HomeMy WebLinkAboutRDA Res 92-2 1992-11-23
WHEREAS,
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WHEREAS,
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WHEREAS,
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WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION NO. 92-2
A RESOLUTION OF THE SEAL BEACH
REDEVELOPMENT AGENCY ADOPTING
PROCEDURES IMPLEMENTING TH5
CALIFORNIA ENVIRONMENTAL QUALITY ACT,
AND THE GUIDELINES OF THE SECRETARY
FOR THE RESOURCES AGENCY, AS AMENDED,
AND REPEALING RESOLUTION NO. 90-3
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the Office of the City Attorney and the Department of Development
Services have prepared proposed amendments to the procedures
implementing the California Environmental Quality Act for the City of
Seal Beach; and
the Environmental Quality Control Board reviewed the proposed
amendments to the procedures implementing the California Environmental
Quality Act and the Guidelines of the Secretary for the Resources Agency
at its regular meeting of October 20, 1992; and
the Environmental Quality Control Board recommended approval of the
proposed procedures for consideration by the Planning Commission,
Redevelopment Agency and the City Council by adoption of EQCB
Resolution No. 92-3; and
the Planning Commission of the City of Seal Beach did set such matter for
review and consideration before said Commission, said hearing being held
on Wednesday, October 21, 1992; and
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said Commission held said aforementioned hearing; and
at said hearing there were no oral or written protests; and
the Planning Commission recommended approval of the proposed
procedures to the Redevelopment Agency and the City Council by the
adoption of Resolution No. 92-39; and
the City Council considered the reports of the Environmental Quality
Control Board, the Planning Commission, and supplemental amendments
proposed by the City Attorney on November 9, 1992 and determined to
adopt the CEQA Guidelines as recommended with the amendments
recommended by the City Attorney through the adoption of Resolution
No. 4180; and
the Redevelopment Agency received and considered the reports and
recommendations of the Environmental Quality Control Board, the
Planning Commission, and the City Council regarding the adoption of the
proposed Guidelines at the regular Redevelopment Agency meeqng of
November 23, 1992; and
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the Redevelopment Agency allowed an opportunity for public comment on
the proposed Guidelines at the regular Redevelopment Agency meeting of
November 23, 1992.
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Resolution Number . t?:?~.;Z
NOW, THEREFORE, THE CITY OF SEAL BEACH
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE:
Section 1. In accordance with Public Resources Code, ~ 21082, the Redevelopment Agency
hereby adopts the procedures attached as "Exhibit A" and incorporated herein by this reference
as its Guidelines for the consideration and evaluation of projects and the preparation of
Environmental Impact Reports and Negative Declarations in compliance with the California
Environmental Quality Act, and the Guidelines of the Secretary for the Resources Agency, as
amended.
Section 2. Resolution No. 90-3 and any other enactment of this Redevelopment Agency
adopting Local CEQA Guidelines pursuant to Public Resources Code ~ 21082 are hereby
repealed .
AYES:
Agency Member
NOES: Agency Members
ABSENT: Agency Members
dA~~~, ~7/'-
Chairman, RedevelopmeRt' Agency
,:';'~~F:~II:t:
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Joarln Yeo
S~tary, Redevelopment Agency
STATE OF CAUFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of Seal Beach, CalifO~ d~herebY certify that the foregoing
resolution is the original copy of Resolution Number - on fiI in the office of the City
Clerk, passed, approved, and ado~ted by the S Redevel n Agency, at a regular
meetin thereof held on the~/lV day of 92.
'Resolution Number ~
CITY OF SEAL BEACH
1
CEQA GUIDELINES
[ Revised November 1992 ]
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Prepared By:
Office of the City Attorney
Development Services Department
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Approved by Redevelopment Agency November 23, 1992
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Resolution Number ~.-:l
Oty 01 ~al .adr CEa,4 GuUklines
Navember, 1992
CITY OF SEAL BEACH
CEQA GUIDEliNES
[Revised November 1992]
TABLE OF CONTENIS
Page
I. GENERAL ............................................1
A. Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
B. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
C. Exemptions From CEQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
D. Application of CEQA to Discretionary Projects . . . . . . . . . . . . . . . .. 5
E. Submission of Data by Applicant . . . . . . . . . . . . . . . . . . . . . . . . .. 5
F. Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
II. mE PRELIMINARY REVIEW PROCESS ......................... 6
A.
B.
C.
D.
E.
Receipt of Application ................................ 6
Determination of Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Initial Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Determination of De Minimis Exemption . . . . . . . . . . . . . . . . . . . .. 9
Determination Whether an EIR Is Required. . . . . . . . . . . . . . . . . . . . 11
III. mE NEGATIVE DECLARATION PROCESS . . . ... . . . . . . . . . . . . . . . . . . 11
A. Decision to Prepare a Negative Declaration ................... 11
B. Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
D. Public Review Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
E. Review by Other Public Agencies ......................... 13
F. Review of Projects of Statewide, Regional, or Areawide
Significance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
G. Final Approval/Finding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
H. Appeal of Final Approval .............................. 14
I. Notice of Determination ............................... 14
J. Time Limit ....................................... 14
K. Mitigation Monitoring ................................ 14
IV. mE EIR PROCESS ...................................... 15
A.
B.
C.
D.
E.
F.
Decision to Prepare an EIR ............................. 15
Preparation of the Draft EIR ............................ 15
Public Review of Draft EIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Evaluation of Comments by Lead Agency ........:........... 21
TheFinalEIR .....................................22
Decision Whether to Approve or Carry Out the Project .. . . . . . . . . .. 23
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Resolution Number ?d -.:l
City of Seal Iktu:h CEQA Grddelinl!s
NOwmM', 1992
TABLE OF CONrENIS (COnlinued)
Page
G.
H.
I.
J.
K.
L.
Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Statement of Overriding Considerations . . . . . . . . . . . . . . . . . . . . . . 24
Appeal of Certification .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Notice of Determination ...............................24
Mitigation Monitoring ................................ 24
Subsequent EIRs, Supplements and Addenda to EIRs ............. 24
V. FIUNGS REQUIRED BY CEQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
A. Notice of Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
B. Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
C. Notice of Determination ........-....................... 27
VI. MlTIGATION MONITORING ................................ 29
A. Program to Insure Compliance ........................... 29
B. Measures Requested by State and Federal Agencies .............. 29
C. Projects of Statewide, Regional, or Areawide Concern . . . . . . . . . . . .. 29
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Re.solution Number tf~ ..,;Z
Oty of &01 Beach aQA Guide/ius
November, 1992
APPENDICES
Appendix A. CEQA Process Flow Chart
Appendix B. Environmental Information and Checklist Form
Appendix C. list of Categorical Exemptions
Appendix D. Status of Application Form
Appendix E. Notice of Preparation
Appendix F. Notice of Completion and Public Notice Forms
Appendix G. Notice of Determination
Appendix H. Negative Declaration and Public Notice Forms
Appendix I. Examples of Significant Effects
Appendix J. Energy Conservation Measures
Appendix K. Projects of Statewide, Regional or Areawide Significance
Appendix L. Archaeological Impacts
Appendix M. Notice of Exemption
Appendix N. Chart of Time Limits
Appendix O. list of Statutory Exemptions
Appendix P. Certificate of Fee Exemption
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Resolution Number
Q;2-,2
Oly of Selll IkJJch aQA Gllidelius
November, ]992
CEQA GUIDEUNES
I.
GENERAL.
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A. Use.
These Guidelines, effective November 10, 1992, set forth the procedures which shall be
used by the City of Seal Beach in the implementation of the California Environmental
Quality Act of 1970 (CEQA) , as amended. They are based on The California
Environmental Quality Act, Public Resources Code Sections 21000 ~ mi. ("CEQA B),
and the State CEQA Guidelines promulgated by the Resources Agency, as amended,
which are incorporated herein by reference, and should be referred to whenever
additional detail or clarification is necessary.
Appendix A to these Guidelines contains a flowchart which illustrates the procedures set
forth in the state CEQA Guidelines. If there is any conflict between that Appendix and
the text of these Guidelines or the state Guidelines, the text controls.
B. Definitions.
1.
Chief Planning Official. "Chief Planning Official" means the Director of
Development Services or his or her designee.
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2. Development Project. "Development project" means a project undertaken by a
private individual or entity for any of the following purposes: on land, in or
under water, the placement or erection of any solid material or structure;
discharge or disposal of any dredged material or of any gaseous, liquid, solid or
thermal waste; grading, removing, dredging, mining, or extraction of any
materials; change in the density or intensity of use of land, including, but not
limited to, subdivision pursuant to the Subdivision Map Act, and any other
division of land except where the land division is brought about in connection
with the purchase of such land by a public agency for public recreational use;
change in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of any structure, including any
facility of any private, public, or municipal utility; and the removal or harvesting
of major vegetation other than for agricultural purposes, kelp harvesting, and
timber operations which are in accordance with a timber harvesting plan. As
used in this paragraph, "structure" includes, but is not limited to, any building,
road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power
transmission and distribution line.
"Development project" does JlQ1 include approval of a ministeria1 project.
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3. Discretionary Project. "Discretionary project" means a project which requires
the exercise of judgment, deliberation, or decision on the pan of a public agency
or body in the process of approving or disapproving a particular activity, as
distinguished from "ministerial" decisions which require the public agency or
body merely to ascertain compliance with applicable statutes, ordinances, or
regulations. A project having both ministerial and discretionary elements is
deemed discretionary.
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tl.esolution Number 9..2 -~
Ory of Seal Beach CEQA Guideline.
Nollembcr, 1992
4. Environmental Impact Report. "Environmental Impact Report" (EIR) means a
detailed statement setting forth the environmental effects and considerations
pertaining to a project as specified in Section 21100 of CEQA, and may refer to
either a Draft or a Final EIR, pursuant to Sections IV.B and IV.E of these
Guidelines.
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IniliDl Study. "Initial Study" means a preliminary analysis prepared by a Lead
Agency pursuant to Section II.C of these Guidelines to determine whether an EIR
or a Negative Declaration shall be prepared.
6. Jurisdiction by Law. "Jurisdiction by Law. means lawful authority exercised by
any public agency over the resources which may be affected by a project, and
includes a city, county or other jurisdiction which is the site of the project.
7. Lead Agency. "Lead Agency. means the local agency (i.e., the City), which has
the principal responsibility for carrying out or approving a project, and which
shall prepare the environmental documents for a project.
8. Mitigation. "Mitigation. of environmental effects may include avoiding an effect
by not taking a certain action, limiting an effect, repairing or restoring the
affected environment, reducing effects by preservation and maintenance
operations during the life of the project, and/or compensating for an impact by
replacing or providing substitute resources or environments.
9.
Negative Declaration. "Negative Declaration" means a written statement by a
Lead Agency pursuant to Section III of these Guidelines which briefly presents
reasons why a proposed project will not have a' significant effect on the
environment and therefore does not require the preparation of an EIR.
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10. Planning Director. "Planning Director" means the Director of Development
Services or his or her designee.
11. Project. "Project" means the whole of an action which has a potential for
resulting in a physical change in the environment, directly or ultimately, that is
any of the following: .
(a) An activity directly undertaken by a public agency including but not
limited to public works construction and related activities, clearing or
grading of land, improvements to existing public structures, enactment and
amendment of zoning ordinances, and the adoption and amendment of
local General Plans or elements thereof pursuant to Government Code
Sections 65100 through 65700;
(b) An activity undertaken by a person or entity which is supported in whole
or in part through public agency contracts, grants, subsidies, loans, or
other forms of assistance from one or more public agencies;
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(c)
An activity involving the issuance to a person or entity of a lease, permit,
license, certificate, or other entitlement for use by one or more public
agencies.
"Project" does not include continuing administrative or maintenance activities,
emergency repairs to public service facilities, general policy- and procedure-
making and feasibility or planning studies.
12. Responsible Agency. "Responsible Agency. means a public agency, other than
a Lead Agency, which has responsibility to carry out or approve a project.
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Resolution Number CZ2-;t.
CIty of SeJJl Beach CEQA GuidelillU
November. 1992
13. Significant Environmental F;ffect. "Significant environmental effect" means a
substantial, or potentially substantial, adverse change in any of the physical
conditions within the area affected by the project, including land, air, water,
minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance, and may result from direct or indirect consequences of a project.
A project shall be found to have a significant effect on the environment if:
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(a) The project has the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal, or eliminate
important examples of the major periods of California history or
prehistory;
(b) The project has the potential to achieve short-term 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 section,
"cumulatively considerable" means that the incremental effects of an
individual project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the
effects of probable future projects; or
(d)
The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
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Examples of consequences which normally have a significant effect on the
environment are listed in Appendix "I."
14. Transportation A.gency. "Transportation Agency" means a public agency which
has jurisdiction over major arterials and public transit facilities within five (5)
miles of a project site that might be affected by the project or a public agency
which has jurisdiction over freeways, highways, and rail transit service facilities
within ten (10) miles of a project site that might be affected by the project.
15. Trustee A.gency. "Trustee Agency. means a state agency having jurisdiction by
law over natural resources affected by a project which are held in trust for the
people of the State of California.
C. Exemptions From CEQA.
The following projects are exempt from the requirements of CEQA and do not require
the preparation of an Initial Study, Negative Declaration, or EIR:
1.
AU Ministerial Projects. These are projects for which the City's discretionary
approval is not required. Such projects include, but are not limited to, final
subdivision maps and individual utility service connections and disconnections.
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2. Categorical Exemptions. These are classes of projects which have been found
by the Secretary for Resources not to have a significant effect on environment.
A list of these exemptions is set forth in Appendix "C. of these Guidelines.
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Resolution Number ~~.~
Oty t1/ Seal Be4dI CEQA GlideIiJ/U
November, 1992
(Note: a project located on a site which is included on any list compiled pursuant
to Section 65962.5 of the Government Code is not exempt, even if a categorical
'exemption would otherwise apply.)
3.
Certain Emergency Actions and Projects. These include emergency projects
carried out or approved by a public agency to repair or replace property or facil-
ities damaged or destroyed as a result of a disaster in which a state of emergency
has been declared by the Governor, and emergency repairs to public service
facilities to maintain service, and specific actions necessary to prevent or mitigate
an emergency.
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4. Projects which the Lead Agency Rejects or Disapproves.
5. Rates, ToUs, Fares or Other CluJrges. The establishment, modification,
structuring, restructuring, or approval of rates, tolls, fares or other charges by
public agencies which the public agency finds are for the purpose of:
(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, or
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(e) Obtaining funds necessary to maintain such intra-city transfers as are
authorized by city charter.
6. Closing of Public Schools. The closing of a public school containing kinder-
garten or any of grades one (1) through twelve (12) or the transfer of students
between public schools if the only physical changes involved are also exempt
from the requirements of CEQA.
7. Restriping of Streets or Highways. The restriping of streets or highways to
relieve traffic congestion.
8. Pipeline Projects. Projects less than one mile in length in any public right-of-way
to install, maintain, repair, replace, restore, remove, relocate, recondition, or
demolish a pipeline. For the purposes of this section, .pipeline. includes only
subsurface facilities and does not include any surface facility related to the
subsurface facility.
9. Stiltutory Exemptions. These are exemptions from CEQA granted by the
Legislature. A list of these exemptions is set forth in Appendix '0. of these
Guidelines.
I D. Application of CEQA to Discretionary Projects.
Except as provided in Sections I.C, II.B, and III.A of these Guidelines, the Lead Agency
shall prepare directly or by contract an Environmental Impact Report for all public and
private projects which involve discretionary governmental action, and which may have
a significant effect on the environment either individually or cumulatively. See Part IV
below.
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Resolution Number ~-~
Oly of Seal Beoch CEf2A CilMeIiIle.
November, 1992
E. Submission of Data by Applicant.
1.
A Lead Agency may require the applicant to submit any data or information
which may be necessary for the Lead Agency to determine whether the project
may have a significant effect on the environment, whether the project site and any
alternatives are on any list compiled pursuant to section 65962.5 of the
Government Code, and to assist in the preparation of an Initial Study, Negative
Declaration, or ElR by the Lead Agency. A completed "Environmental
Information and Checklist Form," shall be submitted by the applicant so that an
Initial Study may be prepared. A copy of this form is included in these
Guidelines as Appendix B.
2. In addition, the applicant shall provide the Lead Agency with a list of any
additional public agencies which will have discretionary authority over the
project.
F. Fees.
1. A fee covering all costs and expenses, including any consultants' fees, incurred
by the City in preparing an Initial Study, Negative Declaration, or ErR, shall be
charged to the applicant.
2.
No fee shall be collected when it is determined at the initial examination that the
proposed project does not require the preparation of an Initial Study, a Negative
Declaration or an EIR, because the project is exempt from the requirements of
CEQA under Section I.C of these Guidelines.
3. The City shall charge a fee not exceeding the actual cost of reproduction to
members of the public who request copies of an Initial Study, Negative
Declaration, or EIR.
4. A non-refundable fee, the amount of which shall be determined from time to time
by Resolution of the City Council, is required to initiate an appeal from any
determination pursuant to these Guidelines to the City Council or Planning
Commission.
5. Fees incurred under Section 753.5, Title 14 of the California Code of
Regulations, shall be collected as follows:
(a)
Projects which are statutorily or categorically exempt from the
requirements of CEQA, or which are found by the Lead Agency to have
a de minimis effect on fish and wildlife, shall incur no fee. If the Lead
Agency determines that the project would have a d~ minimis effect on fish
and wildlife pursuant to Section n.D of these Guidelines, it sha1l also
complete a Certificate of Fee Exemption containing the de minimis
fmding. The original Certificate of Fee Exemption shall be retained as
part of the environmental record, and two copies of the Certificate shall
be flled with the county clerk, along with the document handling fee
required by Section 7I1.4(e) of the Fish and Game Code, at the same time
the Notice of Determination is filed.
(b) Projects which are not exempt under the preceding section shall incur a
fee in the amount established by Section 753.5(a) of Title 14 of the
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Resolution Number ~d?-~
01)1 of ~JJ1 &ach CEQA GrdikliM'
November. 1992
California Code of Regulations. All projects for which a Negative
Declaration has been prepared pursuant to Section 21080(c) of the Public
Resources Code and these Guidelines shall incur a fee in the amount
established by Section 753.5(a)(4) of Title 14 of the California Code of
Regulations. All projects for which an Environmental Impact Report has
been prepared pursuant to Section 21151 of the Public Resources Code
and these Guidelines shall incur a fee in the amount established by Section
753.5(a)(5) of Title 14 of the California Code of Regulations.
(1) When the Lead Agency acts in its own proprietary capacity in
undertaking a project, the Lead Agency shall be considered the
applicant and shall be responsible for payment of the fee incurred
hereunder.
(2) When the Lead Agency is granting a license, permit or entitlement
to an applicant, the project applicant shall be responsible for
payment of the fee incurred hereunder.
(3) Fees incurred hereunder shall be paid by the party responsible for
such payment to the county clerk. The fee shall be paid at or
before the time of filing the Notice of Determination with the
county clerk. All checks for payment of the fees required by
Section 753.5 of Title 14 of the California Code of Regulations,
including any document handling fee that may be required, shall
be payable to the county.
(4) Only one fee shall be paid per project. In the event a project
requires multiple Notices of Determination by Lead and/or
Responsible Agencies, the fee shall be paid at or before the time
the Lead Agency files the first Notice of Determination. Upon
payment, the County Clerk will issue an Environmental Filing Fee
Cash Receipt. The applicant shall retain the receipt for
presentation to any additional agencies whose approval may be
required. A copy of the receipt shall be attached to any additional
Notices of Determination that may be required for the same
project. This copy shall suffice as documentation that the fee has
been paid.
. n. THE PRELIMINARY REVIEW PROCESS.
A. Receipt of Application.
1.
No later than thirty (30) calendar days after a Lead Agency has received
an application for a development project, staff shall determine in writing
whether the application is complete and shall immediately transmit the
determination to the applicant. If the application is determined to be
incomplete, the determination shall indicate how it can be made complete.
A copy of the Status of Application form is provided as Appendix D to
these Guidelines.
2. In addition to other considerations, an application may be determined to
be incomplete if any necessary environmental information or data is
omitted. If the site of the project is included on a list compiled pursuant
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Resolution Number tl2 ~,;l..
Oty 0/ Seal Beach aQA GuideliMs
November, 1992
to Section 65962.5 of the Government Code, and the list is not specified
on the application, or the statement regarding sites affected by hazardous
waste and substances required by Section 65962.5(f) of the Government
Code has not been provided, the Lead Agency shall notify the applicant
pursuant to Section 65943 of the Government Code that the application is
incomplete. Further, subsequent to the determination that an application
is complete, an applicant may be required to amplify, correct, or
otherwise supplement the application. A form for notice of the Status of I
Application is provided as Appendix D to these Guidelines.
3. Where the following occurs, the Lead Agency may deem an application
for' a project not received for filing until such time as the required
environmental documentation is sufficiently complete to enable the lead
agency to complete environmental review under CEQA within the time
limits set by another statutory scheme:
(a) The enabling legislation for a program requires the Lead Agency
to take action on an application within a specified period of six
months or less; and
(b) The enabling legislation provides that the project will be 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.
Exhibit N illustrates the time limits discussed in these Guidelines.
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B.
Detennination of Exemption.
When an application is deemed complete, Staff shall first determine whether the
application involves a "development project," as that term is defined in Section
I.B(1) of these Guidelines. If so, Staff shall then determine if the project is
exempt from the requirements of CEQA under Section I.C of these Guidelines.
If Staff determines a project is exempt from the requirements of CEQA, a notice
of exemption may be filed with the County Clerk of the county or counties in
which the project is located. Note that the County Clerk may charge a document
handling fee pursuant to Section 753.5(g) of Title 14 of the California Code of
Regulations. A copy of the Notice of Exemption form is provided as Exhibit M
to these Guidelines.
C. Initial Study.
I.
General. If the project is subject to the requirements of CEQA, Staff
shall conduct an Initial Study to determine if the project may have a
significant effect on the environment, unless Staff can determine that the
project will clearly have a significant effect. Even when it is clear from
the outset that a project may have a significant effect, staff may decide to
prepare an initial study to enable the applicant to modify a project to
mitigate adverse impacts or to assist the preparation of an EIR.
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Resolution Number fJ-.:z
Ory 01 Seal Beach CE'g,4 Gsddelines
NovemJnr, 1992
2. Purposes. The purposes of an initial study are to:
(a) Provide the lead agency with information to use as the basis for
deciding whether to prepare an EIR or Negative Declaration.
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(b) Enable an applicant or lead agency to modify a project, mitigating
adverse impacts before an EIR or Negative Declaration is
prepared.
(c) Assist the preparation of an EIR, if one is required, by:
(1) Focusing the EIR on the effects determined to be
significant,
(2) Identifying the effects determined not to be significant, and
(3) Explaining the ~sons for determining that potentially
significant effects would not be significant.
(d) Facilitate environmental assessment early in the design of a
project.
(e) Provide documentation of the factual basis for the finding in a
Negative Declaration that a project will not have a significant
effect on the environment.
(f) Eliminate unnecessary EIR's.
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(g) Determine whether a previously prepared EIR can be used for the
project or whether a tiered EIR focusing only on the aspects of the
project which were not adequately considered or mitigated in the
previously prepared EIR can be used for the project.
3. Early Consultation with Other Agencies and the ApplicanJ.
(a) As soon as it is determined that an initial study is to be prepared,
the Lead Agency shall consult informally with all responsible
agencies, trustee agencies, and agencies having jurisdiction by law
over the project to obtain recommendations as to whether an EIR
or a Negative Declaration should be prepared.
(b) The Lead Agency may also consult with the applicant during or
immediately after preparation of the Initial Study to detennine if
the applicant is willing to modify the project to reduce or avoid
any significant effects identified in the study.
I
(c) If a project is of statewide, regional, or -areawide significance
under the criteria of Exhibit K to these Guidelines, the Lead
Agency shall also consult with the Transportation Planning Group
of the Southern California Association of Governments (SCAG)
and transportation agencies as defined in Section I. B(14) of these
Guidelines. Any agency consulted under this subsection (c) which
provides information to the Lead Agency shall be notified of, and
provided copies of, environmental documents pertaining to the
project.
8
Resolution Number ~.. r:l.
QI)' tU Seal Beach CEQA GuUJeIiIlU
November, 1992
(d) A project may be revised in response to an Initial Study so that
potential adverse effects are eliminated or reduced to a point where
no significant environmental effects would occur. In that case, a
Negative Declaration shall be prepared instead of an EIR. The
mitigation should be in the form of changes in the project's plans
or a firm commitment in writing from the applicant to implement
the mitigation measures. If, however, the project would still result I
in one or more significant effects on the environment after mitiga-
tion measures are added to the project, an EIR shall be prepared.
If mitigation measures substantially change the project after public
notice of a proposed negative declaration has been given pursuant
to Section III.C of these Guidelines, the Lead Agency shall re-
notice the proposed negative declaration as revised pursuant to
Section III.C of these Guidelines.
4. Contents. The Initial Study shall contain the following information in
brief form:
(a) A description of the project including its location;
(b) An identification of the environmental setting;
(c) An identification of the environmental effects by use of a checklist;
(d) A discussion of ways to mitigate the significant effects identified,
if any;
(e)
An examination of whether the project is compatible with existing
zoning and plans;
I
(f) The name of the person or persons who prepared or participated
in the Initial Study.
An initial study form appears in Appendix B to these Guidelines.
D. Determination of De Minimis Exemption.
If the Lead Agency finds that, considering the record as a whole, a project
involves no potential for adverse effect, either individually or cumulatively, on
wildlife as defined in Section 711.2 of the Fish and Game Code, no fee is
required to be paid to the Department of Fish and Game.
1. Presumption of Adverse Effect. The Lead Agency must determine, on the
basis of the Initial Study and the checklist, which is provided at Appendix
B of these Guidelines, whether the proposed project mayor will result in
changes to the following resources: .
(a)
Riparian land, rivers, streams, watercourses, and wetlands under
state and federal jurisdiction;
I
(b) Native and non-native plant life and the soil required to sustain
habitat for fish and wildlife;
(c) Rare and unique plant life and ecological communities dependent
on plant life;
9
Resolution Number ~ -2,
Oty of S.al /kach CEf2A GllUleUrou
November, 1992
(d) Listed threatened and endangered plant and animals and the habitat
in which they are believed to reside;
(e)
All species of plants or animals listed as protected or identified for
special management in the Fish and Game Code, the Public
Resources Code, the Water Code, or regulations adopted
thereunder;
I
(f) All marine and terrestrial species subject ~ the jurisdiction of the
Department of Fish and Game ll!Id the ecological communities in
which they reside; and
(g) All air and water resources the degradation of which will,
individually or cumulatively, result in loss of biological diversity
among the plants and animals residing in that air and water.
If the proposed project mayor will result in changes to the specified
resources, a rebuttable presumption arises that the de minimis exemption
does not apply. This presumption may be rebutted if the Lead Agency
determines, on the basis of substantial evidence in the record, that the
project will not have a potential for adverse effect on fish and wildlife
resources or the habitat upon which the wildlife depends, notwithstanding
the changes to the resources listed above which gave rise to the
presumption.
I
2.
Rebwtal of Presumption. To claim a de minimis exemption the Lead
Agency shall make findings of fact which shall include the following
information:
(a) The name and address of the project proponent;
(b) A brief description of the project and its location, including
county;
(c) A statement that an initial study has been conducted by the Lead
Agency so as to evaluate the potential for adverse environmental
impact;
(d) A declaration that, when considering the record as a whole, there
is no evidence before the Lead Agency that the proposed project
will have potential for an adverse effect on wildlife resources or
the habitat upon which the wildlife depends; and
(e)
A declaration that the Lead Agency has, on the basis of substantial
evidence, rebutted the presumption of adv~ effect listed above,
and contained in Section 753.5(d) of Title 14 of the California
Code of Regulations or that no changes to the resources listed
above can be expected to occur and that therefore, the presumption
does not arise.
I
3. Certification of Fee Exemption. The Lead Agency, at the time it approves
or determines to carry out a project subject to CEQA, must complete, if
appropriate, a Certificate of Fee Exemption and adopt the findings of fact
set forth above at 11.0.(2). The chief planning official must certify the
contents of the Certificate of Fee Exemption. A form of Certificate of
Fee Exemption appears at Appendix P of these Guidelines.
10
Resolution Number ?:?-~
Oty of Seallkach CEQA GuUUli""s
November. 1992
Upon certification of the contents of the Certificate of Fee Exemption by
the chief planning official, the Lead Agency shall retain the original
Certificate as part of the environmental record, and submit two copies of
the Certificate to the county clerk at the time of filing its Notice of
Determination.
E.
Detennination Whether an EIR Is Required.
I
The determination whether an EIR is required or a Negative Declaration should
be prepared for the project shall be made within thirty (30) days after an applica-
tion is accepted as complete. This period may be extended up to 15 days upon
consent of the applicant. Exhibit N illustrates the time limits discussed in these
Guidelines.
m. THE NEGATIVE DECLARATION PROCESS.
A. Decision to Prepare a Negative Declaration.
A proposed Negative Declaration shall be prepared for a project subject 1,0 CEQA
when either:
1.
The initial study shows that there is no substantial evidence that the
project may have a significant effect on the environment, or
2.
The initial study identified potentially significant effects but:
I
(a) Revisions in the project plans or proposals made by or agreed to
by the applicant before the proposed Negative Declaration is
released for public review would avoid the effects or mitigate the
effects to a point where clearly no significant effect would occur,
and
(b) There is no substantial evidence before the Lead Agency that the
project as revised may have a significant effect on the
environment.
Appendix I lists circumstances in which a project will normally be considered to
have a significant effect on the environment. Section I.B(13) of these Guidelines
defines circumstances in which a project shall be found to have significant
environmental effects and in which an EIR shall be prepared.
B. Contents.
A Negative Declaration shall be written and include:
I
1. A brief description of the project as proposed, including a commonly used
name for the project, if any;
2. The location of the project and the name of the project proponent;
11
Resolution Number ?..:z-e2.
.
Oty of Seal Ikadr CEQA GlddeliMS
November. 1992
3. A finding that the project will not have a significant effect on the
environment;
4. An attached copy of the Initial Study documenting reasons to support the
fmding;
I
5.
Mitigation measures, if any, included in the project to avoid potentially
significant effects; and
6. If the project site is on any list of sites affected by hazardous waste and
substances compiled pursuant to section 65962.5 of the Government Code,
the Lead Agency shall specify the list and include the information required
by the statement set forth in Section 65962.5(t) of the Government Code.
The Lead Agency may do so by completing the Hazardous Waste and
Substances Statement included in Appendix B to these Guidelines, and
affixing the statement to the negative declaration.
A form for Negative Declarations appears in Exhibit H to these Guidelines.
C. Public Notice.
Notice that the Lead Agency proposes to adopt a Negative Declaration shall be
provided prior to its final approval to all organizations and individuals who have
previously requested such notice and shall also be given to the public by at least
one of the following procedures:
"I
1.
Publication at least one time, as required by Section 6061 of the
Government Code, in a newspaper of general circulation in the area
affected by the proposed project; or
2. Posting of notice on- and off-site in the area where the project is to be
located; or
3. Direct mailing to owners and occupants of property contiguous to the
project, as shown on the latest equalized assessment roll.
Public Notice of the proposed Negative Declaration may be given at the same
time and in the same manner as public notice of the project required by any other
law. Notice shall be filed with the County Clerk of the county or counties in
which the project will be located at least twenty-one (21) days before the negative
declaration is to be adopted or at least thirty (30) days if the negative declaration
is required to be submitted to the State Clearinghouse. The County Clerk will
post the Notice for thirty (30) days before returning the Notice to the Lead
Agency. This Notice should be retained in the environmental record for the
project.
A public notice form appears in Exhibit H to these Guidelines.
-I
D. Public Review Period.
The proposed Negative Declaration shall be made available to the public for at
least twenty-one (21) days from the date that the notice is published, posted, or
mailed prior to final approval in order to provide an opportunity for members of
the public to respond to the finding. This public review period shall be at least
12
Resolution Number f;?...,;2
Cir, Df Seallkach CEQA GuideUnu
NDvember, 1992
thirty (30) days where State Clearinghouse review is involved, pursuant to
subsection (F) below, unless a shorter period is approved by the State
Clearinghouse.
E.
Review by Other Public Agencies..
1. The Lead Agency shall consult with all Responsible Agencies, Trustee
Agencies, and agencies having jurisdiction by law over the project prior
to approving the Negative Declaration, and a copy of the public notice and
proposed Negative Declaration shall be sent to all such agencies. Further,
pursuant to Section 21092.5(b) of the Public Resources Code, the Lead
Agency shall notify any other Public Agency which comments on the
Negative Declaration within the comment periods specified by CEQA, by
providing a copy of the public notice and proposed Negative Declaration
to that agency.
2. If a project involves the construction or alteration of a facility within one-
fourth (1.4) of a mile of a school which project might reasonably be
anticipated to emit hazardous or acutely hazardous air emissions, or which
would handle acutely hazardous material or a mixture containing acutely
hazardous material in a quantity equal to or greater than the quantity
specified in subdivision (a) of Section 25536 of the Health and Safety
Code, which may pose a health or safety hazard to persons who would
attend or would be employed at the school, then the Lead Agency shall:
(a)
Provide the relevant school district with written notice of the
project not less than thirty (30) days prior to approval of the
Negative Declaration; and
(b) Consult with that district regarding the potential impact of the
project on the schOOl.
3. For purposes of paragraph (2) above, the terms "acutely hazardous
material" and "hazardous air emissions" shall have the meanings attributed
to them by Section 21151.8(c) of the Public Resources Code.
F. Review of Projects of Statewide, Regional, or Areawide
Significance.
1. If a project is determined to be of statewide, regional or areawide
significance, pursuant to the criteria in Appendix K of these Guidelines,
the Negative Declaration shall be submitted to the State Clearinghouse, the
Transportation Planning Group of SCAG and transportation agencies as
defined in Section I.B(14) of these Guidelines. Negative Declarations for
such projects should be submitted to the Southern California Association
of Governments (SCAG) for review and comment.
2.
If one or more state agencies is a Responsible Agency or Trustee Agency
or possesses jurisdiction by law over the project, the Negative Declaration
shall be submitted to the State Clearinghouse for distribution .to those
agencies.
13
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G.
I
H.
I.
I
I
Resolution Number ?,2 -~
O'ty of Seal Beach CEQ,4 GuUUUne.
November, 1992
Finol Approval/Finding.
Prior to approving the project, the decision-making body shall independently
review and analyze the Negative Declaration and any comments received during
the public review period and approve or disapprove the Negative Declaration.
The Lead Agency shall not adopt a negative declaration unless it finds that the
negative declaration reflects the independent judgment of the Lead Agency.
Where mitigation measures eliminating significant effects are incorporated into
the project, the Lead Agency shall approve a Negative Declaration and make a
finding that the project as approved will not have a significant effect on the
environment. If mitigation measures substantially change the project after public
notice of a proposed negative declaration has been given pursuant to Section m.c
of these Guidelines, the Lead Agency shall re-notice the proposed negative
declaration as revised pursuant to Section III. C of these Guidelines.
Appeal of Final Approval.
Approval of a Negative Declaration by the Planning Director may be appealed in
writing to the Planning Commission within ten (10) days of the decision.
Approval of a Negative Declaration by the Planning Commission may be appealed
in writing to the City Council within ten (10) days of the decision. An appeal fee
will be required in either case pursuant to Section I.F(4) of these Guidelines.
Notice of Detennination.
After deciding to carry out or approve a project for which a Negative Declaration
has been approved, the Lead Agency shall file a Notice of Determination, as
provided in Section V.C of these Guidelines.
J. Time Limit.
For a private development project involving a lease, license, permit, certificate
or other entitlement for use, a Negative Declaration shall be completed within 105
days from the day the application is determined to be complete and the project
shall be approved or disapproved within six (6) months from that date. A
reasonable extension may be granted upon consent of the applicant. Appendix N
illustrates the time limits discussed in these Guidelines.
K.
Mitigation Monitoring.
If the Lead Agency has conditioned approval of a project for which a Negative
Declaration has been prepared upon the implementation of measures to mitigate
potential adverse environmental effects or if such mitigation measures were
incorporated into the project as a result of the initial study, the Lead Agency shall
adopt a reporting or monitoring program pursuant to Part VI of these Guidelines.
14
Resolution Number 9.2-.2
0Iy of ~allkach CEQA GllUklines
November, 1992
IV. THE EIR PROCESS.
A. Decision to Prepare an EIR.
If the Lead Agency finds after an Initial Study, and despite any mitigation
measures implemented under Section n or m of these Guidelines, that the
project may have a significant effect on the environment, the Lead Agency
shall prepare or cause to be prepared an Environmental Impact Report.
2. In addition, and by way of explanation, an EIR should be prepared
whenever it can be fairly argued on the basis of substantial evidence that
the project may have a significant effect on the environment, The
existence of a public controversy over the environmental effects of a
project shall not require preparation of an environmental impact report if
there is no substantial evidence before the agency that the project may
have a significant effect on the environment.
1.
3. The Lead Agency shall prepare or cause to be prepared by contract, and
certify the completion of, an EIR, or if appropriate, a modification,
addendum, or supplement to an existing EIR, for any project involving
any of the following, unless an exemption exists under Section 21151.1
of the Public Resources Code:
I
(a) The burning of municipal wastes, hazardous wastes, or refuse-
derived fuel, including, but not limited to tires, if the project is
either construction of a new facility, or the expansion of an I
existing facility which bums hazardous waste which would increase
its permitted capacity by more than 10 percent;
(b) The issuance of a hazardous waste facilities permit to a "land
disposal facility., as that term is defined in Section 25199. 1 (d) of
the Health and Safety Code;
(c) The issuance of a hazardous waste facilities permit pursuant to
Section 25200 of the Health And Safety Code, to an "offsite large
treatment facility', as that term is defined in Section 25205. 1 (d) of
the Health and Safety Code and Section 21151. 1 (g) of the Public
Resources Code; and
(d) An open-pit mining operation which is subject to the permit
requirements of the Surface Mining and Reclamation Act of 1975
and utilizes a cyanide heap-leaching process for the purpose of
producing gold or other precious metals.
B. Preparation of the Draft EIR.
1.
Notice of Preparation. Upon deciding that an EIR is required, the Lead
Agency shall issue a Notice of Preparation, pursuant to Section V.A of
these Guidelines. The agencies notified shall have thirty (30) days in
which to respond to the Notice and a draft EIR may not be circulated for
public review until that time has elapsed. If an agency does not respond
within this thirty (30) day period, the. Lead Agency may assume that
agency has no response and may ignore a late response.
15
.1
-Resolution Number ~~
.
Oty D/ Seal Beach CEllA GrJideUIlU
No~r. 1992
2.
Early Consultation. Prior to completing a draft EIR, the Lead Agency
may consult with any persons or organizations it believes may be
concerned with the environmental effects of the project. The Lead
Agency shall consult with an expert designated by the applicant for a
private development project provided that the applicant requests such
consultation within thirty (30) days of the decision to require an EIR and
pays for the cost of such consultation.
.1
3. Means of Preparation:
(a) The Lead Agency may choose one of the following arrangements
or a combination of them for preparing a draft EIR.
(1) Preparing the draft EIR directly, with its own staff.
(2) Contracting with another entity, public or private, to
prepare the draft EIR.
(3) Using an EIR previously certified by a public agency.
I
(b) Before using a draft EIR prepared by another person, the Lead
Agency shall independently review and analyze the draft EIR, and
shall not approve the release, circulation, or use of the Draft EIR
unless it determines that the draft reflects the independent
judgment of the Lead Agency. The Lead Agency is responsible
for the adequacy and objectivity of the draft EIR.
If the Lead Agency chooses to prepare the draft EIR pursuant to
Section IV.B.(3)(a)(2) of these Guidelines, then the applicant shall
make payment to the Lead Agency in order to defray the estimated
reasonable costs to evaluate or prepare the Draft EIR; the applicant
shall not make direct payment to the contractor who is to prepare
the Draft EIR. (See Government Code Section 87103.6.)
(c)
4. Fonnat:
(a) An EIR shall contain a table of contents or an index to assist
readers in finding the analysis of different subjects and issues.
(b) An EIR shall contain a brief summary of the proposed actions and
their consequences, which should not exceed 15 pages and which
shall identify:
(1) Each significant effect with proposed mitigation measures
and alternatives that would reduce or avoid that effect;
(2) Areas of controversy known to the Lead Agency including
issues raised by agencies and the public; and
I
(3) Issues to be resolved including the choice among
alternatives and whether or how to mitigate the significant
effects.
(c) The inform!ltion contained in an EIR shall include summarized
technical data, maps, plot plans, diagrams, and similar relevant
information sufficient to permit full assessment of significant
environmental impacts. Highly specialized and technical data,
16
Resolution Number 9t2 ~;z.
City of kfll &ach a'QA Gldd4Unu
November, 1992
however, should be included in appendices rather than in the main
body of the report.
(d) The EIR should be prepared using a systematic, interdisciplinary
analysis, but no single discipline shall be designated or required to
undertake this evaluation.
,I
(e) The EIR shall reference all documents used in its preparation and
can incorporate any document by reference. The EIR shall state
where an incorporated document will be available for inspection.
(f) An EIR prepared for a general or specific plan or zoning ordinance
may be used as the foundation document for subsequent EIR's
prepared for specific projects within the geographic area covered
by the plan or ordinance.
5, COn/en/so A Draft EIR should be less than 150 pages in most cases
and shall contain the following information:
(a) Description of Proiect. A description of the project including the
following information but only in sufficient detail to allow
evaluation and review of the environmental impact:
(1) The precise location and boundaries of the proposed project
on a detailed map, preferably topographic. The location of
the project shall also appear on a regional map.
(2) A statement of the objectives sought by the proposed I
project.
(3) A general description of the project's technical, economic,
and environmental characteristics, considering the principal
engineering proposals, if any, and supporting public service
facilities.
(4) A statement describing the intended uses of the EIR,
including a list of agencies expected to use the EIR, a list
of the approvals for which the EIR will be used, and all
decisions on the project subject to CEQA.
(5) If the project site is on any list of sites affected by
hazardous waste and substances compiled pursuant to
section 65962.5 of the Government Code, then the Lead
Agency shall specify the list and include the information
required by the statement set forth in Section 65962.5(f) of
the Government Code. The Lead Agency may do so by
completing the Hazardous Waste and Substances Statement
included in Appendix B to these Guidelines, and affixing
the statement to the EIR.
I.
(b) Description of Environmental Setting. A description of the
environment in the vicinity of the project, as it exists before
commencement of the project, from both a local and regional
perspective. Special emphasis should be placed on environmental
resources that are rare or unique to that region and would be
affected by the project. The EIR shall discuss any inconsistencies
17
Resolution Number 51;?-;:.t
Oly of ~1Il Beach a/2A Guidelines
November, 1992
between the proposed project and applicable general and regional
plans. .
(c)
Cumulative ImDacts. Cumulative impacts shall be discussed when
they are significant. The discussion of cumulative impacts shall
reflect the severity of the impacts and their likelihood of
occurrence, but the discussion need not provide as great detail as
is provided of the effects attributable to the project alone. The
discussion should be guided by the standards of practicality and
reasonableness.
I
The following elements are necessary to an adequate discussion of
cumulative impacts:
(1) Either:
[a] A list of past, present, and reasonably anticipated
future projects producing related or cumulative
impacts, inCluding those projects outside the control
of the Lead Agency. or
[b] A summary of projections contained in an adopted
general plan or related planning document which is
designed to evaluate regional or areawide
conditions. Any such planning document shall be
referenced and made available to the public at a
location specified by the lead agency; and
I.
(2) A summary of the expected environmental effects to be
produced by those projects with specific reference to
additional information stating where that information is
available, and
(3) A reasonable analysis of the cumulative impacts of the
relevant projects. An EIR shall examine reasonable options
for mitigating or avoiding any significant cumulative effects
of a proposed project.
I
(d) Environmental Impact. All phases of a project shall be considered
when evaluating its impact on the environment: planning, acquisi-
tion, development, and operation. The following subjects shall be
discussed, preferably in separate sections or paragraphs. The
information required by subparagraphs 7 and 8, however, need be
included only in EIR's prepared for the following: the adoption,
amendment, or enactment of a plan, policy, or ordinance of a
public agency; the adoption by a local agency formation
commission of a resolution making determinations; or, a project
requiring an Environmental Impact Statement under the National
Environmental Policy Act of 1969.
(1) The significant environmental effects of the proposed
project, including direct and indirect and short- and long-
term effects. A copy of the Initial Study shall be attached
to the EIR to provide the basis for limiting the impacts
discussed.
18
Resolution Number $7~-~
.
Oty of Seal Beach aQA GuideUnu
November, 1992
(2) Any significant environmental effects which cannot be
avoided if the proposal is implemented, including those
which can be mitigated but not reduced to an insignificant
level, and the reasons why the project is proposed
notwithstanding these impacts.
(3)
(4)
Mitigation measures proposed to minimize the significant
effects including avoidable, adverse impacts, and any
inefficient and unnecessary consumption of energy. This
discussion shall identify mitigation measures which will
eliminate such impacts or reduce them to a level of
insignificance. Where several measures are available to
mitigate an impact, each should be discussed and the basis
for selecting a particular measure should be given. Energy
conservation measures, examples of which are given in
Appendix J of these Guidelines, shall be discussed when
relevant. lfa miligation measure would cause one or more
significant impacts in addition to those which would be
caused by the project as proposed, these shall be discussed,
but in less detail than the effects of the project as proposed.
Housing, economic, and social factors shall be considered
in deciding whether changes in a project are feasible to
reduce or avoid significant impacts. With respect to a
project which includes housing development, the Lead
Agency shall not reduce the proposed number of housing
units as a mitigation measure if it determines that there is
another feasible specific mitigation measure available that
will provide a comparable level of mitigation.
(5)
Archaeological impacts shall be considered and should be
avoided or mitigated as set forth in Appendix L to these
Guidelines.
(6) Alternatives to the proposed action including a range of
reasonable alternatives to the project, or to the location of
the project, which could feasibly attain the basic objectives
of the project, and why they were rejected in favor of the
ultimate choice. The specific alternative of "no project"
shall also be evaluated, along with its impact. The
discussion shall focus on alternatives capable of eliminating
or reducing significant adverse environmental effects. If
the "no project" alternative is environmentally superior, the
EIR shall identify an environmentally superior alternative
among the other alternatives.
(1)
The relationship between local short- term uses of man's
environmental and the maintenance and enhancement of
long-term productivity, including the cumulative and long-
term effects of the proposed project which adversely affect
the state of the environment. In addition, the reasons why
the proposed project is believed by the proponent to be
justified now, rather than reserving an option for further
alternatives, should be explained.
(8) Any significant irreversible environmental changes which
would be involved if the proposed action is implemented,
19
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I
Resolution Number fJ2 .....:z
Oty oj Seal Beach CE/2A Cirddeline.
November, 1992
including uses of nonrenewable resources and irreversible
commitments of resources, should be evaluated to assure
proposed consumption is justified.
I
(9) The growth-inducing impact of the proposed action,
including the ways in which the proposed project could
foster economic or population growth, either directly or in-
directly, in the surrounding environment.
(10) A statement briefly indicating the reasons that various
possible significant effects of a project were determined not
to be significant.
(e) Organizations and Persons Consulted. The identity of all federal,
state, or local agencies, other organizations and private individuals
consulted in preparing the EIR, and the identity of the persons,
firm, or agency which prepared the EIR.
C. Public Review of Draft EIR.
1. Consultation.
(a)
After completing a Draft EIR, the Lead Agency shall consult with
and request comments from all Responsible Agencies, Trustee
Agencies, and other agencies having jurisdiction by law with
respect to the project. The Lead Agency shall also consult with
any city or county which borders on a city or county within which
the project is located, unless the Lead Agency and the city or
county otherwise designate annually by agreement. The Lead
Agency may also consult with persons or agencies which have
special expertise with respect to any environmental impact
involved.
I
(b) If a project involves the construction or alteration of a facility
within a quarter mile of a public school and which project might
reasonably be anticipated to emit hazardous or acutely hazardous
air emission, or which would handle acutely hazardous material or
a mixture containing acutely hazardous material in a quantity equal
to or greater than the quantity specified in subdivision (a) of
Section 25536 of the Health and Safety Code, which may pose a
health or safety hazard to persons who would attend or would be
employed at the school, the Lead Agency shall:
(1) Provide the relevant school district with written notice of
the project not less than thirty (30) days prior to
certification of the EIR; and
I
(2) Consult with that district regarding the potential impact of
the project on the school.
(c) For purposes of paragraph (2) above, the terms "acutely hazardous
material" and "hazardous air emissions" shall have the meanings
attributed to them by Section 21151. 8( c) of the Public Resources
Code.
20
Resolution Number ~-;2
2.
Oty 01 $eoJ Ikach CEQA GlliiUlinu
November, 1992
Notice. The Lead Agency shall provide public notice of the availability
of the Draft EIR and at the same time send a Notice of Completion to the
Office of Planning and Research (OPR) pursuant to Section V.B of these
Guidelines. Notice shall be given to all organizations and individuals who
have previously requested such notice and shall also be given by at least
one of the following procedures:
I
(a) Publication at least once in a newspaper of general circulation in
the area affected by the project; or
(b) Posting of notice on- and off-site in the area where the project will
be located; or
(c) Direct mailing to owners of property contiguous to the project site.
Notice shall be filed with the County Clerk of the county or counties in
which the project will be located., The County Clerk will post the Notice
for thirty (30) days before returning the Notice to the Lead Agency. This
Notice should be retained in the environmental record for the project.
3.
Public Review Period. In order to allow sufficient opportunity for public
comment, the Draft EIR shall be made available to the public for at least
thirty (30), but no more than ninety (90), days after notice of completion
is given. EIR's submitted to the State Clearinghouse shall be available for
public review for at least forty-five (45) days, unless a shorter period is
authorized by OPR. A Draft EIR shall be made available for review in
a public area in the City Hall, in the Planning Department of the City of
Seal Beach, and in a public library in the City.
I
4.
Projects of Statewide, Regional, or Areawide Significance. The Lead
Agency shall use the State Clearinghouse whenever it distributes an EIR
to state agencies for review. EIR's prepared for projects deemed to be of
statewide, regional, or areawide significance under the criteria set forth
in Appendix K shall be submitted to the State Clearinghouse, the
Transportation Planning Group of SCAG, and .transportation agencies as
defined in Section I.B(12) of these Guidelines, and the Southern California
Association of Governments (SCAG).
5. Revised Drafts. If significant new information is added to a draft EIR
after public notice and after consultation with other agencies, but before
certification of the final EIR, new notice and consultation under subpara-
graphs (1) through (4) of this paragraph shall be required.
D. Evaluation of Comments by Lead Agency.
Staff shall evaluate comments on environmental issues reCeived from persons,
organizations, and public agencies who reviewed the Draft EIR and shall respond
in writing to significant environmental issues raised. At least 10 days prior to I
certifying an EIR, the Lead Agency must provide written proposed responses to
public agencies on timely comments made by those agencies. The response may
be in the form of a revision of the Draft EIR or an attachment to it.
21
Resolution Number 9..1'-...e
.
Ory Df Seal &JJCh CEQA GuUlelinu
NDwmbe" 1992
E. The Final EIR.
1. Preparation. The Lead Agency shall prepare a Final ElR consisting of:
I
(a) The Draft ElR or a revision of the Draft;
(b) Comments on the Draft ElR received during the public review
period either vetbatim or in summary;
(c) A list of persons, organizations, and public agencies commenting
on the Draft ElR; and
(d) The responses of the Lead Agency to significant environmental
points raised in the review and consultation process, which may be
in the form of a revision of the Draft ElR or an attachment to it.
Any comments raising. major issues at variance to the Lead
Agency's position shall be addressed in detail, including reasons
why they were not accepted.
2.
Cenification. The Final ElR shall be presented for review and
consideration to the decision-making body of the Lead Agency. Prior to
approving a project for which an ElR was prepared, the Lead Agency
shall certify that the Final ElR has been completed in compliance with
CEQA and the State Guidelines, that the decision-making body or
administrative official having final approval authority over the project has
reviewed and considered the information contained in the ElR prior to
approving the project, and that the ElR reflects the independent judgment
of the Lead Agency. Staff may make this certification. If the Lead
Agency cannot make this required certification, it may not approve this
project at this time.
I
3. Time Limits.
(a) For a private development project involving a lease, license,
permit, certificate, or other entitlement for use, the Lead Agency
shall complete and certify an ElR within one year from the date on
which the application was determined to be complete. If circum-
stances justify more time, a reasonable extension may be granted
upon consent of the applicant.
I
(b) If no extension of time to certify an EIR is granted, the project
shall also be approved or disapproved within one year from the
date the application was determined to be complete. If an exten-
sion of time to certify an ElR is granted, however, the project
shall be approved or disapproved within ninety (90) days after the
certification of the ElR, unless the applicant consents to a further
extension not to exceed an additional ninety (90) days. However,
whether or not an extension of time to certify an EIR is granted,
a tentative subdivision map shall be approved or disapproved by
the Planning Commission within fifty (50) days of the certification
of an ElR, unless the applicant consents to a later decision.
Appendix N illustrates the time limits discussed in these Guidelines.
22
Resolution Number '1c?~ .;z
Oly of Seal Beach CEQA GIIUh/i"".
November. 1992
F. Decision Whether to Approve or Carry Out the Project.
The Lead Agency shall review and consider the Final EIR before deciding
whether to approve or carry out the project and shall not decide to approve or
carry out a project for which an EIR was prepared unless either:
1.
The project as approved will not have a significant effect on the
environment, or
I
2. The Lead Agency has:
(a) Eliminated or substantially reduced all significant effects on the
environment, where feasible, as shown in findings pursuant to
Section IV.G of these Guidelines; and
(b) Determined that any remaining significant effects on the
environment found to ~ unavoidable are acceptable due to
overriding concerns set forth pursuant to Section IV.H of these
Guidelines.
G. Findings.
1. The Lead Agency shall not approve or carry out a project for which an
EIR has been completed which identifies one or more significant
environmental effects unless the decision-making body makes one or more
of the written findings listed below, which shall be supported by
substantial evidence in the record:
(a)
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects thereof as identified in the Final EIR.
I
(b) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the ilgency making
the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency. This
finding shall not be made if the Lead Agency has concurrent
jurisdiction with another agency to deal with identified, feasible
mitigation measures or alternatives. .
(c) Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the
Final EIR.
One or more of the ahove findings shall be made for each of the
significant effects identifi,~, and each such finding shall be accompanied
by a statement of facts supporting it.
2.
The Lead Agency shall not approve or carry out a projed for which an
EIR has been completed without making a finding as to why each of the
project alternatives identified in the EIR pursuant to Section IV .B(S)(d)(6)
of these Guidelines was rejected in favor of the project as approved.
1
23
Resolution Number ~~
.
Oty of &01 BelICh CEQA Guideli"".
November, 1992
H.
Statement of Overriding Considerations.
I
Where the decision to approve a project allows the occurrence of significant
effects which are identified in the Final EIR, but which are not mitigated (as may
be the case when fmdings are made pursuant to Section IV.G(I)(b) and (c)
above), the decision-making body shall make a written statement of the overriding
considerations supporting its decision, based on the Final EIR and other
information in the record. Any such statement should be included in the record
of the project and noted in the Notice of Determination.
I.
Appeal of Certification.
Certification of an EIR by the Planning Director may be appealed in writing to
the Plarming Commission within ten (10) days of the decision. Certification of
an EIR by the Planning Commission may be appealed in writing to the City
Council within ten (10) days of the decis~on. An appeal fee is required in either
case pursuant to Section I.F(4) of these Guidelines.
J. Notice of Detennination.
Upon approval of a project for which an EIR has been certified, the Lead Agency
shall file a Notice of Determination, as provided in Section V.C of these
guidelines.
I
K. Mitigation Monitoring.
If the Lead Agency has made findings under Section IV.G(I) above, the Lead
Agency shall adopt a reporting or monitoring program pursuant to Part VI of
these Guidelines.
L. Subsequent EIRs, Supplements and Addenda to EIRs.
1. Subsequent EIR. Where an EIR or negative declaration has been
prepared, no additional EIR need be prepared unless:
(a) Subsequent changes are proposed in the project which will require
important revisions of the previous EIR or negative declaration due
to the involvement of new significant environmental impacts not
previously considered;
I
(b) Substantial changes occur with respect to the circumstances under
which the project is undertaken which ~ill require important
revisions in the previous EIR or negative declaration due to the
involvement of new significant environmental impacts not
previously covered; or
(c) New information of substantial importance to the project becomes
available, and this information was not known and could not have
been known at the time the previous EIR was certified as complete
or the negative declaration was adopted. The new information
must show any of the following:
24
.
Resolution Number ~d?-~
Oty of Seal Beach CEQA GllidelirJlls
November, 1992
(1) The project will have one or more significant effects not
discussed previously in the EIR;
(2) Significant effects previously examined will be substantially
more severe than shown in the EIR;
(3) Mitigation measures or alternatives previously found not to I
be feasible would in fact be feasible and would
substantially reduce one or more significant effects; or
(4) Mitigation measures or alternatives which were not
previously considered in the EIR would substantially lessen
one or more significant effects on the environment.
2. Supplement to an EIR.
(a) The Lead or Responsible Agency may choose to prepare a
supplement to an EIR rather than a subsequent EIR if any of the
conditions described in IV.L.(l) above, would require the
preparation of a subsequent EIR, and only minor additions or
changes are necessary to make the previous EIR adequately apply
to the project in the changed situation.
(b) The supplement to the EIR need contain only the information
necessary to make the previous EIR adequate for the project as
revised.
(c) A supplement to an EIR shall be given the same kind of notice and I
public review as is given to a draft EIR under IV .C. A
supplement to an ElR may be circulated by itself without
recirculating the previous draft or final EIR.
(d) When the Agency decides whether to approve the project, the
decision making body shall consider the previous EIR as revised by
the supplemental EIR. A finding under IV.G. shall be made for
each significant effect shown in the previous EIR as revised.
3. Addendum to an EIR.
(a) The Lead Agency or a Responsible Agency shall prepare an
addendum to an ElR if none of the conditions described in
IV .L.(I) have occurred, only minor technical changes or additions
are necessary to make the EIR adequate under CEQA, and the
changes to the EIR made by the addendum do not raise important
new issues about the significant effects on the environment. An
addendum need not be circulated but may be included in or
attached to the final EIR. The decision making body shall consider
the addendum with the final EIR prior to making a decision on the
project.
(b) When significant new information is added to an EIR after notice
has been given pursuant to IV.C(2) above and consultation has
occurred pursuant to IV .C(I), but prior to certification, the Lead
Agency shall give notice again pursuant to IV.C(2) and consult
again pursuant to IV.C(I) before certifying the EIR.
I
2S
.
Re~olution Number ~~-~
Oty of Seal Bed CE{JA Guidelinn
November, 1992
V. FlLlNGS REQUIRED BY CEQA.
A. Notice of Preparation.
1
1. Immediately after deciding that an EIR is required for a project, the Lead
Agency shall, by certified mail or other method which provides a record,
send each Responsible Agency, Trustee Agency, agencies which provided
information to the Lead Agency after consultation pursuant to Section
n.C(3)(c) of these Guidelines, and agencies possessing jurisdiction by law
with regard to the project, a Notice of Preparation stating that an EIR will
be prepared. This Notice shall also be sent to every federal agency
involved in approval or funding of the project. When one or more state
agencies will be a responsible agency or a trustee agency, the lead agency
shall send a Notice of Preparatjon to each state responsible agency and
each trustee agency with a copy to the State Clearinghouse in the Office
of Planning and Research. The Notice shall include the description and
location of the project (by address or map) and the probable environmental
effects of the project. The form for this Notice is provided in Appendix
E of these Guidelines.
If the project site or any alternative site is on any list of sites affected by
hazardous waste and substances compiled pursuant to section 65962.5 of
the Government Code, the Lead Agency shall specify the list and include
the information required by the statement set forth in Section 65962.5(f)
I of the Government Code. The Lead Agency may do so by completing the
Hazardous Waste and Substances Statement included in Appendix B to
these Guidelines, and affixing the statement to the Notice of Preparation.
2. A Notice of Preparation shall be provided prior to the certification of an
EIR to all organizations and individuals who have previously requested
such notice.
3. The Notice of Preparation shall be filed with the County Clerk of the
county or counties in which the project will be located. The County Clerk
will post the Notice for thirty (30) days before returning the Notice to the
Lead Agency. The Notice should then be retained in the records of the
Lead Agency until 180 days after the project is approved or disapproved
by the Lead Agency. A copy of the Notice of Preparation shall also be
provided to agencies which provided information to the Lead Agency after
consultation pursuant to Section II.C(3)(c) of these Guidelines.
B. Notice of Completion.
1. When the Draft EIR is completed, a Notice of Completion shall be filed
I with the Office of Planning and Research. The Notice shall include a
brief description of the project, its proposed location, an address where
copies of the EIR are available, and the period during which comments
will be received. A form for this Notice is provided in Appendix F of
these .Guidelines.
2. A Notice of Completion shall be provided prior to the certification of an
EIR to all organizations and individuals who have previously requested
26
Resolution Number ?-:? -~
c.
at)' of Seal Stach CEQA Guidelines
November, 1992
such notice and shall also be given to the public by at least one of the
following procedures:
(a) Publication at least one time as required by Section 6061 of the
Government Code in a newspaper of general circulation in the area
affected by the proposed project; or
I
(b) Posting of public notice on- and off-site in the area where the
project is to be located; or
(c) Direct mailing to owners and occupants of property contiguous to
the project, as shown on the latest equalized assessment roll.
Public Notice of the proposed EIR may be given at the same time and in
the same manner as public notice of the project required by any other law.
Notice of Completion and Public Notice forms appear in Appendix F to
these Guidelines. -
3. The Notice of Completion shall be filed with the County Clerk of the
county or counties in which the project will be located. The County Clerk
will post the Notice for thirty (30) days before returning the Notice to the
Lead Agency. The Notice should then be retained in the records of the
Lead Agency until 180 days after the project is approved or disapproved
by the Lead Agency. A copy of the Notice of Completion shall also be
provided to agencies which provided information to the Lead Agency after
consultation pursuant to Section II.C(3)(c) of these Guidelines.
Notice of Determination.
I
1. For a Negative Declaration: If the Lead Agency approves a project for
which a Negative Declaration has been prepared, the Lead Agency shall
file a Notice of Determination which shall include:
(a) An identification of the project including its common name where
possible and its location;
(b) A brief description of the project;
(c) The date on which the project was approved;
(d) The determination that the project will not have a significant effect
on the environment;
(e) A statement that a Negative Declaration has been prepared
pursuant to the provisions of CEQA; and
(f)
The address where a copy of the Negative Declaration may be
examined.
I
2. For an EIR: If the Lead Agency approves a project for which an EIR has
been prepared, the Lead Agency shall file a Notice of Determination
which shall include:
(a) An identification of the project including its common name where
possible and its location;
27
Resolution Number ~-02
.
Oly of Seol &ach aQA GuUkli.s
November, /992
(b) A brief description of the project;
(c) The date the project was approved;
I
(d) The determination whether the project as approved will have a
significant effect on the environment.
(e) A statement that an EIR was prepared and certified pursuant to the
provisions of CEQA;
(f) Whether mitigation measures were made a condition of the
approval of the project;
(g) Whether findings regarding significant environmental effects were
made pursuant to paragraph IV.G of these guidelines;
(h) Whether a statement of overriding considerations was adopted for
the project; and
(i) The address where a copy of the EIR and the record of project
approval may be examined.
3.
Filing of Notice of Determi1UJtion. The above Notices of Determination
shall be filed with the County Clerk of the county or counties in which the
project would be located within five (S) working days of approval of a
project. The County Clerk will post the Notice for thirty (30) days. The
County Clerk will return the Notice with a notation showing the dates of
posting and it should be retained by the Lead Agency for at least nine (9)
months. A copy of the Notice of Determination and the EIR or Negative
Declaration shall also be mailed to agencies which provided information
to the Lead Agency after consultation pursuant to Section II.C(3)(c) of
these Guidelines. If the project requires discretionary approval from a
state agency, the Notice shall also be filed with the Office of Planning and
Research. A form for the Notice of Determination is provided in
Appendix G of these Guidelines.
I
4. StaJute of LimitaJions. The filing of the Notice of Determination
with the County Clerk starts a thirty (30) day statute of limitations on
court challenges to the Lead Agency's approval under CEQA. (Public
Resources Code G21167.) Failure to file a notice of determination will
result in ,a larger statute of limitations.
5. Distribution of Notice of Determi1UJtion. The Notice of Determination
shall be provided to all organizations and individuals who have previously
requested such notice.
6.
Notice of Determi1UJtion -- Fees. Each project proponent shall remit to
the county clerk on or before the filing of the Notice of Detennination,
the fee required under section I.F(S) of these Guidelines.
I
28
Resolution Number ~~- ~
Ory of ~tJl Beach CEQA Guidelines
November, 1992
VI. MITIGATION MONITORING
A. Program to Insure Compliance.
If a reporting or monitoring program is required under Section m.K or I
Section IV.K of these Guidelines, the program shall be designed to ensure .
compliance with mitigation requirements during the implementation of the project.
A reporting or monitoring program may include reporting obligations imposed on
the applicant, monitoring by the Lead Agency as an aspect of routine inspection
and regulatory enforcement activities of the Lead Agency or some other agency,
and monitoring by the Lead Agency or some other agency specifically to enforce
the mitigation measures imposed on the project.
B. Measures Requested by State and Federal Agencies.
If mitigation measures are requested by an agency having jurisdiction by law with
respect to the project, the Lead Agency may request the agency having jurisdic-
tion by law to prepare a reporting or monitoring program.
C. Projects of Statewide, Regional, or Areawide Concern.
If a reporting or monitoring program is required for a project that is of statewide,
regional, or areawide concern under the criteria set forth in Exhibit K to these I
Guidelines, any transportation information resulting from that reporting or
monitoring program shall be submitted to the Transportation Planning Group of
SCAG along with a copy of the reporting or monitoring program.
... .
I
29
I
I
I.
NOTE:
Resolution Number ~~~
Ory Df Seal Beach aQA Gllidelioes
NDlJDnber. J992
APPENDIX A
CEQA PROCESS FLOWCHART
.".
I'--:::.,~- ~.........
-
I ~==-. g~:--:~~-
::';;;=., 1
....II'IIJIC\........
.........,..........
---
rl "="=~"':" ~ 1-':::::-11"'-:"-;..-1
... -.. .-.....err ...... UIIIC"f
-..,q.......,.....
-.-
-
,...,.............
.. .. ....... DIDIrIw
..
11M..., _....., "--'
.-......
--
........ .. .... II ........
...........II~
.... ""'..... ....11lI.
&.--"Y"_"~
-........-..
_~.WI'I;rlR
---
"~~""'f.
.......,........--
~..,.l..
..................
-.-
.--
---
~.........tI
......... .....-
---
._-
..- .......,
.... WI........ _-.rei
.~.....,...........
....
..-.
-
--.
...... .
-
7his flow chart is intended merely to illustraJe the EIR process contemplated by
the guidelines. 7he language contained in the state and local guidelines controls
in case of discrepancies.
A-I
Resolution Number 9;l-~
Oly 01 ~oJ Beach CEQA Grdde/ines
November. 1992
APPENDIX B
ENVIRONMENTAL INFORMATION AND CHECKLIST FORM
ODitial Study)
Date Submitted:
Application No.
GENERAL INFORMATION
1. Name and address of developer or project sponsor:
Name:
Street:
City:
Zip
Telephone Number:
2. Address of project:
Assessor's Block and Lot Number
3. Name, address, and telephone number of person to be contacted concerning this project:
Name:
Street:
City:
Zip
Telephone Number:
4. List and describe any other related permits and other public approvals required for this
project, including those required by city, regional, state and federal agencies:
S. Existing zoning district:
6. Proposed use of site (Project for which this form is filed):
B-1
I
I
I
Resolution Number ~4Z
Or, of ~ol Beach a'QA GllitUIiIle.
NolJember. 1992
PROJECT DESCRIPTION
7. Site size:
8. Square footage:
.1
9.
Number of floors of construction:
10. Amount of off-street parking provided:
11. <Attach plans.)
12. Proposed scheduling:
13. Associated projects:
14. Anticipated incremental development:
15. If this is a residential project, indicate the:
A. Number of units:
B. Schedule of unit sizes:
C. Range of sale prices or rents:
I
D.
Type of household size expected:
16. If this is a commercial project, indicate the:
A. Type of project:
B. Whether neighborhood, city or regionally oriented:
C. Square footage of sales area:
D. Loading facilities:
17. If this is an industrial project, indicate the:
A. Type of project:
B. Estimated employment per shift:
I
C. Loading facilities:
18. If this is an institutional project, indicate the:
A. Major function:
B-2
Resolution Number ~~~
.
Oly of Seal Beach CEQA Guidelines
November, J 992
B. Estimated employment. per shift:
C. Estimated occupancy:
D.
E.
Loading facilities:
Community benefits to be derived from the project:
I
19. If the project involves a variance, conditional use permit, or rezoning application, state
this and indicate clearly why the application is required:
I
Are the following items applicable to the project or its effects? Discuss below all items checked
yes (attach additional sheets as necessary).
YES NO
20. Change in existing features of any bays, tidelands, beaches, lakes or hills"
or substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public
lands or roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, I
or alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
B-3
~esolution Number ~-~
o/)' of Seol Beach CEQA Gllidelines
Novem1H:r. 1992
28. Use or disposal of potentially hazardous materials, such as toxic
substances, flammables or explosives.
29. Substantial change in demand for municipal service (police, fire, water,
sewage, etc.).
I
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas,
etc.).
31. Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING
32. On a separate page, describe the project site as it exists before the project, including
information on topography, soil stability, plants and animals, and any cultural, historical,
or scenic aspects. Describe any existing structures on the site, and the use of the
structures. Attach photographs of the site.
33. On a separate page, describe the surrounding properties, including information on plants
and animals and any cultural, historical, or scenic aspects. Indicate the type of land use
(residential, commercial, etc.), intensity of land use (one-family, apartment homes,
shops, department stores, etc.), and scale of development (height, frontage, set-back, rear
yard, etc.). Attach photographs of the vicinity.
ENVIRONMENTAL IMPACTS
.
(Please explain all "yes" and "maybe" answers on separate sheets.)
I
m MAYBE
w
34. F&nh. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, com-
paction or overcovering of the soi17
c. Change in topography or ground
surface relief features?
d. The destruction, covering or
modification of any unique geologic
or physical features?
e. Any increase in wind or water
erosion of soils, either on or off
the site?
-'
.1
f. Changes in deposition or erosion
of beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake?
B-4
Resolution Number 7?~-~
g. Exposure of people or property
to geologic hazards such as earth-
quakes, landslides, mudslides,
ground failure, or similar hazards?
35. Air. Will the proposal result in:
a. Substantial air emissions or
deterioration of ambient air quality?
b. The creation of objectionable
odors?
c. Alteration of air movement,
moisture or temperature, or any
change in climate, either locally
or regionally?
36. Water. Will the proposal resl\lt in:
a. Changes in currents, or the
course or direction of water move-
ments, in either marine or fresh
waters?
b. Changes in absorption rates,
drainage patterns, or the rate and
amount of surface water runoff?
c. Alterations to the course or
flow of flood waters?
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters, or
in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
f. 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?
h. Substantial reduction in the
amount of water otherwise .available
for public water supplies?
i. Exposure of people or property
to water-related hazards such as
flooding or tidal waves?
8-5
ClIy qf Seal Beach CEQA Guidelines
Noveml>er, 1992
ll.S MAYBE m2
I.
I
I.
r
I
I
j. Significant changes in the
temperature, flow, or chemical
content of surface thermal springs?
37. Plant Life. Will the proposal result in:
a. Change in the diversity of
species, or number of any species
of plants (including trees, shrubs,
grass, crops, microflora and
aquatic plants)?
b. Reduction of the numbers of any
unique, rare or endangered species of
plants?
c. Introduction of new species of
plants into an area, or in a barrier
to the normal replenishment of
existing species?
d. Reduction in acreage of any
agricultural crop?
38. Animal Life. Will the proposal result in:
a. Change in the diversity of
species, or numbers of any species
of animals (birds, land animals
including reptiles, fish and
shellfish, benthic organisms, insects
or microfauna)?
b. Reduction of the numbers of any
unique, rare or endangered species
of animals?
c. Introduction of new species of
animals into an area, or result in
a barrier to the migration or move-
ment of animals?
d. Deterioration to existing fish
or wildlife habitat?
39.
~. Will the proposal result in:
a. Increases in existing noise
levels?
b. Exposure of people to severe
noise levels?
40. J.,ight and Glare. Will the proposal
produce new light or glare?
B-6
Resolution Number ~ ~~
Ory of Seal Beach CEQA Guid./lltes
NOvemMr, J 992
n;s MAYBE W
Resolution Number '1.:<",,;<
41. Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
42. Natural Re.~urces. Will the proposal
result in:
a. Increase in the rate of use of
any natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
43. Risk of UDset. 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
conditions?
b. Possible interference with an
emergency response plan or an emer-
gency evacuation plan?
44. population. Will the proposal alter the
location, distribution, density, or growth
rate of the human population of an area?
45. Housin~. Will the proposal affect existing
housing, or create a demand for additional
housing?
46. Transnortation/Circulation. Will the
proposal result in:
a. Generation of substantial
additional vehicular movement?
b. Effects on existing parking
facilities, or demand for new
parking?
c. Substantial impact upon existing
b'ansportation systems?
d. Alterations to present patterns
of circulation or movement of people
and/or goods?
e. Alterations to waterborne, rail
or air traffic?
B-7
Ory of ~oJ BeDell CEQA Guidelines
November, 1992
m MAYBE rID
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Resolution Number ~-~
Oly 0/ S4al Beach a'Q.4 GuUleli"".
November, 1992
~ MAYBE W
f. Increase in traffic hazards to
motor vehicles, bicyclists or
pedestrians?
I
47. Public Services. Will the proposal have
an effect upon, or result in a need for
new or altered governmental services in
any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational
facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
48. Energy. Will the proposal result in:
I
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?
49.
Utilities. Will the proposal result in a
need for new systems, or substantial altera-
tions to the following utilities:
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a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
50. Human Health. Will the proposal result
in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health)?
8-8
Resolution Number 9til, ::<.
b. Exposure of people to potential
health hazards'!
51. Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation
of an aesthetically offensive site open to
public view'!
52. Recreation. Will the proposal result in
an impact upon the quality or quantity of
existing recreational opportunities'!
53. Cultural Resources.
a. Will the proposal result in the
alteration of or the 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'!
c. Does the proposal have the poten-
tial 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'!
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Oly of Seal Beach CEQA Gl/ideliMs
Novernber, 1992
~ MAYBE 1m
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54. Mandato" Flndin!!s of Si!!nilicance.
a. Does the project have the
potential to degrade the quality of
the environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self-
sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the
range of a rare or endangered plant or
animal or eliminate important examples
of the major periods of California
history or prehistory?
b. Does the project have the potential
to achieve short-term, to the
disadvantage of long-term, environmental
goals? <A short term impact on the
environment is one which occurs in a
relatively brief, definitive period
of time while long-term impacts will
endure well into the future.)
c. Does the project have impacts
which are individually limited, but
cumulatively considerable? (A project
may affect 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 effect on human beings, either
directly or indirectly?
B-I0
Resolution Number g,,-;::.:e
Oty 0/ &111 Beach CEQA GllidelilU!s
November, 1992
~ MA YBE
MQ
Resolution Number ~~,~
Oty 01 Seollktlch CEQA Guidelines
November, 1992
NOTE: Before the Lead Agency can accept this application as complete, the applicant
must consult the lists prepared pursuant to Section 65962.5 of the Government Code and
submit a signed statement indicating whether the project and any alternatives are located
on a site which is included on any such list, and shaD specify any list.
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this application are contained
on the lists compiled pursuant to Section 65962.5 of the Government Code. Accordingly, the
project applicant is required to submit a signed statement which contains the following
information:
1. Name of applicant:
.
2. Street:
3. City:
4. Zip Code:
5. Phone Number:
6.
Address of Site (street name and number if available, and ZIP code):
7. Local Agency (city/county):
8. Assessor's book, page, and parcel number:
9. Specify any list pursuant to Section 65962.5 of the Government Code:
10. Regulatory identification number:
11. Date of list:
Date
(Signlllure)
For
(Applicant)
8-11
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Reslution Number ~.~
,
aty 01 SeiI/ Besch CE'QA GJJi4IUMS
November, 1992
NOTE: In the event that the project site and any alternatives are not listed on any
list compiled pursuant to Section 65962.5 of the Government Code, then the applicant must
certify that fact as provided below.
I have consulted the lists compiled pursuant to Section 65962.5 of the Government Code
and hereby certify that the development project and any alternatives proposed in this application
are Dot contained on these lists.
Date
(Signature)
For
- (Applicant)
CERTIFICATION: I hereby certify that the statements furnished above and in the attached
exhibits present the data and information required for this initial evaluation to the best of my
ability, and that the facts, statements, and information presented are true and correct to the best
of my knowledge and belief.
Date
(Signature)
For
(Applicant)
B-12
Resolution Number tj'P1"~
Ory of Seol Beach CEQA GllideliMs
Novonber. 1992
DISCUSSION OF ENVIRONMENTAL EVALUATION
AND DETERMINATION
(To be completed by the Lead Agency -
may be attached on separate sheets)
I have consulted the lists compiled pursuant to Section 65962.5 of the Government Code I
and hereby certify that the development project and any alternatives proposed in this application
are located on a site which: (check one)
Is not included in these lists.
_ Is included in these lists, and the project applicant has completed the statement required
by Section 65962.5(1) of the Government Code.
_ Is included in these lists, and I have notified the applicant, pursuant to Section 65943 of
the Government Code, that he or she has failed to complete the statement required by
Section 65962.5(1) of the Government Code by letter dated
On the basis of this initial evaluation: (check one)
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 page(s) have been added to the project. A I'
NEGATIVE DECLARATION will be prepared.
I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
Date
(Signature)
For
(City of Seal Beach)
I
8-13
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Resolution Number ~-~
0Iy of Seal Beadr aQA GrdMlinu
November, 1992
APPENDIX C
UST OF CATEGORICAL EXEMPTIONS
Note: A categorical exemption may lUll be used for the following projects:
(a) A project where there is a reas01llJble possibility thai the activity will have a significant
effect on the environment due to unusual circumstances;
(b) When the cumulative impact of successive projects of the same type in the same place,
over time is significant;
(c) A project which may result in d(llf/{lge to scenic resources, including, but not limited to,
trees, historic buildings, rock outcrop pings, or similar resources, within an official state
scenic highway, designated pursuant to Anicle 2.5 (commencing with Section 260) of
Chapter 2 of Division 1 of the Streets and Highways Code, unless the project consists of
improvemenls as mitigation for a project for which a negative declaration has been
approved or an environmental impact repon 1uis been cenijied; and
(d) A project located on a site which is included on any list compiled pursuant to Section
65962.5 of the Government Code.
Class 1: Existinf! Facilities. Class I consists of the operation, repair, maintenance, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or topo-
graphical features, involving negligible or no expansion of use beyond that previously existing,
including but not limited to:
(a)
Interior or exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances;
(b) Existing facilities of both investor and publicly-owned utilities used to provide electric
power, natural gas, sewerage, or public utility services;
(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and
similar facilities except where the activity will involve removal of a scenic resource
including, but not limited to, a stand of trees, a rock outcropping, or an historic building.
(d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities, or
mechanical equipment to meet current standards of public health and safety, unless it is
determined that the damage was substantial and resulted from an environmental hazard
such as earthquake, landslide, or flood;
(e) Additions to existing structures provided that the addition will not result in an increase
of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2500 square
feet, whichever is less; or
(2)
10,000 square feet if:
(i) The project is in an area where all public services and facilities are
available to allow for maximum development permissible in the General
Plan, and
(ii) The area in which the project is located is not env,ironmentally sensitive.
C-l
Resolution Number ~,?~~
Ory of ~1Il Beach CEQA GrdJ;kline.
November. J992
(f) Addition of safety or health protection devices for use during construction of or in
conjunction with existing structures, facilities or mechanical equipment, or topographical
features including navigational devices;
New copy on existing on and off-premise signs;
(g)
(h)
Maintenance of existing landscaping, native growth, and water supply reservoirs
(excluding the use of economic poisons, as defined in Division 7, Chapter 2, California
Agricultural Code);
I
(i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife
waterway devices, streamflows, springs and waterholes, and stream channels (clearing
of debris) to protect fish and wildlife resources.
(j) Fish stocking by the California Department of Fish and Game.
(k) Division of existing multiple-family rental units into condominiums.
(I) Demolition and removal of individual small structures listed in this subsection except
where the structures are of historical, archaeological, or architectural significance:
(1) Single-family residences not in conjunction with the demolition of two or more
such units. In urban areas, up to three single-family residences may be
demolished under this exemption.
(2)
Motels, apartments, and duplexes or other similar structure with not more than
four dwelling units if not in conjunction with the demolition of two or more such
structures. In urbanized areas, this exemption applies to single apartments,
duplexes, and similar structures designed for not more than six dwelling units if
not demolished in conjunction with the demolition of two or more such structures.
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(3) Stores, motels, offices, restaurants and similar small commercial structures if
designed for an occupant load of 30 persons or less, if not in conjunction with the
demolition of two or more such structures. In urbanized areas, the exemption
also applies to commercial buildings on sites zoned for such use, if designed for
an occupant load of 30 persons or less if not demolished in conjunction with the
demolition of four or more such structures.
(4) 'Accessory (appurtenant) structures including garages, carports, patios, swimming
pools, and fences.
(m) Minor repair and alterations to existing dams and appurtenant structures under the
supervision of the Department of Water Resources.
(n) Conversion of a single-family residence to office use.
(0) The conversion of existing commercial units in one structure from single to condominium
ownership.
As used herein, the term .urbanized areas. means a central city or a group of I
contiguous cities with a population of 50,000 or more, together with adjacent densely populated
areas having a population density of at least 1000 persons per square mile.
CWIl2: ReDlacement or Reconlltruction. Class 2 consists of replacement or reconstruction of
existing structures and facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the structure
replaced, including but not limited to:
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Resolution Number ~-~
Ory oj SellllHach CEQA GlddeUIIIlS
November, 1992
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake
resistant structures which do not increase capacity more than 50%.
(b)
Replacement of a commercial structure with a new structure of substantially the same
size, purpose and capacity.
(c)
Replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facilities to underground,
including COMection to existing overhead electric utility distribution lines, where the
surface is restored to the condition existing prio~ to the undergrounding.
Clal/I/ 3: New Conlltruction or Converrion of Small Structurel/. Class 3 consists of construction
and location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small structures from
one use to another where only minor modifications are made in the exterior of the structure. The
numbers of structures described in this section are the maximum allowable on any legal parcel
or to be associated with a project within a two-year period. Examples of this exemption include,
but are not limited to:
(a) Single-family residences not in conjunction with the building of two or more such units.
In urbanized areas, up to three single-family residences may be constructed ot converted
under this exemption.
(b)
Apartments, duplexes and similar structures with no more than four dwelling units if not
in conjunction with the building or conversion of two or more such structures. In
urbanized areas, the exemption applies to single apartments, duplexes and similar small
structures designed for not more than six dwelling units if not constructed in conjunction
with the building or conversion of two or more such structures.
(c) Stores, motels, offices, restaurants, and similar small structures not involving the use of
significant amounts of hazardous substances, if designed for an occupant load of 30
persons or less, if not constructed in conjunction with the building of two or more such
structures. In urbanized areas, the exemption also applies to commercial buildings or
sites zoned for such use, if designed for an occupant load of 30 persons or less, if not
constructed in conjunction with the building of four or more such structures and if not
involving the use of significant amounts of hazardous substances.
(d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to
serve such construction.
(e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools
and fences.
.Urbanized area" is defined in Class 1 above.
Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in
the condition of land, water and/or vegetation which do not involve removal of mature, scenic
trees except for forestry and agricultural purposes. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except that grading shall not be
exempt in a waterway, in any wetland, in a scenic area officially designated by federal,
state or local governmental action, or in officially mapped areas of severe geologic
hazard.
(b) New gardening or landscaping.
C-3
Resolution Number ~~.2
Oly of Seal Beach CEQA GIIUlelines
November. J992
(C) Filling of earth into previously excavated land with material compatible with the natural
features of the site.
(d) Minor alterations in land, water and vegetation on existing officially designated wildlife
management areas or fish production facilities which result in improvement of habitat for
fish and wildlife resources or greater fish production.
(e)
Minor temporary uses of land having negligible or no permanent effects on the
environment, including carnivals, sales of Christmas trees, etc.
I
(f) Minor trenching and backfilling where the surface is restored,
(g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all
applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way.
Class 5: Alterations in l<llnd Use limitations. Class 5 consists of minor alterations in land use
limitations in areas with less than a 20% slope, which do not result in any changes in land use
or density, including but not limited to:
(a) Minor lot line adjustments, side yard and set back variances not resulting in the creation
of any new parcel.
(b) Issuance of minor encroachment permits.
(c) Reversion to acreage in accordance with the Subdivision Map Act.
Class 6: Infonnation Collection. Class 6 consists of basic data collection, research, I
experimental management, and resource evaluation activities which do not result in a serious or
major disturbance to an environmental resource. These may be strictly for information-gathering
purposes, or as part of a study leading to an action which a public agency has not yet approved,
adopted, or funded.
Class 1: Actions bv RerulDtorv Apencies for Protection of Natural Resources. Class 7 consists
of action 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 regulatory process
involves procedures for protection of the environment. Examples include but are not limited to
wildlife preservation activities of the State Department of fish and Game. Construction
activities are not included in this exemption.
Qlm..J: Actions bv Reeulatorv Arencies for Protection of the Environment. Class 8 consists
of actions taken by regulatory agencies, as authorized by state law 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. Construction activities
and relaxation of standards allowing environmental degradation are not included in this
exemption.
Cws 9: Inmections. Class 9 consists of activities limited entirely to inspections, to check for
performance of an operation, or quality, health or safety of a project, including related activities I
such as inspection for possible mislabeling, misrepresentation, or adulteration of products.
Oms 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under
the Veterans Farm and Home 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. Class 10 includes but is not limited to the following
examples:
C-4
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Res~lution Number ?,?-,;z.
0/)1 of Seal Beach CEQA Gllideli"".
November, 1992
(a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home
Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage companies by the Public Emp]oyees
Retirement System and by the State Teachers Retirement System.
Class 11: Accessorv Structures. Class 11 consists of construction, or placement of minor
structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities,
including but not limited to:
(a) On-premise signs;
(b) Small parking lots;
(c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food
units, portable restrooms, or similar items in generally the same locations from time to
time in pub]icly owned parks, stadiums, or other facilities designed for public use.
Class 12: Sumlus Government ProDertv Sales. Class 12 consists of sales of surplus
government property except for parcels of land located in an area of statewide, regional, or
areawide concern as set forth in section (d) of Appendix K of these Guide]ines. However, if the
surplus property to be sold is located in such areas, its sale is exempt if:
(a) The property does not have significant values for wildlife habitat or other environmental
purposes, and
(b) Any of the following conditions exist:
(1) The property is of such size, shape, or inaccessibility that it is incapable of
independent development or use; or
(2) The property to be sold would qualify for an exemption under any other class of
categorical exemption in these Guidelines; or
(3) The use of the property and adjacent property has not changed since the time of
purchase by the public agency.
Class 13: ACQuisition of Lands for Wildlife Conservation Pumoses. Class 13 consists of the
acquisition of lands for fish and wildlife conservation purposes, including preservation of fish
and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580,
and preserving access to public lands and waters where the purpose of the acquisition is to pre-
serve the land in its natural condition.
Class 14: Minor Additions to Schools. Class]4 consists of minor additions to existing schools
within existing schoo] grounds where the addition does not increase original student capacity by
more than 25 % or ten classrooms, whichever is less. The addition of P.Ortable classrooms is
included in this exemption.
Class 15: Minor Land Divisions. Class 15 consists of the division of property in urbanized
areas zoned for residential, commercial, or industrial use into four or fewer parcels when the
division is in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels to local standards are availab]e, the
parcel was not involved in a division of a larger parcel within the previous 2 years, and the
parcel does not have a slope greater than 20%. "Urbanized area" is dermed in Class 1 above.
C-5
Resolution Number t:? .. .,t
Ory of Seal Beach CEQA GIIilkli1llls
November, 1992
ClIlss 16: Transfer of OwnershiD of Land in Order to Create Parles. Class 16 consists of the
acquisition or sale of land in order to establish a park where the land is in a natural condition
or contains historic sites or archaeological sites and either:
(a) The management plan for the park has not been prepared, or
(b)
The management plan proposes to keep the area in a natural condition or preserve the
historic or archaeological site. CEQA will apply when a management plan is proposed
that will change the area from its natural condition or significantly change the historic
or archaeological site.
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Class 17: ODen SDace Contracts or Easements. Class 17 consists of the establishment of
agricultural preserves, the making and renewing of open space contracts under the Williamson
Act, or the acceptance of easements or fee interests in order to maintain the open space character
of the area. The cancellation of such preserves, contracts, interests, or easements is not included
in this exemption.
Class 18: Desillnation of Wilde mess Areas. Class 18 consists of the designation of wilderness
areas under the California Wilderness System.
ClIlss 19: Annexations of Existinll Facilities and Lats for ExemDt Facilities. Class 19 consists
of only the following annexations:
(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, provided,
however, that the extension of utility services to the existing facilities would have a
capacity to serve only the existing facilities.
(b)
Annexations of individual small parcels of the minimum size for facilities exempted
under Class 3 above.
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ClIlss 20: Chanlles in Of'f!ani~ntion of Lacal Allencies. Class 20 consists of changes in the
organization or reorganization of local governmental agencies where the changes do not change
the geographical area in which previously existing powers are exercised. Examples include but
are not limited to:
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having identical powers.
(c) Merger with a city of a district lying entirely within the boundaries of the city,
Class 21: Enforcement Actions. Class 21 consists of actions to enforce or revoke a lease,
permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the
regulatory agency or enforcement of a law, general rule, standard, or <]bjective, administered
or adopted by the regulatory agency. Such actions include, but are not limited to, the following:
(a)
The direct referral of a violation of lease, permit, license, certificate, or entitlement for
use or of a general rule, standard, or Objective to the Attorney General, District
Attorney, or City Attorney as appropriate, for judicial enforcement.
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(b) The adoption of an administrative decision or order enforcing or revoking the lease,
permit, license, certificate, or entitlement for use or enforcing the general rule, standard,
or objective.
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.Resolution Number ~-.:2
Oty of Seal Beach CEQA Guidelines
Nooember, 1992
Construction activities undertaken by the public agency taking the enforcement or
revocation action are not included in this exemption.
Class 22: Bducational or Traininf! Prof!rams Involvinf! No Phvsical Chanf!es. Class 22
consists of the adoption, alteration, or termination of educational or training programs which
involve no physical alteration in the area affected or which involve physical changes only in the
interior of existing school or training structures. Examples include, but are not limited to:
(a) Development of or changes in curriculum or training methods.
(b) Changes in the grade structure in a school which do not result in changes in student
transportation.
Class 23: Normal OlIerations of Facilities for Public Gatherinf!s. Class 23 consists of the
normal operations of existing facilities for public gatherings for which the facilities were
designed, where there is a past history of the facility being used for the same kind of purpose.
Facilities included within this exemption include, but are not limited to, racetracks, stadiums,
convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement
parks.
Class 24: Ref!ulation of Workinf! Conditions. Class 24 consists of actions taken by regulatory
agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any
of the following:
(a) . Employee wages,
(b) Hours of work, or
(c)
Working conditions where there will be no demonstrable physical changes outside the
place of work.
Class 25: Transfers of Ownership of Interests in Land to Preserve OlIen Sooce. Class 25
consists of the transfers of ownership of interests in land in order to preserve open space.
Examples include but are not limited to:
(a) Acquisition of areas to preserve the existing natural conditions.
(b) Acquisition of areas to allow continued agricultural use of the areas.
(c) Acquisition to allow restoration of natural conditions.
(d) Acquisition to prevent encroachment of development into flood plains.
Class 26: Acquisition of Housinf! for Housinf! Assistance Prof!rams. Class 26 consists of
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. The housing units
may be either in existence or possessing all required permits for construction when the agency
makes its final decision to acquire the units.
Class 27: Leasinf! New Facilities. Class 27 consists of the leasing of a newly constructed or
previously unoccupied privately owned facility by a local or state agency where the local govern-
ing authority determined that the building was exempt from CEQA. To be exempt under this
section, the proposed use of the facility:
(a) Shall be in conformance with existing state plans and policies and with general,
community, and specific plans for which an EIR or Negative Declaration has been
prepared,
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Resolution Number ~~~~
Oty of Seal Beach CEQA CiuUkliMI
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(b) Shall be substantially the same as that originally proposed at the time the building permit
was issued,
(c) Shal1 not result in a traffic increase of greater than 10% of front access road capacity,
and
(d) Shall include the provision of adequate employee and visitor parking f~i1ities.
Examples of projects within Class 27 include but are not limited to:
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(1) Leasing of administrative offices in newly constructed office space.
(2) Leasing of client service offices in newly constructed retail space.
(3) Leasing of administrative and/or client service offices in newly constructed
industrial parks.
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Class 28: Small Hvdroelectric Proiects at Existinl! Facilities. Class 28 consists of the
installation of hydroelectric generating facilities in connection with existing dams, canals, and
pipelines where:
(a) The capacity of the generating facilities is 5 megawatts or less.
(b) Operation of the generating facilities will not change the flow regime in the affected
stream, canal, or pipeline including but not limited to:
(1) Rate and volume of flow,
(2) Temperature,
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(3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life,
and
(4) Timing of release.
(c) New power lines to connect the generating facilities to existing power lines will not
exceed one mile in length if located on a new right of way and will not be located
adjacent to a wild or scenic river.
(d) Repair or reconstruction of the diversion structure will not raise the normal maximum
surface elevation of the impoundment.
(e) There wil1 be no significant upstream or downstream passage of fish affected by the
project.
(I) The discharge from the power house wil1 not be located more than 300 feet from the
toe of the diversion structure.
(g) The project will not cause violations of applicable state or federal water quality 1
standards.
(h) The project will not entail any construction on or alteration of a site included in or
eligible for inclusion in the National Register of Historic Places, and
(i) Construction will not occur in the vicinity of any rare or endangered species.
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Resolution Number ~-~
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City of Seal &tJch CEQA GrdkUnu
November, 1992
Class 29: Core1l2ration Proiects at Existim' Facilitil's. Class 29 consists of the installation of
cogeneration equipment with a capacity of SO megawatts or less at existing facilities meeting the
conditions described in this section.
(a)
At existing industrial facilities, the installation of cogeneration facilities will be exempt
where it will:
(1) Result in no net increases in air emissions from the industrial facility, or will
produce emissions lower than the amount that would require review under the
new source review rules applicable in the county, and
(2) Comply with all applicable state, federal, and local air quality laws.
(b) At commercial and institutional facilities, the installation of cogeneration facilities will
be exempt if the installation will:
(1) Meet all the criteria described in subsection (a),
(2) Result in no noticeable increase in noise to nearby residential structures, and
(3) Be contiguous to other commercial or institutional structures.
C-9
Resolution Number tfil"',2
Oty 01 Seal Beach CEQA Guide/ine.
November, 1992
APPENDIX D
S'J'AIUS OF APYLlCmJlN.
APPUCATION NO.
DATE REC'D.:
APPUCANT:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
LOCATION OF PROJECT:
Pursuant to state law the City's staff has completed a preliminary review of the application noted
above and finds that the information submitted is:
Sufficiently complete as of the date indicated below to allow the application to be
processed.
Please note that the City may require further information in order to clarify, amplify,
correct, or otherwise supplement the application. If the City requires such additional
information, it is strongly suggested that you supply that information promptly to avoid
any delay in the processing of the application.
Not complete. The application has been held in abeyance because certain information
is missing, you failed to comply with certain requirements, or both. The information
needed to complete the application is listed below, and must be supplied before the
application can be deemed complete. For further information please call (310) 431-2527,
Extension
Additional InformationlRequirements:
Staff SignatUre
Dale
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Resolution Number ~~-~
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Oty oj Seal Beach CEQA GIJide/ines
November, 1992
APPENDIX E
NOTICE OF PREPARATION
I TO:
(Responsible Agency)
(Street Address)
(City) (Zip Code)
FROM:
(Lead Agency)
(Street Address)
(City) (Zip Code)
SUBJECT: Notice of Preparation of a Draft Environmental Impact
Report
I
The City of Seal Beach will be the Lead Agency and will prepare an environmental impact
report for the project identified below. We need to know the views of your agency as to the
scope and content of the environmental information which is germane to your agency's statutory
responsibi.lities in connection with the proposed project. Your agency will need to use the EIR
prepared by our agency when considering your permit or other approval for .the project.
The project description, location, and the probable environmental effects are attached.
A copy of the Initial Study 0 is, 0 is not, attached.
Under State law. your response must be sent at the earliest possible date and not latet than thirty
(30) days after receipt of this notice.
Please send your response to at the address shown above. Please indicate
the name of a contact person and telephone number in your agency.
PROJECT TITLE:
PROJECr APPLICANT, IF ANY:
I
Signature
Title
Telephone
Date
Reference:
Colifornia Admini.rmJli... Code, n,/e 14. Seaion 15082.
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Resolution Number tJ.;f - e2
Ory of SeallkfJch CEQA GIlilUUMS
November, 1992
APPENDIX F
NOTICE OF COMPLETION
To: Office of Planning and Research
State of California
1400 Tenth Street
Sacramento, California 95814
I
Project Title
Project Location - Specific
Project Location - City
Project Location - CounJy
Description of Nature. Purpose, and Beneficiaries of Project
I
City of Seal Beach
Lead Agency
Division
211 Eighth Street
Seal Beach. California 90740
Address Where Copy of EIR is Available
Review Period
Contact Person
Area Code Phone
Extension
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Resolution Number
I SCH.
9P?-.e
_ NOTE below
\
Nmice of Comoletion
Fo"" A
f
Mail to: State Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814 916/445-0613
Project TItI.:
Lead Agency: Contact Person:
Street Address: Phone:
I~~ ~~. . . .. . . .. .. .. . _ -.. _ .. -. ~~~:. _ .. .... . .~o.u~y~ .. ..... .. .. .. . -.. .. . . . _ .. .... . -...... . .. _
County: City /Nearest Community:
Cross Str.ets: Zip Code:
Assessor's Parcel No. Section: Twp.
Within 2 Miles: State Hwy ,: Waterways:
Airports: Railways:
Base:
Schools:
............. ........ .. .. .... .. ...... .... .. .. .. .. .... .. .. .. ...... .. ........ .... .. ....... .. .. .......... .. .. .. ...... .. ...... .. .... .. .. .." .... .. .. .... .. .. .. ...... .. ..... .. -.. - - .......... ..
Docum.nt Typ.
CEQA: 0 NOP 0
o Early Cons 0
o Neg Dec 0
o Draft EIR
SupplementlSubsequent
EIR IPrior SCH No.1
Other
NEPA:
o NOI
DEA
o Draft EIS
o FONSI
Other: 0
o
o
Joint Document
Final Document
Other
-....------..---------..--................................--......-..............--....--......................--..............................--...........
o Rezone 0 Annexation
o Prezone 0 Redevelopment
o Use Permit 0 Coastal Permit
o Land Division 0 Other
Subdivision Parcel Map,
I,~~~~t -~ - . . - - - - . . - . . - - . . - - - - - - - - . - - - - - - ~~~c.t ~~P: _e~~.~ _ _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ . _ . . . . . _ . _ _ - . - - . . - - -
o Residential: Uni!s Acral 0 Water Facilities: Type_ MGD
o Office: Sq. fr._ Acral Employees_ 0 Transportation: Type
o Commercial: Sq. f!._ Acral Employeel_ 0 Mining: Minera/
o Industnal: Sq. fI._ Acrel Employees_ 0 Power: Type
o Education 0 Waste Treatment: Type
o Recreational 0 Hazardous Waste: Type
o Other:
Local Action Type
o General Plan Update
o General Plan Amendment
o General Plan Element
o Community Plan
o Specific Plan
o Master Plan
o Planned Unit Development
o Site Plan
Wans
...... ............. ....... - ...... .. .... .... .. .. .... .. .. ...... ...... .. .. ...... .. ...... .... .... .......... .......... .... .. .. .... .... .. .... - .. ...... ........ ........ .... .... .. .. .... ........ ..
Project Is.u!" Dlscu.,ed In Docum.nt
o AestheticNisual 0 Flood P1ainlFloodlng
o Agricultural Land 0 Forest LandlFire Hazard
o Noise
o Sewer Capacity
o Soil Erosion/
CompactionlGrading
o Solid Waste
o Water Quality
o Water Supply/
Groundwater
o WetlandlRiparian
o Wildlife
o SchoolslUniversities
o Septic Systems
o Air Quality
o ArcheologicallHistorical
o Geologic/Seismic
o Minerals
o Coastal Zone
o Growth Inducing
o Drainage/Absorption 0 PopulationlHousing 0 ToxiclHazardous 0 Landuse
Balance
I ;;~~~~C:~~b"........ .~.~~:~a~;~~;'~~i1~~e... .~_~~;~~~~~I~~i~~.. _ _ _..~ ~.~~~:a.ti~~ .E~f"~~S.. _..... _ _.... _ __
Pr..ent UncI U..lZon/ng/Gen.... Plan Use
---------....--.....---------------..--...-..-..----....-..--....---................--....--..........-....--..--..--....--......---
Proj.ct D_crIpt1on
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project le.g. from
a Notice of Preparation or previous draft documentl please fill it in.
Revised October 1989
P-3
Resolution Number
?,t ~.;l
REVIEWING AGENCIES
KEY
S = Document sent by lead agency
X = Document sent by SCH
" = Sunaested distribution
_ReIO&W.. Agency
Envlron.....nt.1 Aftlli,.
_Boating'" Waterways
_Air R.sourcl. Board
_Co.stal Commission
_APCD'AQMD
_Coeltal Con..rvancy
_Celiforni8 Weate Management Board
_CoIoredo River Board
_SWRCB: Cleen Wete. G.ent.
_Conservation
_SWRCB: Delto Unit
I
_Fi.h. G...e
_SWRCB: Wote. Quolity
_Forestry
_SWRCB: Wete. Right.
_Office of Hi.toric Pr...rvatlon
_Regionel WQCB ,_ (
Youth. Adult c....ctiono
_'arks'" Rler..lIon
_Raclsm.lion
_Corrections
_S.F. Bey Conslrvatlon ... Development Commis.ion
Independent Comm..lonIl . Office.
...._. Tr_ortotlon . HouoIng
_Energy Commis.ion
_Native American Heritage Commission
_Water ReSDlJrcI. COWR)
_Aeronautics
_Public Utilities Commission
_California Highway 'atrol
_Santa Monica Mountains Conservancy
_CALTRANS Di.triet'
_SUite und. Commission
_Cepanmant of Transportation Planning (headquarter.)
_Tahoe Regional Plenning Agency
_Housing'" Community Development
_Oth..
_Food. Agriculture
Ho.lth . WeNe..
_Health Serviaes
I
ltoto . C:-umo. Iorvi_
_General SeMee.
_OLA ISehool.1
Public Review Period Ito be filled in by loed egoney'
Stoting Dete:
Ending Dete:
Signotu..:
Dote:
Laed Agency (Complete N opplieeble':
For BCH U.e Only:
COMUltlng Firm:
Date Received et SCH:
Addre..:
Date Review Starts:
CitylStoteJZip:
Oate to Agencie.:
Contact:
Dete to SCH:
"
PlIone:L-..)
ca.arance Date:
Note.:
Applicant:
Add....:
CitylStoteJZip:
PlIone:L-!
F-4
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:1
Resolution Number ;t?~e2
Oly 01 Seal Beach CEQA Guitklines
November, 1992
PUBLIC NOTICE
ENVIRONMENTAL IMPACT REPORT
The City of Seal Beach hereby gives notice that pursuant to the authority and criteria contained
in the California Environmental Quality Act ("CEQA") and the CEQA Guidelines of the City
of Seal Beach, California, the Director of Development Services has analyzed the request for:
(Proiect ntle and Permit Number)
proposed to be located at:
(Address)
(Cil}')
(Zip)
The proposal (briefly describe nroiectl
After reviewing the Initial Study and any applicable mitigating measures for the project, the
Director of Development Services has determined that this project may have a significant effect
on the environment. Accordingly, an environmental impact report has been drafted.
A public hearing will be held by the lPlannine Commission or City Council)
this proposed environmental impact report on (date) , at (time)
Beach City Council Chamber, 211 Eighth Street, Seal Beach, California, 90740.
to consider
, at the Seal
Public comments will be received by the City prior to final approval of the environmental impact
report and action on the project, through (month and day) , 19~.
A copy of all relevant material, including the project specifications, initial study, and the
environmental impact report is on file in the offices of the Department of Development Services,
211 Eighth Street, Seal Beach, California 90740.
Date:
By:
(Title)
F-7
Resolution Number ~-~
APPENDIX G
NOTICE OF DETERMINATION
TO: - Office of Planning and Research FROM: City of Seal Beach
State of California Deoartment ofDev. Svcs.
1400 Tenth Street 211 Eillhth Street
Sacramento, CA 90815 Seal Beach. CA 90740
- Countv Clerk. County of Oranl!e
700 Civic Ctr. Drive W.. Room D-I 00
Santa Ana. CA 92701
SUBJECT: Filing of Notice of Determination In compliance wltb Section 21151 of the Public Resources
Code.
Project Title [Common name where possible)
State Clearinghouse Number [If submitted to Stale Clearinghouse)
J..ee Whittenben (310) 431-2527
Contact Person Telephone Number
Project Location
Project Description
\..
This is to advise that the City of Seal Beach (Lead Agency) has approved the abclvMcscribed project and has
made the following determinations n:garding this project:
1. The project _ will _ will not have a significant cft'ec:t on the environment.
2. Mitigation measures _ were _ were not made a condition of approval of the project.
3. _ A Negative Declaration was prepared for this project pursuant to the provisions of
CEQA. A copy of the Negative Declaration and record ofprojcct approval may be
. examined at: City of Seal Beach. 111 Eil!hth Street. Seal Beach. CA 90740.
'"
_ An EnvinmmcDtaI Impactllcport was prepared for this project pwsuanl to the provisions of CEQA. and
was n:vi.cwed and considcn:d by the decision making body prior to its decision on the project. The Environmental
Impact Report and record of project approval is available to the public at:
_ The City found that the cnvironmCDtaI effects of the project could be mitigated by modifications 10 the
project which arc within the n:sponsibility and jurisdiction of another public agency.
_ Specific economic, social, and other considerations make infeasible the mitigation measures or project
altcmatives identified in the Final Environmcnta1 Impact Report.
A Statement of 0vcrric\iDg Considerations was was not adopted for this project.
- --
This documenl is being filed in dUDlicale. Please acknowledge the filing date and n:tum acknowledged copy in
the enclosed. stamped, self-addressed envelope.
Dale Received for Filing SigDaturC
Director of Develonmenl SemCell
Title
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.Resolution Number ~~
Oty of ~a1 Beach CEQA Guide/1M'
Novmrbt:r. 1992
APPENDIX H
NEGATIVE DECLARATION
FOR:
(Project)
Application has been filed with the City of Seal Beach for approval of the project known as
to be located at
and to be implemented by
The project is briefly described as:
Pursuant to the authority and criteria contained in the California Environmental Quality Act
(CEQA) and the CEQA Guidelines of the City of Seal Beach, the Lead Agency has analyzed the
project and determined that the project will !!Q1 have a significant impact on the environment.
Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION.
A copy of the Initial Study, documenting reasons to support the finding, is attached. Mitigation
measures, if any, included in the project to avoid potentially significant effects are:
A period of at least 21 days from the date of publication of the notice of this NEGATIVE
DECLARA nON will be provided to enable public review of the project specifications, the
Initial Study and this document prior to the final adoption of the NEGATIVE DECLARA nON
by the Lead Agency. A copy of the project specifications is on file in the offices of the
Department of Development Services, 211 Eghth Street, Seal Beach, CA, 90740.
Date:
By:
Director of Development Services
H-I
Resolution Number
~-.2
Oly 01 $elll Beach CEQA GuUUlius
November, 1992
PUBLIC NOTICE
NEGATIVE DECLARATION
The City of Seal Beach hereby gives notice that pursuant to the authority and criteria contained
in the Cali- fornia Environmental Quality Act ("CEQA") and the CEQA Guidelines of the City
of Seal Beach, the Director of Development Services has analyzed the request for
(Proiect Title and Permit Number)
to be located at
proposed
(address).
The proposal (briefly describe the proiect)
After reviewing the Initial Study and any applicable mitigating measures for the project, the
Director of Development Services has determined thai this project will not have a significant
effect on the environment. Accordingly, a NEGATIVE DECLARATION has been prepared.
A public hearing will be held by the (planning Commission or Ci\y Council) to
consider this proposed NEGATIVE DECLARATION on (date) , at (time)
at City Hall Council Chambers, 211 Eighth Street, Seal Beach, California, 90740.
Public comments will be received by the City prior to final approval of the NEGATIVE
DECLARATION and action on the project, through , 19_.
A copy of all relevant material, including the project specifications, Initial Study, and the
NEGATIVE DECLARATION is on file in the offices of the Department of Development
Services, City of Seal Beach, 211 Eighth Street, Seal Beach, California, 90740.
Date:
By:
Director of Development Services
H-2
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Resolution Number ~~~
City 01 ScoJ Beach CEQA GuUkliMS
Nollmlber, 1992
APPENDIX I
SIGNIFICANT EFFECTS
A project will normally have a significant effect on the environment if it will:
(a)
Conflict with adopted environmental plans and goals of the community where it
is located;
(b) Have a substantial, demonstrable, negative aesthetic effect;
(c) Substantially affect a rare or endangered species of animal or plant or the habitat
of the species;
(d) Interfere substantially with the movement of any resident or migratory fish or
wildlife species;
(e) Breach published national, state, or locaI'standards relating to solid waste or litter
control;
(t) Substantially degrade water quality;
(g) Contaminate a public water supply;
(h) Substantially degrade or deplete ground water resources;
(i) Interfere substantially with ground water recharge;
(j)
Disrupt or adversely affect a prehistoric or historic archaeological site or a
property of historic or cultural significance to a community or ethnic or social
group; or a paleontological site except as part of a scientific study;
(k) Induce substantial growth or concentration of population;
(1) Cause an increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system;
(m) Displace a large number of people;
(n) Encourage activities which result in the use of large amounts of fuel, water, or
energy;
(0) Use fuel, water, or energy in a wasteful manner;
(p) Increase substantially the ambient noise levels for adjoining areas;
(q) Cause substantial flooding, erosion or siltation;
(r)
(s)
Expose people or structures to major geologic hazards;
Extend a sewer tJ:unk line with capacity to serve new development;
(t) Substantially diminish habitat for fish, wildlife or plants;
(u) Disrupt or divide the physical anangement of an established community;
1-1
Resolution Number ~;?~
01)1 of Seal Beach aQA Grddelines
November, 1992
(v) Create a potential public health hazard or involve the use, production or disposal
of materials which pose a hazard to people or animal or plant populations in the
area affected;
(w) Conflict with established recreational, educational, religious or scientific uses of
the area;
(x)
Violate any ambient air quality standard, contribute substantially to an existing
or projected air quality violation, or expose sensitive receptors to substantial
pollutant concentrations;
(y) Convert prime agricultural land to nonagricultural use or impair the agricultural
productivity of prime agricultural land;
(z) Interfere with emergency response plans or emergency evacuation plans.
1-2
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Resolution Number ~ ~.2
Ory Df SeIJl BeDch CEQA GuUkliMS
NDvember, 1992
APPENDIX J
ENERGY CONSERVATION
I.
INTRODUCTION
The goal of conserving energy implies the wise and efficient use of energy. The means
of achieving this goal include:
A. decreasing overall per capita energy consumption,
B. decreasing reliance on natural gas and oil, and
C. increasing reliance on renewable energy sources. In order to assure that energy
implications are considered in project decisions, the California Environmental
Quality Act requires that EIR's include a discussion of the potential energy
impacts of proposed projects, with partif:ular emphasis on avoiding or reducing
inefficient, wasteful and unnecessary consumption of energy.
Energy conservation implies that a project's cost effectiveness be reviewed not only in dollars,
but also in terms of energy requirements. For many projects, lifetime costs may be determined
more by energy efficiency than by initial dollar costs.
II. EIR CONTENTS
Potentially significant energy implications of a project should be considered in an EIR. The
following list of energy impact possibilities and potential conservation measures is designed to
assist in the preparation of an EIR. In many instances specific items may not apply or additional
items may be needed.
A. Proiect Descri"tion may include the following items:
1. Energy consuming equipment and processes which will be used during
construction, operation and/or removal of the project. If appropriate, this
discussion should consider the energy intensiveness of materials and
equipment required for the project.
2. Total energy requirements of the project by fuel type and end use.
3. Energy conservation equipment and design features.
4. Initial and life-cycle energy costs or supplies.
S. Total estimated daily trips to be generated by the project and the
additional energy consumed per trip by mode.
B. Environmental Settinr! may include existing energy supplies and energy use
patterns in the region and locality.
C.
Environmentallm"acts may include:
1. The project's energy requirements and its energy use efficiencies by
amount and fuel type for each stage of the project's life cycle including
construction, operation, maintenance and/or removal. If appropriate, the
energy intensiveness of materials may be discussed.
1-1
Resolution Number
~-02
City of Seal Beach CEQA GllUklines
November, 1992
2. The effects of the project on local and regional energy supplies and on
requirements for additional capacity.
3. The effects of the project on peak and base period demands for electricity
and other forms ofenergy.
4.
The degree to which the project complies with existing energy standards.
s.
The effects of the project on energy resources.
I
6. The project's projected transportation energy use requirements and its
overall use of efficient transportation alternatives.
D. Mitil!ation Measures may include:
1. Potential measures to reduce wasteful, inefficient and unnecessary
consumption of energy during construction, operation, maintenance and/or
removal. The discussion should explain why certain measures were
incorporated in the project and why other measures were dismissed.
2. The potential of siting, orientation, and design to minimize energy
consumption, including transportation energy.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy systems.
s. Energy conservation which could result from recycling efforts.
I
E.
Alternatives should be compared in terms of overall energy consumption and in
terms of reducing wasteful, inefficient and unnecessary consumption of energy.
F. Unavoidable Adverse Effects may include wasteful, inefficient and unnecessary
consumption of energy during the project construction, operation, maintenance
and/or removal that cannot be feasibly mitigated.
G. Irreversible Commitment of Resources may include a discussion of how the
project preempts future energy development or future energy conservation.
H. Shoft-Tenn Gains versus Lonl!-Tenn Imoocts can be compared by calculating the
energy costs over the lifeti me of the project.
I. Growth Inducinl! Effects may include the estimated energy consumption of
growth induced by the project.
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Resolution Number ~~~~
,
Ory D/ Seal Beach CEQA Guidelines
November, 1992
APPENDIX K
PROJECTS OF STATEWIDE, REGIONAL
OR AREA WIDE SIGNIFICANCE
projects meeting the criteria listed in this appendix shall be deemed to be of statewide, regional,
or areawide significance. EIR's or Negative Declarations prepared by the Lead Agency on a
project described below shall be submitted to the State Clearinghouse and should be submitted
also to the Southern California Association of Governments (SCAG).
The Lead Agency shall determine that a proposed project is of statewide, regional, or areawide
significance if the project meets any of the following criteria:
(a) The project is a proposed local general plan, element, or amendment thereof for
which an EIR was prepared.
(b) A project has the potential for causing significant effects on the environment
extending beyond the city of county in which the project would be located.
Examples of the effects include generating significant amounts of traffic or
interfering with the attainment or maintenance of state or national air quality
standards. Projects subject to this paragraph include:
(1) A proposed residential development of more than 500 dwelling units.
(2) A proposed shopping center or business establishment employing more
than 1,000 persons or encompassing more than 500,000 square feet of
floor space.
(3) A proposed commercial office building employing more than 1,000
persons or encompassing more than 250,000 square feet of floor space.
(4) A proposed hotel/motel development of more than 500 rooms.
(5) A proposed industrial, manufacturing, or processing plant, or industrial
park planned to house more than 1,000 persons, occupying more than 40
acres of land, or encompassing more than 650,000 square feet of floor
area.
(c) A project which would result in the cancellation of an open space contract made
pursuant to the California Land Conservation Act of 1965 (Williamson Act) for
any parcel of 100 or more acres.
(d) A project for which an EIR was prepared which would be located in, and have
a substantial impact upon, one of the following areas of critical environmental
sensitivity:
(1) The Lake Tahoe Basin.
(2) The Santa Monica Mountains Zone.
(3) The California Coastal Zone as defined in, and mapped pursuant to,
Section 30103 of the Public Resources Code.
(4) An area within 1/4 mile of a wild and scenic river as defined by Section
5093.54 of the Public Resources Code.
K-l
Resolution Number
q;.. ,t.
Oly of Seal Beach CEQA GuidelilUls
Navember, 1992
(5) The Sacramento-San Joaquin Delta, as defined in Water Code Section
12220.
(6) The Suisun Marsh as defined in Public Resources Code Section 29101.
(7) The jurisdiction of the San Francisco Bay Conservation and Development I
Commission as defined in Government Code Section 66610.
(e) A project which would substantially affect sensitive wildlife habitats including,
but not limited to, riparian lands, wetlands, bays, estuaries; marshes, and habitats
for rare and endangered species as defined by Fish and Game Code Section 2062.
(1) A project which would interfere with attainment of regional water qualify
standards as stated in the approved areawide waste treatment management plan.
(g) A project which would provide housing, jobs, or occupancy for 500 or more
people within 10 miles of a nuclear power plant.
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~esolution Number ~~~
01)' of Seal Beach CEQA Guidelines
November, 11192
APPENDIX L
ARCHAEOLOGICAL IMPACTS
I.
CEQA applies to effects on historic and prehistoric archaeological resources.
n.
Public agencies should seek to avoid damaging effects on an archaeological resource
whenever feasible. If avoidance is not feasible, the importance of the site shall be
evaluated using the criteria outlined in Section III.
A. In-situ preservation of a site is the preferred manner of avoiding damage to
archaeological resources. Preserving the site is more important than preserving
the artifacts alone because the relationship of the artifacts to each other in the site
provides valuable information than can be lost when the artifacts are removed.
Further, preserving the site keeps it available for more sophisticated future
research methods. Preservation may also avoid conflict with religious or cultural
values of groups associated with the site.
B. Avoiding damage may be accomplished by many approaches, including:
1. Planning construction to miss archaeological sites;
2. Planning parks, greenspace, or other open space to incorporate
archaeological sites;
3.
"Capping" or covering archaeological sites with a layer of soil before
building tennis courts, parking lots, or similar facilities. Capping may be
used where:
a. The soils to be covered will not suffer serious compaction;
b. The covering materials are not chemically active;
c. The si te is one in which the natural processes of deterioration have
been effectively arrested; and
d. The site has been recorded.
4. Deeding archaeological sites into permanent conservation easements.
m. If the Lead Agency determines that a project may affect an archaeological resource, the
agency shall determine whether the effect may be a significant effect on the environ-
ment. If the projec.t may cause damage to an important archaeological resource, the
project may have a significant effect on the environment. For the purposes of CEQA,
an "important archaeological resource" is one which:
A.
Is associated with an event or person of:
I. Recognized significance in California or American history; or
2. Recognized scientific importance in prehistory.
B. Can provide information which is both of demonstrable public interest and useful
in addressing scientifically consequential and reasonable archaeological research
questions,
L-I
Resolution Number
9'';';2
Ory oj $em BetJch CEj2.4 GuUkU""s
NtJvember, 1992
C. Has a special or particular quality such as oldest, best example, largest, or last
surviving example of its kind,
D. Is at least 100 years old and possesses substantial stratigraphic integrity, or
E. Involves important research questions that historical research has shown can be
answered only with archaeological methods.
IV.
If an archaeological resource is not an important archaeological resource, both the
resource and the effect on it shall be noted in the Initial Study or EIR but need not be
considered further in the CEQA process.
I
V. If avoidance of the important archaeological resource is not feasible, the Lead Agency
should include an excavation plan for mitigating the effect of the project on the qualities
which make the resource important under Section m.
A. If an excavation plan is prepared, it shall:
1. Be a brief summary of the excavation proposed as part of a mitigation
plan;
2. Be available for review only on a need-to-know basis;
3. Not include the specific location of any archaeological resources if the
plan will be made known to the general public.
B. An excavation plan may:
1.
List and briefly discuss the important information the archaeological
resources contain or are likely to contain;
I
2. Explain how the information should be recovered to be useful in
addressing scientifically valid research questions and other concerns
identified in subdivision (a);
3. Explain the methods of analysis and, if feasible, display of excavated
materials;
4. Provide for final report preparation and distribution; and
5. Explain the estimated cost of and time required to complete all activities
undertaken under the plan.
C. The Lead Agency may require a mitigation plan to be carried out as a condition
of approval of the project.
VI. A public agency following the federal clearance process under the National Historic
Preservation Act or the National Environment Policy Act may use the documentation
prepared under the federal guidelines in the place of documentation called for in this
appendix.
VII Um '-': u,': ft':
. "....onr on mu.p....on.
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Special rules apply to mitigating significant effects on important archaeological resources.
A. If it is not feasible to revise the project to avoid an important archaeological
resource, the Lead Agency sball require tbe project applicant to guarantee to pay
L-2
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Resolution Number ~-PZ
Oty of Seol &ot:h CEQA GuideliMs
November, 1992
one half of the cost of mitigating the significant effect of the project on important
archaeological resources.
1.
In determining the payment to be required from the applicant, the Lead
Agency shall consider the in-kind value of project design or expenditures
intended to permit any or all important archaeological resources or
California Native American culturally significant sites to be undisturbed
or preserved in place.
a. Consideration of in-kind values does not require a dollar for dollar
set-off against the payment by the project applicant.
b. In deciding on an appropriate set-off, the Lead Agency shall
consider such factors as whether the project design or expenditures
would provide other benefits to the applicant and whether the
design or expenditures required special changes in the project
plans.
2. When it decides to carry out or- approve the project, the Lead Agency
shall, if necessary, reduce the mitigation measures specified in the EIR to
those which can be funded with:
a. The money guaranteed by the project applicant, and
b. Money voluntarily guaranteed by any other person or persons for
the mitigation.
3.
In order to allow time for interested persons to provide a voluntary
funding guarantee, the Lead Agency shall not decide to carry out or
approve a project having a significant effect on important archaeological
resources until 60 days after completing the final ElR on the project.
4. In no event shall the Lead Agency require the applicant to pay more for
mitigation within the site of the project than the following amounts:
a. One half of one percent of the projected cost of the project, if the
project is a commercial or industrial project.
b. Three fourths of one percent of the projected cost of the project
for a housing project consisting of one unit.
c. If a housing project consists of more than one unit, three fourths
of one percent of the projected cost of the first unit plus the sum
of the following:
(i) $200 per unit for any of the next 99 units,
(ii) $150 per unit for any of the next 400 units,
(iii) $100 per unit for units in excess of 500.
B.
Unless special or unusual circumstances warrant an exception, the field
excavation phase of an approved mitigation plan shall be completed within 90
days after the applicant receives the final approval necessary to begin physical
development of the project.
L-3
Resolution Number ~ ..~
at)' 01 ~al B~ach CEQA GuUkUnes
NOWJmb~r. 1992
I. With a phased project, the mitigation plan shall be completed within 90
days after approval is granted for the phased portion to which the specific
mitigation measures apply.
2. The project applicant can elect to extend the time limits for completing the
field excavation phase of the approved mitigation plan.
3.
A mitigation plan shall not authorize violation of any law protecting
American Indian cemeteries.
I
C. Excavation as part of a mitigation plan shall be restricted to those parts of an
important archaeological resource that would be damaged or destroyed by the
project unless special circumstances require limited excavation of an immediately
adjacent area in order to develop important information about the part of the
resource that would be destroyed.
D. Excavation as mitigation shall not be required for an important archaeological
resource if the Lead Agency determines-that testing or studies already completed
have adequately recovered the scientifically consequential information from and
about the resource, provided that the determination is documented in the EIR.
E. The limitations on mitigation shall not apply to:
1. A public project if the Lead Agency decides to comply with other
provisions of CEQA that apply to mitigation of significant effects, and
2.
A private project if the applicant and the Lead Agency jointly elect to
comply with other provisions of CEQA that apply to mitigation of signi-
ficant effects.
I
F. The time and cost limitations described in this section do not apply to surveys and
site evaluation activities intended to determine whether the project location
contains archaeological resources, and if so, whether the archaeological resources
are important as defined in this appendix.
VIII. Discovert! of Human Remains.
A. In the event of discovery or recognition of any human remains in any location
other than a dedicated cemetery, there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains until:
I. The coroner of the county in which the remains are discovered has been
informed and has determined that no investigation of the cause of death
is required, and
2. If remains are of Native American origin,
a.
The descendants from the deceased Native Americans have made
a recommendation to the landowner or the person responsible for
the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and any associated grave
goods as provided in Public Resources Code Section 5097.98 or
I
b. The Native American Heritage Commission was unable to identify
a descendant or the descendant failed to make a recommendation
within 24 hours after being notified by the commission.
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Resolution Number ~-~
Oly of Seal Beach CEQA Guide/1M'
November. 1992
B. Where the following conditions occur, the landowner or his authorized
representative shall reinter the Native American human remains and associated
grave goods with appropriate dignity on the property in a location not subject to
further subsurface disturbance: .
1.
The Native American Heritage Commission is unable to identify a
descendant;
2. The descendant identified fails to make a recommendation; or
3. The landowner or his authorized representative rejects the recommendation
of the descendant, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
C. If the human remains are discovered before the Lead Agency has finished the
CEQA process, the Lead Agency shall work with the Native American Heritage
Commission and the applicant to develop an agreement for treating or disposing,
with appropriate dignity, of the human remains and any associated grave goods.
Action implementing such an agreement is exempt from:
1. The general prohibition on disinterring, disturbing, or removing human
remains from any location other than a dedicated cemetery (Health and
Safety Code Section 7050.5).
2. The requirements of CEQA and the Coastal Act.
IX. As part of the objectives, criteria, and procedures required by Section 21082 or as part
of conditions imposed for mitigation, a Lead Agency should make provisions for
archaeological sites accidentally discovered during construction. These provisions should
include an immediate evaluation of the find. If the find is determined to be an important
archaeological resource, contingency funding and a time allotment sufficient to allow
recovering an archaeological sample or to employ one of the avoidance measures should
be available. Construction work could continue on other parts of the building site while
archaeological mitigation takes place.
L-5
Resolution Number q;; -.:z
Oly of Seal Beach CEQA GIIiIk/iM'
November. 1992
APPENDIX M
NOTICE OF EXEMPTION
TO: County Clerk
County of Orange
700 Civic Center Drive, Room D-loo
Santa Ana, CA 92701
Projec1 ntle
Project LocQJion-Specijic
Project LocQJion-Ciry
Project LocaJion-Counry
Description of NQJure, Purpose, and Beneficiaries of Projec/
Name of Public Agency Approving Project
Name of Person or Agency Carrying Out Project
Exempt StQJus: (Check One)
Ministerial (14 Calif. Admin. Code ~15268)
Declared Emergency (14 Cal. Admin. Code ~15269(a)
Emergency Project (14 Cal. Admin. Code ~15269(b) & (c))
Statutory Exemption. (14 Cal. Admin. Code U 15260 ~ SQ.
Categorical Exemption. (14 Cal. Admin. Code UI5300 ~ KQ.) State class and
section number:
Reasons why project is exempt:
Contact Person
Area Code Telephone
Extension
Date Received for Filing:
Signature
Title
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Resolution Number 9.1..:l
Oly of Seal Beach CEQA GuideUMs
November. 1992
-'.
APPENDIX 0
LIST OF STATUTORY EXEMPTIONS
The following is a partial list of statutory exemptions which are available pursuant to the Public
Resources Code ~ 21 080 ~, and other provisions of state law, as listed below, which should
be referred to whenever additional detail or clarification is necessary. This list is not exclusive I
of other available exemptions. This list is provided for convenience, therefore if there is any
conflict between this list and state law, the state law controls.
1. Projects undertaken by a local agency to implement a rule or regulation imposed by a
state agency,' board, or commission under a certified regulatory program pursuant to
Section 21080.5 of the Public Resources Code. Any site-specific effect of the project
which was not analyzed as a significant effect in the plan or other written documentation
required by Section 21080.5 is not exempt from the requirements of CEQA.
2. A project involving only feasibility or planning studies for possible future actions which
the agency, board, or commission, has not approved, adopted, or funded does not require
the preparation of an E1R or negative declaration but does require consideration of
environmental factors. This section does not apply to the adoption of a plan that will
have a legally binding effect on later activities.
3.
Activities or approvals pursuant to the California Coastal Act by local governments which
are necessary for the preparation and adoption of a local coastal program pursuant to
Division 20 of the Public Resources Code; provided, however, that certification of a
local coastal program by the California Coastal Commission pursuant to Chapter 6
(commencing with Section 30500) of Division 20 the Public Resources Code shall not
be exempt.
I
4. Adoption by a city or county of an ordinance to implement the provisions of Sections
65852.1 or 65852.2 of the Government Code.
5. The conversion of an existing rental mobilehome park to a resident initiated subdivision,
cooperative, or condominium for mobilehomes if the conversion will not result in an
expansion of or change in existing use of the property.
6. Local agencies are exempt from the requirement to prepare an E1R or negative
declaration on the adoption of timberland preserve zones under Government Code
Sections 511oo~.
7. The adoption of a local ordinance exempting a jurisdiction from solar shade control
requirements pursuant to Section 25985 of the Public Resources Code.
8. Approval by a local agency of a large family day care home providing family day care
for 7 to 12 children, pursuant to Section 1597.46(b) of the Heal~ & Safety Code.
9.
Any project which only involves the repiping, redesign, or use of reclaimed water by a
nonresidential structure necessary to comply with a requirement issued by a public
agency pursuant to Section 13554(a) of the Water Code. This exemption shall not apply
to any project to develop reclaimed water, to construct conveyance facilities for
reclaimed water, or any other project not specified in Section 13554{a) of the Water
Code.
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, Resolution Number ~-a2
APPENDIX P
CALlFORJ~IA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project TitlelLocation (include County): I
Project Description: I
I Findings of Eumption (attach as necessary): I
1.
2.
Certilication: I
I hereby certify that the public agency has made the above findings and that the project will not
individuall)' or cumulativel)' have an adverse effect on lI"ildlife resources, 85 defined in Section 711.2 of
the Fish and Game Code.
(Chief Planning Official)
Title: Director of DeveloDment Services
Lead Agency: Ci,," of Seal Beach
Date:
lec:tillll 711 4, Filii IIIlI Game Code
DFO:IZI90
P-l
Resolution Number ~-~
Oly of Seal Beach CEQA GIIiIk/i~s
November. 1992
CERTIFICATE OF FEE EXEMPTION
Findings of Exemption
1. Project 7itlelLocQJion Name and Address of Project Proponent (include county):
2. Project Description:
3. An initial study, dated , has been conducted so as to evaluaJe the
potential for adverse environmental impact.
4.
When considering the record as a whole, there is no evidence before the agency thaI the
proposed project will have potentialfor adverse effect on wildlife resources or the habitQJ
upon which the wildlife depends, because:
S. On the basis of substantial evidence, the lead agency has rebutted the presumption of
adverse effect contained QJ Section 753.5(d), ntle 14 of the California Code of
RegulQJions, because:
_(I)
No presumption arises because there is no evidence the project will result
in changes to the resources listed at Section 753.5{d}.
_(2)
Notwithstanding the presumption, the project does not have the potential
for adverse effect on fish and wildlife resources or the habitat upon which
the wildlife depends, because:
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