf,
t'
ppt
I
,t lb. If residential, include the number of units, schedule of unit sizes ran
}t or rents and t of household size epettedx ge of sales prices
.
{ 27. Ifcommercial, indicate he t
YPe, whether 4 neighborhood, city or regionally oriented.,footage of sales area and loading facilities.
sil 1$. If industrial, indicate menu type, estimated employment#}#, P �' ..per shift and loading facilities.
19. If institutional, indicate the major function, estimated em to mens
per
occshiftestimated
upancy, Ding facilities and community benefits to be derived from thexpro
20. If the Project involves a variance, conditional use or rezoning application state
xf indicate clearly why the application is-required. tills and
Are the following items applicable to the project or its effects? Discuss bel
` yes (attach additional sheets as necessary). ow all items checked
1. Change in existing features of any :bays, tidelands,
beaches, lakes, hills or substantial alteration of ground
�t= contours.
22. Change in scenic views or vistas from existing residential
areas or public lands or roads.
23. Change
project. in pattern, scale or character of general area of
.�_ 24. Significant amounts of solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in vicinity.
26. -Change in ocean, bay, lake, stream or ground water
quality or quantity, or alteration of existing drainage
patterns.
27. Substantial change in existing noise or vibration levels in
the vicinity.,
28. Site on filled land or on slope of 10 percent or more.
t<
29. Use or disposal of potentially hazardous materials, such
as
tonic substances, flmmables or explosives.
.� 3Q. Substantial change in demand for municipal services
(Police, F{�+c
fire, water,, sewage, etc.), z{
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M. Substantial increase r$s in fossil fuel consumption (electricity,
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coil, natural gas, etc.).
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32. Relationship to a larger project or series of
{ projects.
33. Has a prior environmental impact report been prepared for
` aro ram
p , ply'►, policy or ordinance consistent with this
project
34. If YOU answered yes to question 33, may this project cause
significant effects on the environment that were not
examined in the prior FIR?
35. Describe the PrOject site as it exists before the project, including
topography, soil stability, ,plants and animals, and any cultural, historical anon on
aspects. Describe any existing structures on the site, and the structures.
nic
use of the
sce
Attach photographs of the site. (Snapshots or instant photos acceptable.) res.
36.
Describe the surrounding properties, including information on plants and animal
cultural, historical or scenic as s arrwd`any
Peas. Indicate the type of land use (residential,
commercial, etc.),intensity of land use(one-family, apartment houses, shops, department
stores, etc.), and scale of development (height, frontage„ set-back , et .).
Attach photographs of the vicinity. , Yard, etc.}.
(Snapshots or instant photos acceptable.)
FRTIFI ATI N: I herebycertify
rtify that the statements furnished above and in the attached
exhibits present the data and information required for this initial evaluation to
ability, and that the facts, statements, and information resented the best of my
Of m knowledge;and belief: l� are true and correct to the best
DATE:
(Signature)
For
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<{ Initial Study part Il-
(TO be completed by Lead Agency)
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{ L BACKGROUND
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l Name of Proponent:
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. Address and Phone Number Of Proponent;
k
Y
ut;=r
43t�t.
Bate of Checklist Submitted:
4. Agency Requiring Checklist:
5, Name of Proposal, if applicable:
EN'VIRONMENTAL IMPACT
S
(Explanations of all '"Yes” and "Maybe" answers are required on attached sheets.)
lYES MAYBE NOWill the proposal result in:
a. Unstable earth conditions or in chart
geologic substructures? changes in
b. Disruptions) displacements
compaction rnpacton or
overcovering of the soil?
C. Change in to-PograPhy or ground surf
features? ace relief
d- The destruction
covering or modification of — � ti
any unique geologic or physical features?
e- Any increase in wind or water erosion of soils,
on or tiff`the site?
f Changes in deposition or erosion of beach
sands, or changes in siltation deposition or 4
erosion which may modify the channel of a
riven Or stream
or the bed of the ccs
bay, inlet or lake? eon or an
g. Exposure Of people orro 7{t�
P perty to geologic
hazards such as earthquakes, landslides}
mudslides, tf
ground failure or similar hazards?
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Pagel of �'
YES MAYBE NO
2. Air. Will the proposal result in::
a. Substantial air emissions or deterioration o
ambient air quality.
xb. The creation of objectionable odors?
s
q c. Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
3 x
d Emission of hazardous air pollutants within
one-fourth of a mile of a school?
e Burning of municipal wastes, hazardous waste
or refuse-derived fuel and consists of either the
construction of a new facility or the expansion
"n of an existing facility by.more.than ltd percent?
. )yXeJ. Will the proposal result in:
a. changes in currents, or the course or direction
of water movements, in either marine or fresh
waters?
a�i§
b. Changes in absorption rates, drainage patterns,
or the rate and amount of surface water runoff?
c Alterations to the course of flow of flood
waters?'
d. Change in the amount of surface water in any
water body?
e. Discharge into surface waters, or in any
alteration of surface water quality; including
but not limited to temperature, dissolved
f oxygen or turbidity?
:
. Alteration of the direction or rate of flow of
ground waters?
g. Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or ,
excavations"
It. Substantial reduction in the amount of water
otherwise available for public water supplies? ..
x
L Exposure of people or property to water related
hazards such as flooding or trial. waves`
U
3,4
s
:or„Nos,rr Page 2 of 7 FORM "7"
`fid....
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YES MAYBE NO
Significant changes in the temperature, flow or
chemical content of surface thermal springs?
4. E Lif` . Will the proposal result in;
z
a. Change in the diversity of species, or number
la-sYof any species of plants (including;trees,
shrubs, grass, crops, microflora and aquatic
plants)?
b. Reduction of the numbers of any unique} rare
or endangered species of plants?
k c. Introduction of new species of plants into an
area, or in a barrier to the normal
replenishment of existing species' ^_
d. Reduction in acreage of any agricultural crop`
° 5. ninia_l Iife. Will the proposal result in:
a. Change in the diversity of species, or numbers
of any species of animals (birds, land animals
including reptiles, fish and shellfish, benthic
organisms or inspects)
lam Reduction of the numbers of any unique, rare
or endangeredspecies?
c Introduction of new species of animals into an
area, or result in a barrier to the migration or
movement of animals?
u
d. Deterioration to existing ,fish or wildlife
habitat"
6 i . Will the proposal result in
rz'
z
a,_ Increases in existing noise levels?
b. Exposure of people to severe noise levels
7 LightGlare. Will the proposal produce new
light and glare*
8. Will the proposal result in a: subs
alteration of the present or planned land use of ars
area?
. N=mjmur e5. Will the proposal result in;
a. Increase in the rate of use of any natural'
resources;
oLANDS. l Page 3 of 7 FORM ffI,t
MAYBE NO bSubstantial depletion f y nonrenewable
YES natural resource?
t' 10, Risk of Unset. Will the proposal:Involve::
a. A risk of an explosion or the release of
hazardous substances (including but not limited
to oil, pesticides, chemicals or radiation) in the
event of an accident or upset condition;
b Passible interference with an emergency'
response plan or an emergency evacuation
plan?
11. Papula `on. Will the proposal alter the location;
distribution, density, or growth rate of the human
population of an area'
1 . HoLiU. Will the proposal affect existing housing,
or create a demand for additional housing?
13. nsmMdon1chrolation. Will the proposal result
t
in.
,t
a. Generation of substantial additional vehicular
movement?
b.. Effects on existing parking facilities, or
demandfor new fang �.
C. Substantialimpactupon existing transportation
systems"?'
o; Alterations to present patterns of circulation or
movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic?`
L Increase in traffic hands to motor vehicles,
bicyclists or es ` s
14; Public Services. Will the prop=osal have an effect'
upon., or ,result in a need for new or altered
governmental services in any of the following areas:
a. Fire protection?
b. Police protection?
C. Schools?
d. Pare or rather recreational facilities`
{
REDLANDS.FJ 'age 4 of 7PO "l" k
e. Maintenance of public facilities, including'; YES MAYBE NO
roads?
f. Other governmental services?
15. EngrU. Will the proposal result in:
ri a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy?
16. V-W�C=. Will the proposal result in a need for new
systems, or substantial alterations to the following
utilities:
a. Power or natural gas'
b. Communications systems?
C. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. HuMgn H011h. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health hazards?
xF
18. Aggbgjo. 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. Rggrojio. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunities?
20. Cultural Eg=rces.
a. Will the proposal result in the alteration or
destruction of a prehistoric or historic
archeological site?
b. Will the proposal result in adverse physical or
aesthetic effects to a prehistoric or historic
building, structure or object?
REDLANDS.F1 Page 5 of FORM '
3
Y
4
i
YES MAYBE NO
C..i
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 Einding Qf Significangg.
} a the project have the potential to degrade
eS4 the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
Hal
below self;-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
Does the project have the potential to achieve
FIRshort-term, to the disadvantage of long-terra:,
environmental goals?` (A short-team impact on
the environment is one which occurs in a
F' relatively brief, definitive period of time while
s long-term impacts will endure well into the
a
future.)
C. Does the project have impacts which are
individually limited., but cumulatively
considerable"? (A project may impact on two
or more separate resources where the impact on
each resource is relatively small, but where the
effect of the total of those impacts on the
environment is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
2. EIR 'Ticrin I etermination.
(See § 12 Tiering Guidelines.)
a;, Is this project consistent with a program, plan,
Policy or ordinance for which an EIR has been
prepared and certified:
b� Is this project consistent with applicable local
land use plans and zoning of the city and
county in which it is located?
3
RED ANDSX1 Page 6 of 7 FO "I«
Y
YES MAYBE No
c. May this project cause significant effects on the
environment that were not examined in the
prior Elft`
III. DISCUSSION
On attached sheets, discuss.
1. The environmental evaluation.
. Ways, if any, to mitigate any significant effects identified..
k . Compatibility with existing zoning and plans.
IV. DETERMINATION
ATIO
h}Y} (To be completed by the d Agency.)..
hrt&
NNE On
the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the
,$ environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project by the applicant, A MITIGATED NEGATIVE DECLARATION WELL
{' BE PREPARED.
I find the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project may have a significant effect on the environment;-
but that this project is consistent with a previously prepared TIERED EIR on the
overall program, plan, policy or ordinance, and Haat such TIERED EI
adequately examines the possible environmental effects of this project.
Date;
(Signature)
For
r
DL,AND .FJ Page 7" of 7 ECJ "J"
a£
NOTICE OF AVAILABILTTY OF
DR.AF°T FQtRdENTAL IMPACT REP{�R'T
TO:
Project Title
Project Location- Specific
Project Location- City Project Location- County
Description of Nature, Purpose, and Beneficiaries of Project:
to
Lead Agency Division
Date when project noticed to public:
Address where copy of EIR is available..
Review Period
Contact Person Area Code -Telephone-Extension
To be published, poster or mailed to contiguous ownersfo u ts.]
REDLANDS,FK FORM "K"
CERTIEICATE OF FE.E EXEMPTIO
City of Redlands
De Minimis Impact Finding
County of San Bernardino
Project Title/Location include county):
� ( ty)
Project Description:
Findings of Exemption (attach as necessary)
f
x
CERTIFICATION:
I hereby certify that the public agency has made the above finding and that the project
will not individually or cumulatively have an adverse effect on wildlife resources, as defined in
Section 712.2 of the Fish and Game Code.
a
G
Lead Agency Representative
Title:
I
Lead Agency: City of Redlands
Date:
REDLANbs.FL FORM "L"