HomeMy WebLinkAboutCC Res 2295 1974-03-11
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RESOLUTION NO. ~~ ~~
~ RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH ADOPTING AMENDED GUIDELINES
FOR THE PREPARATION AND EVALUATION OF ENVIRONMENTAL
IMPACT REPORTS
THE CITY COUNCIL OF THE CITY OF SEAL BEACIl HEREBY RESOLVES AS FOLLOWS:
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WHEREAS, the California Environmental Quality Act requires that a
local jurisdiction adopt guidelines for the preparation and evaluation of
Environmental Impact Reports, 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, and
WIlEREAS, the City of Seal Beach adopted the State guidelines for
the implementation of the California Environmental Quality Act of 1970 in
March of 1973, and
WHEREAS, the State Resources Agency has revised the State guidelines
in December of 1973.
NOW, THEREFORE, 8E IT RESOLVED:
1. The Environmental Impact Report Guidelines, a copy of which is
attached hereto and incorporated herein is hereby adopted.
2. This resolution shall not be deemed to rescind previous policy
determinations not in conflict with the above provisions.
PASSED, APPROVED AND ADOPTED by the ci'/Council of ,(he..,l:ity of Seal
Beach at a regular meeting thereof held on the, ~day of ~~~A,'~ ,
1974, by the following tel
AYES: Councilmen
NOES: Councilmen
ABSENT: councilmen~#~~~
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ayor
ATTEST:
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1l0'.L'MN B~.:VERMORE, IR,
SECRETARY
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Resolution Number
ROIlALD REAGAIl
GOVERIlOR OF
CALlFORIlIA ".
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~ om" OF THE SECRETARY
, . RESOU~CES BUILDIIlG
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,THE RESOURCES AGENCY OF CALIFORNIA
SACRAMENTO. CALIfORNIA
December 17. 1973
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TO WHOM IT MAY CONCERN:
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Attached for your information is a copy of the amended Guidelines
dealing with environmental impact reports. The Amendments were riled
with the Secretary. of state on December 17. 1973. and went into effect
immediately. The attached copy is complete. containing both the
amended and the unchanged sections.
most significant changes in the amendments are as follows:
Negative declarations shall state the reasons for a conclusion.
Public agencies may use a draft EIR from a developer only after
giving the draft an independent evaluation.
An ErR on a local general plan may be of a general nature and may
be combined with the general plan document.
The Resources Agency will produce an ErR Monitor.
The terms IlLead Agency" and "Responsible Agency" are revised.
Public Agencies are given until February 15. 1973. to bring their
procedures into conformity with the amended Guidelines.
Iti the hearings on the Amendments. we were urged to go back to the
drawing boards on the following five main issues:
1. The definition of significant effect. '
2. The scope and record required for categorical exemptions.
3. Whether there is an overriding duty to prevent environmental damage.
4. Whether further provisions for public participation should be
required.
5. Whether a developer may prepare his own draft EIR.
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Instead of delaying the Amendments. we decided to adopt the Amendments
now and to do additional work on the five remaining issues,. As we
proceed. we will consult with groups representing a broad range of
interests and will welcome letters from the public. Additional hearings
will be scheduled when we have formal proposals to discuss.
Additional copies of these Guidelines may be obtained at a cost of
$1 per copy plus tax from the California Department of General Ser-
vices. Documents Section. P.O. Box 20191, Sacramento. California 95820.
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RespectI:ully.
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Secretary for Resou~ces
Attachments
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GUIDELINES FOR IMPLEMENTATION OF THE
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CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
AS AMENDED
DECEMBER 17, 1973
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Regulations in California Adminis~rative Co~e
Title 14, Division 6
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STATE OF CALIFORNIA
OFFICE OF THE SECRETARY FOR RESOURCES
1416 NINTH STREET, SUITE 1311
SACRAMENTO 95814
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SIGNIFICANT POINTS IN AMENDMENTS
1. Negative declarations shall state reasons for conclusion.
Sec. l5083(b)
2. Regulatory programs that protect the environment shall be categori-
cally exempt only if they include detailed procedures for environ-
. mental protection. Sec. l5107 /I: 15108
3.
Public agencies may use a draft EIR from a developer only after
giving the draft an independent evaluation. Sec. 15061(b)
The duty to prevent environmental damage should be balanced with
other pUblic objectives. Sec. 15012
4.
Provisions Should be made to allow greater public involvement.
Sec. l5083(b), 15160(c)
An EIR on a local general plan may be of a general nature and may
be combined with the general plan document. Sec. l5147(b) /I: (c)
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The Resources Agency will produce an EIR Monitor on a subscription
basis. Sec. 15180
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The terms "Lead Agency" and "Responsible Agency" are revised apd
clarified. Many sections.
A new section should be added to identify mandatory, advisory, and
permissive elements in the Guidelines. Sec. 15015
The definition of "emergency" should be expanded to increase the
exemption for emergency projects. Sec. 15025
More information is given on resolution of lead agency disputes
by the Office of Planning and Research. Sec. 15065.5
Public agencies shall "certify" rather than "adopt" an EIR.
Sec. l5085(f) .
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A Statement of Overriding Considerations may be used where a
project is approved despite adverse information in an'~IR. Sec. 15088.
Minor alterations of land will not be categorically exempt where
they involve removal of mature, scenic trees. Sec. l5l04
Public agencies may add but not delete examples under categorical
exemptions. Sec. 15116
The degree of specificity in an EIR should correspond to the degree
of specificity in the project. Sec. 15147
The review period for EIR's sent to the State should be the same as
the st~te review period. Sec. l5161(e)
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Significants Points in Amendments
page 2
18. Public agencies should normally prOVide a review period of not less
than 30 days for draft EIR's. Sec. 15160(c)
19. The Notice of Completion form is revised to facilitate preparation
of the Cal1fornia EIR Monitor. Appendix C
20. A Notice of Intent form is added as Appendix D for use in sending
EIR's to the State Clearinghouse.
21. Public Agencies have until February 15, 1974, to bring their
procedures into conformity with the amended Guidelines. Sec. 15014(b)
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TABI.E OF COll'l'ENTS
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ARTICLE StmJ'ECT PAGE
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,J, Qeneral 1
2 Purpose 1
3 Policy 1
4 Definitions "4
1 ,5 Qeneral Responsibilities 8
6 Application of the Act to Projects 9
7 Evaluating ProJects 16 .
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8 categorical Exemptions 22
9 Contents of EIR's 27
10 Evaluation or EIR's 31
11 EIR Monitor 34 ~
APPErmICES
A Environmental Impact Report Process A-l
Flow Chart
B Statutory Authority of State Departments B-1
C Notice of Completion Form C-l
I' D Notice of Intent Form D-l
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115010.
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CHAPTER 3. GUIDELINES FOn IMPLErmUTATION OF THE
CALIFORNIA ENVIRONMEl~TAL QUALITY ACT OF 1970
ARTICLE 1. General
Authority. The regulations contained herein are presc~ibed
~he 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:
Secretary for Resources
Room 131l, 1416 Ninth Street
Sacramento, CA 95814 .
ARTICLE 2. Purpose
Pur!ose. The purpose of these Guidelines is to provide
pub ic 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 l154 of the statutes of 197~ (AB 889).
Public aglmcies shall adopt objectives, criteria, and
procedures for the orderly evaluation of projects and the
preparation of environmental documents. Such procedures,
objectives, and criteria shall be consistent with CEQA and
these guidelines.
ARTICLE 3. Policy
Le~islative Declaration.
that:
(a) Every citizen has a responsibility to contribute
to the preservation and enhancement of the
environment.
The Legislature has declared
(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 environment, shall regulate such
activities 50 that major consideration is given
.. to preventing environmental damage.
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15011.
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115012.
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state Policy. The Le!;1Blature 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.
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.
(b)
(c)
Prevent the elimination of fish or wildlife spec~es
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.
(d) Ensure that the long-term protection of the
environment shall be the guiding criterion
1n public decisions.
(e) 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.
(f) Require governmental agencies at all levels to
develop standards and procedures necessary to
protect environmental quality.
(g) 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 ~he environment.
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Informational Document. An Environmental Impact Report is
an informational document whlch, ~lhen fully prepared in
accordance with CEQA and these Guidelines, will inform
public decision-makerc and the general public of the envi-
ronmental effects of projects they propose to carry out or
approve. The EIR proces~ is intended to enable public
agencies to evaluate a project to determine whether It may
have a significant effect on t.he environment, to examine
and inst1 tute mp.thodG of reducJ ng adverse impacts) and to
consider a1ternatlve~ to the project as proposed. These
things must be dune pr:inr to approval or disapproval of the
project. An gIR may not be ul:cd as an instrument to ratjo-
nalize approval of a proJect, nor do indications of adverse
impact, as enunciated 1n an EIR, require that a prnject be
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disapproved. While CEQA requires that major consideration
be given to preventing environmental damage, it is
recognized that public agencies have obligations to balance
other public objectives. including economic and social
factors in determining whether and how a project should be
approved. Economic information may be included in an.EIR
or may be presented in whatever form the agency desires.
Early Preparation. An EIR is a useful planning tool
to enable environmental constraints and opportunities
to be considered before pro'ject plans are finalized.
EIR1s should be prepared as early in the planning process
as possible to enable environmental considerations to
influence project program or,design.
Application. (a) These Guidelines have only general appli-
cation to the diversity of pr().jects undertaken or approved
by public agencies. They provide ba3ic principles, objec-
tives, criteria and definitions which individual public
agencies shall adapt for internal use, interpreting these
Guidelines in terms of specific projects. To imp] ement
these principles. objectives, criteria, and definitions,
public agencies shall specify procedures to be followed
which must be consistent with CEQA aAd these Guidelines.
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(ll) Until February l5, 1974, any objectives, criteria, ,
and procedures adopted by public agencies in compliance
with Cr~A and these Guidelines may continue to govern
the evaluation of projects and the preparation of
environmental impact reports without being brought into
conformi ty ~ll tll the amendments to these Guidelines
adopted by th~ S~cretary for Resources in December. 1973.
Public agencies may bring their objectives, criteria,
and procedures into conformity with the amended guide-
lines before February 1. 1974.
Terminology. The following words are used to jndicate
whether a particular subj!!ct in the Guidelines is mandatory
advisory. or permissive: ·
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(a)
"Must" or "shall" identifies a mandatory element wh1ch
all public agencies are required to follow.
"Should" identifies (';uidance provided by the Secretary
for Resources based on policy considerations contained 111
CEQA, in the legislative history of the statute, or in
federal court decisions which California courts can be
expected to follow. Public agencies are advised to fol-
low this guidance in the Il,bsence of compelling.
countervailing considerations.
(e) ~ "May" identifies a pcrm.l:::sive element which ill left ful.ly
to the discretion of the public agencies involved.
(b)
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ARTICLE 4.
Definitions
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
not to replace or negate the definitions used in CEQA.
Applicant. Applicant means a person who proposes to carry 0111.
a project which needs a lease, permit, license, certificate,
or other entitlement to use or financial asroistance from one
or more public agencies when that person applies for the
governmental approval or assitance.
Approval means the decision by a public agency which
commits the agency to a definite course of action in
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.
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.
CEQA. - Callfornia t:n"j ronr::er.tal 'luaU ty Act. California
Environmental Q,ual1ty Act (CEQA) means CaUfornta Public
Resources Code Sections 21000 tnrough 21174.
Categorical Exemption. Cntcgorical Exemption means an
cxception,from l.he requirpments of CEQA for a class of
proJectr. based on a findln~ by the Secretary for Resources
that the class of pro,iects does not have a significant effecl.
on the environment.
Discretionary Project. Discretionary project means an
activity defined as a project which requires the exercise
of judgment, deliberation, or decision on the part of
the publiC agency or body in the process of approving or
Emergency. Emergency means a slldden, unexpected occurrence
demanding immediate aet.iorl 1.0 prevent or mitigate loss or
damage to lire, health, property, or essential public servi"'ls.
Environment, EnvironmF'nt means t.he physical conditJons which
exilit wi thin the ar(m whi ch wilJ. be affected by a proposecl.
project inCluding land, alr, water, minerAls, flora, fauna,
ambient noise, objects of historic or aesthetic sjBniftcance.
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Environmental Documents. Environmental documents means Draft
and F'inal EIR's, initial Studjes, Negative Declarations,
Notices of Completion, and Notices of Determination.
EIR - Environmentnl Imr.~ct RGport. Environmental Impact
~ort \~irr}i~1U1U a u~rrrI:~ ~~atement setting forth
the environmental effects and considerations pertain-
ing to a project as specified in Section 21100 of the
California Environmental Quality Act.
(a)
Draft EIR means an EIR containing the information
specified in Sections 15141, 15142. and 15143 of
these Guidelines. , '
(b)
Final EIR means an EIR contajnin~ the information
specified in Sections 15l4l. 15142, 15143, and
15144 of these Gujdelines, a section for comments
received in the consultation process, and the response
of the Lead Agency to the comments received. The
final EIR is discussed in detail in Section 15146.
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EIS - Environmental Impact Statement, Environmental Impact
S'\."atemen\; \~l.::;) 1...:8nu an u1Hlx'onm<:lrt'al impact report
prepared pursuant to the National Environmental Policy
Act (NEPA). The Federal Government uses the term EIS
in the place of the term EIR which is used in CEQA.
Feasible. Feasible means capable of being accomplished
in a successful manner by reasonably available, economic,
and workable means.
Initial' StUd~. Initial study means a preliminary analysjs
prepared by he lead agency pursuant to Section l5080 to
determine whether an EIR or a Negative Declaration must
be prepared.
Lead Agency. Lead Agency means the public agency which has
the principal responsibility for preparing environmental
documents and for carrying out or approving a project which
may have a significant effect on the environment.
Local Agency. Local agency means any public agency other
than a state agency, board or commission. Local agency
includes but is not limited to cities, counties, charter
cities and counties, districts, school districts, special'
district, redevelopment agencies and any board, commission
or organizational subdivision of a local agency when so '
designated by order or resolution of the governing
1~gls1ative body of the local agency.
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15032.
15033.
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Ministerial Pro,ects. Ministerial projects as a general
ru e, nclude ooe 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 regulation
may require, in some degree', a construction of its
language by the officer.
Negative Declaration. Negative declaration mea.ns a
statement by the lead agency briefly presenting the
reasons that the project, although not otherwise exempt,
would not have a significant effect on the environment
and therefore does not require an EIR.
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1 ~O:'Sll. Notice of Complcti on. Notice of' Completion means a
brief' report filed wi th the Sec re tary for Resources
as soon as a lead agency has completed a draft EIR and
,j: ..', is prepared to send out copies for review. The -
~ontents of this notice are expla.ined in Section 15085
15035.
15036.
15037:
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(c) .
Notice of Determination. Notice of Determination means
a brief notice to be tiled 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
this report are explained in Section 15085(g).
Person. ,Person includes any person, firm, association,
organization, partnership, business, trust, corporation,
company, qistrict, county, city and county, city, town,
the state, and any of the agencies' political subdivi-
sions of such entities.
,Project.
(a)
Project means the whole of an action, resulting in
physical impact on the environment, directly or
ultimately, that is any of the followine:
(1)
an activity directly undertaken by any public
agency including but not limited to public
works construction and related activities,
clearing or grading of la.nd, improvements to
existing public structures, enactment and
amendment of' zoning ordinances, and the
adopt10n of local General Plans or elements
thereof pursuant to Government Code
Sections 65100 - 65700.
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15040.
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(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.
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.
(3)
(b) Project does not include:
(1) Anything specifically exempted by state
law;
(2) Proposals for legislation to be enacted
by the state Legislature.
(3) Continuing 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.
The submittal of proposals to a vote of the
people ot the state or of a particular
community.
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(4)
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c e erm proJec re ers to the underlying activity
and not to ehe governmental approval process.
Public Agency. Public agency includes any state agency,
board or commission and any local or regional agency,
8S defined in these Guidelines. It does not include
the courtsfofhthe state, This term does not include
agencles 0 t e redera~ governmen~.
Responsible Agency. Responsible agency means a public
agency which proposes to undp.rtll.ke or approve a project,
but is not the lead agency for the project. Jt includes
all publiC agencies other than the lead agency which
have approval power over the project.
Significant Effect. Significant effect means a substan-
tial adverse impact on the environment.
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15050.
15051,
15052.
15053.
15054.
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ARTICLE 5. General Respons1b~11t1es
Public A~encies. All public agencies are responsible for
comply1n~ lnth the CEQA, according to these Guidel1nE\s.
They must develop their 0\1n procedures consistent with
these Guidelines, Where a public agency is a lead agency
and prepares an EIR itsolf or contracts for tne preoaration,
that public agency 1s responsiule entirely for the
adequacy and objectivity of the EIR.
Office of Plannin~ and Research (OPR). OPR is respon-
sible for the 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 malces appropriate recommendations to the
Secretary for Resources. OPR shall be respon-
sible for resolving dioputes over Lead Agency designation.
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The Secretary of the Resources Ar,ency. The guidelines
shall be officially adopted by the Secretary of the
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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.
Fees.
(a)
Ail lead agencies pre~aring EIR's or Negative
Declarations for projects to be carried out by
any person other than the lead 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 or
Negative Declaration.
Public agencies may cha~ge and collect a fee from
members of the public for the actual cost of
reproducinp; a copy ,of an environmental document
requested by the member of the public.
(b)
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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15060.
15061.
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ARTICLE 6. Application of the Act to Projects
General Rule. The requirements set forth in these Gulde-
iinea apply to projects which may have a significant .
effect on the environment and which involve discretionary
governmanta1 action. Where it can be seen with ce~tainty
that the activity in question will not have a significant
effect on the 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.
Projects Controlled by State or Local Agencies.
(a)
When a public agency plans to carry out or approve a
project which may have a significant effect on the
environment, the lead agency shall prepare envi-
ronmental documents through its own efforts or
by contract unless the project is otherwise
exempted by these Guidelines.
(b)
Where a project which may have a ,significant effect
on the cnvironment is to be carried out by a non-
governmental person subject to approval, financial
support, or some other involvement by a public agency"
the lead agency will prepare, environmental documents
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 sig-
nificant effect on the environment, and to assist in
the preparation of an EIR by the agency. This
information may be submitted in the form of a draft
EIR" if the agency desires. If information is provided
in the form of a draft EIR, the lead agency may not
use the draft EIR as its own without independent
evaluation and analysis. The, draft EIR which is sent
out for public review must reflect the independent
judgement of the lead agency. The lead agency should
require an applican~ to specify to the best of his
knowledge which other public agencies will have
approval authority over the project.
(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
.
"
"
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Resolution Number
10
"
.
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.
I,
(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 15143 of these Guidelines.
(e) All public and private activities or undertakings
pursunnt to or in furtherance of a redevelopment
plan constitute a single project, which shall be
deemed approved at the time of adoption of the
redevelopment plan by the legislative body. The
EIR in connection with the redevelopment plan shall
be submitted in accordance with Section 33352 of the
Health and Safety Code.
.
, (f) All of the above is subject to the lead agency
principle which provides that not more than one EIR
shall be prepared in connection with the same
underlying activity and that the EIR shall be pre-
pared by the Lead Agency,
Section 1?062 is repealed.
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.
.1
(b)
In cases where these Guidelines require the prepara-
tion of an EIR by a lead agency and an EIS has been
or will be prepared for the same project pursuant to
the requirements of the National Environmental Policy
Act of 1969 and implementing regulations thereto, all
or any part of such statement may be suhmitted in lieu
of all or any part of an ErR required by these
Guidelines, provided that the ErS or the part thereof
so used, shall comply with the requirements of these
Guidelines. In most cases where the f,~deral ErS is
used, discussion of mitigation measures and growth
inducing ,impact will have to be added because these
elements ere required by CEQA but not by the National
~vironmental Policy Act.
'.
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15064.
,.
1?0(j~).
:.\.
" .
,Resolution Number
11
. .~
Lead Agency Principle. Wherc a project is to be carried
out or approved by more than one public agency only ,o~e .
public agency shall be responsible for prcparation of'
environmental documents and it will be the Lead Ag~ncy.
Such environmental documents will be prepared by the Lead
Agency in consultation with all other responsible agencies.
The Lead Agency's environmental documents shall be the
environmental documentation for all responsible agencies.
Such responsible agencie,s shall consider the Lead Agency 's
EIR or negative dcclaration prior to acting upon or
approving the projects, and they shall certify that their
decision-making bodies have reviewed and considered the
information contained in them.
Lead Agency Criteria.
(a)
'If the project is to be carried out
the Lead Agency shall be the public
proposes to carry out the pro,ject.
by a public a~ency.
agency which
.
(b) If the project is to be carried out by a
nongovernmental person, the ~ad Agency
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 bv 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.
(e) 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
Agency (following the principle that the
environmental impact should be assessed as
early as pOSSible in governmental planning).
(d)
Where the provisions of subsections (a), (b), and
(c) leave two or more public agencies with an equal
claim to be the lead aeency, the publiC agencies may
by agreement designate which agency will be the lead
agency.
.
1-
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15065.5.
'.
l'jociG.
.
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Resolution Number
12
':
Desi~nation of Lead A~en~y by Office of Plannin~ and
~ese~rch. Ca) Xn the ev~nt that the designation of a Lead
Agency 1s in dispute, the following criteria shall apply:
(1)
PubliC agencies should consult with each other in
an effort to resolve the dispute prior to
submitting it to OPR.
(b)
If an agreement cannot be reached, any public
agency involved may submit the dispute to the
OPR for resolution.
Regulations adopted by OPR for resolving lead agency
disputes may include the following:
'(2)
(c)
Submission of written statements to PPR and
other disputing public agencies;
Certification by OPR that a Lead Agency dispute
exists;
Publication of notice that a dispute has been
submitted to OPR;
Determination of the dispute on the basis of
written statements or by a hearing.
Designation of a Lead Agency by OPR shall be based
on consideration of the criteria in Section 15065
as well as the capacity of the agency to
adequately fulfill the requirements of CEQA.
.
, (1)
(2)
(3)
(4 )
Consulta.tion with Responsible Agencies. When more than
one pUlJllC agen(~y w~,u De ~lIvo.lveu ~n undertaking or
approving a project, the Lead Agency shall consult with
all responsible agencies (i.e., all toe other public
agenc1es involved in carrying out or approving the project.)
before completing a draft ErR or Negative Declaration.
This early consultation is designed to insure that the
EIR or Negative Declaration will reflect the concerns
of all responsible agencies which will issue approvals
for the project. After completin~ the draft ErR or
Negative Declaration, the Lead Agency shall also consult
with other public agencies having jurisdiction by law
and should cons~lt with persons having special expertise
as described in Sections 15083 and 1508~.
~.
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]5067.
I, l')Ol:iB.
1?o69.
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Resolution Number'
,
13
"
SUbse{uent EIn. Where an EIR has been prepared, no
addit onal 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 a previous EIR on the project;
Therc are substantial changes with respect to the
circumstances under which the project is to be
undertaken, such as a change in the proposed loca-
tion of the project, 'which will require major revisions
in the EIR due to the involvement of new environmental
impacts not covered in a pr~vious E~R.
'(b)
Use ,of a sin1le EIR. The lead agency may employ a single
EIR to descr be more than one project, if such projects
are essentially the same in terms of environmental impact.
Further, the lead 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 essen-
tially the same. Lf'ad AgencieE mf!.y elect to write EIR's
in advance for entire programs or regulations, in order
to be prepared for project applications to come. When-
ever an agency chooses to utilize any of these alterna-
tives, 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 comprises a project with significant
environmental effect, the Lead Agency must prepare a
single EIR for the ultimate project. Where an,individua]
'project is a necessary precedent for action on a larger
project, or commits the Lead Agency to a larger project,
with significant environmental effect, an EIR must address
1tself to the scope of the larger project. Where one project
1s 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
caee comment upon the combined effect.
:'
.
. .
15070.
"
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Resolution Number
, .
14
,
, ,
, .
"
"
on~oi~ proiect. (a) A project as defined in Section
f5 ~7 n) t ,~ these Guidelines, approved prior to
November 23, 1970, shall require an Environmental Impact
Report or a Negative Declaration if the project may.
have a significant effect on the environment, and either
of the following conditions exists:
(1)
A substantial portion of' public funds allocated
for the project have not been spent and it is
still feasible to modify the project to mitigate
potentially adverse environmental effects, or
to choose feasible alternatives to the project,
including the alternative of "no project" or
halting the project; provided that this
Section (1) r.hall not apply to projects which
come under the jurisdiction of the National
Environmental Policy Act (NEPA) and which,
through regulations promulgated under NEPA, were
held to be too far advanced at the time of
NEPA'o effective date to require an EIS in com-
pliance with those regulations.
A puulic a~ency proposes to modify the project
in such It way tnat the pro;ject might have a new
significant effect on the environment.
.
(2)
(b)
A ~ro)ect as defined in Section 15037 (a) (3) or in
,Sec~lon 15037 (a) (2) as it relates to contracts,
whete the permit or other entitlement was issued,
or the contract approved, prior to April 5. 1973.
shall not req1l1rp. an EIR or Nep;ative Declarat:lon,
subject to the following provisions:
CEQA expressly does not prohibit a public agency
from considering environmental factors in connec-
tion with thp. approval or disapproval of a
pro.iflct, or' from irr.pcsing reasonable fees on the
appropriate private person or entity for pre-
parin@, an environm.-!~tal report. Local agencies
may require environmental reports for projects
covered by this paragraph pursuant to local
ordinancec durlng this interim period.
(2) Where the issuance or approval occurred prior
to December 5, 1972, and prior to said date the
project was l~gally challenged for noncompliance
,with CEQA, the project shall be bound by special
rules set forth in Section 21170 of CEQA.
(1')
;.
(3) Where a project involving the issuance of a lease,
permit, license, cnrtificate or other entitlement
to use has been granted a discretionary govern-
mental approval for part of the project before
.
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15071.
15072.
15073.
(c) .
- ..
.
.
Resolution Number'
15
April 5, 1973, and another or additional dlscre-,
tionary government~l approvals after April 5,
1973, the project shall require an EIR or Neg-
ative Declaration only if the approval or .
approvals after April 5, 1973, involve a greater
degree ,of responsibility or control over the
project as a whole than did the approval or
approvals prior to that date.
'Any EIR which has been completed or on which
substantial worlt has been performed on or before
February l~,1974, in compliance with procedures
of a public agency consistent with CEQA and these
Guidelines as adopted on February 3, 1973, shall be
deemed to be in compliance uith these Guidelines;
No further EIR shall be required except as provided
in Subsections (a) and (b).
Emergency Project. The following emergency projects are
exem],$-!; t'rom the requirempnts of CEQA, and no EIR is
required.
(a)
(b)
(c)
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 dlsaster stricken area
in which a state of emergency has been proclaimed by
the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division I, 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.
Feasibili~V and Plannin~ 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 Projects. Ministerial projects are exempt
from the requirements of CEQA" and no EIR is required.
The determination of what is 'ministerial" ca.n most
appropriately be made by the pa.rticular public agency
involved based upon its analysis of its own laws, and
.
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15080.
.. ",
,,'
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Resolution Number
16
'.
it is anticipated that each public agency will make
such determination either as a part of its implementing
regulations or on a case-by-casc basis. It is further
anticipated that the following actions will, in most
cases, be ministerial in nature.
(a) Issuance of building permits.
(b) Issuance of business licenses.
(cl
(d)
Approval of final subdivision maps.
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
actions are ministerial. Each public agency may, in its
implementing regulations or ordinances, provide an iden-
tification or itemization of ,its projects and actions
which are deemed ministerial under the applicable laws
and ordinances.
ARTICLE 7. Evaluating Projects
Initial Study. 1f the project is not part of a class of
projects that qua1ifjes for a Categorical Exemption and
there is a possibility that the project may have a sig-
nificant effect on the environment, the lead agency
should conduct an initial study to determine if the
project may have a significant effect on the environ-
ment. If any of thp effects of a project may have a
substantial adverse impact on the environment, regardless
of whether the overall effect of the project is adverse
or beneficial, then an environmental impact report must
be prepared where discretionary governmental action is
involved.
If the pro,ject is to be carried out by a nongovernmental
person, the lead agency may require such person to submit
data and information which will enable the agency to make
this determination.
~
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15081.
.
\
Resolution Number'
17
Determinin~ Si~nificnnt 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 exten~
possible on scientific and factual data. An iron clad
definition of 'significant 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 partic-
ular 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 lead agency should prepare an
EIR to explore the environmental effects involved. .
(b)
In evaluating the significance of the environmental
effect of a project. the lead agency shall consider
both primary or direct and secondary or indirect
consequences. Primary 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) .
(c) Some exampler, of consequences which may have a
significant effect on the environment in connection
with most pro,jects where they occur. include a
change that:
(1) Is in conflict with environmental plans and
goals that have been adopted by the community
where the project is to be located;
(2) Has a substantial and demonstrable negative
aesthetic effect;
(3) Substantially affects a rare or endangcl'ed
species ,oJ' animal or plant. or habitat of
such a species;
(4) Causes substantial interference with the
movement of any residen~ or migratory fish
or wildlife species;
(;) Breaches any publ.ished national, ctate, or
local standards relating to solid waste or
litter con~rol:
;,.
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15082.
I
15083.
. .....
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Resolution NUmber
16
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(6)
Results in a substantial detrimental effect
on air or water quality. or on ambient nojG~
levels for adjoining areas;
(7)
Involves the possibility of contaminating a
public water supply system or adversely
affer.ting ground water;
Could cause substantial floo~ing. erosion or
siltation;
Could expose people or structures to major
eeologic hazards.
(8)
(9)
Mandatorh Findings of Si~nificance. In every case where
any 01' t e following con itions are found to exist as a
result of a project. the project shall be found to have
1mpacts w1th a s1gn1f1cnat effect on the environment:
(a) Impacts which have the potential to degrade the quality
of the environment or curtail ,the range of the envi-
ronment.
.
(b) Impacts which achieve short-term. to the dioadvantage
of long- term. ellV i r:1TlrIlCntal r;onJ s. A short- term
impact on the environment is one which occurs in a
relatively brief. definitive period of time while long-
term impacts will endure well into the future.
(c) Impacts for a project which are individually limited.
but cumulatively considerable. A project may affect
two or more separate resource~ where the impact on
each resource is relatively Gmall. If the effect of the
tot'll of those impactr. on the environment is Significant.
an .ElR must be preporerl. Thill mandatory finding of
significance doell not apply to two or more separate
projects where the impact of each is insignificant.
(d) The environmental effects of a project will cause
substantial adverse effects on human beings. either
directly or indirectly.
Ne~ative Decl~ration. (a) A Negative Declaration shall
be prepared for a project which could potentially have
a significant effect on the environment. but which the
lead agency finds on the basis of an Initial Study will
not have a significant effect on the environment.
~
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15084.
I
15085.
-, .
Resolution Number
19
"
(b) A Negative Declaration must include a brief deecrip-
tion of the project as proposed. a finding that the
project will not have a significant effect on ~he
environment. a brief statement of reasons to
support the findings. and a statement indicating who
prepared the initial study and where a copy of it
may be obtained. The lfegLl.tive Decla.ration should
normally not exceed one page in length.
The Negative Declaration shall be made available to
the public with sufficient time before the project
is approved to provide an opportunity for members
of the public to respond to the finding.
"
(c)
(d) After making a decision to carry out or approve the
project. the lead agency shall file a Notice of
Determination with a copy of the Negative Declara-
tion attached. 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 a statement that no
EIR has been prepared pursuant to the provisions of
CEQA. '
(1) If the lead agency is a state agency. the
Notice of Determination shall be filed with
the Secretary for Resources.
(2) If the lead 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.
Decision to Prepare an EIR. If the lead agency finds
after an initial stuay, that the project may have a
significant effect on the environment, the lead agency
must prepare or cause to be prepared an Environmental
Impact Report.
EIR Process. The following steps shall be followed after
the lead agency decides to prepare an EIR.
(a)
If the project is to be carried out by a nongovern-
mental person, the lead a~ency may require such
person to submit data and information necessary to
enable the lea~ agency to prepare the EIR. This
information ma:f be transmitted 1.n the form of a.
draft EIR. The draft EIR which is sent out for
public review must reflect the independent judgment
of the lead agency. Use of a draft EIR submitted
by an applicant is discussed in Section 15061 (b).
v
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Resolution Number .
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(b)
(c)
The content of an EIR is described in Article 9 of
these Guidelines. Each element of an EIR must be
covered, and these elements should be separated
into distinct selections. Before completing ~ draft
EIR consisting of the information specified in
Section 15l4l, 15142, and 15143 of these Guidelines,
the lead agency should consult directly with any
person or organization it believes will be concerned
, with the environmental effects of the project. Many
public agencies have found that early consultation
solves many potential problems that would arise in
more serious form later in the review process.
After completing a dTaft EIR, the lead agency must
consult with, and obtain the comments of, any public
agency which has Jurisdiction by law with respect to
the project and may consult with any person who has
special expertise with respect to any environmental
impact involved. Opportunity for comments from the
general pUbli,(' ~hould be provided.
A:; soon as the draft EIR is completed, but before
copies are ::;ent out for revipw, an offic:lal not1ce
stating that the draft EIR has been completed must
be filed with thp Secretary f~r the Resources Agency.
The not.ice sha:l.l incluue a brief description of the
project, :l t" propo!;ed location, and an addres:; where
copies of the EIR are available. This notice shall
be referred to a::; a Notice of Completion. A form
for this notice is provided in the Appendices. The
NoLice of Completion will provide the basis for
information published by the Secretary for Rcuource::;
in an EIR Monitor, Where the EIR will he reviewed
through the utate review proce::;s handled by the
.State Clearinp,house, a Notice of Intent will be
pompleted and filed with the state Clearinghouse.
The Notice of Intent will serve as the Notice of
Completion, and no No~ice of Completion need be
::;ent to the Resource~ Agency. A form for the
Notice of Intent is shown in Appendix D.
(d)
..
The lead agency shaD. evo.luate comments received
from person:> who reviewed the draft EIR.
(e) The lead agenc:,>' shall prcpare a final EIR. The
contents of a final'EIR are specified in
Sect:l.on l511tG of these Guidelines.
-(:r) The final EIR ::hall be presented to the decision-
making hody 0~ the leau a~ency. The lead agency
shall certify t.hat the final EIR has br-en completed
:In compliance with CEQA and the state guidelines
and that the dp.~lsion-making body or administ.rativp.
~. official havi nl~ fina.l approval authority over the
project has reviewed and considered the information
contained in the EIR.
.
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] 5086.
1508'( .
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Resolution Number'
21
. "i
(g)
After making a decision on the project, the lead
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 disap-
prove the project, (2) the determination of the .
agency whether the project will or will not have a
significant effect on the environment, and (3) a
statement that an EIR has been prepared pursuant
to the provisions of CEQA.
(1) If the lead agency is a state agency, the
Notice of Determination shall be filed with the
Secretary for Resources.
(2) If the lead agency is a locai agency. the
Notice of Determination shall be filed with the
county clerk of the county of counties in which
the pro.lcct would be located.
(h) If the lead agency is a state agency. a copy of tne
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 ExiGting Planninr; and Hpview Process.
',1'0 tone extent. possJ.D.le, 'tne ~J.J\ proces.::i snOUJ U oe comO"1 npd
with the existing planning, review, and project approval
process being used by each responsible agency. The lead
agency shall include the EIR as a part of the regular
project report where such a report is used in the exist-
ing review and budgetary proces~.
Addi tional Notice:>.. In thei r implementing procedures,
public agencies may provide for the filing of notices
in addition to the nuLiccs reC]\l.ired by these Guidelines.
Additional notices may include the determination that
a pro.lect is catef~orical1y exempt, t!.at a project is
covered by the emer;:;ency exempt.i 01. or the mini sterial
exemption, or thaL :lon activity is not covered by the
act at all. Such notice should include reference to the
documentation on which the determination is based.
1,088. statement of Overriding Considerations. If a puulic
ap;ency decides to approve a project for which serious
adverse environmental conse~lences have been identifjed
in an EIR, the agency may wish to make a statement
identifying the other interests that warrant approval in
its point of view. If su~h a statement is made. it
~ should he included in the record of the project approval
and may be attached to the Notice of Determination.
.
15+00.
1_ 15101.
I
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Resolution Number
"
22
'\
ARTICLE 8. Categorical Exemptions
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.
Class 1: Existin~ Facilities. Class I consists ot the
operation. repair; main~enance or minor alteration ot
existing public or private structures, facilities.
mechanical equipment, or topographical teatures. involving
negligible or no expansion of use beyond that previously
existing. including but not limited to:
(a)
Interior or exterior alteratipns involving such
things as interior partitions, plumbing. and
electrical conveyances;
Existing facilities of both investor and publicly
owned utilities used to provide electric p~wer.
natural gas. sewerage. or other public utility
services;
Existing highways and streets (within already
established rights-of-way) sidewalks, gutters.
bicycle and pedestrian trails, and similar
facilities;
'(d) Restoration. or rehabilitation of deteriorated
or damaged structures, facilities or mechanical
equipment to meet current standards of public
health and safety. unless it is determined that
the damage was substantial and resulted from,an
environmental hazard such as earthquake, land-
slide or flood;
, (b)
(c)
(e)
Addition" to exist1ng structures provided that the
addition will not result in an increase of more than
50 percent of the floor area of the structures before
the addition or 2500 square feet, whichever is less;
(f)
Addition of safety or health protection devices for
use during con3truction of or in conjunction with
existing structures, facilities or mechanical equip-
ment. or topo~raphlcal features ir.cludine naviga-
tional devices;
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15102.
l5103.
"
(g)
(h)
",
Resolution Number .
23
"
(i)
New copy on existing on And ofr-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, ~Illifornia 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.
Fish stocking by the Cnlifornia Department of
Fish and Game.
~
(j)
(k) Diviaion of existing multiple family renta] units
into condominiums.
(1) Demolition and removal of buildings and related
structures except where they are of historical.
archaeological or architectural significance as
officially designated by Fede,ral. state or local
governmental action.
Class 2: Reolacement or Reconstruction. Class 2 consists
01' replacement or reconstruct Lon or' existing structur.es
and facilities where the new structure wil] be located
on the same site as the structure replaced and will
have aubstantially the same purpose ~na capaci~y as the
structure replaced. including but not limited to:
(0 )
(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 co~merciul stru~ture with a new
structure of substantia~ly the same size and purpose.
Class 3: New Construction of ~mall Structures. Class 3
consists of construction and loclltiun 01' single. ne,,,.
small facilities or structures and installation of small
new equipment and facilities including but not limitp.d
to:
(a)
(b)
.'
Single family residences not in conjunction with
the building of two or m01'C such units.
Motels. apartments, and duplexes designed for not
more than four dwelJing units if not in conjunction
with the, building of two or more such structures.
:
.
1510l~ .
I'
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.. '(e)
,',
Resolution Number
24
(c)
and restaurants if designed for
of 20 persons or less, if not in
the building of two or more such
(d)
stores, offices,
an occupant load
conjunction with
: structures.
W,ater main; sewa.ge, electrical, gas and other utili ty .
extensions of reasonable length to serve such
construction.
Accessory (appurtenant) structures including garages,
'ca!po,rts, pation, swimming pools and fences.
Class 4: Minor Alterations to Land. Class 4 consists of
minor public or private alterations in the condition of"lnnd,
water and/or vegetation which do not involve removal of
mature, scenic trees except for foresty and agricultural
purposes. Examples include but are not limited to:
, (a)
, :. : ..; (,b)
'. ..'
" (c),
I
l5105.
(d)
(e)
" .
Grading on land with a slope 01' 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.
, '
,New gardening or landscaping.
Filling of earth into previously eKcavated lDnd with
material compatible with the no,tural features of the
site.
Minor alterations in land, water and vegetation on
existing officially desi~nated wildlife management
areas or fish production facilities which result
"in improvement of habitat for fish and wildlife
resources or greater fish production.
Minor temporary uses of land having negli~ible or
no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
(f)
Minor trenching and backfilling where the surface
is restored.
Class 5: Alterations in Land Use Limitations. Class 5
consists of minor a~terationo in lana use limitations,
except zoning, including but not limited to:
(a)
(b)
Minor lot line adjustments, side yard and set
, back variances not resulting in the creation of any
new parcel nor in any change in land use or density;
Issuance of minor encroachment permits.
.'
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l5~06~
15107,
1
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15109.
115110.
....
Resolution Number '
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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: Agencies for Protection
o aura esources. ~ ass cons s s 0 ac ons a en
by regulatory agenCies as authori?ed by state law or
local ordinance to assure the maintenance, restoration,.
or enhancement of a natural resource where the regulatory
process involves procedures for protectj,on of
the environment. Examples include but are not limited
to wildlife preservation activities of the State Depart-
ment of Fish and Game. Construction activitips are not
included in this exemption.
.
Class 8. Actions by Re ulato
o e nv ronmen. ~ass cons s s 0 ac ons a en
by regulatory agp.llcies, as authoriz'ed by state or local
ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the
regulatory process involves procedures for protection
of the environment. Construction activities are not
included in this exemption.
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 mislabelins, misrepresentation or adulteration
of products.
Class lO. Loans. Clat;~;]O crmsists of loans made by the
Department. of Vetprnns Afi'ajls under the Veterans Farm
and Home Purchase Act uf 19/1-" mortgages for the purchase
of cxistlng stru~turr!, wherp. thr loan will not he used
for new con!3tructiull and the purchase 01' such mortp,ages
by financial instituticn~. Class 10 includes but is not
limited to the followinr, cxamples:
(a)
Loans made by thr Department of Veterans Affairs
under the Veterall!) j<'arm and Home Purchase Act of 1943.
(b)
Purchases of morl;gar:es from hanks and mortgagc
companies by thE' PUlJlic Employees Retirement System
and by th(; Sta1,p Tpar.hers Retirement System.
.
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15111.
15112.
I,
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,
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',Resolution Number'
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"
Class 11: Accessor.l R~~~. Class 11 conoists of
construction, or plaCU~Ya~ O~ ~inor otructures accessory
to lappurtcnant'to) ex1ctin~ commercial, industrial, .
or institutional facilities, including but not limited to:
(a) On-premise signs;
(b) Small parking lots.
Class 12. Government Propert Sales. Class 12
consists of sa es 0 surp us governmen property except
for parcels of land located in an area of statewide
interest or potential area of critical concern as
identified in the Governor's Environmental Goals and Policy
Report of June ~, 1973.
15113. ~ation 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 CE'~. 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.
1?1l4.
I
.
Excertion by Location. Class 3, 4, 5, 6, and 11 are
qual fied by consideration of where the project is to
be located-- a project that is ordinarily insignificant
in its impact on the environment may in a particularly
sensitive environment be significant. Therefore, these
classes are considered to apply in all instances,
EXCEPT \~here the project may impact on an envj,ronmental
resource of hazardous or critical concern as may be here-
after designated, precisely mapped, and officially
adopted pursuant to law by federal, state or Jocal agencies.
Moreover, 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,' annuaJ additions to an existing bui.ldinr; under
Cla~s 1. -
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Revisions to List of Cate~orical Exemptions. Any public
agency may. at any time. request that a new class of'
Categorical Exemptions be added. or an existing onc amendect
or deleted. This request must be made in writing to the
Office of Planning and Research and shall contain d~tailed
information to support the request.
Application by Public A~encies. Each public agency
shall. in the course of establishing its own procedures,
list those specific activities which fall within each
of the exempt classes, subject to the qualification that
these lIsts must be consistent with both the letter and
the intent expressed in the classcs. Public agencjes may
omit from their implementing procedures classes ~nd exam-
ples that do not apply to thej.r activities, but they may
not require EIR's for projects described in the classes
and examples in this article except under the provisions
of Section 15114.
.
ARTICLE 9. Contents of Environmental Impact Reports
15140. General.
Environmental impact reportc 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.
(a) 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 SOU~lt by the proposed
project.
(c) A general description of the project's technical,
economic, and environmental characteristics, con-
sidering the principal engineering proposals and
supporting public service facilities.
~
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15142.
",
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"
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';
Description of Environmentcl Setting.
An EIR must include a description of the environment in
the vi~inity of the project, as it exists before comm~nce-
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 rec;:I,on. 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 poasible cumu-
lative impact of such proje~ts;
15143. 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 ~ndirect ~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 changos, alterations
to ecological systems and changes induced in
population distribution, population concentration,
the human use of th~ land (including commercial and
~esidential development) and other aspects of the
,resource base such as water, scenic quality and
pUblic services.
Any Adverse Environmental Effects Which Cannot Be
Avoided 11' the Frotlosa 1 ill Imolemented:
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 ~esign,
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 hu~an health.
.
( b)
(e) Miti~ation Measures Prooosed to Minimize the Impact:
Describe any mitigation measures written into the
project plan to raduce significant environment&lly
adver~e impacts to insignificant levels, and the
basis for considering these levels acceptable.
~ Where a particular mitigation measure has been chosen
from among severnl alternatives should be discussed
and reasons should be given for the choice made.
.
<,
I,
I
(d?
( e)
( f)
(g)
" <
Resolution Number
~~
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AIternatives to the Prooosed 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
Bubstantially reducing or eliminating any environ-
mentally adverse impacts, even if these alternatives
substantially impede the attainment of the project
objectives, and are mor~ costly.
The Relationship Between Local Short-Term Uses of
Man's Environment and the Maintenance and Enhancement
of Lon~-Term Productivit~:
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.
,Any Irreversible Environmental Chan~es Which Would
Be Involved in the Prooo~ea Action ~ould It Be
Implemented:
Uses of nonrenewable r~sources during
the initial and continued phases of the project may
be irreversible since a large commitment of sudn resources
makes removal or nonu:;e 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.
The Growth-Inducing Impact of the Prooosed Action:
Discuss the ways in which the proposeo project could
foster economic or population growth, either directly
or indirectly, in the surrounding environment.
Included in this are projects \'/hich 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 GO consideration must
be given to this impact. Alao discuss the charac-
teristic of some projects which may encourage and
facilitate other activitiea that could significantly
affect the environment, either individually or
cumulatively., It muot not be assumed that gro\'/th
in any area is n~cessarily beneficial, detrimental,
or of little significance to the environment.
.
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15144. Organizations and Persons Consulted
The ldentity of all federal, state or local agencies,
other organizations and private individuals consulted
in prepar1,n(-! the EIR, and the identity of the persons,
firm 01' agency !,reparing the EIR, b,y contract or other
authorization must be given.
15145.
1?146:
15147.
Water Quality Aspects.
With respect to water quality aspects of the proposed
project which have been pr~viously certified by the
appropriate state or interstate organization as being
1n substantial compliance with applicable water quality
standards, reference to the certification should be
made.
Contents of Final Environmental Impact Report. (a) The
Final EIR shall consist. of the Dratt ~IR containing the
elements described in Sections l5l4l, 15142, and 15143 .
of these Guidelines, a section listing the organizations
and persons consulted and containing the comments received
through the consultation process described in Article 10,
either verbatim or in summary, and the response of the
Lead Agency to the significant environmental points raised
in the review and consultation process.
(b)
The response of the I,ead Ap;ency to comments received
may take the form 01.' a revision of the Draft EIR or
may be an attachment to the Draft EIR. The response
shall describe the disposjtion of significant envi-
ronmental issues raised (e.g., revisions to the
'proposed project to mitiRate anticipated impacts or
objections). In particular the major issues raised
when the Lead Agency's position is at variance wit.h
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 sUBgestions. .
Degree of Specificity. The degree of specificity required
in an EIR ~1iJ.l correspond to the degree of speci fici ty ,
involved in the underiying activity which is described
in the EIR.
(a)
An EIR on a construction project will necessarily
be more detailed in the specific effects of
the,project than will be an EIR on th~ adoption
of ' a local general plan or comprehensive zoning
ordinance because ,the effects of the construction
can be predicted with greater accuracy.
i-
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15160.
I
"'Resolution Number,
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"
(b)
An EIR on projects such as the adoption or amendment
of a comprehensive zoning ordinance or a local general
plan should focus on the secondary effects tha~ can
be expected to follow from the adoption, but the ~IR
need not be as detailed as en EIR on the specUic
construction projects that might follow.
The requirements for an EIR on a local general plan
or element thereof will be satisfied by the general
plan or element document, i. e., no separate EIR
will be required, if: (1) the general plan addresses
all the points required to be in an EIR by Article 9
of these Guidelines and (2) the document contains
a special section or a cover sheet identifying where
the general plan document addresses each of the points
required.
(c)
.
ARTICLE 10. Evaluation of Environmental
Impact Rep'orts
Adequate Time for Review and Comment. The Lead Agency
should proviae aaequa:te t;ime for otner pUblic agencies
and members of the public to review and comment on an
ErR that it has prepared.
(a) Public agencies may establish time periods for review
in their implementing procedures and shall notify
reviewing agencies of the time periods.
(b) In setting time periodn for review, public agencies
shall give consideration to their obligation to obtain
comments from public a~encies having jurisdiction by
law with respect to the project and to the policy
favoring public participation.
(c)
In order to provide sufficient time for publi,c revi ew,
review peri,ods for draft EIR' s should not be less than
30 days nor longer than 90 days except in unusual
situations. While state and local agencies are not
bound by federal guidelines for implementing
the Nati,onal Environmental Policy Act, the time
1imitn in the federal guidelines provide an
example that may be followed in some situations.
The federal ~uide1ines require at least 90 days
for 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 projects,
but shorter periods may be provided where the shorter
period will still allow adequate review.
,
.
(d)
, ,
Resolution Number
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"
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.
15161. ~ew of Environinent~l !r.'DllCt RC'Dorts
(a)
I,
Public agencies muet develop procedures to ensure
that lead agencies obtain and receive adequate
comments on their EIRs from public agencies which
have jurisdiction by law with respect to the project.
Such procedures should i~clude provisions for con-
sultation with persons who have special expertise
in environmental matters. It is suggested that
public agencies utilize existing state, and regional
or local clearinghouses to distribute EIRs and other
environmental documents to appropriate agencies.
(b) 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 D 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. Such
listings should be a guide in determining which
agencies should be consulted with regard to a partic-
ular project.
(~) Reviewers should focus on the sufficiency of the
EIR in discussing possible impacts upon the environ-
ment, ways in which adverse effects might be minl-
Inized, 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 spopsor
with the name of a contact person who is available
for later consultation should this prove necessary.
I
(e)
EIR's and Negative Declaratton's to be reviewed by
state agencies shall be submitted to the Rtate
Clearinghouse,!, 1400 Tenth Street, Sacrament.o ,
Cali fornia 95tH!I. When EIR I S are submi tted to the
State Clearinghouse, the review periods set by the
the responsible agency shall be at least as long as
the period provided in the state review system
operated by the State Clearjnp,house.
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Resolution Numbe~
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15162. Failure to Comment.
If any public agency or person who i8 consulted with'regard
to an EIR fails to comment within a reasonable time as
specified by the'Rasponsiblc Agency, it chall be nacumed, .
absent a request for a apecific extension of time, that such
agency or person has no con~ent to make.
Requests for Environ~ental Documents
15163,
l5l64.
The Responsible hgency ,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.
Public Participation.
While the Environmental Quality Act of 1970 does not
require formal public hearings at any stage of the
environmental review pr-ocedure, it is a widely accepted
'desirable goal of this process to encourage public
participation. All public agencies adopting implement-
ing procedures in reoponse to these Guidelines should
make provisions in their procedures for wide public
involvement, formal and informal, ,consistent with their
existing nctivities and procedures, in order to properly
receive and evaluate public reactions, adverse and
favorable, based on environmental issues.'
15165. Public Hearings
(a)
,
A public hearing on the environmental impact of a
project should usually be held when the lead agency
determines 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 m~de pursuant to
these Guidelines.
(b)
A Draft EIR should be used as a basis for discussion
at a public hearing. The hearing may be held at a
place where public hearings are regularly conducted
by the lead agency or at another location expected
to be convenient to the public.
v
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'Resolution Number,
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(c)
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.
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 hearins and
notice requirements ot the public agency for regulcrly
conducted legislative, planning and other proceedings.
(e) 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 agenc~.
(d)
15166.
Retention and Availability of Comments.
Comments received through the consul~ation 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.
ARTICLE 11.
EIR Monitor
15180.
EIR Monitor, The Secretary for Resources will provide for
pUblication of a bulletin entitled "California EIR Monitor"
on a subscription basis to provide pUblic notice of amend-
ments to the Guidelines, the completion of draft EIR's and
other matters as deemed appropriate. Inquiries and sub-
scription requests should be sent to the following address:
Secretary for Resources
Attention: California EIR Monitor
1416 Ninth street, Room 1311
Sacramento, California 95814
------------------------------------------------------------------------
Disclaimer
The Secreta,ry for Resources has determined that there :l.re no
state mandated local costs :In this regulation that rp.quire
reimbursement under Section 2231 of the Revenue and Taxation
Code becase this regulation implements a mandate previously
enacted by statute. The statutes creating the mandate are
Chapter 1433 of the Statutes of 1970 and Chapter 1154 of the
Statutes of 1972.
.
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'.'Resolution Number.
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APPENDICES
Appendix A Flow Chart
Appendix B Statutory Authority of State
I, Departments
Appendix C Notice of Completion Form
Appendix D Notice of Intent Form
.
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Resolution Number.'
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Appendix A
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~ . '" Chemical contamination and food products
w Coaslal areas, sOflands, l"stuorics,
waterfowl refugos, and beaches
. . . ... Corlges"on In urban oroos, hOUSing and
bui Id In" dl!onlocement
. ~ Disease control
... Eloclru: energ)' genorotlon and supply
. . . . ... EnVironmental effects With special
im act In low-lIIcome n I 'hbDrhDDds
. . '" Flood plainS and watersheds
. '" Food additives and Food sonltollon
. 0 tlerbicldos
. - Historic and Archaeological 51105
-
'" - Human ecology
'"
. - Microbiological conlonllnation
w
--.
- Minerai land reclamation
...
.
u: Natural gall CntH!)>, development
9~~Qnd SU.fEly
. - N~Ylgable airways.
<>
- NaVigable wotelwoys
...
. . - None control and abatement
'"
. - Parks, forests, trees and outdoor
'" recr<<,otlon areas
. '" Pesticides
0
-- -
'" Radiation and radiological health
-
--- .
. . . . . '" Regional comprehensive planning
'"
. '" Rodent conrrol
w
w '" Sanitation and waste systems
...
'" Shellfish s.anltattan
'"
. '" SOil and plant life, sedlmentarlan,
... erOSion and hydrologiC candlllons
. . '" TOXIC malenals
...
. x - '" Transpaltatlon and handling of
... '" hazardous nlaterlals
. '" Water quality and waler pallutlon control
'"
- w Fish and WIldlife
~ 0
-..
w ActiVities With special Impact on
- relllonal urls.dlctlans
w Water prOlcct formula1lCH1
'"
w Geothermal energy
w
w Od end pelroleunl developmpnt,
,.. "Cnl'!rollon and supply
:,> w Statewide land uso patlerns
'"
--, - - -
;! ,Opon Space policy
. ... Statewide overview - cumulatIve Impacl
... of SC"'orale pralects
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-- Air quality and air pollution control
"" Chemical c:ontal1'inatlon and food proclucIs
--
w Coastal are05>, wetlands, estuaries,
waterfowl refuGes, and beaches
A. Congestion In urban areas, hOUSing
and buddll'U' dlsolacoment
U'I Disease control
0.. ElectrIC; energy generation and supply
...... Environmental eHec15 WI,h spr.cloI
Impacl In lOW-income nClqhborhoods
CD F'ood plams and watersheds
..0 Food addltlyes and food sanItation
;5 Herbicides
::: Historic and Archaeological sites
;:::; Human cco logy
W MicrobiologIcal contanllnatlon
;: .Jllneral tand rectoPlotlan
_ Natural gas energy development
UI qenerallon and supply
;;: NaYlgoble- aIrways
:::; NaVIgable wat~rwayS
;; Noise C'~.ntral and allatement
..... Parles. forests, trees and outdoor
00 recreation areas
~ Pesllcldes
~ Radiah(ln and radiological health
:;j RegIonal comprehenslye planning
~ Rodent conlrol
~ SanitatIon ond waste sys,ems
t;: Shellfish sant1allon
IIoJ Sod and plant hfe, s.edln\cntahon,
0- erOSion and hydroloQlc cond,tions
~ TOXIC materials
IV Transf'lartatlon and handlmg of
OJ hQ'lordou~ n,atellols
~ Water quality and water polluhan contrcal
g:: Fish and wildlife
w
~ ACflYIIIl'5 WIth specIal Impact on
reolonolluIIsd,ctlons
:d Watcr prolcct formulollon
~ GealhermQt energy
~ 011 and petrolcum dryclopnlcnl,
,e.. Qt"nera"on and sunplv
~ S'atewlde land us-e p~t1erns
~ Open Spaco policy
1??1o !llolew/de oycrVlew - cumulatIve Impact
""'" of srrJornte nrolrcts
9134
.
.
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7' .
Resolution Number
.-
..
~
B-3
"
APPEllDIX D FOOTlXYr!S
No.
-
1. ARriculturo ~ (1) Air quality aDd air pollution control
tffects on plants And animals
2. Asriculture - (12) Hu~n Ecology
Protection of food Dnd Ubre
3. ARriculturc - (24) SanitDtion and waste systems
Agricultural, dairy end feed lot systems
I'
4. ARriculture - (28) Transportation and handling of hlllardous materials
As pertains to transportation, handling, storage and decontiwoination
of pest icides.
S. Ar,riculture - (30) Fish end wildlife
Pesticide effects, predatory animal control,bird control
6. fll! - (1) Air quality and air pollution control
Enforce~ent of motor vehicle regulations
7. :€!!,blic lIelllth - (3) CoastAl areas, wetlands, etc.
Beach sanitation, water pollution, solid waste and mosquito control
~. Public llenlth - (4) Congestion in urban areas, housing and building
displacement
Peetains to health component
9. Public Health - (7) Environmental effects with special impact in
law-income neighborhoods
III Most of these are strongly related to health
10. Public Helllch - (16) ~avicable airvays
Pertains to noise
11. Public Ilealth - (22) Regional co:nprehensive phnning
Pertains to personal and euvironmental health components
12. Public llealth - (30) Wildlife
~R it may pertain to human heal~h hazards
.
, ,
" .
. ..
.... '.
. .
Resolution Number. ,
B-4
.....~, :0:.",
.
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.
13.
Public nealth - (31) Activities with special impact on regional juriodictioRO
Pertains to comprehensive health planning
i4. Colorado River Board - (2), (3), (5), (6), (0), (10), (13), (17), (19),
(21), (22), (24), (26), (27), (29), (30), (31), (32) and (33).
.
As pertains to the Colorado, New and ,~lamo nivera
15. Fish and Game - (15) Natural gas energy development, generation and supply
As field developm~nt and distribution aystems may affect fish and wildlife
Fish and Game - (16) Navigable airways
16.
117.
As may affect migrating and resident wildlife
Fish and Game - (18) Noise control and abatement
As excessive noise may affect wildlife
18. Fish and Game - (24) Sanitation alld wllste 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 arees 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)
I
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
.
.- ,
.
.
'" I.
;- '" ~"
Resolution Number
. ,
. .
.
,
~
......
C-l
.. .. - i'
. ' -
Appendix C
TO:
state of California
The Resources Agency
Secretary for Resources
1416 Ninth Street, Roo~
Sacramento, California
1311
9S8l4
NOTICE OF COMPLETION
Project 'l'itle
Project Loca tion - Specl1'ic
1 Projec
~~scrlPtIOn-or Nature, Purpose, and
y
Pro ec Loca
'ounty
net'lclarleB of Project
Lead Agency
Copy of EIH is
ri~lSion
Available
I Address \'/here
Hcview Period
Contact l>erson
. rrea Code 1
Phone
l Ex tent.lon'
;,
".
.... ..
.. a.. ...
"
NOTICE
",
OF
\-' .
. ...~.. r
INTENT~'- ~
Appendix 0
o
. mb.......
Resolut10n Nu erila~;
(NOTIFY B~~ I. D-l
STATE CLeARiNGHOUSE 0 METROPOll 'N CLfARING'iOUSE
. ,
O'FICl 0" TilE GOI/LAuep
O"F1eE 0.. PI..ANtllNG AND
R..Sr....IIICH
140010TM STRtE,
."C.....""[...TO. ,ALI"OI'llHIA '!I'14
1t1O' 44"-0013
_n,~"rc."tM :tERYES AS THE NOTICE or COMPlETION U'r.DEII THE CALIFORNIA
\, rNY'RONMENUL QUALITY "'cfir " .-I:'.'I[W IS IUQUIJIIEO AT iHE STAfIt
LEVEL ON THE f.NVIRONt,tENYAL IUP"CT upon OR HElilTlVe DECLAMATION
STATE OF CALIFORNIA
'C"'M op,,_1 01-131
STATE CLEARINGHOUSE NUMBER (SeN. Nol 11..8)
TRANs"cnoer HU
.
UE INSTRUCT IONS ON REVERSE SIDE
01 SPOhSOR (OR AG[NtV RESPONSIBLE FOR ItEPORTI1I2_45) IDIYISION ",,," DATE THIS rOAM 'iUBt.lITHO 175-801
MO, ,.. "'"tAR
02 PROJrc:y TITLE "'.711 AG.ENCV ACTlO~ DATE hou INsTII1!i.aOI
MO, ... 'FAR
03 ADDAES5 112-451 CITY 146-60) ICOU""V 161.75) liP COUt 1i6.afl
COHTACT PERSON 112.361 ITlTLt 137.6~1 IARU. CODE 166-681 PHONE Itl9.7~1 '" 176.80)
04 I
OS 12.71J PROJECT OESCRIPTION Of Ho\TUIIIE, PURPOSE, BENEfICIARIES ON THESE 6 LINES CAPSULIZE THE
PROJECT DeSCRIPTION, VOU' ARE
06 112.71) ENCOURA&ro TO ATTACH AOOIT10~-
.ilL INrDRMATIO~ ON THE PROJECT
07 112.711 FOR THE BENErIT or THE REVIEW-
ER. IF YOU DO, THE STATE CLEAR-
8 11'..711 INGHOUSE WILL NErD 25 CCPIES
OF ANV ATTACHMENTS, PLEASE
112.7U CHECIe WITH THE METROPOl.ITAN
9 CLEARINGHOUSE rOR THE"IR SUB.
(12.71) MISSION REQUIREMENTS.
10
11 PROJeCT LOCATION CITY 112.451 r"OJECT lOtio r tON COUNT Y 146.7'1 .
FEDERAl FUNDS MATCHING FUNDS 140-561 OTtlFR IIS7.G61
<D'.' ",.'", I nT. rra ",......, . - ,.,,, ,,,.m NON.FEDCHAL FUNDS TOTAL FUND5
12 I
13 "OURCE Of eiTHER HOfRAL fUNDS 112"3411HD, CATALOG NO. ISOUIICE Of STUE J.4ATCH U5-!.71 I~OORCE or OTME.fl NON.JEO, FUHOS ISB.80)
rU"OING AGlWCT PRO'RAM TITLE (11-801 fEDI.RAl CATALI)G NUt.lfJtH
14
IS ru..DING AGENCV hAfAE 112.451 ISUB"AGLNCY 146.791
CONc;rtUSloNAl OISTklCT 5E....Tr DISTRICT ASSEJ.rIBlY :lISTRICT !iT ATE. ClIlJ'II..... ,.UIL TI-
....II>E "Iel COfJNT r
16 1....11II'4.1!l1'r..lll'l.I"rO.Z11:!2-Z3 .t4.Z!lI.to-271.!'lr29I.l0-31132..I3 J4.3ll 136.3 '1.1I.J 111.0..1 r2..~ 1......ll-i.e-.71.11... 1 ~ o.~ I " " " .. .. .,
= t:J r-..:J CJ CJ Cl
." " ,,' " '" _0
TYPE OF ACTION: PROJECT SUOJECT TO REView UNDER: IF" PROJECT IS PM,"StCAt IN N,ITURC OR RlOUIRES AN
012 (CMECIC AS MANY AS APPRol'RIATEI fNVIRONJ.4EHT'-l DOCU"'f"T, LIST TMr U .. GEOLOGICAL
.tw SUIIVrv QUADRAhGlE MAP 114 WHICM TME PROJECT IS
013 0" U S. or"ICE Of J.4ANAGEt.lENT AND eUDGET LOCATED.
MODifiCATION IN CURRENT CIRCULAR A.95
GRANT. CUR. SCM. NO. .,
114-21) 0.. 2,
0" MODEL CITIES PLANNED VARIATION
COf.tTlNUATlOH GIl"NT .,
SCH.NO. 'ROM I'll!:. .,R. 0.0
123.301 NATIONAL ENVIRONMENTAL POLICY ACT' 4,
17 031 REO;U8J.4tTUl Ir A PRE 0.. 0
APPLICATION. CAllfO~NIA ENVIRONMENTAL DUALITY ACT
'R< seM. NO.
432-391 0..
.1 sueOIVISION REVIEW f!lECTlON 11550.1 Of
REOULSTrD 'UNO SUIlT eUSINESS 6 PROtUSIONS COOEI DOES YOU~ AGENCY HA\I.[ A CIVil RIGHTS AFF'IRJ.4ATI"I[
140.451 ,,",ON. DAY. Y[AH ACTION POlICY AhD PlANJ
fUNDS OURATlON MOS. D.. SUTE ADMINISUATlVE: MANUAl ISEC. 09111 YES 067 NO 0'.
146_481
EST. PROJECT START 0.' HEAlTM RElATED (SEC 437.5 Of HEALTH
149.541 MON. OAY _ YCAR A"O SAfETY CClot! Will THE PROJECT HEDUIRf RElOCATloNJ
EST PROJE:CT DURATION MOO o .S LE,ISf Of STATE LANDS 0..
155-57) 0.' OTHER. YES NO 070
I!. ENVIRONMENTAL DOCUMENT REVIEW REQUIREDJ YES 0.. NO 013
IF YES _ If NO-
18 0 14 (NYlf'lDNM[NTAltt..tPACT STATEMENT IREPoRTI ATTACHED 8" HDEIIIAL PIlOGRAJ.4 DOES NOT REQUIRE AN rNVIRONtdCNTAl OOCUJ.4ENT
015 DRAfT E111 016 fiNAL EIR '" PROJECT [.IlEJ.4PT UHO[R STAn CATEGORICAL tJlCMPTIOH.
0 17 NEGATIVE. OEClARATION ATTACMED CLASS
0 .. NONE ATTACHED. DOCUMCNT WillIE foAWH'DED ON 127.281
APflIIIO..I...ATELY 119-241
YO. ,.. 'trAit
LIST lOCAL. COUHTYWIDE:. IlEGIONAL. SlATE 011I rEorRAl ACi[NClt5 WI'" WHICM COORDINATION MAS BEIN UUBll50HlO.
19 r
SPONSOR" PROJECT I.U. NUJ.4BU IOPTlONAll 112.21) SIGNATURE or AUTHORIZED AEPAE5olUATI"'E