HomeMy WebLinkAboutCC Res 2192 1973-03-26
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RESOLUTION NUMBER .;2 / 9;2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH REVISING GUIDELINES TO BE FOLLOWED IN
THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970 AND RESCINDING ALL PREVIOUS
ACTIONS IN CONFLICT HEREWITH.
The City Council of the City of Seal Beach does hereby resolve:
WHEREAS, in September of 1972 the California Supreme Court in the
Case of Friends of Mammoth et al vs Board of Supervisors of Mono
County held that the California Environmental Quality Act applied
to both public projects and private projects which required approval
by the appropriate 90vernmental agency; and
WHEREAS, Environmental Impact Report requirements and procedures
were adopted by the City Council on October 24, 1972, in view of said
court decision; and
WHEREAS, the State Resources Agency has prepared standardized
guidelines to be followed by all cities throughout the State in
implementing the California Environmental Quality Act of 1970.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Seal Beach does hereby adopt the report entitled "Environmental
Impact Report Guidelines" prepared by the staff and attached as
Exhibit "A" and "Guidelines for Implementation of the California
Environmental Quality Act of 1970" prepared by the State Resources
Agency and attached as Exhibit "B".
AND BE IT FURTHER RESOLVED that the City Council of the City of Seal
Beach does hereby rescind all previous policy determinations in
conflict with the above provisions.
PASSED, APPROVED AND ADOPTED by the City Council of ;}1e City oJllJSeal .
Beach at a regular meetin9 thereof held on the ~~~ day of ~
1973, by the following vote:
AYES, c",,,,n_d._~, }k~....;{)i",-44 ~,j
NOES: Councilmen Yt-~
ABSENT: Counci lmen Yt.A--7L.l.J
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Re~olution Number ,
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Ms."ch 20, 1973
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EXHIBI'r "A"
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ENVIRONMF.NTAL IMPACT IiEPORT GUIDELINES
PURPOSE
Envirornnentnl Impact Reports are intended to provide the City of Seal Beach
wi'th the opportunity to consider the significant effects of a proposed project
on the emrironment. Because of the complex interrelationships which exist within
our systam, it is essential that a high degree of environmental compatibility be
maintained f'or the general welfare of the residents of' the cOlllDlunity. The
Environmental Impact Report process is intended to enable the City to evaluate
the significance of' proposed projects on the erlvironment, examine and institute
methods of reducing adverse impacts and to consider alternatives to projects as
they are proposed.
It is the intent of this report to provide definjtions, principles,
obJoctives, criteria and procedures to be used in the implementation of the
California Environmental Quality Act of' 1970.
DEFINITIONS, PRINCIPLES. OBJECTIVES AND CRITERIA REI.ATED TO THE
CALIFORNIA ~NVIRON~~iTAL QUAl,ITY ACT.
It is proposed that the City Council adopt the "Guidelines for Implementation
of the California Environmental Quality Act of 1970" prepared by the Resources
agoncy of the Stste of California and included In th thill report.
PROCEDURES FOR TilE COIISIDERA'PION OF ENVIRONMENTAL IMPAC'l' REPORTS
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An Environmental Evaluation Farm shall be completed and filed with the
Director of Planning for any project which may have a significant effect upon the
environment (projects which are categorically exempt under th~ State guidelines
are excluded from this requirement).
It shall be the responsibility of the Director of Planning to evaluate the
environmental deseription of m~ proposed project for which a form has been
submitted and to determine whether a project will have a sic;nificant or
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insignificant effect upon the environment.
The Director of Planning will determine
whether or not an Environmental Impact Report must be prepared for a proposed
pro~ect. If an Impact Report is required, it will be the responsibility of the
Director to inform the applicant of the reasons why, in his opinion, an Environmental
Impact Report should be prepared. The applicant m~ appeal the Planning Director I s
decision to the Environmental Quality Control Board. If after review of the
Environmental Evaluation Form, the Director of Planning determines that the pro~ect
will not have a significant effect on th~ environment he shall oversee the
preparation of a Negative Declaration and a Notice of Determination for said
project. The City Clerk will then forward the Ifegative Declaration and Notice of
Determination to the County Clerk.
Upon reaching a determination that a proposed project will require the
preparation of an Environmental Impact Report, the Director of Planning will
forward all relevant information to the Secretary of the Environmental Quality
Control Board. The Secretary to the Board will be responsible for directing the
preparation of the Report.
Upon completion of the draft Environmental Impact R.eport, the Secretary
to the Environmental Quality Control Board shall schedule a public hearing no
later than fifty (50) days following the draft's submission. Public posting
and advertising for 'the hearing shall be in accordance with City Council policy.
Following public posting and advertising, the Environmental Quality Control
Board shall hold a public hearing for consideration of the draft Environmental
Impact Report. At the conclusion of said hearing, the Board shall declare the
Environmental Impact Report to be sufficient or insufficient indicating the basis
for its findings.
If the Environmental Impact Report is found insufficient, further studies
and hearings shall be held until such time as a majority of the Environmental,
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Quality Control Board declare the draft Environmental Impact Report's
sufficiency.
Environmental Impact Reports Which have been found sufficient shall be
forwarded to the City Council for affirmation.
If the project for which an Environmental Impact Report has been prepared
requires Planning Commission consideration, the proposal and findings by the
EnvironmentEiLQuality Control Board shall be forwarded to the Commission for consideration
in their deliberations. In those cases where the Environmental Impact Report and
findings have been referred to the Planning Commission, final affirmation of the
Environmental Impact Report should be made by the City Council.
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CITY OF SEAL BEACH
PLANNING 'DEIlItRTMEr-l'f
211 8th St., P.O. Box 2628
Seal Beach, CA 90740
ENVIRONMENTAL EVAWATION FORM
In order to determin&whether a project will have a signi~icant ef~ect upon the
environment, the Planning Department would request that you complete this form
and return it to the department. The information included on the ~orm will
provide the City with a better understanding of the environmental impact of the
project. After an evaluation of the proposed project, you will be informed as
to whether additional information vi 11 ,be required ~or an Environmental Impact
Statement.
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACE PROVIDED BELOW EACH QUESTION.
I Name of Proposer
Address
Telephone
Location o~ Project
Description o~ project and existing environmental conditions presently
effecting the site. (Submit maps or photographs which will assist in
determining the signi~icance of this project's impact.)
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If any o~ the answers to the ~ollowing questions are yes, please explain
the answer in more detail under Item No. 10.
1. I~ the proposed project in conflict with proviSions of
the City's General Plan ~or the area in which the project
is to located? Yes No
2. Will the project ha-v:e a substantial and demonstrable
negative aesthetic e~fect?
Yes' No
3. Will the project have substantial affects on rare or
endangered species of animals or plants, or the habitat
o~ such specieR? Yes No
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4. . Wj,U 'the. 'project cause substantial interference wi th ~he
movement of any resident or migratory fish or wildlife
species? Yes No_
5. Will the proposed project breach any published national,
state or local standards related to solid waste or
litter control? Yes No
6. Will the project result in a substantial detrimental
effect on ai1" or water quality, or on ambient noise
levels for adjoining areas?
Yes_ No_
7. Could the proposed project possibly contaminate a
public water supply system or adversely affect the
ground water supply?
Yes_ No
8. Is the project site susceptible to substanti~
flooding, eros~on or siltation?
Yes No_
9. Is the project site subject to major geOlogic
hazards?
Yes No_
10. If you have answered yes to one or more of the above questions, but
think the project will not have any significant enviro~~ental effects,
indicate your reasons below:
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EXHIBIT "B"
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GUIDELINES FOR IMPLEMENTATION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
STATE OF CALIFORNIA
OFFICE OF THE SECRETARY FOR RESOURCES
1416 NINTH STREET, SUITE 1311
SACRAMENTO 95814
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TABLE OF CONTENTS
ARTICLE SUBJECT ~
1 General 1
2' Purpose 2
3 Policy 2
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I 4 Definitions 4
5 General Responsibilities 7
6 Application of the Act to Projects 8
7 Evaluating Projects 16
8 Categorical Exemptions 22
9 Contents ot EIR's 28
10 Evaluation of EIR's 32
APPENDICES
A
Environmental Impact Report Process
Flow Chart
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B
C
Statutory Authority of State Departments
Notice of Completion Form
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POll pnING ADMINISTllATIVE llEGUUnONS'
w.ITH THE SECllETAllY OP STATE
(PM.....c to Gov.nuaa.t Code Sectioa. IUIO.I)
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Copy below ill hereby certified to be a true
and correct copy of regulations adopted, or
amended, or an order of repeal by:
Cal}:_forni~ Reso~~~e~__A.!!;en~l'_____,
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Date of adoptiClD, amendment, or repeal:
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By:__1:,4______~_______,_ __ ~_'?....,___
____~~~.!'_~~~~.l__f_C?.~_~e ~9_~~_C?_~,~.
(Title)
DO NOT WRITE IN THIS SPACE
,DO NOT WRITE IN THIS SPACE
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ORDER ADOPTING REGULATIONS OP THE CALIPORNIA
RESOURCES AGENCY
Pertaining to the Environmental Quality Act of 1970
After proceedings had in accordance with the provisions of the
Administrative Procedure Act (Gov. Code, Title 2, Div. 3, Part 1
Chapter 4.5) and pursuant to the authority vested by Section 2l0~3
of the Public Resources Code, and to implement, interpret, or make
specific Sections 21000 through 21174 of the Public Resources Code,
the California Resources Agency hereby adopts its regulations in
Division 6, Title 14, California Administrative Code as follows:
CHAPTER 3. GUIDELINES FOR IMPLEMENTATION OP THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OP 1970
ARTICLE 1. General
Authority. The regulations contained herein are prescribed
by the Secretary for Resources pursuant to authority granted
in Public Resources Code Section 21083 to be followed by
all state agencies, boards, and commissions, all counties,
cities and counties, cities including charter cities,
regional agencies, public districts, redevelopment agenCies,
and all other political subdivisions of the state in the
implementation of the Environmental Quality Act of 1970
dealing with environmental quality, the evaluation of proJ-
ects, and the preparation and evaluation of environmental
impact reports. These Guidelines have been developed by
the Office of Planning and Research for adoption by the
Secretary for Resources in accordance with Section 21083.
Additional information may be obtained by writing:
~ 15000.
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Resolution Numnber
POR. 4004 .
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FOR "LING ADMINISTRATM RIGULATlONS
.WITH THI SICUTARY ,0. ITATI
(Pu....nt fa aa..m_ Codo SocIIo. 11310.1)
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Secretary for Resources
Room 1311, 1416 Ninth Street
Sacramento, CA 95814
ARTICLE 2. Purpose
15005. Purpose. The purpose of these Guidelines is to provide
public agencies with principles, objectives, criteria,
and definitions of statewide application to be used in
the implementation of the California Environmental
Quality Act of 1970, Public Resources Code Sections
21000-21174 as amended by Chapter 1154 of the statutes
of 1972 (AB 889). Implementation of the act includes
the orderly evaluation of projects and the preparation
of environmental impact reports. "
15010.
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g 15011.
ARTICLE 3. Policy
Legislative Declaration. The Legislature has declared
that:
(a) Every citizen has a "responsibility to 'contribute
to the preservation and enhancement of the
environment.
(b) It is the intent of the Legislature that all
agencies of the state government which regulate
activities of private individuals, corporations;'
and public agencies which are found to affect the
quality of the environme~t, shall regulate such
activities so that major consideration is given'
to preventing environmental damage.
State Policy. The Legislature has declared that it is
the policy of the state to:
(a) Develop and maintain a high-quality environment
now and in the future, and take all action
necessary to protect, rehabilitate, and enhance
the environmental quality of the state.
(b) Take all action necessary to provide the people
of this state with clean air and water, enjoy-
ment of aesthetic, natural, scenic, and historic
environmental,qualities, and freedom from excessive
noise.
'(c) Prevent the elimination of fish or wildlife species
due to man's activities, insure that fish and wild-
life populations do not drop below self-perpetuating
levels, and preserve for future generations repre-
sentations of all plant and animal communities and
examples of the major periOds of California history.
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Resolution Number
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FOR 'ILING ADMINllllAnvl IIGUiAftONl
WI'" TNI IICIITARY Of ITAD
(Pu...... hi 0....._ c.... -. lIMO.I)
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15012.
15013.
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(d)
Ensure that the long-term protection of the
environment shall be the guiding criterion
in public decisions.
Create and maintain conditions under which man
and nature can exist in productive harmony to
fulfill the social and economic requirements of
present and future generations.
Require governmental agencies at all levels to
develop standards and procedures necessary to
protect environmental quality.
Require governmental agencies at all levels to
consider qualitative factors as well as economic
and technical factors and long-term benefits
and costs, in addition to short-term benefits
and costs and to consider alternatives to pro-
posed actions affecting the environment.
Informational Document. An Environmental Impact Report
ls an inrormatlonal document which, when fully prepared
in accordance with the CEQA and these Guidelines, will
inform public decision-makers and the general pUblic of
the environmental effects of projects they propose to
carry out or approve. The EIR process is intended to
enable pUblic agencies to evaluate a project to determine
whether it may have a significant effect on the environment,
examine and institute methods of reducing adverse impacts,
and consider alternatives to the project as proposed.
These things must be done prior to approval or disapproval
of the project. An EIR may not be used as an instrument
to rationalize approval of a project, nor do indications
of adverse impact, as enunciated in an EIR, require that
a project be disapproved -- publiC agencies retain existing
authority to balance environmental objectives with economic
and social objectives.
(e)
(f)
(g)
Early Preparation. An EIR is a useful planning tool
to enable environmental constraints and opportunities
to be considered before project plans are finalized.
EIR's should be prepared as early in the planning process
as possible to enable environmental considerations to
influence project program or design.
AP~licatlon. These Guldelines have only general appll-
ca 10n to the diversity of projects undertaken or
approved by public agencies. They provide basic
principles, objectives, criteria and definitions which
individual public agencies shall adapt for internal use.
interpreting these Guidelines in terms of specific
projects. Such internal procedures must be consistent
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Resolution Number
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CONI'INUftON _n
.. FOR .IUNG ADMINISTRATIVl!' REGULATIONS
WITH THI SECRETARY O' STATI
(Punuant to Governmllftt Cod. Sedlan 11310.1)
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with these Guidelines, and ~hall be adopted within
sixty days after these Guidelines are adopted.
Individual pUblic agencies shall a:so coordinate the
procedures outlined in these Guidelines with.pro-
cedures they have been using up to April 5, 1973,
in undertaking or approving proJects -- in doing so,
however, agencies are not free to compromise the
basic principles, objectives, criteria, and defini-
tions included here.
ARTICLE 4. Definitions
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15020. General. Whenever the following words are used in
these Guidelines, unless otherwise defined, they
shall have the meaning ascribed to them in this
article. These definitions are intended to clarify but 1
not to replace or negate the definitions used in CEQA.
Approval means the decision by a public agency which
commits the agency to a definite course of action.tn'
regard to a project intended to be carried out by any
person. The exact date of approval of any project is a
matter determined by each public agency according to its
rules, regulations, and ordinances. Legislative action
in regard to a project often constitutes approval.
15021.
In connection with private activities, approval occurs
upon the earliest commitment to issue or the issuance by
the public agency of a discretionary contract, grant,
subsidy, loan, or other form of financial assistance,
lease, permit, license, certificate, or other entitle-
ment for use of the project.
15022. CEQA - California Environmental Quality Act:
Environmental Quality Act (OEQA) means GallrOrnia
Public Resources Code Sections 21000 through 2ll7~~ _
15023. Categorical Exemption. Categorical Exemption 'means an
exception from the requirement for the preparation of I
an environmental impact report for a class of projects .
based on a finding by the Secretary for Resources that
the class of projects does not have a significant effect
on the environment.
15024.
Discretionaf! Project. Discretionary project means an
activity def ned 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
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CONIINUA_ _ '
, FOR .IUNG ADMlNIITlAIIVI ..ULAnON.
WITH THI IICllTAIlY Of DAn
(Pu...... to 00Y0._ CotIo _.. 1I3111.1l
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15026.
15027.
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15028.
15029.
15030.
disapproving a particular activity, as distinguished
from situations where the public agency or body
merely has to determine whether there has been con-
formity with applicable statutes, ordinances, or
regulations.
Emergency. Emergency means a sudden and catastrophic
calamIty caused by an occurrence or combination ot
occurrences of statewide or local impact. such as fire.
flood, earthquake or other natural disaster. riot,
war. accident. or sabotage.
Environment. Environment means the physical conditions
wh1ch exist 1n the area which will be atfected by a
proposed project includ1ng land. air. water. minerals.
flora, fauna. ambient n01se, objects of historic or
aesthetic significance.
EIR - Environmental Impact Report. Environmental Impact
~ort \~~~) means a alt'1~ea B~atement setting forth
the environmental effects and considerations pertain-
ing to a project as specified in Section 21100 of the
California Env1ronmental Quality Act.
(a)
Draft EIR means an EIR containing the information
specified in Sections 15141. 15142, and 15143 ot
these Guidelines.
Final EIR means an EIR containing the information
specified in Sections 15141, 15142. and 15143 of
these Guidelines. a section for comments received
in the consultation process. and the response of
the Responsible Agency to the comments received.
This term is discussed in detail in Section 15146.
(b)
EIS - Environmental Impact Statement. Env1ronmental Impact
~emen~'\~~~J means In env1ronmen~al impact report
prepared pursuant to the National Env1ronmental Po11cy
Act (NEPAJ. The Pederal Government uses the term EIS
in the place of the term EIR wh1ch is used in CEQA.
Peasible. Feas1ble means capable of being accomplished
1n a successful manner by reasonably available. economic,
and workable means.
Lead Agency. Lead Agency means the pUblic agency which
has the princ1pal responsibility for carry1ng out or
approving a project wh1ch may have a sign1ficant effect
on the environment where more than one public agency is
involved with the same underlying activ1ty.
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CONllNuAllON wn
fOR FILING ADMlNl5rUrlV1 UGUUr/ONS
WITH THE SECRETARY O' STAT.
(Pynuanf fa GO'IWn...nt Cod. Section 11380.1)
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15031.
15032.
15033.
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Local A~ency. Local agency means any pUblic agency
other t an a state agency, board or commission. Local
agency includes but is not limited to cities, counties,
charter cities and counties, special districts,
redevelopment agencies and any board, commission, or
organizational subdivision of a local agency when so
designated by order or resolution of the governing
legislative body of the" local agency. "
Ministerial ~ojects. Ministerial projects as a general
rule, include those activities defined as projects which
are undertaken or approved by a governmental decision
which a public officer or pUblic agency makes upon a
given state of facts in a prescribed manner in
obedience to the mandate of legal authority. With
these projects, the officer or agency must act upon
the given facts without regard to his own judgment
or opinion concerning the propriety or wisdom of the
act although the statute, ordinance, or re~lation
may require, in some degree, a construction of its
language by the officer.
Negative Declaration. Negative declaration means a
statement by the public agency that will carry out or
approve a project that a project, although not cate-
gorically exempt, would not have a significant effect
on the environment and therefore does not require an
EIR. The term "Exemption Declaration" 1e interchange-
able with the term "Negative Declaration".
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Notice of Completion. Notice of Completion means a brief
report filed with the Secretary for Resources as soon as
a public agency has completed a draft EIR and is prepared
to send out copies for review. The contents of this
notice are explained in Section 15085(c).
15035. Notice of Determination. Notice of Determination means
a brief notice to be filed by a public agency when it
approves or determines to carry out a project which is
subject to the requirements of CEQA. The contents of I
this report are explained in Section l5085(g). ' .
15036. Person. Person inclUdes any person, firm, association,
organization, partnership, business, trust, corporation,
company, district, county, city and county, city, town,
the state, and any of the agencies' political subdivi-
sions of such entities.
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CON1lNUAIIClfl _ Resol,utiol}
'OR "UNG ADMINIITRAIIVI REGULATIONS
WITH IH. SICIIIARY O' IIAI.
(Pu....nt.. 0....."..01 Cacl. SHII.. \1380.\)
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15031. Project.
(a) ~roject means the whole of an action. resulting
n physical impact on the environment. directly
or ultimately. that is any of the following:
(1) an activity directly undertaken by any
public agency including but not limited
to public works construction and related
activities. Clearing or grading of land.
improvements to existing public structures.
enactment and amendment of zoning ordinances.
and the adoption of local General Plans or
elements thereof.
(2) 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 agencies.
(3) 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.
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Resolut~on Number
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CONIINUATlON INln
'OR FILING ADMINISTRATIVE REGULATIONS "
WITH THE SECRETARY O' STATI
(Pursuant ta GO'Iernment Cod. Section 11380.1)
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15050.
(b) Project does not include:
(1) Anything specifically exempted by state
law;
(2) Proposals for legislation to be enacted
by the state Legislature.
(3) Gontinuing administrative or maintenance
activities. such as purchases for
supplies. personnel-related actions,
emergency repairs to public service
facilities. general policy and procedure
making (except as they are applied to
specific instances covered above).
feasibility or planning studies.
(4) The submittal of proposals to a vote of the
people of the state or of a particular
community.
Public Agency. Public agency includes any state agency.
board or commission and any local or regional agency.
as defined in these Guidelines. It does not include
the courtsfofhthe state. This term does not include
agenc1es 0 t e rederal governmen~.
Responsible Agency. Responsible agency means the public
agency which proposes to undertake or approve a project.
and is responsible for making a Negative Declaration or
for the preparation of an EIR.
Significant j"ff'ect. Significant effect means a substan-
tial adverse impact on the environment.
ARTICLE 5. General ResponsibIlities
Public A~encies. All public agencies are responsible
for complying with the CEQA, according to these Guide-
lines. They must develop their own procedures consis-
tent with these Guidelines. Where a publiC agency
prepares an EIR itself or contracts with private
experts to do the preparation. the public agency is
responsible entirely for the adequacy and objectivity
of the EIR.
15051. Office of Plannin and Research OPR. OPR is respon-
sible for he preparation and development of principles,
objectives. criteria and definitions to implement the
CEQA. prior to adoption by the Secretary for
Resources. OPR also. as part of guideline devel-
opment. shall consider proposals for Categorical Exemp-
tion and makes appropriate recommendations to the
Secretary for Resources. OPR shall be respon-
sible for reSOlving disputes over Lead Agency designation.
-7-
.".,.'IOI.'r! P..O,..
Resolution Number
PORM COOA ~ .
'.
. .
CONrlNUATION INIn
.. 'OR flUNG ADMINISTRA1IVI UGULAnONS
WITH THI SlCRDARY 01' ITATI
(Pu""..' to _... Cod. SocII.. 11310.1)
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15052.
15053.
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15054.
The Secretary of the Resources Agency. The guidelines
shall be offIcially adopted by the Secretary of the
Resources Agency, including a finding that each class of
projects given a Categorical Exemption will not have a
significant effect on the environment. He also has the
responsibility for consolidating all state comments on
federally sponsored projects. The Secretary of the
Resources Agency may issue supplements to these Guide-
lines, containing amendments and/or additions.
Pees.
(a) All public agencies preparing EIRs for projects
to be carried out by some entity other than the
public agency itself may charge and collect a
reasonable fee from such person or entity, in
order to recover the estimated costs incurred
in preparing the EIR.
(b) Public agencies may charge and collect a fee
from members of the public for the actual cost
of reproducing a copy of an EIR requested by
the member of the public.
Timely Compliance. Public agencies should carry out
their responsibilities for preparing and reviewing EIR's
within a reasonable period of time. The requirement
for the preparation of an EIR should not cause undue
delays in the processing of applications for permits or
other entitlements to use.
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.
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Po". .lOOA ..
_INRI__a Resolut,ion Number
POR PILING ADMlNIITIATIYI REGULATIONS ' ,
WITH THI SlCIITAlY O' ITATI
(punu... to _.n..... Caclo _on 11380.1)
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ARTICLE 6. Application of the Act to Projects
General Rule. The requirements set forth in these Guide-
lines apply to projects which may have a significant
effect on the environment and which involve discretionary
governmental action. Where it can be seen with certainty
that the activity in question will not have a significant
effect on th~ environment, the activity is not covered by
the requirements set forth in CEQA, and these Guidelines
concerning the evaluation of projects and the preparation
and review of environmental impact reports do not apply.
15061. state and Local Agency Projects (Public Projects).
(a) When a publiC agency plans to carry out a project
which may have a significant effect on the environ-
ment, the public agency shall prepare an EIR through
its own efforts or through contract.
15060.
(b) Where a project which may have a significant effect
on the environment is to be carried out by a non-
governmental person subject to approval, financial
support, or some other involvement by a pUblic agency,
the pUblic agency will prepare an EIR by its own
efforts or by contract, However, the agency may
require the person to supply data and information,
both to determine whether the project may have a
significant impact on the environment, and to assist
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Resoluti9n Number
CONIINUA'IION INln
FOR FILING ADMINiStRATIVE REGULA'IIONS '
WItH tHE SECRnARY OF ItA'll
(Punuam 10 Governllllnt Code Sedfon 11380.1)
I
.1
in the preparation of an EIR by the agency. This
information may take the form of a draft EIR, if
the agency desires.
(c) Where the project is to be undertaken by a local
agency, as defined in these Guidelines, but requires
state approval or financial assistance. the state
agency shall require the local agency to prepare the
EIR or Negative Declaration, to be submitted with
the request for approval of the proposed project.
This must also be done where federal funds are
involved, but only if a state agency has discretion-
ary authority over the use of those funds. If the
local project has been mandated on the local agency
by a state agency, the EIR prepared by the local
agency may be limited to consideration of those
factors and alternatives which do not conflict with
the order.
(d) The EIR may be prepared as a separate document, or
as part of a project report. If prepared as a part
of the project report, it must still contain in one
separate and distinguishable section the elements
required of an EIR, including the seven elements
specified in Section 15l!n of these Guidelines.
All pUblic and pri.vate activities or undertakings
pursuant to or in furtherance of h redevelopment
plan constitute a single project, which shall be
deemed approved at the time of aaopLion of the
redevelopment plan by the legi.slative bOdy. The
EIR in connection with the redevelopment plan shall
be submitted in accordance with Section 33352 of the
Health and Safety Code.
All of the above is subject to modification accord-
ing to the regUlations governing the lead agency
principle, that not more than one EIR shall
be prepared in connection with the
same underlying ~ctivity.
15062. Private Projects. ProJects undertaken by a person other
than a PUbliC agency which are supported in whole or part
through contracts, grants, subsidies, loans, or other
forms of assistance from one or more publiC agencies or
which involve the issuance to a person of a lease, permit,
license, certificate, or other entitlement to use by one
or more publiC agencies require the preparation of an
environmental impact report if the project may have a
significant effect on the environment and the project
involves discretionary governmental action unless the
project is otherwise exempted by these Guidelines. The
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Resolution Number
FO"M .cODA' I J I Io-oNTlNUATION ....
FOR FlUNG ADMINIlrU1IYI UGULAftONI
WItH THE SlCRITIdlY oP &TAU
(Purouantto __ CoQ -.. 11310.1)
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public agency with discretionary control over the project
shall be responsible for preparing the environmental
impact report.
15063. Federal Projects.
(a) In regard to any proposed federal project in this
state which may have a significant effect on the
environment and on which the state officially
comments, the state officials responsible for such
comments shall include in their comments an EIR
setting forth the matters specified in Section 15143
of these Guidelines.
(b) In cases where these Guidelines require the prepara-
tion of an EIR by a responsible agency and an EIS
has been or will be prepared for the same project
pursuant to the requirements of the National Envi-
ronmental Policy Act of 1969 and implementing regu-
lations thereto, all or any part of such statement
may be submitted in lieu of all or any part of an
EIR required by these Guidelines, provided that the
EIS or the part thereof so used, shall comply with
the requirements of these Guidelines. In most cases
where the federal EIS is used, discussion of mitiga-
tion measures and growth ~nducing impact will have to
be added because these elements are required by CEQA
but not by the National Environmental Policy Act.
I
15064.
Lead Agency PrinCiple. Where a project is to be carried
out or approved by more than one pUblic agency, only one
EIR or Negative Declaration shall be made, and it will
be prepared by the Lead Agency. For the purposes of
these Guidelines, only one EIR or Negative Declaration
shall be made by the Lead Agency for an ongoing activity
even where the activity involves, at different stages,
more than one definition of a project as defined in
Section 15037(a).
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.....-'J'lO.~"...Of..
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FolIM 400A
.
CONTIIIUAIIllN IHlD ResolutioI\ Number
'OR .IUNG ADMINISTRATIVE REGULATIONS'
WITH THI SECUTARY O' STATI
(Pu.....ant to Govern_nt Cod. Section 11380.1)
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15065.
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Designation of Lead Agencz. Where two or more public
agencies are involved witn a project, which agency shall
be the Lead Agency shall be determined by the following
principles:
(a) The Lead Agency shall be the public agency
which proposes to carry out the project.
(b) If the project is to be carried out by a
nongovernmental person, the Lead A~ncy
shall be the"public agency 'with the
greatest responsibility for supervising or
approving the project as a whole. The Lead
Agency will generally be the agency with
general governmental powers rather than an
agency with a single or limited purpose
which is involved by reason of the need to
provide a public servIce or public utility
to the project; in such cases, the single
or limited purpose agency will, upon request,
provide data concerning all aspects of its
activities required to furnish servIce to
the project to the agency drafting the EIR,
and no separate EIR will be required in
regard to such activities.
(c) Where more than one pUblic agency equally
meet the criteria set forth in paragraph b
above, the agency which is to act first on
the project in question shall be the Lead
-11-
..t..~'IO..".... c.
FooUOOA R~solu1,:ion Npmber,
CONTINU'AnON Illla
FOR FILING ADMINISTIATM RlGULAnONI
WITH THI IECRDARY OF ITAIIJ
(Pur...nt to _..nt Cod. SocII.. 11380.11
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Agency (following the principle that the
environmental impact should be assessed as
early as possible in governmental planning).
(d) In the event that the designation of a Lead
Agency is in dispute among public agencies,
any public agency may submit the question to
the Office of Planning and Research which
shall designate the Lead Agency based on
consideration of the above priorities, along
with consideration of the capacity of such
agency to adequately fulfill the require-
ments of the CEQA.
15066. Obligations of a Lead Agency.
(a) In these Guidelines, wherever reference is made
to the responsible agency for a project, this
shall be the Lead Agency when more than one
public agency is involved in undertaking or
approving the project. The Lead Agency shall
meet all obligations for which the responsible
agency is responsible, including the determina-
tion of whether the project will or will not
have a significant effect on the environment.
(b) The Lead Agency shall prepare or cause to be
prepared the EIR or Negative Declaration after
consultation with all other public agencies
which must approve the project in question or
a part of the project. To insure that the EIR
or Negative Declaration reflects the concerns
of all the public agencies involved, the Lead
Agency should consult with public agencies which
will issue approvals for the project. This con-
sultation shall be done at an early stage of the
development of the EIR.
(c) A Lead Agency shall include in its Notice of
Completion a statement to the effect that it is
a Lead Agency.
(d) The EIR prepared by the Lead Agency shall be
considered by every public agency prior to its
approval or disapproval of the project.
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POR" .iOOA
"
. , Resolution, Number
CcnmNUA'ION .lIIft
FOR FILING ADMlNISTRATIVI REGULATIONS
WITH !HI IECRDARY O' .TATI
lPu....nt.. _.m...nt Cad.loclIoa 11310.11
.
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15067.
15068.
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15069.
Subsequent EIR. Where an EIR has been prepared, no
additional EIR need be prepared unless:
(a) Substantial changes are proposed in the project
which will require major revisions of the EIR,
due to the involvement of new environmental
impacts not considered in the original EIR;
(b) There are substantial Changes with respect to
the circumstances under which the project is to
be undertaken, such as a change in the proposed
location of the project, which will require
major revisions in the EIR due to the involve-
ment of new environmental impacts not covered
in the original EIR.
Use of a Single EIR. A responsible agency may employ
a single EIR to describe more than one project, if
such projects are essentially the same in terms of
environmental impact. Further, a responsible agency
may use an earlier EIR prepared in connection with
an earlier project to apply to a later project, if
the circumstances of the projects are essentially the
same. Agencies may elect to write EIRs in advance
for entire programs or regulations, in order to be
prepared for project applications to come. Whenever
an agency chooses to utilize any of these alternatives,
however, it must find that the environmental effects of
the projects are similar enough to warrant the same
treatment in an EIR and that the EIR will adequately
cover the impacts of any single project. If these
tests are not ' met, an agency should amend
the EIR it prepares for a program to apply it to an
individual project with unusual characteristics.
Multiple and Phased Projects.
Where individual projects are, or a phased project is,
to be undertaken and where the total undertaking com-
prises a project with significant environmental effect,
the responsible agency or Lead Agency must prepare a
single EIR for the ultimate project. Where an individual
project is a necessary precedent for action on a larger
project, or commits the Responsible Agency to a larger project,
with significant environmental effect, an EIR mus~
address itself to the scope of the larger project,
subject to the limitation of Section 15066 of these
Guidelines. Where one project is one of several
similar projects of a public agency, but is not deemed
a part of a larger undertaking or a larger project,
the agency may prepare one EIR for all projects, or
one for each project, but should in either case comment
upon the combined effect.
-13-
......,...",........
-
Resolution Number
P'OIt....OOA I
, .
CONIINUallON _
FOR FILING ADMINISTRAIIVI UGULAnONS
WITH IHI SlCRRARY O' BAIl
(Pu......, ... __ Codo _.. 11380.1)
.. ,
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15070. Ongoing Proj~:
(a) A project covered by Section 15037(a)(1)
definition of project specified by these
Guidelines, approved prior to November 23,
1970, shall not require an Environmental
Impact Report or a Negative Declaration --
unless it is a project which may have a
significant effect on the environment, and
(1)
A substantial portion of public funds allocated
for the project have not been spent and it is
still feasible to modify the project in such
a way as to mitigate against potentially
adverse environmental effects, or to choose
feasible alternatives to the project, including
the alternative of "no project" or halting
the project; or
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(2) The responsible agency proposes a mod-
ification to the project plan, such that
the project might have a new significant
effect on the environment.
(b) Notwithstanding the above, projects which come
under the jurisdiction of the National Environ-
mental Policy Act (NEPA) and which, through
regulations promulgated under NEPA, were held to
be too far advanced at the time of NEPA's effective
date to require an EIS in compliance with those
Guidelines, do not require an EIR under CEQA --
unless they fall under (2) above.
A project covered by paragraph 15037 (a)(3) or
contracts in paragraph 15037 (a)(2) under the
definition of project specified by these Guide-
lines, approved prior to December 5, 1972, does
not require an EIR. However, any project legally
challenged prior to this date for noncompliance
with the CEQA shall be bound by special rules set
forth in Section 21170 of the CEQA.
I..
(c)
(d) These Guidelines and CEQA do not require the prep-
aration of an EIR for a project described in para-
graph 15037 (a)(3) and for contracts described in
paragraph 15037 (a)(2) under the definition of
project for approvals prior to April 5, 1973.
However, CEQA expressly does not prohibit a public
agency from considering environmental factors in
connection with the approval or disapproval of a
-14-
."...7ID._7,...a.p
-
PoJl.....OOA
.
, . Resolution Number
__lION ...n .
POI .IUNG ADMlNIITRATIVI IIGULA1IONI
WITH THI UCRUDY O' ITAn
(Pu....... 0000._ CacI. _. 11311II.1)
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15071.
15072.
15073.
project and from imposing reasonable fees on
the appropriate private person or entity for
preparing an environmental report. Local agencies
~'require environmental reports tor projects
covered by this paragraph pur.uant to local ordi-
nances during this interim period.
(e) Where a project involving the issuance of a lease,
permit, license, certificate, or other entitlement
to use has been granted a discretionary govern-
mental approval for part ot the project before
April 5, 1973, and reqUires another or additional
discretionary governmental approvals after
April 5, 1973, the project shall require the
preparation of an EIR only it the approval or
approvals after April 5, 1973, involve a greater
degree of responsibility and control over the
project as a whole.
Emergency Projects. The following emergency projects are
exempt from the requirement for an environmental impact
report:
Projects undertaken, carried out, or approved by a
public agency to maintain, repair, restore,
demolish or replace property or facilities damaged
or destroyed as a result of a disaster in a
disaster stricken area in which a state of emer-
gency has been prOClaimed by the Governor ~ursuant
to Chapter 7 (commencing with Section 855O) of
Division 1, Title 2 of the Government Code.
Emergency repairs to publiC service facilities
necessary to maintain service.
Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
Feasibiliti and Planning Studies. A project involving
only feasibility or planning studies for possible future
actions which the agency, board, or commission has not
approved, adopted, or funded does not require the prep-
aration of an environmental impact report but does
require consideration of environmental factors as
required by Section 21102 of CEQA.
Ministerial Pro~ects. Ministerial projects do not
require the preparation of environmental impact reports.
The determination of what is "ministerial" can most
appropriately be made by the particular public agency
involved based upon its analysis of its own laws, and
it is anticipated that each public agency will make such
determination either as a part ot its implementing
-15-
..,...,..."....,
Resolution Number
POAM COOA' I ,
-
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ClIImNUATIDN IIIIIT
'OR FILING ADMINISTRATIVI REGULAnONS
WITH THI _RnARY O' STATI
(pul'luant to o.w.mllllnt Cod. SectIon 11380.1)
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15080.
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regulations or on a case-by-case basis. It 1s further
anticipated that the following actions 'will, in most
cases, be ministerial in nature:
(a) Issuance of building permits.
(b) Issuance of busin~ss licenses.
(c) Approval of final ,subdivision maps.
(d) Approval of individual utility service connections .
and disconnections.
In the absence of any discretionary provision contained
in local ordinance, it shall be presumed that these four 1
actions are ministerial. Each public agency may, in
its implementing regulations or ordinances, provide an
identification or itemization of its projects and actions
which are deemed ministerial under the applicable laws
and ordinances.
ARTICLE 7. Evaluating Projects
Initial stud~. If the project is not part of a class
of projects that qualifies for a Categorical Exemption
and there is a possibility that the project may have a
significant effect on the environment, the responsible'
agency should conduct an initial study to determine if
the project may have a significant effect on the environ-
ment. If. any of the effects of a project, may have a
substantial adverse impact on the environment, regard-
less of whether the overall effect of the project is I
adverse or beneficial, then an environmental impact t .
report must be prepared where discretionary governmen al
action is involved.
If the project is to be carried out by a nongovernmental
person, the responsible agency may require ,such person
to submit data and information which will enable the
responsible agency to make this determination.
-16-
1.,...710 .~7t aiM alP
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,,"
. Resolution
_NUA_ INln,
'OR RUNG ADMINISTRAnvl UGULA1I0NI
WITH THI SlCRnART O' ITAII
(Po...... 10 _..... Cad. _.. 11310,1)
.
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Number
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15081. Determining Significant Effect.
(a) The determination of whether a project may have a
significant effect on the environment calls for
careful judgment on the part of the public agency
involved, based to the extent possible on scientific
and factual data. An iron clad definition of signif-
icant'effect is not possible because the significance
of an activity may vary with the setting. For
example, an activity which may not be significant
in an urban area may be significant in a rural area.
There may be a difference of opinion on whether a
particular effect should be considered adverse or
beneficial, but where there is, or anticipated to
be, a substantial body of opinion that considers
or will consider the effect to be adverse, the
public agency should prepare an EIR to explore the
environmental effects involved.
(b)
In evaluating the significance of the environmental
effect of a project, the public agency shall con-
sider both primary and secondary consequences. Pri-
,
mary consequences are immediately related to the
project (the construction of a new treatment plant
may facilitate population growth in a particular
area), while secondary consequences are related more
to primary consequences than to the project itself
(an impact upon the resource base, including land,
air, water and energy use of the area in question
may result from the population growth).
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(c)
Some examples of consequences which may have a
significant effect on the environment in connection
with most projects where they occur, include the
following:
(1)
Is in conflict with environmental plans and
goals 'that have been adopted by the community
where the project is to be located;
Has a substantial and demonstrable negative
aesthetic effect;
(3) Substantially affects a rare or endangered
species of animal or plant, or habitat of such
a species;
(2)
(4) Causes substantial interference with the move-
ment of any resident or migratory fish or
wildlife species;
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......,. .~".. D.~
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Resolution Number
,
POIIM AOOA
...
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_NUAlIlIN 18111'
POR FILING 'ADMINISTUTIVI REGULATIONS
WITH THI nCRITARY O' ITAn
(Pun..otto _......, CacI. Soctl.. 11310.1)
15082.
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(5)
Breaches any published national, state, or
local standards relating to solid waste or
11 tter control;
Results in a substantial detrimental effect
on air or water quality, or on ambient noise
levels for adjoining areas;
Involves the possibility of contaminating a
public water supply system or adversely affect-
ing ground waterj
(8) Could cause substantial flooding, erosion or
siltation;
(6)
(7)
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(9) Is subject to major geologic hazards.
Mandatory Findings of Significance.
In every case where any of the following conditions are
found to exist as a result of a project, the project
will be found to have a significant effect on the
environment:
(a)
(,b)
(c)
(d)
Impacts which have the potential to degrade the
quality of the environment, curtail the range
of the environment.
Impacts which achieve short-term, to the disadvantage
of long-term, environmental goals. A short-term
impact on the environment is one which occurs in a
relatively brief, definitive period of time while
long-term impacts will endure well into the future.
Impacts for a pro,ject which are indiVidually limited,
but cumulatively considerable. A project may impact I
on two or more separate resources where the impact .
on each resource is relatively small. If the effect
of the total of those impacts on the environment is
significant, an EIR must be prepared. This mandatory
finding of significance does not apply to two or more
separate projects where the impact of each is
insignificant.
The environmental effects of a project will cause
substantial adverse effects on human beings, either
directly or indirectly.
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15083.
, .
Resolution Number
. .
CONIINUAllON _
FOR .IUNG ADMINISTUlIVI RIGULATIONS
WITH THI SECRlTARY O' ITATI
(Pu....at to 0....._' eo... SocIIa. 113111.1)
"
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Negative Declaration, A Negative Declaration shall be
prepared for a project which would ordinarily be expected
to have a significant effect on the environment, but
which the Public Agency finds will have no significant
effect on the environment due to circumstances peculiar
to the specific project,
(a) A Negative Declaration must include a description
of the project as proposed, and a finding that
the project will not have a significant effect
on the environment.
(b) The Negative Declaration followed by notice of the
action taken regarding the approval or disapproval
of the project must be filed with the Secretary for
Resources, if the responsible agency is a state
agency, board or commission. If the responsible
agency is a local agency, as defined in these
Guidelines, these documents shall be filed with
the county clerk of the county, or counties, in
which the project will be located. The Negative
Declaration shall be filed with sufficient time
before the project is approved to provide an
opportunity for members of the public to respond
tOtthe findin~. TheiNe~ative Declaration should
no exceed on~ page n Iengtn.
After completing a Negative Declaration, the
responsible agency shall file a copy of the
Negative Declaration and a Notice of Det~rmination.
The Notice of Determination shall include the
decision of the agency to approve or disapprove
the project, the determination of the agency
whether the project will have a significant
effect on the environment, and whether an EIR
has been prepared pursuant to the provisions of
CEQA.
(1) If the responsible agency is a state
agency, the Notice of Determination shall
be filed with the Secretary of Resources.
(2) If the responsible agency is a local
agency, the Notice of Determination shall
be filed with the county clerk of the
county or counties in which the project
will be located.
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15084.
15085.
Decision to Prepare an EIR. If the responsible agency
finds, after an initial stUdy, that the project may
have a significant effect on the environment, the
responsible agency must prepare or cause to be prepared
an Environmental Impact Report.
EIR Process. The fOllOWing steps shall be followed
after the responsible agency decides to prepare an EIR.
-19-
.......,. 1.71 ... 0."
Resolution Number
. ,
CONtiNUATION _
FOR FILING ADMINISTRATM REGULAnONS
WITH THI SICRDARY O' ITAT.
(Purou... to O...,...ont Cad. ....... 11380,1)
, '
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PO.M 400A
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If the project is to be carried out by
a nongovernmental person, the responsible
agency may require such person to submit
data and information necessary to enable
the public agency to prepare the EIR.
This information may be transmitted in
the form of a draft EIR, but the responsible
agency mu&t examine this draft and the
information contained within it to assure
itself of its accuracy and objectivity and
amend the draft if necessary. The EIR in
its final form must reflect the independent
judgment of the responsible agency.
(b) The content of an EIR is described in
article 9 of these Guidelines. Each
element, of an EIR required by these
Guidelines must be covered" and these
elements should be separated into
distinct sections. After completing a
draft EIR consisting of the information
specified in Sections 15141, 15142, and
15143 of these Guidelines, the responsible
agency must consult with, and obtain the
comments of, any public agency which has
jurisdi~tion by law with respect to the
project and may consult with any person
who has special expertise with respect
to any environmental impact involved.
Oppo~tunity for comments from the general
public should be provided.
(c) As soon as the draft EIR is completed,
but before copies are sent out for review,
an official notice stating that the draft
EIR has been completed must be filed with
the Secretary of the Resources Agency.
The notice shall include a brief descrip-
tion of the project, its proposed location,
and an address where copies of the EIR are
available. This notice shall be referred
to as a Notice of Completion.
A form for
this notice is pro~ided in the Appendices.
(d) The responsible agency shall evaluate
comments received from persons who
reviewed the draft EIR.
(e) The responsible agency shall prepare a
final EIR. The contents of a final EIR
are specified in Section 15146 of these
Guidelines.
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..II'_7m._711.IIO...
-
PoIl"~OOA . ..
~NUA'1OIii IHln Resolu.tion NurnbeF
POR .IUNG ADMlNIITRATIYI RIGULAnONI
WITH THI IICRnARY O' STAn
(Pun..nt fa _....oat CocI. loctl.. 11180.1)
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15086.
(f) The final EIR shall be presented to the
deCision-making body of the responsible
agency. The decision-making body shall
adopt the final EIR and consider the
contents of the report when it makes a
decision on the project.
(g) After making a decision on the project,
the responsible agency shall file a
notice of action taken on the project.
This notice shall be referred to as a
Notice of Determination. Such notice
shall include (1) the decision of the agency
to approve or disapprove the project, (2) the
determination of' the agency whether the project
will or will not have a significant effect on
the environment, and (3) whether an EIR has
been prepared pursuant to the provisions of
CEQA.
(1) If the responsible agency is a state
agency, the Notice of Determination
shall be filed with the Secretary
for Resources.
(2) If the responsible agency is a
local agency, the Notice of
Determination shall be filed with
the county clerk of the county or
counties in which the project would
be located.
(h) If the responsible agency is a state agency, a
copy of the final EIR shall be filed with the
appropriate planning agency of any city, county,
or city and county which will be affected by
the project.
EIR Combined with Existing Planning and Review Process.
Tb the extent possible, the EIR process should be
combined with the existing planning, review, and
project approval process being used by the responsible
agency. The responsible agency shall include the
EIR as a part of the regular project report where
such a report is used in the existing review and
budgetary process.
-21-
.......,. 1_1'1 ... 0..
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FOIIM .tOOA
..
Resolution Number
CClNIIIIUATlON INln
'OR FILING ADMINISTUTIVI REGULATIONI
WITH THI ReUTARY O' ITAT.
(Pu....., to _..... Cod. _.. 11310.1)
I
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15087. Additional Notices. In their implementing procedures,
public agencies may provide for the filing of notices
in addition to the notices required by these Guidelines.
Additional notices may include the determination that a
project is categorically exempt, that a project is
covered by the emergency exemption or the ministerial
exemption, or that an activity is not covered by the
act at all.
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-2la-
"....,. ...,. aM 0...
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Resolution Number
FORM 400A '
, ,
CONTINUATION INIIT
FOR FlUNG ADMINISTRATIVI REGULATIONS
WITH THI SlCRnARY O' STATE
(Punuant to Gowrn....nt Cad. Section 11380.1)
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ARTICLE 8. Categorical Exemptions
15100. Categorical Exemptions. Section 21084 of the Public
Resources Code requires these Guidelines to include
a list of classes of projects which have been determined
not to have a significant effect on the environment and
which shall, therefore, be exempt from the provisions
of the Environmental Quality Act of 1970.
In response to that mandate, the Secretary for Resources
has found that the following classes of projects listed in
this article do not have a significant effect on the environ-
ment and they are declared to be categorically exempt
from the requirement for the preparation of an EIR.
15101.
Class 1: EXisting Facilities. Class 1 consists of the
operation, repair, maintenance or minor alteration of 1
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 limited to:
(a)
Interior or exterior alterations involving such
things as interior partitions, plumbing, and
electrical conveyances;
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(b)
Existing facilities of both investor, and publicly
owned utilities used to conveyor distribute
electric power, natural gas, sewage, etc.;
(c)
Existing highways and streets (within already
established rights-of-way) sidewalks, gutters,
bicycle and pedestrian trails, and similar
facili ties;
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, land-
slide or flood;
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(d)
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(e)
Additions to existing structures provided that the
addition will not result in an increase of more
than 50 percent of the floor area of the structure
before the addition or alteration, or 2500 square
feet, whichever is less;
(r)
Addition of safety or health protection devices
for use during construction of or in conjunction
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.ltl..,.OI."".O..
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Po... 400A
.,
Resolutiqn Number
.
CONIINUAllON _n
FOR RUNG ADMINISTIATIVI REGULAnONS
WITH TNI SlCIDARY O' STAn
(punoanttD _r....... Cad. Soctlo. 11380,1)
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15103.
with existing structures, facilities or mechanical
equipment, or topographical features (including
navigational devices) where these devices do not
have or result in an adverse environmental impact;
(g)
(h)
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 Agricultural Code);
Maintenance of fish screens, fish ladders, wild-
life habitat areas, artificial wildlife waterway
devices, streamflows, springs and waterholes, and
stream channels (clearing of debris) to protect
fish and wildlife resources.
(i)
(j)
Fish stocking by the California Department of
Fish and Game.
(k)
(1)
Division of existing multiple family rental units
into condominiums.
Demolition and removal of buildings and related
structures except where they are of historical,
archaeological or architectural consequence as
officially designated by Federal, State or local
governmental action.
Class 2: Replacement or Reconstruction. Class 2 consists
or repiacement or reconstruct~on or existing structures
and facilities where the new structure will be located
on the same ~ite as the structure replaced and will
have substantially the same purpose and capacity as the
structure replaced, including but not limited to:
(a)
(b)
Replacement or reconstruction of existing schools
and hospitals to provide earthquake resistant
structures which do not increase capacity more than
50%.
Replacement of a commercial structure with a new
structure of substantially the same size and purpose.
Class t: New Construction of Small Structures. Class 3
consls s or construction and locatlon of single, new
facilities or structures listed in this notice and
installation of new equipment and facilities including
but not limited to:
(a) Single family residences not in conjunction with
the building of two or more such units.
(b) Motels, apartments, and duplexes designed for not
more than four dewlling units if not in conjunction
with the building of two or more such structures.
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"""'.'.71"1111I."
-
Resolution ~umber
POIIM 400A I
,
CONTINUATION IHln
'OR .IUNG ADMINiStRAtIVE UGULAflONS
WitH tHI SECRltARY O. StAtE
(Pursuant tit O...,n...nt Cod. s.ctIon 11380.1)
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(c)
stores, offices, and resturaunts if designed for
an occupant load of 20 persons or less, if not in
conjunction with the building of two or more such
structures.
(d)
Water main, sewage, electrical, gas and other
utility extensions of reasonable length to serve
such construction;
15104.
Accessory (appurtenant) structures including
garages, carports, patios, swimming pools and
fences.
Class 4: Minor Alterations to Land. Class 4 consists
of minor publiC or private alterations in the condition
of land, water and/or vegetation, including but not
limited to:
(e)
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(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 but not including tree
removal.
1
(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 manage-
ment areas of fish production facilities which
result in improvement of habitat for fish and
wildlife resources or greater fish production;
(e) Minor temporary uses of land having negligible or
no permanent effects on the environment, including
carnivaJs, sales of Christmas trees, etc,
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-24-
...I..7HI1_,.ISN a...
-
FORti "OOA
__.~ ' Resolution Number
........NUAlION ._ "
FOR flUNG ADMINISTRAT.V. UGULATIONI '.
WITH TH. RellTAIY OF ITAT.
{Po........ to _..... Cod. _an 11380.1l
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15105.
\
15106.
15107.
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Class 5: Alterations in Land Use Limitations. Class 5
cons1sts of m1nor alterations in land use limitations,
~xcept zoning, including but not limited to:
(a)
Minor lot line adjustments, side yard and set
back variances not resulting in the creation ot any-
new parcel nor in any change in land use or density;
Issuance of minor encroachment permits.
(b)
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: Re~u1atory Actions for Protection of Natural
Resources. lass 7 cons1sts of actions taken by regu-
latory agencies, as authorized by state law or local
ordinance, to assure the maintenance, restoration, or
enhancement of a natural resource, including but not
limited to wildlife preservation.
Class 8: Re~lator~ Actions for the Protection of the
Environment. lass consists of actions taken by regu-
latory agencies, as authorized by state 1aw,or local
ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment.
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, misrepresentation or adulteration
of products.
-25-
""'.7101_" '1M ai'
"011.. 400A
-
Resolution Number
" ,
,',
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.,..,......UATlON IIIIIT
POR .IUNG ADMINlSrunVl REGULAnONS
WITH rHI _RnARY O' STArl
(Punu..' to _of Cad. Soctl.. 11380.1)
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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.
Class 11: Accesso~ structures. Class 11 consists of
construction, or p acement or 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.
Class 12: SU~lUS Government Property Sales. Class 12
consists of sa es of surplus government property except
for parcels of land.
Relation to Ministerial Projects.
Section 21080 of the Public Resources Code as added
by Chapter 1154, Statutes of 1972, exempts all minis-
terial projects and activities of public agencies from
application of the CEQA. The matter of what is or is
not a ministerial project is up to the determination
of each public agency, based on an examination of the
applicable laws and ordinances. Thus, while the Cate-
gorical Exemptions listed in this subsection contain
classes or examples of projects which in many cases
will be ministerial, the inclusion of them is in no
way intended to imply any finding here that, in any
particular jurisdiction, they are ministerial or dis-
cretionary. The exemptions, naturally, only apply
where the project in question is found to be discretionary.
15114. Exception by Location.
I
15110.
15111.
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15112.
,
15113.
Class 3,4,5 and 11 are qualified by considerations of
where the project is to be located -- a project that is
ordinarily insignificant in its impact on the environ-
ment may in a particularly sensitive environment be
significant. Therefore, these classes are considered I
to apply in. all instances, EXCEPT where the project may
impact on an environmental resource, or hazard of criti- '
cal concern as may be hereafter designated, precisely
mapped, and offiCially adopted pursuant to law. More-
over, all exemptions for these classes are inapplicable
when the cumulative impact of successive projects of the
same type in the same place, over time is significant--
for example, annual additions to an existing building
under Class 1.
-26-
..'...710 '.71 ... O'P
-
POR.1 400A
"
Resolution Number
CON\'INUAIION sHIn .
FOR FlUNG ADMINISTRATIVE REGULATIONS . , . '
WITH THE SECRDARY O' STAll
(Punuant to Oovernm.nt Cod. SlICtlon 11380.1)
,
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15115. Revisions To List of categorical Exemptions.
(a) Any public agency may, at any time, request that
a new class of c~tegorical Exemptions be added, or an
existing one deleted. This request must be made in
writing to the Office of Planning and Research. If a
new class is to added, it will be referred to, pending
adoption, as a Proposed Class for Categorical Exemption,
and shall include detailed information about the type
of projects involved. The Proposed Class for CategoricaJ
Exemption must also give detailed information supporting
the contention that the type of projects in question
do not significantly affect the environment. Where the
projects may potentially be carried out In sub~tantially
differing environments, specIfic ~entjon shoula be made
as to the type of environment in which the exemption
may be npplled, or not applied.
(b) If the request is to delete an existi~g class of
categorical Exemptions, detailed information must be
included to support the contentio~ that the type of
projects does significantly affect the environment. Th~
request may, instead of proposing full deletion, only
propose llm1tation on the applicability of the class of
~,.tegorical Exemption to ce:-tain environments, or out
of certain environments.
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15116.
(c) The Office of Planning and Research will consider
the request, and deliver the request as soon as possible,
with a recommendation supporting or oPPosing the request,
to the Secretary for Resources, who shnll make the final
determination on accepting or rejc~ting the proposal.
Adoption of the revision will require an amendment
to these guidelines. Amendments must be made in accord
with the Administrative Procedure Act, including prov1-
sions for notice and public comment.
~lication by Public Agencies. The classes listed in
tli s article are broadly drawn, as are the examples
given with each. Each public agency shall, in the course
of establishing its own procedures, list those specific
activities which fall within each class, subject to
the qualification that these lists must be consistent
with both the letter and the intent expressed in the '
classes.
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""'.'11I1.7' .1.. 01"
-
~esolution Number
11'01111I 460";\. I
'.
a.._.....,_ ......
POR FILING ADMINISTlAnvl REGULAnONS
WITH THI.CUTARY O' STATI
(Pun..nI.. _.....nt C.... SocII.. 11310.1)
_'If.
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ARTICLE 9. Contents of Environmental Impact Reports
15140. General.
Environmental impact reports shall contain the informa-
tion outlined in this article.
15141. Description of Proj~.
The description of the project shall contain the
following information but should not supply extensive
detail beyond that needed for evaluation and review of
the environmental impact.
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15142.
15143.
(a)
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The precise location and boundaries of the proposed
project shall be shown on a detailed map, preferably
topographic. The location of the project shall also
appear on a regional map.
(b) A statement of the objectives sought by the proposed
project.
I
(c)
A general description of the project's technical,
economic, and environmental characteristics,
considering the principal engineering proposals.
Description of Environmental Setting.
An EIR must include a description of the environment in
the vicinity of the project, as it exists before commence-
ment of the project, from both a local and regional
perspective. Knowledge of the regional setting is
critical to the assessment of environmental impacts.
Special emphasis should be placed on environmental resources
that are rare or unique to that region. Specific reference
to related projects, both public and private, both
existent and planned, in the region should also be
included, for purposes of examining the possible cumu-
lative impact of such projects.
Environmental Impact.
All phases of a project must be considered when evalu-
ating its impact on the environment: planning, acqui-
sition, development and operation. The following subjects
shall be discussed, preferably in separate sections or
paragraphs.
(a) The Environmental Impact of the Proposed Action:
Describe the direct and indirect ~mpacts or tne
project on the environment, giving due consider-
ation to both the short-term and long-term effects.
It should include specifics of the area, the
resources involved, physical changes, alterations
to ecological systems and changes induced ,in
population distribution, population concentration,
the human use of the land (including commercial and."............
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I.
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Forell400A . ~
.. . . "
~UAndN.gn Resolution
POR .IUNG ADMINISTIATIYI REGULATIONS . ,
WITH THI SlCRDARY O' ITATI
Number
'.
(Puf'IUant to Ga".......nt Cod. Section 11380.1)
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( b)
( c)
(d)
(e)
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residential development) and other aspects of the
resource base such as water, scenic quality and
pUblic services.
Any Adverse Environmental Effects Which Cannot Be
Avoided if the Proposal is Implemented:
Describe any adverse impacts, including those which
can be reduced to an insignificant level but not
eliminated. Where there are impacts that cannot be
alleviated without imposing an alternative design,
their implications and the
reasons why the. project is being proposed, notwith-
standing their effect, should be described. Do not
neglect impacts on any aesthetically valuable sur-
roundings, or on human health.
Miti~ation Measures Proposed to Minimize the Impact:
Describe any mitigation measures written into the
project plan to reduce significant environmentally
adverse impacts to insignificant levels, and the
basis for considering these levels acceptable.
Where a particular mitigation measure has been chosen
from among several alternatives should be discussed
and reasons should be given for the choice made.
Alternatives to the Proposed Action:
Describe any known 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 the impact. Atten-
tion should be paid to alternatives capable of
substantially reducing or eliminating any environ-
mentally adverse impacts, even if these alternatives
substantially impede the attainment of the project
objectives, and are more costly.
The Relationship Between Local Short-Term Uses of
Man's Environment and the Maintenance and Enhancement
of Long-Term 'Productivity:
Describe the cumulative and long-term effects of the
proposed project which adversely affect the state of
the environment. Special attention should be given
to impacts which narrow the range of beneficial uses
of the environment or pose long-term risks to health
or safety. In addition, the reasons why the pro-
posed project is believed by the sponsor to be
justified now, rather than reserving an option for
further alternatives, should be explained.
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l"n.71O 1.711'" OIP
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Resolution Numbe~
Fo".. 400A '
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15144.
.,
CONIINUA_ .-
FOR FlUNG ADMlNISIRATM REGULATIONS
WITH IHI SICRDARY OF SIAII
(Pu...... to _.... Cad. IlocIIan 11380.1)
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(f) Any Irreversible Environmental Would
Be nvo ve n e Propose c e
Implemented:
Uses of nonrenewable resources during
the initial and continued phases of the project may
be irreversible since a large commitment of~ resources
makes removal or nonuse thereafter unlikely. primary
impacts and, particularly, secondary impacts (such
as a highway improvement which provides access to
a nonaccessible area) generally commit future gener-
ations to similar uses. Also irreversible damage
can result from environmental accidents associated
with the project. Irretrievable commitments of
resources should be evaluated to assure that such
current consumption is justified. t
(g) The Growth-Inducing Action: I
scuss t e ways n pro ec could
foster economic or population growth, either directly
or indirectly, in the surrounding environment.
Included in this are projects which would remove
obstacles to population growth (a major expansion
of a waste water treatment plant might, for example,
allow for more construction in service areas).
Increases in the population may further tax existing
community service facilities so consideration must
be given to this impact. Also discuss the charac-
teristic of some projects which may encourage and
facilitate other activities that could significantly
affect the environment, either individually or
cumulatively. It must not be assumed that growth
in any area is necessarily beneficial, detrimental,
or of little significance to the environment.
or~anizations and Persons Consulted
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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, I
firm 01' agency preparing the EIR, by contract or other ,
authorization must be given.
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......".1_71 .1. alP
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FORM 400A
. " "*
Resolution Number
. ,
, .
CcnmNUA~ _n
'OR flUNG ADMINISTRATIVI REGULAnONS
WITH THI SECRnARY O. STAll
..
(Punu.nt to _..11I Cad. SocII.. 11380.1)
I
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15145. Water Quality Aspects.
With respect to 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, reference to the certification should be
made.
15146. Contents of Final Environmental Impact Report.
(a)
The Final EIR shall consist of the Draft EIR
containing the elements described in Sections
15141,15142, and 15143 of these Guidelines, a
section containing the comments received through
the consultation process described in Article 10,
either verbatim or in summary, and the'response of
the Responsible Agency to the significant environ-
mental points raised in the review and consultation
process.
The respnnse of the Responsible Agency to comments
received may take the form of a revision of the
.Draft EIR or may be an attachment to the Draft
EIR. The response shall describe the disposi-
tion of significant environmental issues raised
(e.g., revisioQs to the proposed project to
mitigate anticipated impacts or objections).
In particular the major issues raised when the
Responsible Agency's position is at variance with
recommendations and objections raised in the comments
must be addressed in detail giving reasons why
specific comments and suggestions were not accepted,
and factors of overriding importance warranting
an override of the suggestions.
(b)
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""1.""" 1111 U.
FORM 400A
Resolu~ion NumPer
,
-
,.'
mNTINu~nON ...
POR .ILING ADMINISTUnvl REGULAnONS
WITH THI SlCRlTARY OF ITATI
IP.......'1o __, Codo _lOll 11380.1)
"
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ARTICLE 10. Evaluation of Environmental
Impact Reports
15160. Adequate Time for Review and Comment.
The Responsible Agency should provide adequate time for
other public agencies and members of the public to review
and comment on an EIR that it has prepared.
(a)
(b)
(c)
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(d)
These Guidelines do not provide a fixed period of
time for this review and consultation process in
order to allow variations according to local needs.
Public Agencies may establish time periods for
review in their implementing procedures and shall
notify reviewing agencies of the time periods.
In setting time periods for review, public agencies
shall give consideration to their obligation to
obtain comments from public agencies having juris-
diction by law with respect to the project and to
the policy favoring public participation.
While state and local agencies are not bound by
federal guidelines for implementing the National
Environmental Policy Act, the time limits in the
federal guidelines provide an example that may be
followed in some situations. The federal guidelines
require at least 90 days for the review of a draft
EIR and another 30 days for the review of a final
EIR. Review periods of this length may be desirable
for some large, public projects, but shorter periods
may be provided where the shorter period will still
allow adequate review.
I
A review period for an EIR does not require a
halt in other planning activities related to a
project. Planning should continue in conjunction
with environmental evaluation.
I
-32-
I"".'. ..n p.. 0..
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'ORM ",OOA
r . '.
. , Resolution Numb~r
CONllNUAllON IRIII "
FOR flUNG ADMlNISTUnVI REGULATIONS . ,
WITH THI SECRETARY O' STATI
.,~ . ..
(Punuaot 10 _..IIO., Cod. -.. 11380.1)
. ,
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15161. Review of Environmental Impact Reports
(a) Public agencies must develop procedures to ensure
that proJect sponsors obtain and receive adequate
comments on their EIRs from public agencies which
have jurisdiction by law wIth respect to the project.
Such procedures should include provisions for consul-
tation with persons who have special expertise in
environmental matters. It is suggested that public
agencies utilize existing state, and reg~onal or
local clearinghouses to distribute ElR's and other
environmental documents to appropriate agencies.
Cities and counties should compile listings of other
agenCies, particularly local agencies, which have
legal jurisdiction and/or special expertise with
respect to various projects and project locations.
Appendix B to these Guidelines identifies state
agenCies which have legal jurisdiction over, or
special expertise in, various impacts. This could
be the basis for a part of such listings.
(b)
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(~) Reviewers should focus on the sufficiency of the
EIR in discussing possible impacts upon the environ-
ment, ways in which adverse effects might be mini-
mized, and alternatives to the project, in light of
the intent of the act to provide decision-makers
with useful information about such factors.
(d) Upon completion of reviewing an EIR, it is suggested
that reViewing agencies supply the project sponsor
with the name of a contact person who is available
for later consultation should this prove necessary.
15162. Failure to Comment.
If any public agency or person who is consulted with regard
to an EIR fails to comment within a reasonable time as
specified by the Responsible Agency, it shall be assumed,
absent a request for a specific extension of time, that such
agency or person has no comment to make.
15163. Requests for Environmental Documents
The Responsible Agency ,after preparing an EIR or other
environmental document described in these Guidelines, is
responsible for making such documents available to the
public for inspection. Members of the general public
requesting copies of the EIR may be charged for the actual
cost of reproducing that copy.
-33-
..11..'."" nil 0...
Resolution Number
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FOIIM AOOA
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CONTINUATION IIIIIT
.oR FILING ADMINISTRAnYl REGULAnONl
WIIH 1M. SlCRDAIlY Of IIAn
(Pu....nt to _Mnt Cad. SocII.. 11380.1>
. r, '.
'.
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15164. Public Participation.
While the Environmental Quality Act of 1970 does not
require formal public hearings at any stage of the
environmental review procedure, it is a widely accepted
desirable goal of this process to encourage public
participation. All public agencies adopting implement-
ing procedures in response to these Guidelines should
make provisions in their procedures for wide public
involvement, formal and informal, consistent with their
existing activities and procedures, in order to properly
receive and evaluate public reactions, adverse and
favorable, based on environmental issues.
15165.
(a)
Public Hearings
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(c)
(d)
(e)
~mls
A public hearing on the environmental impact of
project should usually be held when the sponsor
it would facilitate the purposes and goals of the
CEQA and these Guidelines to do so. The hearing
may be held in conjunction with and as a part of
normal planning activities. To as great a degree
as possible, these hearings should include comments
from reviewing agencies made pursuant to these
Guidelines.
A Draft EIR should be used as the outline for dis-
cussion at a public hearing. For local agencies,
the hearing may be held at the city hall, county
administrative building or other place where public
hearings are regularly conducted by the agency.
As to other public agencies, the hearing may be
held at a location expected to be convenient to
the public.
Notice shall be given of all public hearings in
a timely manner. This notice may be given in the
same form and time as notice for other regularly
conducted public hearings of the public agency.
-:
I~
A public agency may include, in its implementing
procedures, procedures for the conducting of public
hearings pursuant to this section, which procedures
may be consistent with already existing hearing and
notice requirements of the public agency for regularly
conducted legislative, planning and other proceedings.
There is no requirement for a public agency to
conduct a public hearing in connection with its
review of an EIR prepared by another public agency.
-34-
""'.".'-7'"'' os.
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FOIIM-..boA
,'< "
CONrlNuAnoIt _ ResolutioIJ Number
.oR FILING ADMINISlRAnYI UGULAnONI "
WIIM IHI IICUIARY OF SIAn
(punuant to G-....., Cado SocII.. 11380.1)
I
\1
15166. Retention and Availability of Comments.
Comments received through the consultation process
shall be kept on file for a reasonable period and
available for public inspection at an address given
in the Final EIR. COMments which may be received
independently of the review of the Draft EIR shall
also be considered and kept on file.
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"'''.'NO 1_" .. aa.
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. I' .
~ _~_, Resolution Number
_..NUA_ _ . "
FOR RUNG ADMlNIITRAIIVI UGULAnONI . .
WIIH IHI IICRDAIlY O' STAn
(punu.. to _........ Cad. _.. 11380.1)
APPENDICES
.
I
Appendix C
Flow Chart
Statutory Authority of State
Departments
Notice of Completion Form
.
Appendix A
Appendix B
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CONTINUAIION _n Resolution , N~,er
FOR flUNG ADMINIIIUnYl RIGULAIIONI . .
WIIH IHI IICUIARY O' STAll
(Pu....., to G-.OIO.' Cado SocII.. 11310.1)
. t
,
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Appendix A
IIIV'JIlamUftAL DIMC'!' _POll'!' "MRU.
FLOW CHART
10 po..1b1.
.11ft1tlo_t;
.that
Publio A..nor .valuat.. Prapo..d Aattwit, to
detll'll1M1 1t thtlN 1. . po..lb1l1t, that the
Aativit, ~ have . .lcnltloant .treat an the
...ll'OllMllt.
r------.-----.
I
.
Dlt~Rlnatlon at
app110ab111ty at OIQA
,
,
,
,
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L.____________
rolllllilla 11&nltloant attaot
10 &II Nqll11"lld
undar tM Calltomla
EnYlI'CI_ntal
Quallt;r .lot (CIU)
PIIbllo ~y detamlne. lt AotlvU, 1. .
"proJaot .
Hon-proJao
ProJact
.
Public Alana, datal'll1nel It "praJaot II
"lnl.tarlal~ Ba1'lana, or Dlloratlonar;v.
lIinletarial proJao
.......no, pl'ClJao
"
I
m.lcNtlonar;v
Publlo Asency clatamlnal lt "proJact"
111 catalorloalh' exempt.
Catalorloa11, ,
Not CatalO1'1oa11 kallpt
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· fi;t";';i:.tloo;;-;t---,
· -"C Lead AcanOJ' IIIMl'II '-_
i . 1I0re than ona 'Iano;r I
too L_t:.'_~~V!~v.=!.._____J
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leapon.lbla "Ianc,
tu.. ....tlYII
Dlolaratlon with
approprlate ..ano,
ln .uttlcl..t t1M
prlor to appra'll.1
or 1'0 eot.
Public Apnoy undartalc.. lnltlal IItUcQ'
to determlne lt "proJeot" .Ul not have WUl not have
a .lpltloant atteot 01'1 the elpltloant att..
.nvll'Ollllllllt.
Nay haw elpltloant athiot
".ponelbl. A&anoy Pl'llMl'lle or oau... to ba
pl'IIparad a dNtt 811t. (It Lead Aaeno:V1
Conaultatlon witb aPPl'OPl'lata othllr qanal...)
...~lbl. ....., tl1a. lotloe at Canpletlan wlth
1!I.cratazoy tOl' ....GUre.. and dlatrlbut.. d1'l.tt lIlt
tor C..-ntl.
CQft8Ultatlon wlth Publlo Alenalee
haYln& Juri.dlatlon bJ' la.
Con..ltatlan wlth p....on. tlavlftl
.,..o1a1 a&plrtl.a witb raprd to MI'
aUl'CIIlNIltal blpaat involved
.,
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"'.pon.nla "anay pNpal'e' 'lnal 11ft "tleat1q
reaction. to .11R1r1a.nt rllvl_ c~t..
COIUIldll:rw.tlon and Approval at 11na1 III
'b:v dtIo1alon-ukllll bad,.
IIDI'II 'fhl. t1_ ohart; 18 lII.t.ndad to _:NI1;r il1atrat.
tM al preo... ocnt....lat.d b, tM" CIIIIldal1na.
!'till laquq. oontalnad ln tM CIIIIld.11n.. .hou1d .
aentre1 ln oa.. ot dlIlONPMCIla..
Looa1 "anole.
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Resolution N~mber
CONTlNUAnllN INln '.
.oR FlUNG ADMlNlSTUIIVI RIGULAnoNl
WIIH IHI IICmARY OF SIAn
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AppendiX B
.
- A" quolllV and cur pollution tanlral
"'l Ch.."ca\ rontollnnatlonandiooclpraduch
Coastal 0"01 wetlands. e.I\IlI.,D..
w ..010,1_1 refuges.andb.aehu
.... Conll"!Iollliln ,nu.banarellS.hOIl!tlnglllld
bu,ld'llsd,.place",ent
'" D,"'asecanl,al
00 Elec:tr,cDne'IlVge"arauanondsupply
.... Env'ran....ntal.ll.chw.fh.pec:.ol
.........ct'n low.mcD"'. "..t.......o,noad,
ex> FloodpIDlnsand..at..,heds
oa Fggdadd'l,vuDndlooclsanllllIIDII
is Herb'cul..
~ N H"n'gnecoloty
:: HlIlol\t:ond .e..Uloeolollu;alsltes
)C w M,e.ob,oIOIl,roleonlol'lInOIIl.n
A. Mln.l1Illandrec:lo,"ol,on
u: Natural 9.0. enerll~ d....lopIl'l!lRt
Ilen"rot,onondsul>ply
0: Nov'gabl. alrwo)s
:::::i Nav'gabl.wallllrways
)( ;0 ~m;:'I=:::~sl",." aM lWldoor
a;: NOli" '01'11'01 and abo!ll!.....nt
>< I!!!: P"llle.dD$
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J::I Rell,anal c:ompr.h.nllve plann'l'lll
t:I Radent eal'l.ol
~ Sorl>\o'IIDnOlld_ste-..,.taml
l::l: ShellfuhunltatlOfl
l;;:! SOllandplanllrfe,udllftenlallOn,
I!',ot.,on and hydrologiC eDndl"on~
..
t:I TO"le mOlerlols
..., T.onpo.lohon and h....dlln~Q(
IIIll hOla.dous maM'"ols
>< ~ Wata.qualltyondwaltrrpollulloncontrol
\ii 1S F.t.h and wrldhle
~ Ac:t'''lhl!'5 WIth spee,ol IInpacl an
rell,onallulIsdlchont.
::::: Walerprolecl formul""on
t: G"olh..molener9Y
w Orl and petroleum dewlap",enl,
.. IlCnerollanondsupply
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Statewide land use patterns
Onen Snace nolicy
Statewide oyerYiew--cumulative impact
nf ..ft.P.~_ ft.ft4.~..
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FORM .cOOA
Resolution Number
.'
CONTINUAllON sNln
'OR PILING ADMINllTUnvl UGULAnONS
WIIH IHI IICRElARY O' SIAn
(Purou.. to _..... Cad. Soctl.. 11310.1)
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ot 3cparate pr~jects
B-2 '1.'.."" 1.7111. o.~
-
.. ~. II
Resolution
., ,
_A_ IHm
'OR flUNG ADMINISIUnYl RIGULAIIONS
WIIH IHI SICUIARY OF SIAII
lPv_ to _m....' Cado SocII.. 11310.1)
Number
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FOIIM .OOA
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APPERDIX B FOOTNOTES
!!2.:.
1. Aariculture - (1) Air quaUty and air pollution control
Effects on plants aDd animals
2. Aariculture - (12) Human Ecology
Protection of food and fibre
I 3. Aariculture - (24) Sanitation aDd waste sy~tems
I Agricultural, dairy and feed lot systems
4. Allriculture - (28) Transportation and haDdling of hazardous materials
As pertains to transportation, handling, storage aDd decontiamination
of pesticides.
5. Aariculture - (30) Fish and wildlife
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Pe~ticide effects, predatory animal control,bird control
6. ~ - (1) Air quality and air pollution control
Enforcement of motor vehicle regulations
7. Public Health - (3) Coaatal areas, wetlands, etc.
Beach sanitation, water pollution, ~olid waste and mosquito control
8. Public Health - (4) Congestion in urban areas, housing and building
displacement
Peetains to health component
~I
9. Public Health - (7) Environmental effects with ~pecial impact in
low-income neighborhoods
Most of these are ~trongly related to health
10. Public Health - (16) Navigable airways
Pertains to noise
11. Public Health - (22) Regional comprehensive planning
Pertains to personal and environmental health component~
12. Public Health - (30) Wildlife
As it may pertain to human health hac.rds
B-3
..'...710..7'...0...
Resolution Number .
FORM 400A A J
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CONTlNUAftDN IHIn
FOR FlUNG ADMINIIIUIIYI RIGULAnONl
WIIH IHI IICRDAIlY O' ITAII
(punua.' to _01 Cad. _.. 11310.1)
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No.
13. Public Health - (31) Activities with special impact on regional jurisdictions
Pertains to comprehensive health planning
14. Colorado River Board - (2), (3), (5), (6), (8), (10), (13), (17), (19),
(21), (22), (24), (26), (27), (29), (30), (31), (32) and (33).
A~ pertains to the Colorado, New and Alamo Rivers
IS. Fish and Game - (IS) Natural gas energy development, generation and supply
As field development and distribution systems may affect fish and wildlife ~
16. Fish and Game - (16) Navigable airways
As may affect migrating and resident wildlife
17. Fish and Game - (18) Noise control and abatement
As excessive noise may affect wildlife
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18. Fish and Game - (24) Sanitation and waste systems
As water quality may affect fish and wildlife
19. Parks and Recreation - (7) Environmental effects with special impact in
low-income neighborhoods
In impacted areas only
20. Reclamation Board - (8), (17) and (32)
In areas of Board's jurisdiction only
21. State Water Resources Control Board - (4), (30), (33) and (34)
As may pertain to water quality
22. Conservation - (5), (10), (20) and (23)
With respect to forest land
23. Conservation - (6) and (32)
As related to fire protection or State (fire protection) responsibility land
24. Air Resources Board - (4), (22), (32). (33) and (36)
As may pertain to residential, commercial. industrial or transportation
growth
B-4
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__~.. ~_ Resolution Number
'liUftJIR.IIIII'II _n ' .. ,
.oR PlUNG ADMlNISIUIIYI RlGULAIIONS " ' . ,
WIIH IHI __AllY O' ITAII
(Puma. to _... Cad. SocII.. 11310.1) "
. ..
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.
state of California Appendix C
The Resources Agency
SECRETARY FOR RESOURCES
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
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Provided for Review
Address Wnere copy or DraTt ErR is Avai1ab~e
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.oR .IUNG ADMINllIUnYI UGULAnONS..... '.
WIIH IHI IICROAllY O' IIAI.
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(I'll..... to'_....... Coda Socii.. 11380.1)
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This regulation shall become erfective on the date
of filing pursuant to Government Code Section l1422(a)
as provided by Public Resources Code Section 21083.
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