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HomeMy WebLinkAboutRDA Res 80-5 1980-07-28 ...- 11 1 I 1 I . MLW55-28A* " . RESOLUTION NO. ~(?-~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH REPEALING RESOLUTION NO. 76-6 AND ADOPTING PROCEDURES IMPLE- MENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY, AS AMENDED 1980. THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: Section 1. Resolution No. 76-6 is hereby repealed. Section 2. In accordance with Public Resources Code Section 21082, the Redevelopment Agency hereby adopts the procedures attached hereto as its Guidelines for the con- sideration and evaluation of projects and the preparation of Environmental Impact Reports in compliance with the California Environmental Quality Act, as amended, and the Guidelines of the Secretary for the Resources Agency, as ame ed 1980. "a (f INTRODUCED, APPROVED and ADOPTED this~ day of , 1980. /~m.. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SEAL BEACH ) I,.$AAJAJZ.# ~k , Secretary of the Redevelop- ment Agency of the City of Seal Beach, California, do hereby certify that the whole number of members of said Agency is fiv~ that the foregoing resolution, being Resolution No. ~~, s duly and regularly adopted by said Agency at a regula eting thereof, duly and regularly held on the ~~ day of , 1980, and that the same was so passed and adopt following vote: AYES: NOES: ABSENT: MEMBERS: MEMBERS' MEMBE I 1 I I I " , to MLW55-l9E* I. II. III. IV. V. THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH ENVIRONMENTAL IMPACT REPORT GUIDELINES (Revised 1980) GENERAL . . . . . . . A. B. C. D. E. F. Use. . . .. . Definitions . . . . . . . . Exemptions from CEQA . . . . . . . . . . . Application of CEQA to Discretionary Projects . Submission of Data ,by Applicant ... Fees . . . . . . . . . . . . . . . . . . . . THE PRELIMINARY REVIEW PROCESS . A. B. C. D. E. Receipt of Application Determination of Exemption . Initial Study ...... Consultation with Responsible Negative Declaration .. . . . . . . . . . . . . . . . . . . Agencies . . THE EIR PROCESS . . . . . . . . . A. Decision to Prepare an EIR . . B. Preparation of the Draft EIR .. C. Public Review of the Draft EIR . . . D. Evaluation of Comments by Lead Agency E. The Final EIR ........... F. Findings ....... . . . . . . . G. Statement of Overriding Considerations . . . . . . . . . FILINGS REQUIRED BY CEQA . . . . A. Notice of Preparation B. Notice of Completion . C. Notice of Determination . . . . . . . APPENDICES A. Flow Chart - Environmental and Project Application Review Process B. Environmental Information and Checklist Form C. List of Categorical Exemptions D. Status of Aoplication Form E. Notice of Preparation F. Notice of Completion G. Notice of Determination H. Negative Declaration Form I. Examples of Significant Effects J. Energy Conservation Measures K. Projects of Statewide, Regional or Areawide Significance. L. Chart of Maximum Time Limits Paqe . 1 1 1 4 5 5 5 . 6 6 7 7 8 8 . 10 10 10 13 14 14 15 15 16 16 16 16 I 1 I I I ~ .MLW55-20B* I . GENERAL. A. Use. These Guidelines, effective July 9, 1980, set forth the procedures which shall be used by the Redevelopment Agency of the City of Seal Beach in the implementation of the California Environmental Quality Act of 1970 (CEQA), as amended. They are based on the State Guidelines promulgated by the Resources Agency, as amended May 10, 1980, which are incorporated herein by reference, and should be referred to whenever additional detail or clarification is necessary. B. Definitions. (1) Development Pro;ect. Development project means any project undertaken for the purpose of the following: on land, in or under water, the placement or erection of any solid material or structure: discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste: grading, removing, dredging, mining or extraction of any materials: change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility: and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan. "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 ~ include a permit to operate, a ministerial project, or a change of organization of a city or a municipal reorganization. (2) Discretionary Pro;ect. Discretionary project means an activity defined as a project which requires the exercise of judgment, deliberation, or decision on the part of the public agency or body in the process of approving or disapproving a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations. A project having both ministerial and discretionary elements is deemed discretionary. , " -1- I ,l I 1 I ~L~~lD* (3) Environmental Impact Report (EIR). 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 III.B. and III.E. of these Guidelines. (4) Initial Study. Initial Study means a preliminary analysis prepared by the Lead Agency pursuant to . Section II.B. of these Guidelines to determine whether an EIR or a Negative Declaration must be prepared. (5) Lead Aqency. Lead Agency means the local agency (i.e., the City or Redevelopment Agency), which has the principal responsibility for carrying out or approving a project, and which shall prepare the environmental documents for a project. (6) Mitiqation. Mitigation of environmental effects may include avoiding the effect by not taking a certain action, limiting the effect, repairing or restoring the impacted environment, reducing the effects by preservation and maintenance operations during the life of the project, and/or compensating for the impact by replacing or providing substitute resources or environments. (7) Neqative Declaration. Negative Declaration means a written statement by the Lead Agency briefly presenting the reasons why a proposed project will not have a significant effect on the environment and does not require the preparation of an EIR. (8) 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 ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100 through 65700l (b) An activity undertaken by a person 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 agenciesl (c) An activity involving the issuance to a person of a lease, permit, license, certificate, or other 'entitlement for use by one or more public agencies. -2- I l - I I , MLW55-13A* "Project" does not include continuing administrative or maintenance activities, emergency repairs to public service facilities, general policy and procedure making, feasibility or planning studies, and the submittal of proposals to a vote of the people. (9) Responsible Aqencv. Responsible Agency means a public agency, other than the Lead Agency, which has responsibility for carrying out or approving a project. (10) Siqnificant Environmental Effect. Significant environmental effect means a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance, and may result from direct or indirect consequences of a p~oject. A project shall be found to have a significant effect on the environment if: (a) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or elimi- nate important examples of the major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the 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 connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects; or (d) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. Examples of consequences which normally have a signifi- cant effect on the environment are listed in Appendix "I". (11) Trustee Aqencv. 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. -3- MLW55-l4A* I C. Exemptions From CEQA. The following projects are exempt from the requirements of CEQA and do not require the preparation of an Initial Study, Negative Declaration, or EIR: ~ ~ (1) All Ministerial Projects. These are projects for which the City's discretionary approval is not required. Such projects include but are not limited to building permits, business licenses, final subdivision maps and individual utility service connections and disconnections. (2) All Categorical Exemptions. 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 "CN of these Guidelines. I (3) Certain Emergency Actions and Projects. These include emergency projects carried out or approved by a public agency to repair or replace property or facilities 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, (c) Meeting financial reserve needs and requirements, (d) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or I (e) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. (6) Proposition 13 adjustments. These include actions taken prior to January 1, 1982, by a public agency to implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article XIII A of the California Constitution. This exemption is limited to projects directly undertaken by any public agency or projects undertaken by a person -4- I 1 I : ' I !'iLW55-21B* .' which are supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies where the projects: (a) Initiate or increase fees, rates, or charges charged for any existing public service, program, or activity, or (b) Reduce or eliminate the availability of an existing public service program or activity, or (c) Close publicly owned or operated facilities, or (d) Reduce or eliminate the availability of an existing publicly owned transit service, program, or activity. (7) Activities and approvals by any local government, as defined in Section 30109 of the Public Resources 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). D. Application of CEQA to Discretionarv Proiects. Except as provided in Sections I.C. and II.C. of these Guidelines, the Lead Agency shall prepare directly or by contract an Environmental Impact Report for all public and private projects which involve discretionary governmental action, and which may have a significant effect on the environment either individually or cumulatively. Submission of Data bv Applicant. E. (1) The Lead Agency may require the 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 Declaration or EIR by the Lead Agency. A completed "Environmental Information and Checklist Form," must 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 approval power over the project. F. Fees. (1) A fee covering all costs and expenses, including any consultants' fees, incurred by the Agency in preparing an Initial Study, Negative Declaration or EIR, shall be charged to the project applicant. -5- I r j I I / I 'MLW55-22B* (2) No fee shall be collected when it is determined at the initial examination that the proposed project does not require the oreparation 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 Agency 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. II. THE PRELIMINARY REVIEW PROCESS. A. Receiot of Apolication. (1) No later than 30 calendar days after the 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 determinaton to the applicant. If the application is determined to be incomplete, the deter- mination 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 apolication may be determined to be incomplete if any necessary environmental information or data is omitted. Further, subsequent to an application being determined complete, an applicant may be required to amplify, correct or otherwise supplement the information provided with the application. (3) Where the following occurs, the Lead ~gency may deem an application for a project not received for filing until such time as the environmental documenta- tion required by CEQA has been completed: (a) The enabling legislation for a program requires the Lead Agency to take action on an application within a specified period of six months or less; and (b) The enabling legislation provides that the project will be approved by operation of law if the Lead Agency fails to take any action within such specified time periodl and (c) The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use. -6- I l I I 'MLW55-17A* An example of a time period subject to this prOV1Slon is action on a tentative subdivision map within 50 days. B. Determination of ExemPtion. A determination shall first be made by Staff as to whether the activity, if within the definition of a "project," is exempt from the requirements of CEQA because it is exempt under Section I.C. of these Guidelines. C. Initial Study. (1) General. If the project is subject to the require ments of CEQA, Staff shall conduct an Initial Study to determine if the project may have a significant effect on the environment, unless Staff can determine that the project will clearly have a significant effect. (2) Contents. The Initial Study shall contain the following information in brief form: (a) A description of the project including 10cation1 (b) An identification of the environmental setting; (c) An identification of the environmental effects by use of a checklist; (d) A discussion of ways to mitigate the significant effects identified, if any; (e) An examination qf 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. (3) Uses. The Initial Study shall be used in the --.----- followlng manner: (a) The Initial Study shall be used to determine whether a Negative Declaration or an EIR shall be prepared for a project; (b) A project may be revised in response to an Initial Study so that potential adverse effects are mitigated to a point where no significant environ- mental effects would occur. In that case, a Negative Declaration shall be prepared instead of an EIR. If, however, the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. -7- I 'l I ,- I MLW55-l8A* (c) If an EIR is prepared it shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. D. Consultation with Responsible Agencies. Prior to determining whether a Negative Declaration or EIR is required, the Lead Agency shall consult informally with all Responsible Agencies, and any Trustee Agencies responsible for natural resources affected by the project. E. Neqative Declaration. (1) General. A Negative Declaration, defined in Section I.B.(6) of these Guidelines, shall be prepared for a project which could potentially have a significant effect on the environment, but which the Lead Agency finds on the basis of an Initial Study does not have a significant effect on the environment. Before completing a Negative Declara- tion, the Lead Agency shall consult with all Responsi- ble Agencies, as defined in Section I.B.(9) of these Guidelines. A form of Negative Declaration is provided in Appendix H. (2) Contents. A Negative Declaration must be written and shall include: (a) A brief description of the project as proposed, including a commonly used name for the project, if anYl (b) The location of the project and the name of the project proponentl (c) A finding that the project will not have a siqni- ficant effect on the environmentl (d) An attached copy of the Initial Study docu- menting reasons to support the finding; and (e) Mitigation measures, if any, included in the project to avoid potentially significant effects. (3) Notice. Notice of the preparation of the Negative Declaration shall be provided prior to its final approval to all organizations and individuals who have previously requested such notice, and shall, in addition, be given to the public by at least one of the following procedures: (a) Publication, no fewer times than required by Section 6061 of the Government Code, by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or -8- MLWSS-l9A* I (b) Posting of notice by the Lead Agency on and off site in the area where the project is to be located: or 1 (c) Direct mailing to owners of property contiguous to the project. (4) Public Review Period. The Negative Declaration shall be made available to the public for at least ten (10) days from the date that the notice is published, posted and/or mailed prior to its final approval in order to provide an opportunity for members of the public to respond to the finding. This public review period may be extended up to 30 days where State Clearinghouse review is involved, pursuant to subsection (6) below. I (5) Consultation with Responsible Agencies. Before completing the Negative Declaration, the Lead Agency shall consult with all Responsible Agencies. After completing the Negative Declaration the Lead Agency shall consult with Responsible Agencies, agencies having jurisdiction by law and persons having special expertise. (6) State Clearinghouse. If a project is determined to be of statewide, regional or areawide significance, pursuant to the criteria in Appendix K of these Guidelines, the Negative Declaration must be submitted to the State Clearinghouse and should be submitted to the Southern California Association of Governments (SCAG) for review and comment. (7) Final APproval. Prior to approving the project the decision-making body shall consider the Negative Declaration and any public comments received during the public review period, and approve or disapprove the Negative Declaration. (8) Notice of Determination. After making a decision to carry out or approve the project for which a Negative Declaration has been prepared, the Lead Agency shall file a Notice of Determination, as provided for in Section IV.C. of these Guidelines. I (9) Time Limit. For a project involving a lease, license, permit, certificate or other entitlement for use, a Negative Declaration must be completed within 10S days from the day the application is determined to be complete. A reasonable extension may be granted where justified and the applicant consents. -9- MLW55-20A* III. THE EIR PROCESS. I A. Decision to Prepare an EIR. 1 (1) If the Lead Agency finds after an Initial Study, and despite any mitigation measures implemented under Section II.C(3) of these Guidelines, that the project may have a significant effect on the environment, the Lead Agency must prepare or cause to be prepared an Environmental Impact Report. (2) In addition, and by way of explanation, an EIR should be prepared whenever either or both of the following occurs: (a) It can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment, (b) There is serious public controversy concerning the environmental effect of a project. I (3) Immediately after deciding that an EIR is required, the Lead Agency shall send by certified mail, or other method providing a record, to each Responsible Agency, a Notice of Preparation, as provided for in Section IV of these Guidelines. B. Preparation of the Draft EIR. If the Lead Agency decides that an EIR will be required for a project, it shall follow the procedures below. (1) General: (a) 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 significant environmental impacts. Highly specialized and technical data, however, should be included in appendices. (b) The EIR should be prepared using a systematic, interdisciplinary analysis, but no single discipline shall be designated or required to undertake this evaluation. , I , I (c) The EIR shall reference all documents used in its preparation and can incorporate any document by reference. The EIR shall state where the incorpor- ated document will be available for inspection. I (d) Each report shall contain a brief summary of the proposed action and its consequences, including the major conclusions, areas of controversy, issues, alternatives, and mitigation measures for significant effects. The summary should not exceed 15 pages. The EIR shall also include a Table of Contents or Index. -10- I ri I j I ,- I I I I I MLWS5-21A* (e) An EIR prepared for a general plan may be used as the foundation document for subsequent EIRs prepared for specific projects within the geographic area covered by the general plan. (2) Consultation with Responsible Aqencies. The Lead Agency shall consult with all Responsible Agencies before completing a draft EIR. (3) Contents. A Draft EIR should be less than ISO pages in most cases and shall contain the following information: (a) Description of Pro;ect. A description of the project including the fOllowing but only in sufficient detail necessary for evaluation and review of the environmental impact: 1. The precise location and boundaries of the proposed project on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. 2. A statement of the objectives sought by the proposed 'project. 3. A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals and supporting public service facilities. (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. The EIR shall discuss any inconsis- tencies between the proposed project and applicable general and regional plans. (c) Cumulative Impacts. The change in the environment which will result from the incremen- tal 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. Also included must be a list of such related projects and a summary of their expected environmental effects. (d) Environmental Impact. All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. The information required by Paragraphs 5 and 6, however, need be included -11- MLW55-22A* I ~ I I I I ! I I only in EIRs prepared for the following: the adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; the adoption by a local agency formation commission of a resolution making determinations; or, a project requiring an EIS under the National Environmental Policy Act of 1969. 1. The significant environmental effects of the proposed project, including both direct and indirect and short and long term signifi- cant effects of the project. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. 2. Any significant environmental effects which cannot be avoided if the proposal is implemented, including those which can be reduced to an insignificant level but not eliminated. 3. Mitigation measures proposed to minimize the significant effects including avoidable, adverse impacts, and any inefficient and unnecessary consumption of energy. This shall include identification of the 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 App~ndix J of these Guidelines, shall be discussed when relevant. 4. Alternatives to the proposed action including all reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with its impact. The discussion shall focus on alternatives capable of eliminating or reducing significant adverse environmental effects. If the environmentally superior alternative is "no project," the EIR shall identify an environmen- tally superior alternative among the other alternatives. 5. The relationship between local short-term uses of man's environmental and the maintenance and enhancement of long-term productivity includ- ing the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. In addition, the reasons -12- I 1 -~ I I " MLW55-23A* .. f . why the proposed project is believed.by the proponent to be justified now, rather than reserving an option for further alternatives. 6. Any siqnificant irreversible environmental chanqes which would be involved in the proposed action should it be implemented including irrever- sible uses of nonrenewable resources, and irrever- sible commitments to future uses. 7. The qrowth-inducinq impact of the proposed action including the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. 8. A statement briefly indicating the reasons why various possibly significant effects of a project were determined not to be significant. (e) Orqanizations and Persons Consulted. The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization. C. (f) Water Quality Aspects. Describe in the "environmental setting" section, and other sections where applicable, water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards. Public Review of Draft EIR. (1) Consultation. After completing a Draft EIR, the Lead Agency shall consult with and obtain comments from all Responsible Agencies, other public agencies having jurisdiction by law with respect to the project and should consult with persons or agencies having special expertise with respect to any environmental impact involved. (2) Notice. The Lead Agency shall provide public notice of the completion of the Draft EIR at the same time it sends a Notice of Completion to the Resources Agency. This public notice shall be given to all organizations and individuals who have previously requested such notice and shall, in addition, be given by at least one of the following procedures: (a) Publication, no fewer times than required by Section 6061 of the Government Code, by the Agency in a newspaper of general circulation in the area affected by the project; or -13- I 1 I I , MLW55-24A* (b) posting of notice by the Agency on and off site in the area where the project will be locatedl or (c) Direct mailing to owners of property contiguous to the property. (3) Public Review Period. In order to allow the general public sufficient opportunity to comment, the Draft EIR shall be made public at least thirty (30) days but not longer than ninety (90) days after notice of the Draft EIR. For EIRs submitted to the State Clearinghouse for review, the public review period will in most cases be at least 45 days. A public hearing on the Draft EIR may for certain projects be held by the Planning Commission of the Lead Agency following the public review period, when deemed appropriate, at which time any comments received may be discussed. (4) State Clearinqhouse. The Lead Agency shall use the State Clearinghouse whenever it distributes the EIR to state agencies for review. Further, if a project is determined to be of statewide, regional or areawide significance, pursuant to the criteria in Appendix K of these Guidelines, the EIR must be submitted to the State Clearinghouse and should also be submitted to the Southern California Association of Governments (SCAG) for review and comment. (5) The Draft EIR will be available for review at the offices of the Planning Division and at the three public libraries in the City of Seal Beach. D. Evaluation of Comments bv Lead Agencv. Staff shall evaluate comments received from persons and organizations who reviewed the Draft EIR and shall be responsible for a response in writing to significant environmental points raised by such persons and organizations. The response may be in the form of a revision of the Draft EIR or an attachment to it. E. The Final EIR. (1) Preparation. The Lead Agency shall prepare a Final EIR consisting of: (a) The Draft EIR or a revision of the Draft. (b) Comments and recommendations received on the Draft EIR either verbatim or in summary; (c) A list of persons, organizations and public agencies commenting on the Draft EIR; and -14- MLW55-25A* 1 (d) The responses of the Lead Agency to signi- cant environmental points raised in the review and consultation process, which may be in the form of a revision of the Draft ErR or an attachment to it. ~ny major issues raised when the comments are at variance to the Lead Agency's position must be addressed in detail, including reasons why they were not accepted. (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 decision- making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the EIR, prior to approval of the project. This certification may be done by Staff. I I (3) Time Limit. For a project involving a lease, license, permit, certificate, or other entitlement for use, the Lead Agency shall complete and certify an ErR within one year from the date on which the application was determined to be complete. A reasonable extension may be granted where justified and the applicant consents. F. Findinqs. The Lead Agency shall not approve or carry out a project for which an ErR 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 finding shall be made for each of the significant effects identified, and shall-se-accompanied by a statement of facts supporting such finding.) (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Final ErR. I (2) Such changes or alterations are within the respon- sibility 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). (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final ErR. G. Statement of Overridinq Considerations. decision to approve a project allows the significant effects which are identified Where the occurance of in the Final EIR, -15- I 1 I I MLW55-26A* ,- but which are not mitigated (as may be the case when findings are made pursuant to Section III. F. (2) and (3) above), the decision-making body must make a written statement of the overriding considerations supporting its decision, based on the Final EIR and/or other information in the record. Any such statement should be included in the record of the project and mentioned in the Notice of Determination. An application involving a development project, defined in Section I.B.(l) of these Guidelines, must be approved or disapproved within one year of the date on which the application was determined to be complete or it is deemed to be approved. An extension of time not to exceed 90 days may be granted upon consent of the Lead Agency and the applicant. (Government Code Sections 65950, 65956 and 65957). IV. FILINGS REQUIRED BY CEQA. ~: A. Notice of Preparation. 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 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, and to those Trustee Agencies responsible for natural resources affected by the project. When one or more state agencies is a Responsible Agency, a copy shall be sent to the State Clearinghouse. The Notice shall include the description and location of the project (by address or map) and the probable environmental effects of the project. The form for this Notice is provided for in Appendix E of these Guidelines. B. Notice of Completion. As soon as the Draft EIR is completed, a Notice of Completion must be filed wi,th the Secretary for the Resources Agency. 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. C. Notice of Determination. (1) FOr a Neqative Declaration: If the Lead Agency approves a project for which a Negative Declaration has been prepared, the Lead Agency must file a Notice of Determination which shall include: (a) An identification of the project including its common name where possible and its location; (b) A brief description of the project; (c) The date on which the project was approved; -16- I 1 I I , MLW55-27A* (d) The determination that the project will not have a significant effect on the environment1 (e) A statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA; and (f) The address where a copy of the Negative Declaration may be examined. (2) For an EIR: If the Lead Agency approves a project for which an EIR hs been prepared, the Lead Agency must file a Notice of Oetermination which shall include: (a) An identification of the project including its common name where possible and its location1 (b) A brief description of the project1 (c) The date the project was approved 1 (d) The determination whether the project, in its approved form, will have a significant effect on the environment. (e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA1 (f) Whether mitigation measures were made a condition of the approval of the project1 (g) Whether a statement of overriding considera- tions was adopted for the project1 and (h) The address where a copy of the EIR and the record of project approval may be examined. (3) The above Notices of Determination must be filed with the County Clerk of the county or counties in which the project would be located. If the project requires discretionary approval from a state agency, the notice shall also be filed with the Secretary for Resources. The form for the Notice of Determination is provided for in Appendix G of these Guidelines. (4) The filing of the Notice of Determination with the Secretary for Resources or County Clerk starts a 30 day statute of limitations on court challenges to the Lead Agency's approval under CEQA. (Public Resources Code S21167(b).) -17- APpmm:tx A ENV:tRONMEN'l'AL AND P!mJECT APPL:tcaT:tON REV:tEW PROCESS ?rojec~ Appl~ca~~oD Subm1t~ed (Il1cludes El1viroUIIIlU1ul Form) I Agency DetUlll1l1es if AC~:!.vity is a "l'rojec~" Sot a "1'rojec~" I' J "1'rojel:~" 1 CEQA Not Appl:l.cable Oec:l.sion 011 "1'roj ect" Ageucy OeteXlllizles U "l'rojec~" is ~eIII\It r ~emp~ ~ot bllllPt Awl ic,.,M om IncOlllplete Staff Oet~es if Appl1ca~ion Complete within 3~__d~~_ (~tacua of Application rom) Mare izlfor:aat101l suh1ll:ittecl Application de..... cOlllplet.. etemillad.on of Lead ency Where to'.ore 'than l Ageucy Involv'" Initial Stwiy to Oe~enline if aar Sigia1ficant Effects Possible Siga1ficant Effect: !.eacI. .\Kaney COl1llults with Com:ame<l 1'e1:809, 1iupcnlll1ble Agmc:1es aDd T~tee Agmc:ies 1'toject Revised and Adverse Effects Miti ateel No Sigaif1cas;t Effeets Decision to 1'repa'1'e Em - Notice of 1'reparat:l.on ~ Siga1ficant Effect Still Results 1 t.eacl Aseacy Conaults with llespollSible AgllllCiu. Trustee .\geades, aDd Prepares Draft Em 1 Notice Of, C~led.on I ~30-90 Day hbl.k bvi- It (1fay izmllve Pabllc IleariDIs on ''?roj ece" aa4 E1l1) I ~ ----':1" , Applicant I , Submits Da1:a I '--- ____--1 Lead Agency Completes lieglltive Declaration within LOS days; lIDd Malr.a9 it Available to Public --.--- - 1 , , I I I Public Review ~.lly IAvolve liearinS au hoject azull .w I Ezper1:ille , all' , ' ~.Iat~ve De,c:l.arn:\.Oll Lud Ageacy ~epar.. ~_________4__ . III I azul CuUfies ViDal E1l1 r , ~ .. COIISi4eu~ of riDal m lieS&d.ve OecJ:a,l ,.' :lApo- By Dec:isioll --"'h'l Bady; p'1'oYed aa4 Reviewecl and. DecuiOll OIl "Project" CoIIS:l.cllI1:ed.; DecUiAlI Ol\. ~ "Project" - :l.casary rto<l1.1lI'" lfade I - r llotic:e of Decer.li1nat::1on I ~ .--....4 I I ~ I I CoIISultation 'ri.t:h 1espOllllible Aged.. azul Persous 'ri.t:h ML?v9-l6A* (rev'd 1980) APPENDIX B I ENVIRONMENTAL INFORMATION AND CHECKLIST FORM (Initial Study) Date Submitted: No. GENERAL INFORMATION 1. Name and address of developer or project sponsor: . 2'. Address of project: Assessor's Block and Lot Number I 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: 6. Proposed use of site (Project for which this form is filed): I PROJECT DESCRIPTION 7. Site size: 8., Square footage: 9. Number of floors, of construction: . MI,W9-l7A* 10. Amount of off-street parking provided: I ll. (Attach plans.) 12. proposed scheduling: 1 13. Associated projects: 14. Anticipated incremental development: 15. If residential, indicate the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected: 16. If commercial, indicate the type, whether neighborhood, city I - or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: I 18. If institutional, indicate the major function, estima~ed employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -2- 1 ! l_ J I -I ML)9-l8A 19. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required: .. ENVIRONMENTAL SETTING 20. 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. 21. 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, and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required: on attached sheets.) !M MAYBE ~ 22. Earth. Will the proposal result in: a. Unstable 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 relief features? - d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? -3- 1 I I 1 MLW9-l9A* f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? 23. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 24. Water. Will the proposal result in: a. Changes in currents, or the course or dir~ction of water movements, 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 of flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbid'! ty? 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? -4- YES - MAYBE NO - - I 1 I 1 ML~9-20A* ,YES h. Substantial reduction in the amount of water otherwise available for public water supplies? ' i. Exposure of people or property to water-related hazards such as flooding or tidal waves? j. Significant changes in the temperature, flow, or chemical content of surface thermal springs? 25. 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 of plants? b. A reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? d. Reduction in acreage of any agricultural crop? 26. Animal Life. will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals_into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 27. Noise. Will the proposal result in: a. Increases in existing noise levels? -5- .---- MAYBE NO . " I r- I \ \ , I 1- MLW9-2lA* b. Exposure of people to severe noise levels? 28. Will t.he new light or Liqht and Glare. proposal produce glare? 29. Land Use. will the proposal result in a subst.antial alter- ation of the present or planned land use of an area? 30. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 31. Risk of Upset. Will the proposal involve: a. A risk of an exo1osion or the release of hazardous substances (including, but. not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or up- set conditions? b. possible interference with an emergency response plan or an emer- gency evacuation 9lan? 32. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 33. Bousinq. will the proposal af- fect existing housing, or create a demand for additional housing? 34. Transportation/Circulation. Will the proposal result in: a. Generation of substantial addi- tional vehicu~ar movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? -6- ~ - - - MAYBE !Q - - - - - 1 ( I 1 MLW9-22A* ') d. Alterations to present patterns of circulation or move- ment of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 35. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services i~ 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? 36. Energv. 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 energy? 37. Utilities. will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? -7- . ._---~.. .- '..-. YES - - MAYBE NO . - .- . I (I I I 1 MLW9-23A* 38. Human Health. Will the proposal result in: 39. 40. 41. 42. a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to poten- tial health hazards? Aesthetics. will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal re- sult in the creation of an aesthet- ically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in adverse physical or aesthet- ic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatorv Findinqs of Siqnificance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to, drop below self sustaining levels, threaten to eliminate a plant or animal commun- ity, reduce the number or restrict -8- YES MAYBE NO ML\'9-24A* 1 the range of a rare or endangered plant or animal or eliminate impor- tant examples of the major periods of California history or prehistory? YES MAYBE 1\'10 1 b. Does the project have the potential 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, defin- itive period of time while long-term impacts will endure well into the future. ) . c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate re- sources where the impact on each resource is relatively small, but where the ef- fect of the total of those impacts on the environment is significant.) 1 d. Does the project have environ- mental effects which will cause sub- stantial adverse effect on human be- ings, either directly or indirectly? CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date (Signature) 1 For (Applicant) -9- ,- ' , .. I 1 I I , , 'MLW9-25A* DISCUSSION or ~'TVIRONMENTAL EVALUATION AND DETERMINATION (To be completed by the Lead Agency - may be attached) On the basis of this initial evaluation: I find the proposed project COOLD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. 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. Date (Signature) For (Lead Agency) -10- . . I . J 1 1 . ~ MW4-25A Rev'd 1980 , ' APPENDIX C LIST OF CATEGORICAL EXEMPTIONS Note: A categorical exemption may not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Class 1: Existin~ Facilities. Class 1 consists of the oper- ation, repair, ma~ntenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limite~ to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyancesJ (b) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage or public utility servicesJ (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including but not limited to a stand of trees, a rock outcropping, or an historic building. (d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landsli.de or floodJ (e) Additions to existing structures provided that the addi- tion will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition or 2500 square feet, whichever is lessJ or (2) 10,000 square feet if: (i) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and (ii) The area in which the project is located is not environmentally sensitiv.. (f) 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 devicesJ 1 I 1 1 ,MLW4-26A (g) New copy on existing on and off-premise signs; (h) Maintenance of existing landscaping, active growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (j) Fish stocking by the California Department of Fish and Game. (k) Division of existing multiple family rental units into condominiums. (1) Demolition and removal of individual small structures listed in this subsection exceot where the structures are of historical, archaeological or architectural significance: (1) Single family residences not in conjunction with the demolition of two or more units, , (2) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures, (3) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the d~molition of two 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 appurte- nant 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 type ownership. Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than SOl. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose and capacity. -2- -~...-....--~ -..--....---......_...-.__.._-~._...-.~-- -.. .'- - - --...... "---- ..... - - ....... ,.- --------_.. I I 1 MLW4-27A ~ (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 structures7 installation of small new equipment and facilities in small structures7 and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this sectio~are the maximum allowable within a two-year period. Examples of this exemption include, but are not limited to: (a) Single family residences not in conjunction with the building of two or more such units. In .urbanized areas., up to three single-family residences may be constructed under this exemption. (b) Apartments, duplexes and similar structures with not more than four dwelling units if not in conjunction with the building of two or more such structures. In .urbanized ares,. the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling u~its if not constructed in conjunction with the building- 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 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 4 or more such structures and if not involving the use of significant amounts of hazardous substances~ (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construc- tion. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. As used herein, the term .urbanized areas. means a central city or a group of contiguous cities with a 1970 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 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, -3- I 1 1 'MLW4-28A water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (a) Grading on land with a slope of less than 10 percent, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (d) Minor alterations in land, water and vegetation on existing officially designated wildlife ~anagement areas or fish production facilities which result 1n improvement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effects on the environment, including car- nivals, sales of Christmas trees, etc. (f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (h) The creation of bicycle lanes on existing rights-of-way. Class 5: Alterations in 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 par.cel. (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 evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly 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 by Regulatory Aqencies for Protection of Natural Resources. Class 7 consists of action taken by regulatory agencies as authorized by state law or local ordi- -4- ML~4-29A I nance 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 B: Actions bv Requlatorv Agencies for 'Protection of the Environment. Class B consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or pro- tection of the environment where the regulatory process in- volves procedures for protection of the environment. Con- struction activities are not included in this exemption. I Class 9: Inspections. 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 puchase Act of 1943, mortgages for the puchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. Class 11: Accessorv Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or insti- tutional facilities, including but not limited to: (a) On-premise signs~ 1 (b) Small parking lots. (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Sections 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if: 1 -5- 1 I I 1 MLW4-30A ~ (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 or shape that it is incapable of independent development or use, or (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guildelines, or (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. Class 13. Acquisition of Lands for Wildlife Conservation Purposes. 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 increse original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. Class 15. Minor Land Divisions. Class 15 consists of the division of property in urbanized areas zoned for residentialp commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have a slope greater than 20%. For definition of .urban- ized areasn see Class 3. Class 16. Transfer of Ownership 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 condi- tion or contains historic sites or archaeological sites and either: (a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or signi- ficantly change the historic or arChaeological site. Class 17. Open Space Contracts or Easements. Class 17 con- sists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The -6- I I ~ MLW4-1B . " cancellation of such preserves, contracts, interests or ease- ments is not included. Class 18 consists the California Class 18: Designation of Wilderness Areas. of the designation of wilderness areas under Wilderness System. Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Class 19 consists of only the following annexations: (a) Annexations to a city or special district of areas con- taining existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of,utility services to the existing facilities would have a capacity to serve only the existing facilities. (b) Annexations of individual small parcels of the minimum size for facilities exempted by Section 15103, New Con- struction of Small Structures. Class 20: Changes in Organization of Local Agencies. Class 20,conists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishm,nt of a subsidiary district. (b) _Consolidation of two or more districts having identical powers. (c) Merger with a city of a district lying entirely within the boundaries of the city. Class 21: Enforcement Actions. Class 21 consists of actions to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency or law, general rule, standard, or objective, administered or adopted by the regulatory agency. ~- Such actions include, but are not limited to, the following: (a) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforce- ment. 1 (b) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or object~ve. (Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption.) -7- - h I I I 1 MLW4-2B Class 22: Educational or Training Programs Involvinq No Physical Chanqes. Class 22 consists of the adoption, alter- ation, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to: (a) Development of or changes in curriculum or training methods. (b) Changes in the grade structure in a' school which do not result in changes in student transportation. Class 23: Normal Operations of Facilities for Public Gatherin~s. Class 23 consists of the normal operations of existing facilit4es for public gatherings for which the'facilities were designed, where there is a past history of the facility being used for the same kind of purpose. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. Class 24: Regulation of Working Conditions: Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (a) Employee wages, (b) Bours of work, or (c) Working conditions where there will be no demonstrable physical changes outside the place of work. Class 25: Transfers of Onwership of Interests in Land to Preserve Open Space: Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to: (a) Acquisition of areas to preserve the existing natural conditions. (b) Acquisition of areas to allow continued agricultural use of the areas. (c) Acquisition to allow restoration of natural conditions. (d) Acquisition to prevent encroachment of development into flood plains. Class 26: Acquisition of Bousing for Bousing Assistance Programs. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Bousing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. , -8- ~IL~4-3B I Class 27: Leasing New Facilities. -Class 27 consists of the leas~ng of a newly constructed or previously unoccupied private- ly-owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility: (a) Shall be in conformance with existing State plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared, (b) Shall be substantially the same as that originally. proposed at the time the building permit was issued, (c) Shall not result in a traffic increase of greater than 10' of front access road capacity, and -. I (d) Shall include the provision of adequate employee and visitor parking facilities. Examples of Class 27 include but are not limited to: (1) Leasing of administrative offices in newly construct- ed office space (2) Leasing of client service offices in newly construct- 'ed retail space (3) Leasing of administrative and/or client service offices i~ newly constructed industrial parks. 1 1 -9- .'",1" I I n 1 *MLWSl-19B Added 1980 APPENDIX 0 STATUS OF APPLICATION APPLICATION NO. APPLICANT: DATE REC'D.: REPRESENTATIVE: 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: L::7'GenerallY com~lete to begin processing the application. (The date ind1cated below is the date on which the application is deemed to be complete.) Please note that the City may properly require further informatiQn in order to clarify, amplify, correct, or otherwise supplement existing or future data. If the City requires such additional information, it is strongly suggested that you supply same in a timely manner in order to avoid any delay in the processing of the application. L::7 Not complete and has been held in abeyance due to certain missing information and/or a failure to comply with certain requirements. The missing information and/or requirements are listed below, and must be supplied and/or complied with before your application can be deemed complete. For further information please call . Additional Information/Reauirements: Staff Signature Date 1 I 'I MW,4-~5A Rev'd 1980 APPENDIX E NOTICE OF PREPARATION TO: FROM: (Responsible Agency) (Lead Agency) , (Address) (Address) SUBJECT: Notice of Preparation of a Draft Environmental Impact Report The will be the Lead Agency and will prepare an environmental impact report for the project ,identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to' your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the probable environmental effects are attached. A copy of the Initial Study /~ is, / / is not, attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this notice. Please send your response to address shown above. We will your agency. at the need the name of a contact person in PROJECT TITLE: PROJECT APPLICANT, IF ANY: DATE Signature Title Telephone Reference: California Administrative Code, Title 14, Sections 15035.7, 15054.3, l5066(c). I MW4-16B Rev'd 1980 . , APPENDIX F To: State of California The Resources Agency Secretary for Resources 1416 Ninth Street, Room 1311 Sacramento, California 95814 NOTICE OF COMPLETION project Title Project Location - Specific Project Location - City Project Location - County I Description of Nature, Purpose, and Beneficiaries of Project 1- Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code Extension Phone I I I, ML"\I-17B Rev'd 1980 APPENDIX G NOTICE OF DETERMINATION TO: Secretary for Resources FROM: 1416 Ninth Street, Room 1311 Sacramento, California 95814 . or, County Clerk County of SUBJECT: Filing of Notice of Determination in compliance with Section 21152 of the Public Resources Code. Project Title (common name where possible) State Clearinghouse Number (If submitted to State Clearinghouse) Contact Person Telephone Number Project Location project Descriptlon This is to advise that the has approved the above. described project determinations'regarding this project: (Lead Agency) and has made the following 1. The project will have a significant effect on the - will not environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA, and was reviewed and considered by the decision-making body prior to its decision on the project. A copy may be examined at . - _were not Mitigation measures were a condition of approvar- A Statement of Overriding Considerations adopted for this project. was was nat This document is being filed in duplicate. Please acknowledge the filing date and return acknowledged copy in' the enclosed, stamped, self-addressed envelope. \ Date Received for Filing Signature Title Date I r I I, MLW9-26A Rev'd 1980 APPENDIX H NEGATIVE DECLARATION FOR: (Project) Application has been filed with the City of for approval of the project known a$ to be located at and to be implemented by The project is briefly described as: . Pursuant to the authority and criteria contained in the California Environmental ~uality Act and the Environmental Impact Report Guidelines of the City of , the Lead Agency has analyzed the project and determined that the project will not have a significant impact on the environment. Ba$ed on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. A copy of the Initial Study, documenting reasons to support the finding, is attached. Mitigation measures, if any, included in the project to avoid potentially significant effects are: A period of 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 specifica- tions is on file in the offices of . Date: By: ~ ('l'ltle) ..' I I 1 MW4-l8B Re~'d 1980 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_city where it is located: (b) Have a substantial, demonstrable, negative aesthetic effect: (c) Substantially affect a rare or endangered species of animal or plant or the habitat of the species: (d) Interfere substantially with the movement of any resident or migratory fish or wildlife species: (e) Breach published national, state, or local standards relating to solid waste or litter control: (f) Substantially degrade water quality: .(g) Contaminate a public water supply: (h) Substantially degrade or deplete ground water resources: (i) Interfere substantially with ground water recharge: (j) Disrupt or adversely affect a prehistoric or historic archaelogical site or a property of historic site or cultural significance to a community or ethnic or social group; or a paleontological site except as part of a scientific study; (k) Induce substantial growth or concentration of population: (1) Cause an increase in traffic which is substan- tial in relation to the existing traffic load and capacity of the street system; (m) Displace a large number of people: (n) Encourage activities which result in the use of large amounts of fuel, water or energy: (0) Use fuel, water or energy in a wasteful manner; (p) Increase substantially the ambient noise levels for adjoining areas; (q) Cause substantial flooding, erosion or siltation: (r) Expose people or structures to major geOlogic hazards: (s) Extend a sewer trunk line with capacity to serve new development: I I 1 , 'MW4-l9B Rev'd 1980 (t) Substantially diminish habitat for fish, wild- life or plantsi (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 affectedi (w) Conflict with established recreational, educa- tional, religious or scientific uses of the areai (x) Violate any ambient air quality standard, con- tribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrationsi (y) Convert prime agricultural land to non- agricultural use or impair the agricultural productivity of prime agricultural landi (z) Interfere with emergency response plans or emergency evaculation plans. -2- ..' .' l' ',,' I I 1 MW1-20B Rev'd 1980 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 California Environmental Quality Act requires that EIRs include a discus ion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy. Energy conservation implies that a project's cost effective- ness be reviewed not only in dollars, but also in terms of energy requirements. For many projects, lifetime costs may be determined more by energy efficiency than by initial dollar costs. II. EIR CONTENTS Potentially significant energy implications of a project should be considered in an EIR. The following list of energy impact possibilities and potential conservation measures is designed to assist in the preparation of an EIR. In many instances specific items may not apply or additional items may be needed. . A. pro;ect Description may include the following items: 1. Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project. 2. Total energy requirements of the project by fuel type and end use. 3. .Energy conserYation_~quipment 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 consu~ed per trip by mode. 8. Environmental Setting may include existing energy supplies and energy use patterns in the region and locality. C. Environmental Impacts may include: ~:: " ..,T ~ ~ 1 I 1 MW4-21B Rev'd 1980 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, mainten- ance 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. 6. The project's projected transportation energy use requirements and its overall use of efficient transportation alternatives. . D. Mitiqation Measures may include: 1. Potential measures to reduce wasteful, ineffi- cient and unnecessary consumption of energy during construction, operation, maintenance and/or removal. The discussion should explain why certain measures were incorporated in the project and why other measures were dismissed. 2. The potential of siting, orientation, and design to minimize energy consumption, including transportation energy. 3. The potential for reducing peak energy demand. 4. Alternate fuels (particularly renewable ones) or energy systems. 5. Energy conservation which could result from recycling efforts. E. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, ineffi- cient and unnecessary consumption of energy. F. Unavoidable Adverse Effects may include wasteful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated. G. Irreversible Commitment of Resources may include a discussion of how the project preempts future energy develop- ment or future energy conservation. B. Short-Term Gains versus Lon -Term,Im acts can be compared by ca cu atlng t e energy costs over t e lifetime of the project. I. Growth Inducing Effects may include the estimated energy consumption of growth induced by the project. -2- r I I , I I ~ . MW4-16A Rev'd 1980 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. EIRs 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) A proposed local general plan, element, or amendment thereof fo~ which an EIR was prepared. (b) A project which would interfere with the attainment or maintenance of State or national air quality standards including: (1) 500 dwelling units. . A proposed residential development of more than (2) ment employing more 500,000 square feet A proposed shopping center or business establish- than 1,000 persons or encompasing more than of floor space. (3) A proposed commercial_office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. (4) A proposed hotel/motel development of more than 500 rooms. (5) A proposed industrial manufacturing or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. lc) A project which would result in the cancellation of an open space contract made pursuant to the California Land Conser.va- tion Act of 1965 (Williamson Act) for any parcel of 100 or more acres. (d) A project located in and substantially impacting on an area of critical environmental sensitivity for which an EIR was prepared including: (1) The Lake Tahoe Basin. (2) The Santa Monica Mountains Zone as defined by Section 67463 of the Government Code. ' (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 scen1C river as defined by Section 5093.5 of the Public Resources Code. I I 1 , ' "!"'W4-17A aev'd 1980 . , (5) The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220. (6) The Suisun Marsh as defined in Public Resources Code ~ection 29101. (7) The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610. (e) A project which would substantially affect sensitive wildlife habitats including, but not limited to, riparian lands, wetlands, bays, estuaries, marshes, and habitats for rare and endangered species as defined by Fish and Game Code Section 903. (f) A project which would interfere with attainment of regional water qualify standards as stated in the approved areawide waste water management plan. (g) occupancy for power plant. A project which would provide housing, jobs, or 500 or more people within 10 miles of a nuclear -2- w.-:-_; ...-:- -. -'.:~~. . "0(- -~~ ._, -~~ ~~:; .:" . " -I i~ ~I ~SJ ;1 ~C' \:; ~ ~t . > ... 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CO) '" ... ~ ... ell t'I i t'I Z ... n €I 1'01 z o " ID .. \ 1 ) I 1 1 MLW9-27A Rev'd 1980 . .. .I' PUBLIC NOTICE NEGATIVE DECLARATION The City of hereby gives notice that pursuant to the authority and criteria contained in the Cali- fornia Environmental Quality Act and the Environmental Impact Report Guidelines of the City of , the (e.g., Staff or the Director of Planning) has analyzed the request for (project title and permit number) proposed to be located at (address). After reviewing the Initial Study and any applicable mitigating measures for the project, the (e.g. 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. 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 specifica- tions, Initial Study, and the NEGATIVE DECLARATION, is on file - in the offices of . Date: By: (Title) 1 1 II I . .--........ Mi.w~28A Rev'd 1980 . I ~ .. ~ . t .. PUBLIC NOTICE NOTICE OF COMPLETION ENVIRONMENTAL IMPACT REPORT The City of hereby gives notice that pursuant to the authority and criteria contained in the California Environmental Quality Act and the Environmental Impact Report Guidelines of the City, the Lead Agency for (project title and permit number), proposed to be located at (address) has completed an ENVIRONMENTAL IMPACT REPORT. Public review of the project specifications and ENVIRONMENTAL IMPACT REPORT will be provided by the City prior to action on the project through , 19 . A copy of all relevant material is on file in the oflices of 1 . DATE: By: (Title)