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Home My WebLink AboutRDA Res 90-3 1991-01-28 RESOLUTION NUMBER 90-~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED, AND REPEALING RESOLUTIONS NO. 85-3 AND 86-3 THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH DOES I HEREBY RESOLVE: Section 1. In accordance with Public Resources Code Section 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, as amended, and the Guidelines of the Secretary for the Resources Agency, as amended. Section 2. Resolutions No. 85-3 and 86-3 are hereby repealed. PASSED, APP of t~1IIfi ty of Sea ert. - day of D AND ADOPTED by the Redevelopment Agency Bach at a meeting thereof held on the , 1991, by the following vote: AYES: Agency Me NOES: ABSENT: ~..;' .)A$rl~ irman I STATE OF CALIFORNIA I COUNTY OF ORANGE l SS CITY OF SEAL BEACH l I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, and Secretary of the Seal Beach Redevelopment Agency, do hereby certify that th~O~gOing Resolution is the original copy of Resolut' Number w on file in the office of the City Clerk, passed, ap roved, and adopted by the Redevelopment Agency o~~ City 0 Se 1 Beach at a meeting thereof held on the ~day of , 1991. I I I I I. II. III. THE EIR PROCESS A. B. C. D. E. F. GENERAL A. B. c. D E. F. THE A. B. C. D. THE A. B. C. D. E. F. G. H. I. J. K. IV. G. H. I. J. Resolution Number CITY OF SEAL BEACH CEQA GUIDELINES [Revised 1990] TABLE OF CONTENTS . . . . Use ... Definitions . Exemntions From CEOA . . . . . . . . . . . ADDlication of CEOA to Discretionarv proiects Submission of Data bv ADDlicant Fees . . . . . . . . . . . . . PRELIMINARY REVIEW PROCESS ReceiDt of ADDlication Determination of ExemDtion Initial studv ...... . Determination Whether an EIR Is Reauired NEGATIVE DECLARATION PROCESS ..... Decision to PreDare a Neaative Declaration Contents . . . Public Notice .. ..... Public Review Period . . . . . Review bv Other Public Aaencies .. Review of proiects of statewide, Reaional. or Areawide sianificance Final ADDroval/Findina ADDeal of Final ADDroval Notice of Determination Time Limit . . . . . Mitiaation Monitorina . . . . . . Decision to PreDare an EIR PreDaration of the Draft EIR Public Review of Draft EIR .. Evaluation of Comments bv Lead Aaencv The Final EIR .............. Decision Whether to ADDrove or Carrv Out the proi ect ............... Findinas ... . . . . . . . . . . . . statement of Overridina considerations Notice of Determination Mitiaation Monitorina . . . . . FILINGS REQUIRED BY CEQA A. Notice of PreDaration B. Notice of ComDletion . C. Notice of Determination V. MITIGATION MONITORING . . . A. Proaram to Insure ComDliance B. Measures Reauested bv State and Federal Aaencies C. proiects of statewide. Reaional, or Areawide Concern .................... VI. APPENDICES: A. C~QA Process Flow Cp~rt B. Environmental Information and Checklist Form C. List of Categorical Exemptions D. Status of Application Form E. Notice of Preparation F. Notice of Completion and Public Notice Forms G. Notice of Determination . . 9c;... :3 1 1 1 3 5 5 5 . 6 6 6 7 8 8 8 9 9 10 10 10 10 11 11 11 11 11 11 12 16 17 17 18 18 18 19 19 19 19 19 20 21 21 21 22 . Resolution Number ~~8 H. Negative Declaration and Public Notice Forms I. Examples of significant Effects J. Energy Conservation Measures K. Projects of statewide, Regional or Areawide Significance L. Archaeological Impacts M. Notice of Exemption N. Chart of Time Limits I I I I I I Resolution Number ~~~ 1. GENERAL. A. Use. These Guidelines, effective , 1990, 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 ~ sea. ("CEQA"), and the state CEQA Guidelines promulgated by the Resources Agency, as amended, wpich 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) Develooment Pro;ect. "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 dredqed 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 har- vesting 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 not include approval of a ministerial project. (2) Discretionarv Pro;ect. "Discretionary project" means a project which requires the exercise of judg- ment, deliberation, or decision on the part 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. (3) Environmental Imoact Reoort. "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. Resolution Nu~er ~-" (4) Initial studv. "Initial study" means a prelimi- nary 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. (5) Jurisdiction bv Law. lawful authority exercised the resources which may be includes a city, county or the site of the project. "Jurisdiction by Law" means by any public agency over affected by a project, and other jurisdiction which is (6) Lead Aaencv. "Lead Agency" means the local agency I (i.e., the City), which has the principal responsi- bility for carrying out or approving a project, and which shall prepare the environmental documents for a project. (7) Mitiaation. "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 pro- ject, and/or compensating for an impact by replacing or providing substitute resources or environments. (8) Neaative 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 signifi- cant effect on the environment and therefore does not require the preparation of an EIR. (9) Proiect. "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 adop- tion and amendment of local General Plans or elements thereof pursuant to Government Code sections 65100 through 65700; (b) An activ~ty 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; (c) An activity involving the issuance to a per- son 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. (10) Responsible Aaencv. "Responsible Agency" means a public agency, other than a Lead Agency, which has responsibility to carry out or approve a project. (11) sianificant Environmental Effect. "significant environmental effect" means a substantial, or poten- tially 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 I I I I I aesolu~ion Number ~~ 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: (a) The project has the potential to substan- tially degrade the quality of the environ- ment, 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 exam- pIes of the major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the dis- advantage of long-term environmental goals; (c) The project has possible environmental ef- fects 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 con- . nection 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. of consequences which normally have a sig- effect on the environment are listed in "I. II Examples nificant Appendix (12) Transoortation Aaency. "Transportatl.on 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. (13) Trustee Aaencv. "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. Exemotions From CEOA. 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) All Ministerial Proiects. 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. (2) Cateaorical Exemotions. These are classes of projects which have been found by the Secretary for Resources not to have a significant effect on environ- ment. A list of these exemptions is set forth in Appendix "c" of these Guidelines. Resolution Number tfO-:3 (3l certain Emerqencv Actions and Proiects. 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. (4) projects which the Lead Agency rejects or disapproves. (5) 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, I (c) Meeting financial reserve needs and requirements, (d) Obtaining funds for capital projects, neces- sary to maintain service within existing service areas, or (e) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. (6) Activities and approvals by any local government, as defined in Section 30109 of the Public Resources I Code, necessary for the preparation and adoption of a local coastal program pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code). (7) 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. (8) The restriping of streets or highways to relieve traffic congestion. (9) Projects less than one mile in length in any pUb- lic riqht-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. I I I I .Resoi~ttpn Number ~-~ D. ADDlication of CEOA to Discretionarv Proiects. 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 dis- cretionary governmental action, and which may have a significant effect on the environment either individ- ually or cumulatively. See Part IV below. E. Submission of Data bv ADDlicant. (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, and to assist in the preparation of an Initial study, Negative Decla- ration, or EIR by the Lead Agency. A completed "Envi- ronmental 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 pre- paring an Initial study, Negative Declaration, or EIR, 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, will be required to initiate an appeal of a Lead Agency's final adoption of the Negative Declara- tion under section III.H of these Guidelines. II. THE PRELIMINARY REVIEW PROCESS. A. ReceiDt of ADDlication. (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 applica- tion may be determined to be incomplete if any neces- sary environmental information or data is omitted. Further, subsequent to the determination an application Resolution Number ~w!3 is complete, an applicant may be required to amplify, correct, or otherwise supplement the application. (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 I (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. B. Determination of ExemDtion. 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.l 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 I 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. A copy of the Notice of Exemption form is provided as Exhibit M to these Guidelines. C. Initial studv. (1) 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 signifi- cant effect on the environment, unless Staff can determine that the project will clearly have a signifi- cant 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 appli- cant to modify a project to mitigate adverse impacts or to assist the preparation of an EIR. (2) PurDoses. 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. (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 deter- mined to be significant, I . Resolution Number ~wo I 2. Identifying the effects determined not to be significant, and 3. Explaining the reasons 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. (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) Earlv Consultation with other Aaencies and the Annlicant. I (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 determine if the applicant is willing to modify the project to reduce or avoid any significant effects identified in the study. (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 tae Transportation Planning Group of the Southern California Association of Governments (SCAG) and trans- portation agencies as defined in section I.B.12 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. I (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 sig- nificant environmental effects would occur. In that case, a Negative Declaration shall be pre- pared 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 in one or more sig- nificant 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 Resolution Number ~~3 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; I (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; (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 Whether an EIR Is Reauired. The determination whether an EIR or a Negative Declara- tion is required 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. I III. THE NEGATIVE DECLARATION PROCESS. A. Decision to PreDare a Neaative Declaration. A proposed Negative Declaration shall be prepared for a project subject to CEQA when either: . (1) The initial study shows that there is no substan- tial evidence that the project may have a significant effect on the environment; or (2) The initial study identified potentially signifi- cant effects but: (a) Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Negative Declaration is released for pub- lic review would avoid the effects or mitigate the effects to a point where clearly no significant effect would occur, and (b) There is no substantia 1 evidence before the Lead Agency that the project as revised may have a I 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.ll 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. ,Resolutlon Number ~ - .:s I A Negative Declaration shall be written and include: (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; (3) A finding that the project will not have a signif- icant effect on the environment; (4) An attached copy of the Initial Study documenting reasons to support the finding; and (5) Mitigation measures, if any, included in the pro- ject to avoid potentially significant effects. A form for Negative Declarations appears in Exhibit H to these Guidelines. I C. Public Notice. Notice that the Lead Agency proposes to adopt a Nega- tive Declaration shall be provided prior to its final -approval to all orqanizations and individuals who have previously requested such notice and shall also be given to the public by at least one of the following procedures: (1) PUblication at least one time, as required by Sec- tion 6061 of the Government Code, in a newspaper of genera 1 circulation in the area affected by the pro- posed 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. A public notice form appears in Exhibit H to these Guidelines. D. Public Review Period. I The proposed Negative Declaration shall be made avail- able 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 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 bv othez Public Aaencies. (1) The Lead Agency shall consult with all Responsible Agencies, Trustee Agencies, and agencies having juris- diction by law ove~ 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. (2) If a project involves the construction or altera- tion of a facility within one-fourth (~) of a mile of a Resolution Number ~ public school and may cause hazardous or acutely haz- ardous air emissions, as those terms are defined in Sections 25532 and 44321 of the Health and Safety Code, 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 Decla- ration; and (b) Consult with that district regarding the potential impact of the project on the school. I F. Review of Pro;ects of statewide. Reaional. or Areawide Sianificance. (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 Nega- tive Declaration 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. 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. G. Final ADDroval/Findina. Prior to approving the project, the decision-making I body shall consider the Negative Declaration and any comments received during the public review period and approve or disapprove the Negative Declaration. 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 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. I I I I, Resoiuti'on Number ~ -.5 H. Appeal of Final Approval. Approval or 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. I. Notice of Determination. 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'. Mitiaation Monitorina. If the Lead Agency has conditioned approval of a pro- ject for which a Negative Declaration has been prepared upon the implementation of measures to mitigate poten- tial adverse environmental effects or if such mitiga- tion 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. IV. THE EIR PROCESS. A. Decision to Preoare an EIR. (1) If the Lead Agency finds after an Initial study, and despite any mitigation measures implemented under Section II or III 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 substantia 1 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 substantia 1 evidence before the agency that the project may have a significant effect on the environment. 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 Guide- lines. The agencies notified shall have thirty (30) days in which to respond to the Notice and a draft EIR Resolution Number tliJ ..:3 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. (2) Earlv 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 appli- cant for a private development project provided that I the applicant requests such consultation within thirty (30) days of the decision to require an EIR and pays for the cost of such consultation. (3) Means of Preparation: (a) The Lead Agency may choose one of the fol- lowing 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. (b) Before using a draft EIR prepared by another person, the Lead Agency shall itself review and analyze the draft EIR. The draft EIR which is sent out for public review shall reflect the inde- pendent judgment of the Lead Agency. The Lead I Agency is responsible for the adequacy and objec- tivity of the draft EIR. (4) Format: (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 3. Issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects. I (c) The information contained in an EIR shall include summarized technical data, maps, plot plans, diagrams, and similar relevant information sufficient to permit full assessment of signifi- cant environmental impacts. Highly specialized and technical data, however, should be included in appendices rather than in the main body of the report. ~eso~ution Number ~d-~_ (d) The EIR should be prepared using a system- atic, interdisciplinary analysis, but no single discipline shall be designated or required to undertake this evaluation. I (e) The EIrt shall reference all documents used in its preparation and can incorporate any document by reference. The ErR shall state where an incor- porated document will be available for inspection. (f) An EIR prepared for a genera 1 or specific plan or zoning ordinance may be used as the foun- dation document for subsequent EIR's prepared for specific projects within the geographic area covered by the pIan or ordinance. (5) Contents. pages in most information: A Draft EIR should be less than 150 cases and shall contain the following (a) Description of Pro;ect. A description of the project including the following information but only in sufficient detail to allow evaluation and review of the environmental impact: I 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 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. (b) Description of Environmental Settinq. 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 between the proposed project and applicable genera 1 and regional plans. (c) Cumulative Impacts. The change in the environment which will result from the incrementa 1 impact of the project when added to other, closely related past, present, and reasonably foreseeable future projects in the region shall be discussed when found to be significant. A list of such related projects and a summary of their expected environmental effects shall also be included. (d) Environmental Impact. All phases of a pro- ject shall be considered when evaluating its impact on ~he environment: planning, acquisition, 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 I Resolution Number 0 -~ 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 sianificant environmental effects of the proposed project, including direct and indirect and short- and long-term effects. A I copy of the Initial study shall be attached to the EIR to provide the basis for limiting the impacts discussed. 2. Anv sianificant 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. Mitiaation measures proposed to minimize the significant effects including avoidable, adverse impacts, and any inefficient and unnecessary consumption of energy. This dis- cussion 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. If a mitigation I 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. 4. Housina, 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 com- parable level of mitigation. 5. Archaeoloaical 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 all reasonable alternatives to the I project, or to the location of the project, which could feasibly attain the basic objec- tives 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 I I C. I ij.eso~:ut-i~~ Number %-~ identify an environmentally superior alternative among the other alternatives. 7. The relationshiD between local short- term uses of man's environmental and the maintenance and enhancement of lona-term Droductivity, 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. Anv sianificant irreversible environ- mental chanaes which would be involved if the proposed action is implemented, including uses of nonrenewable resources and irrever- sible commitments of resources, should be evaluated to assure proposed consumption is justified. 9. The arowth-inducina imDact of the pro- posed 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) Oraanizations and Persons Consulted. The identity of all federal, state, or local agencies, other organizations and private individuals con- sulted in preparing the EIR, and the identity of the persons, firm, or agency which prepared the EIR. 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, other agencies having jurisdiction by law with respect to the project, and with any city or county which borders on a city or county within which the pro- ject is l~cated, and consult with persons or agen- cies whic~ have special expertise with respect to any environmental impact involved. (b) If a project involves the construction or alteration of a facility within a quarter mile of a pUblic school and may cause hazardous or acutely hazardous air emissions, as those terms are defined in Sections 25532 and 44321 of the Health and safety Code, the Lead Agency shall: (i) Provide the relevant school district with written notice of the project not less than thirty (30) days prior to certification of the EIR; and (ii) Consult with that district regarding the potential impact of the project on the school. Resoluti(im Number 9/;-,,8_ (2) 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 organi- zations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the project; or I (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 con- tiguous to the project site. (3) Public Review Period. In order to allow suffi- cient 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 at the offices of the Planning Department of the Seal Beach and at public libraries in the city: (4) Proiects of statewide, Reaional. or Areawide Sianificance. 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 sig- I nificance 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 con- sultation with other agencies, but before certification of the final EIR, new notice and consultation under subparagraphs (1) through (4) of this paragraph shall be required. I Resol~tion~ :Number q'o-~ D. Evaluation of Comments bv Lead Aaencv. staff shall evaluate comments on environmental issues received from persons, organizations, and public agen- cies who reviewed the Draft EIR and shall respond in writing to significant environmental issues raised. The response may be in the form of a revision of the Draft EIR or an attachment to it. I E. The Final EIR. (1) PreDarat~on. The Lead Agency shall prepare a Final EIR consisting of: (a) The Draft EIR or a revision of the Draft; (b) Comments on the Draft EIR received during the public review period either verbatim or in summary; (c) A list of persons, organizations, and public agencies commenting on the Draft EIR; and (d) The responses of the Lead Agency to signifi- cant environmental points raised in the review and consultation process, which may be in the form of a revision of the Draft EIR 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. I (2) Certification. The Final EIR shall be presented for review and consideration to the decision-making body of the Lead Agency. The Lead Agency shall certify that the Final EIR has been completed in compliance with CEQA and the state Guidelines and that the deci- sion-making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the EIR prior to approving the project. Staff may make this certification. 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 EIR within one year from the date on which the application was determined to be complete. If circumstances justify more time, a reasonable extension may be granted upon consent of the applicant. (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 extension of time to certify an EIR is granted, however, the project shall be approved or disap- proved within ninety (90) days after the certifi- cation of the EIR, 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 EIR, unless the applicant consents to a later decision. Appendix N illustrates the time limits discussed in these Guidelines. Resolution Number ~ -3 F. Decision Whether to ADDrove or Carrv out the Proiect. 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 signifi- cant effect on the environment, or (2) The Lead Agency has: (a) Eliminated or sUbstantially reduced all sig- nificant effects on the environment, where feasible, as shown in findings pursuant to Section IV.G of these Guidelines; and I (b) Determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding concerns set forth pursuant to Section IV.H of these Guidelines. G. Findinas. (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. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency 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. I (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 above findin~s shall be made for each of the significant effects identified, 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 project 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 I Section IV.B(5) (d)6 of these Guidelines was rejected in favor of the project as approved. I I I - ~ ~ Resolution Number ~d.~ H. statement of Overridinq Considerations. 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 findings are made pursuant to Section IV.G(l) (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. Notice of Determination. 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. J. Mitiqation Monitorinq. If the Lead Agency has made findings under Section IV.G(l) above, the Lead Agency shall adopt a reporting or monitoring program pursuant to Part VI of these Guidelines. V. FILINGS REQUIRED BY CEQA. A. Notice of Preparation. (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 pro- vided information to the Lead Agency after consultation pursuant to section II.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 Preparation 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 10cation 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. (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. Resolution Number ~ - 3 (1) When the Draft EIR is completed, a Notice of Completion shall be filed 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 Not~ce of Completion shall be provided prior to the certification of an EIR to all organizations and I individuals who have previously requested 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 (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 ErR 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. . I C. Notice of Determination. (1) For a Neaative 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 prQject 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) been and A statement that a Negative Declaration has prepared pursuant to the provisions of CEQA; I (f) The address where a copy of the Negative Declaration may be examined. (2) For an EIR: If the Lead Agency approves a project for which an EIR has been prepared, the Lead Agency Resolutio"n. Number ~ - :3 . . 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; I (c) The date the project was approved; (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 cer- tified pursuant to the provisions of CEQA; (f) Whether mitigation measures were made a con- dition of the approval of the project; (g) Whether findings regarding significant envi- ronmental effects were made pursuant to para- graph IV.G of these guidelines; (h) Whether a statement of overriding considera- tions was adopted for the project; and (i) The address where a copy of the EIR and the record of project approval may be examined. I (3) 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 (5) 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. (4) 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 521167.) Failure to file a notice of determination will result in a larger statute of limitations. (5) The Notice of Determination shall be provided to all organizations and individuals who have previously requested such notice. I Resolution Number q~-3 VI. MITIGATION MONITORING A. Proqram to Insure ComDliance. If a reporting or monitoring program is required under Section III.K or section IV.J 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 I 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 bv state and Federal Aqencies. 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. proiects of Statewide, Reqional. 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 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 I I I I Resolut;ion Number ~ -3 APPENDIX A CEQA PROCESS FLOW CHART APPENDIX B ENVIRONMENTAL INFORMATION AND CHECKLIST FORM (Initial study) Date Submitted: No. GENERAL !NFORMATION 1. Name and address of developer or project sponsor: 2. Address of project: Assessor's Block and Lot Number 3. Name, address, and telephone number of person to be contacted concerning this project: 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: 5. Existing zoning district: Proposed use of site (Project for which this form is filed): 6. ~-? Resolution Number PR03ECT D~SCRIPTION 7. Site size: 8. Square footage: 9. Number of floors of construction: 10. Amount of eff-street parking provided: 11~ (Attach plans.) 12. .Proposed scheduling: 13. Associated projects: 14. Anticipated incre~ental development: I 15. If t.his is a residential project, indicate the number of unit.s, schedule of unit sizes, range of sale prices or rents, and type of household size expected: 16. If this is a commercial project, indicate the type of project, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facil~ties: 17. If this is an industrial project, indicate the type of project, estimated employment per shift, and loading facilities: I 18. If this is an institutional project, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 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 Resolution Number ~-O 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. I 22. Change in pattern, scale or character of general area of project. 23. Signiticant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. 26. - - 27. - - 28. - - 29. I - 30. 31. Change in ocean, bay, quality or quantity, drainage patterns. lake, stream or ground water or alteration of existing Substantial change in existing noise or vibration levels in the vicinity. Site on filled land or on slope of 10 percent or more. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. Substantial change in de~and for municipal service (poliee, fire, water, sewage, etc.). Substantially increase fossil fuel consumptian (electricity, oil, natural gas, etc.). Relationship to a larger project or series of . ~ proJec..s. 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 I (Please explain all "yes" and "maybe" answers on separate sheets. ) 34. Earth. Will the proposal result in: ~ MAYBE -HQ 8. Un stab Ie earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. Change in topography or ground surface re~ief features? Resolution Number tf/;...~ 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 Bite? f. Changes in deposition or erosion of beach .ands, 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? g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, qround failure, or similar hazards? 35. AiL. 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 result 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 addi- tions 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? - I I I I I I Re~olu'tion Number ~ -.3 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 ~f the numbers of any unique, rare 01 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 shell- fish, 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 hebitat? . 39. Noise. Will the proposal result in: A. Increases in existing noise levels? b. Exposure of people to severe noise levels? 40. Liaht and Glare. Will the proposal produce new light or glare? 41. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 42. "Natural Resources. Will the proposal result in: A. Increase in the rate of use of any natural resources? b. Substanttal depletion of any nonrenewable natural resource? ~ MAYBE tiQ Resolution NUmber ~ -:3 43. Risk of UDset. will the proposal ~nvolve: 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. PODulation. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 45. Housina. will the proposal affect existing housing, or create a demand for additional housing? 46. TransDortation/circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 47. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental se~vices 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. Enerav. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of enerqy? . xu MAYBE liQ I I I Res~olu~ion Number ~-..;t 49. utilities. Will the proposal result in a need for new systems, or substantia 1 altera- tions to the following utilities: I a. Power or natural gas? 1:l. 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: I a. Creation of any health hazard or potential health hazard (excluding mental health)? 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 pub1'ic, or will the proposal result in the creation of an aesthetically o~fensive 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? 1:l. Will the proposal result in ac:!verse physical or aesthetic effects to a prehistoric or historic 1:luilc:!ing, 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? 54. Mandatorv Findit.as of Sianificance. I a. Does the project have the poten- tial to d...;rade 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 commun- i ty, 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? 'Resolution Number 40-? b. Does the project have the poten- tial to achieve short-term, to the disadvantage of long-term, environ- mental 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.l d. Does the project have environ- mental effects which will cause substantial adverse effect on human beings, either directly or indirectly? I I CERTIFICATION: I hereby certify that t.he 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 t.rue and correct to the best of my knowledge and belief. Date (Signature) For (Applicant) I I I I Date , " Resolution Number ~-:3 DISCUSSION OF ENVIRONMENTAL EVALUATION AND DETERMINATION (To be completed by the Lead Agency - may be attached on separate sheets) 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 descri.bed on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) F~ (Lead Agency) , Resolution Number t?t, -L3 APPENDIX C LIST OF CATEGORICAL EXEMPTIONS Note: A categorical exemption may ~ be used for a project where there is a reasonable possibility that the project will have a significant effect on the environment due to unusu~l eirc:umstances. Class 1: Existina Facilities. Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or prtvate structures, facilities, mechanical equipment, or topo- graphical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: I (a) Interior or exterior alterations involving such things as 'interior partitions, plumbing, and electrical conveyances; publicly-o....ned natural gas, Existing facilities of both investor and utilities used to provide electric power, sewerage, or public utility services; (c) Existing highways and streets, side....alks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity ....ill involve removal of a scenic resource incl uding , but not 1 imi ted to, a stand of trees, a rock outcropping, or an historic building. (b) (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: (11 50 percent of the floor area of the structures I before the addition, or 2500 square feet, whichever is less; or (f) (g) (h) (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 environmentally sensitive. Addition of safety or health protection devices for' use during construction of or in conjunction with eXisting .structures, facilities or mechanical equipment, or topo- graphical features including navigational devices; New copy on existing on and Off-premise signs; Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Aqricultural Code); Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, sprinqs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (j) Fish stocking by the California Department of Fish and Gall\e. I (i) (k) Division of existing multiple-family rental units into condominiums. I I I Resolution Number ~-::t (1) Demolition and removal of individual small structures listed .in this subsection except where the structures are of histor- ical, archaeological, or architectural significance: (1) Single-family residences not in demolition of two or more such units. three single-family residences may be exemption. (2) Motels, apartments, and duplexes or other similar struc- ture with not more than four dwelling units if not in conjunction with the demolition of two or more such struc- tures. 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. conjunction with the In urban areas, up to demolished under this . (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 dusigned for an occupant load of 30 persons or less if not demclished 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 cen- tral city or a group of 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. Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facili- ties where the new structure will be located on the same site as the structure replaced and will have substantially the same pur- pose and capacity as the structure replaced, including but not limited to: (a) Replacement or rer::onstruction of existing schools and hos- pi tals 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 connection to existing overhead electric utility distribution lines, where the surface is restored to the condition existing prior to the undergrounding. Class 3: New Construction or Conversion of Small Structures. 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 Resolution Number Y0.. 3 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, ~ut are not limited to: Single-family residences not in conjunction with the ~uilding of two or more such units. In urbanized areas, up to three single-family rP.sidences may be constructed or converted under this exemption. Apartments, duplexes and similar structures with no more than four dwelling units if not in conjunction with the ~uilding or conversion of two or more such structures. In ur~anized areas, the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling unit,S if not constructed in conjunction with the ~uilding 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. (a) (b) Cd) Water main, sewage, electrical, gas and other utility exten- sions of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, car- ports, 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 ~ut are not limited to: Grading on land with a slope of less than 10 Rercent, except that grading shall not ~e exempt in a waterway, in any wet- land, in a scenic area officially designated by federal, state or local governmental action, or in Officially mapped areas of severe geologic hazard. .New gardening or landscaping. Filling of earth into previously excavated land with material compatible with the natural features of the site. Minor alterations in land, water and vegetation on existing officially designated wildlife management areas Dr fish pro- duction facilities which result in improvement of habitat for fish and wildlife resour~es or greater fish production. Minor temporary uses of land having negligible or no perma- nent effects on the environment, including carnivals, sales of Christmas trees, etc. Cf) Minor trenching and backfilling where the surface is restored. Cal Cb) (e) (d) (e) (gJ 'Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal requ- latory agencies. I I I I I I ~eso'i1ution Number ~..-.3 (h) The creation of bicycle lanes on existing rights-of-way. Class 5: Alterations in Land 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: Information Collection. Class 6 consists of basic data collection, research, experimental management, and resource evalu- ation activities which do not result in a serious or major dis- turbance 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 7: Actions bv Reaulatorv Aaencies 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. Class 8: Actions bv Recrulatorv Aaencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to Bssure the maintenance. restoration, enhancement, or brotection of the environment where the requlatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Class 9: ZnsDections. Class 9 consists of activities limited entirely to inspection~, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misre- presentation, or adulteration of products. Class 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 viII 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: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (bl Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Class 11: Accessorv Structures. Class 11 consists of construc- tion, 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 life- quard towers, mobile food units, portable restrooms, or similar items in ge~erally the same locations from time to time in publicly ow.1ed parks, stadiums, or other facilities designed for publ~c use. Resolution Number ~ -./) Class 12: SurDlus Government Prooertv 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 Cd) of Appendix K of these Guidelines. 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, Dr inaccessibility that it is incapable of independent development or use; Dr (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: Acauisition of Lands for Wildlife Conservation Pur- Doses. 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 preserve the land in its natural condition. Class 14: Minor Additions to Schools. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption. Class 15: Minor Land Divisions. Class 15 consists of the divi- sion of property in urbanized areas zoned for residential, commer- cial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the pre- vious 2 years, and the parcel does not have a slope greater than 20%. "Urbanized area" is defined in Class 1 above. Class 16: Transfer of Ownershio of Land in Order to Create Parks. 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: Ca) 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. I I Class 17: ODen Soace Contracts or Easements. Class 17 consists I of the establishment of agricultural preserves, .the making and renewing of open space contracts under the Williamson Act, Dr the acceptance of easements or tee interests in order to maintain the ' open space character of the area. The cancellation of such,pre- aerves, contracts, interests, Dr easements is not included in this exemption. Class 18: Desianation of Wilderness Areas. Class 18 consists of the designation of wilderness areas under the California Wilder- ness System. I I I Resolution Number ~ - 3- , '\\ Class 19: Annexations of Existina Facilities and Lots for Exemnt Facilities. Class 19 consists of only the following annexations: ea) 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 smaIl parcels of the minimum size for facilities exempted under Class 3 above. Class 20: Chanaes in Oraanization of Local Aaencies. 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 exer- cised. Examples include but are not limited to: (a) Establishment of a SUbsidiary district. eb) Consolidation of two or more districts having identical powers. eel Merger with a city ~f 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 is~ued, adopted, or prescribed by the regula- tory.agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following: ea) 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. Cb) 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. Construction activities undertaken by the pUblic agency taking the enforcement or revocation action are not included in this exemption. Class 22: Educational or Trainina Proarams Involvina No Phvsical Changes. Class 22 consists of the adoption, alteration, or termi- nation of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only 1n the interior of existing school or training structures. Examples include, but are not limited to: ea) Development of or changes in curriculum or training methods. Cb) .Changes in the grade structure in a school which do not result in changes in student transportation. Class 23: Normal Onerations of Facilities for Public Gatherinas. 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. Resolution Number ~-~ Class 24: Reaulation of Workina Conditions. Class 24 consists of actions taken by regulatory agencies, including the Industr.ial Welfare Commission as authorized by statute, to regulate any 'of the following: (a) Employee wages, (bl Hours of work, or (cl Working conditions where there will be no demonstrable ,physical changes outside the place of work. Class 25: Transfers of Ownershio of Interests in Land to Preserve I ppen Soace. 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) (d) Acquisition to allow restoration of natural conditions.. Acquisition to prevent encroachment of development into flood plains. Class 26: Acauisition of Housina for Housina Assistance Proarams. Class 26 consists of actions by a redevelopment agency, housing authority, Dr other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The ho~sing units may be either in existence or possessing all re~uired permits for construction when the agency makes its final decision to acquire the units. Class 27: Leasina New Facili ties. Class 27 consists of the I 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 poli- cies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared, (b) Shall be substantially the same as that originally proposed at the time the building permit was issued, (cl Shall 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 facilities. Examples of projects within Class 27 include but are not limited to: (1) Leasing of administrative offices in newly constructed office space. I (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. Class 28: Small Hvdroelectric proiects at Existina Facilities. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: I I I Resolution Number ~ ~~ (a) The capacity of the generating facilities is 5 megawatts or less. (b) Operation of the generating facilities flow regime in the affected stream, including but not limited to: (1) Rate and volume of flow, (2) Temperature, (3) Al\lounts of dissolved oxygen to a degree that could adversely affect aquatic life, and will not change the canal, or pipeline. (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 will be no significant upstream or downstream passage of fish affected b:" t'le project. (fl The discharge flom :he power house will not be located more than 300 feEt ~rom the toe of the diversion structure. (g) The project will n~t cause violations of applicable state or federal water quality 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. Class 29: Coaeneration Proiects at Existina Facilities. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 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 ~ns~itutional facilities, the installation of cogeneration ~~~~~_'ieG will be exempt if the installation will: (1) Meet all the criteria described in subsection (al, (2) Result in no noticeable increase in noise to nearby residential structures, and (3) Be contiguous to other commercial or institutional structures. Resolution Number ~ - ~ , APPENDIX D STATUS OF APPLICATION APPLICATION NO. DATE REC'O.: APPLICANT: 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: 1-1 Sufficiently comDlete 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 comDlete. 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 LJ Additional Information/Reauirements: staff Signature Date I I I I I I Resolution Number ~ -.:1 APPENDIX E NOTICE OF PREPARATION '1'0 : FROM: (Responsible Agency) (Lead Agency) (Address I (Address) SUBJECT: Notice of Preparation of a Draft Environmental Impact Report will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the ErR ,prepared by our agency when considering your permit or other approval for the project. The project desc~iption, location, and the probable environmental effects are attached. A copy of the Initial Study 1--1 is, 1--1 is not, attached. Under State law, your response must be sent at the ear 1 iest possible date and not later than thirty (30) days after receipt of this notice. Please send your response to address shown above. Please indicate the in your agency. at the name of a contact person PROJECT TITLE: PROJECT APPLICANT, IF ~Y: DATE Signature Title Telephone Reference: Califc,rnia Administrative Code, Title 14, Se'ction 15082. Resolution Number ~ -.3 APPENDIX F NOTIce OF COMPLETION To: Office of Planning and Research State of California 1400 Tenth Street Sacramento, California 95814 Project Title Project Location - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code Phone Extension I I I I I I Resolution.Number ~-~ . ,..II to. Itate Clearf,.,ouse. 14090 Tonth Itreet, .... 121. lac:r_to, CA 95814 . 916/44S-0613 lee IIOTE 1.low IeH' IOTlCE OF ~LETlllOI AIID EIIVIIOIIMENTAL _NT FO/lM ~. I'roloct Tltlt: 2. \Nd A.....y: 30. Itreet Addre.., 3c. ecu.ty: 3. Contlct 'erson: 3b. City, 3e. Phone, 3d. Zip: 48. Ci'y/Ccmuni'y, 4c. Section TIOp. a.nge for Rurel, Sb. I.arest Community: b. Airports c. Wlur...ys PROJECT lotATION 4. County: lb. (op,Ia.a11 ASleslor's Parc.l No. SI. cro.. It reetl' 6, Within 2 Miles of. a. State Hwy. No. 7. DOCUMENT TYPE m! 01 _____ NOP 02 _____ Early C_ 03 _____ N.g Dec 04 _____ Drlf' EIR OS _____ lupplomen" l.mequen' EIR (if 10, prior SCH II 8. LOCAL ACTION TYPE 01 _____ General Plan Update 02 New Element 03 Generll Plln _rd- lnent . ~ Mister Plan OS Annexltion 06 _ SpeCific Pll" 07 _ RedevelQJlftlent 08 Rezone 09 Lind Divis;on (Subdivision, ~.rcel Tract Mlp. etc.) Use Permi t Map. 1m 06 Notice of Intent 07 _ Envl r. Assessment! FONSI 08 Dra" E1S 10 11 12 Cancel Ag Preserve Other OTHER 09 _____ Informat;on Only 10 Finol Do<unont 11 Other 9. TOTAL ACRES: II. PROJECT ISSUES DISCUSSED IN bOOJMtNT 01 __Aesthe,lc/Vilual 02 __Agricultural Lard D3 _Air Quality 04__ArchaeologlcaI/Historlcel OS _toolUI Zone 06 _Fire Hazard 07 _F100dI,.lDralnage D8 _Geologlc/Sellmic 17 _SOLId Waite 18 _TOlllc/H8Iartlous 19 _Trafflc/clrculatlon 20 _Vlleutlon 21 _Wltlr Quality 22 _Wlttr """'I y 23 _"..1_' tlporlon 24 _Wildlife 25 _Growth Incb:lng 26 _Inc_tlble LonoAlse 27 __tuoula'l.. Effec,s 28 _Other 12. FUNDING (lpprox.1 Federal I Stete . 13. PRESENT LAND USE AND ZONING: 14, PROJECT DESCRIPTION' IS. SIGNATURE OF 'LEAD AGENCY REPRESENTATIVE: 10. DEVELOPMENT TYPE 01 1e51dentlll: Un;ts___ 'cres___ 02 Office: Sq. F'. Acres E""loyees _____ 03 ______ Shopping' C"""",rcial, Sq. Ft ._____ Acres E~toyee5 _ D4 Industrial, Sq. F'. Acres Eq:lloyees _____ 05 Sever: NGD 06 Weter: MGO 07 _____ Transportat;on: Type OS Miner.l (xtracfion: Mineral 09 Power Generation: Wenl;t _ Type' 10 O'her: D9 _JobI/HOUSing 88lanee 10 _Minorall II _Nol18 12 _Publ ic Services 13 _Schools 14 _Septic Systems IS __Sewer Capoci'y 16 _Soi l Erosion ToUl S DIU !2![: Clearinghouse wilt Iss;g" identification numbers for all new projects. ~f. 5CH Nl.IrOef already exhts for I project (!..:...L.. from I Not;er of Preparation 0:- previous draft dOcument) please fill it in. FORM REVISED 4/85: REPLACES CA189 HARK DISTRIBUTION ON NEXT PAGE Resolution Number ~ - ~ REVIEWING AGENCIES ___Resources Agency ___Air Resources Board ___Conservation Fish and Game ---' . . . ___CTRPA (CalTRPA) ___TRPA (Tahoe RPA) ___Coastal Commission ___Bay Conservation & Dev't Comm ___Parks and Recreation ___Office of Historic Preservation I ___Caltrans District ___Native American Heritage Comm ___Caltrans - Planning ___State L~nds Comm ___Caltrans - Aeronautics ___Public Utilities Comm ___California Highway Patrol ___Energy Comm ___Boating and Waterways Food and Agriculture ___Forestry ___Health Services ___State Water Resources Control ___Statewide Health Planning Board - Headquarters (Hospitals) Regional Water Quality Control ___Housing and Community Dev't Board, Region ___ ___Corrections ___Division of Water Rights (SWRCBl ___General Services ,___Division of Water Quality (SWRCBI ___Office of Local Assistance II ___Department of Water Resources ___Reclamation Board ___Solid Waste Management Board ___Public Works Board Local Government Unit (OPR) Santa Monica Mountains Conservancy ___Colorado River Board ___Other FOR SCH USE ONLY Date Received at SCH Catalog Number Date Review Starts proponent Phone I Date to Agencies Date to SCH Consultant Contact Clearance Date Address Notes: PUBLIC NOTICE ENVIRONMENTAL IMPACT REPORT Resolution NUmber t;G -:1 The City of hereby gives notice that pursuant to the authori~ and criteria contained in the California Environmehtal Quality Act ("CEQA") and t,le CEQA Guidelines of the City of , (~, Staff or the Director of Planning) bas analyzed the request for (project title and permit number) proposed to be located at (address). II The proposal (briefly describe projectl After reviewing the Initial Study and any applicable mitigating measures for the project, (~, Staff or the Director of Planning) has determined that this project may have a significant effect on the environment. Accordingly, an environmental impact re~ort has been drafted. . A public hearing will be held by the (Plannina Commission or Citv Councill to consider this proposed environmental impact report on (~l , at ( time ), at ( location ). - - - - - Public comments will be received by the City prior to final approval of the environmental impact report and action on the project, through , 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 -. I Date: By: (Ti tle) APPENDIX G NOTICE OF DETERMINATION TO:_ Office of Planning and state of California 1400 Tenth Street Sacramento, California Research FROM: 90815 County Clerk County of SUB3ECT: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code. I Project Title (Common name where possiblel State Clearinghouse NUmber (If submitted to State Clearinghousel Contact Person Telephone NU~Der Project Location Project Description Resolution Number ~--e3 APPENDIX H NEGATIVE DECLARATION FOR: (project) APpl~cation has been filed with the City of for . apprbval of the project known as to be located at I and ~o 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 , the Lead Agency has analyzed the project and I determined that the project will DQt have a significant impact on the environment. Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. . A copy of the Ini tial 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 DECLARATION 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 DECLARATION by the Lead Agency. A copy of the project specifications is on file in the offices of Date: By: (Title) I Res'olution Number ~ -.:5 This is to advise that the approved the above described project and has made minations regarding this project: (Lead Agency) has the following deter- 1. The project will -will not environment.- have a significant effect on th~ 2. Mitigation measures were were not made a condition of I 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 of project approval may be examined at . ___ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA, and was reviewed and con- sidered by the decision-making body prior to its decision on the project. The '!:nvironmental Impact Report and record of project approval is available to the public at . I The city found that the environmental effects of the project could be mitigated by modifications to the project which are within the responsibility and jurisdictiofl of another public agency. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. A statement of.Overriding Considerations adopted for this project. was was not This document 1s being filed in dUDlicate. filing date and return acknowledged copy in self-addressed envelope. Please acknowledge the the enclosed, stamped, Signature Date Received for Filing Title I. Resolution Number ~ - f!) PUBLIC NOTICE NEGATIVE DECLARATION The City of hereby gives notice that pursuant to the authority and criteria contained in the California Environme~tal Quality Act ("CEQA") and the CEQA Guidelines of the City of , the (~, Staff or the Director of Planning) has analyzed the request for (project title and permit number) proposed to be located at (address). The proposal (brieflv describe the Droiectl I -. After reviewing the Initial Study and any applicable mitigating measures for the project, the (~, Staff or the Director of Planning) has determined that 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 ____(Plannino Commission or Citv Council) to consider this proposed NEGATIVE DECLARATION on _(~l_, at (____timg____) at ( location ). 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 I Date: By: (Title) 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, neqative 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 local standards relatinq to solid waste or litter control; (f) Substantially degrade water quality; (q) Contaminate a pUblic water supply; I (h) resources; substantially deqrade or deplete ground water I I I R~501ution Number ~ - ~ . , (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; (It) population; (1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; Induce substantial growth or concentration of (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 acfjo1ninq areas; (q) Cause substantial flooding, erosion or siltation; (r) Expose people or structures to lIajor qeologic hazards; (5) Extend a sewer trunk line with capacity to serve new development; (t) Substantially diminish habitat for fish, wildlife or: plants; (u) Disrupt or divide the physical arrangement of an established community; (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; (xl Violate any ambient air quality standard, substantially to an existing or projected air quality or expose sensitive receptors to substantia 1 concentrations; contribute violation, pollutant (Yl 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. 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: (1) decreasing overall per capita energy consumption, (2) decreasing reliance on natural gas and oil, and (3) increasing reliance on renewable energy sources. In order to assure that energy implications are considered in project decisions, the californic Environmental Quality Act requires that EIR's include a discussion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy. Resolution Number ~w.i! 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 ~ollar 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 Descriotion may include the following items: 1. Energy consuming equipment and processes which will be u'sed 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. 5. Total estimated daily trips to be generated by the project and the additional energy consumed per trip by mode. .B. Environmental settina may include existing energy supplies and energy use patterns in the region and locality. C. Environmental Imoacts may include: 1. The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project's life cycle including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed. 2. The effects of the project on local and regional energy supplies and on requirements for additional capacity. 3. The effects of the project on peak and base period demands for electricity and other forms of energy. 4. The degree to which the project complies with existing energy standards. 5. The effects of the project on energy resources. The project's projected transportation energy use and its overall use of efficient transportation 6. requirements alternatives. I I D. Mitiaation Measures may include: 1. Potential measures to reduce wasteful, inefficient I 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. I I I R.esolution Number Yb - gJ 5. Energy conservation which could result from recycling efforts. 'E. Alternatives should be compared in terms of overall en.ergy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy. include wasteful, energy during the and/or r~moval that F. Unavoidable Adverse Effects may inefficient and unnecessary consumption of project construction, operation, maintenance cannot be feasibly mitigated. G. Irreversible Commitment of Resources may include a discussion of how the project preempts future energy develop- ment or future energy conservation. H. Short-Term Gains versus Lona-Term Imcacts can be compared by calculating the energy costs over the lifetime of the project. '1. Growth Inducina Effects may include the estimated energy consumption of growth induced by the project. APPENDIX K PROJECTS OF STATEWIDE, REGIONAL OR AREAWIDE 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. or business encompassing (2) A proposed shopping center establishment employing more than 1,000 persons or 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. (4l A proposed hotel/motel development of more than 500 rooms. (5) A proposed industrial, manufacturing, or proc~ssing 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. Resolution Number ~ ~ 3 . Cd) A proiect 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. C2l 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 I river as defined by Section 5093.54 of the Public Resources Code. (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. Conservation Code Section (7) The jurisdiction of the San Francisco Bay and Development Commission as defined in Government 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. (f) 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. I APPENDIX L ARCHAEOLOGICAL IMPACTS I. CEQA applies to effects on historic and prehistoric archaeo- logical resources. II. 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: I 1. Planning construction to miss archaeological sites; 2. Planning parks, greenspace, or other open space to incorporate archaeological sites; I I I Resolution Number ~ -.:5 3. "Capping" or covering archaeological sites with a layer of soil before building tennis courts, park- ing 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 site is one in which the natural processes of deterioration have been effectively arrested; and d. The site has been recorded. 4. Deeding archaeological conservation ease~ents. into permanent sites III. 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 environment. If the project 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: 1. Recognized significance in California or American history; or 2. Recognized scientific importance in prehistory. Can provide infurmation which is both of demonstrable public interest and useful in addressing scientifically consequential and reasonable archaeological research questions, B. 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. Invol ves important research research has shown can archaeological methods. questions that historical be answered only with IV. If an archaeological resource is not an important archaeo- logical 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. 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 impo~tant under Section III. V. A. If an excavat~on 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 in.;lude the specific location of any archaeol>qical resources if the plan will be made known to the general public. Resolution Number ~~'" B. An excavation plan may: 1. List and briefly discuss the important information the archaeological resources contain or are ,likely to contain; 2. Explain how the information should be recovered to be useful in addressing scientifically valid research questions and other concerns identified in subdivision Ca); 3. Explain the methods of analysis and, if feasible, display of excavated materials; 4. Provide for final report preparation and distri- bution; 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. Limitations on Mitiaation. 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 shall require the project applicant to guarantee to pay 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 archaeo- logical 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 com- pleting the final EIR on the project. I I I Resolu.,tion Number ~ -.::s 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. Three fourths of one percent of the projected cost of the project for a housing project consisting of one unit. 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: b. I c. (i) $200 per unit for any of the next 99 units, (ii) $150 per unit for any of tbe next 400 units, (iii) $100 per unit for units in excess of 500. I B. Unless specia~ 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 tbe project. 1. 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. The project applicant can elect to extend the time limits for completing the field excavation phase of the approved mitigation plan. 2. 3. A mitigation plan shall not authorize violation of any law protecting American Indian cemeteries. 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: I 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 pr i vate proj ect if the applicant and the Lead Agency jointly elect to comply with other provisions of CEQA that apply to mitigation of significant effects. 1. 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 tbe archaeological resources are important as defined in \ Resolution Number 9h..~ this appendix. VIII. Discoverv 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: 1. 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 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. 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: The Native American Heritage Commission is unable to identify a descendant; 2. The descendant identified fails to make a recom- mendation; or 1. 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). The requirements of CEQA and the coastal Act. 2. 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. I I I I I I Resolution Number ~ - .:::J APPENDIX M NOTICE OF EXEMPTION TO: ___ County Clerk County of Project Title . Project Location-Specific proj~ct Location-City Project Location-County Description of Nature, Purpose, and Beneficiaries of Project Name of Public Agency Approving project Name of Person or Agency carrying out Project Exempt status: (Check One) Ministerial (14 Calif. Admin. Code 515268) Declared Emergency (14 Cal. Admin. Code 515269(a) Emergency Project (14 Cal. Admin. Code 515269(b) , (c)) Categorical Exemption. (14 Cal. Admin. Code 5515300 ~ ~.) state class and section number: Reasons why project is exempt: Contact Person Area Code Telephone Extension Date Received for Filing: Signature Title