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ARA1977-039RESOLUTION NO. ARA77 39 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY ADOPTING AMENDED OBJECTIVES, CRITERIA AND PROCEDURES FOR IMPLE14ENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY. WHEREAS, the California Environmental Quality Act of 1970 (Public Resources Code, Section 21000 et seq.) requires that projects carried out by local agencies require the preparation and adoption of Environmental Impact Reports; and WHEREAS, Section 21082 of the Public Resources Code requires all such agencies to adopt objectives, criteria and procedures for the preparation of such Environmental Impact Reports pursuant to the California Environmental Quality Act of 1970. NOW, THEREFORE, BE IT RESOLVED, that: 1. The "Amended Objectives, Criteria and Procedures for Implementation of the California Environmental -� Quality Act of 1970 and the Regulations of the California Resources Agency ", including Appendices A, B and C, (attached hereto as Exhibit "All and incorporated herein by this reference) are hereby adopted. 2. Any procedure not expressly set forth in said Amended Objectives, Criteria and Procedures but deemed necessary and convenient to carry out any of the purposes of the California Environmental Quality Act of 1970, or the purposes of the Regulations adopted by the California Resources Agency, or the purpose of these Procedures is hereby authorized. BE IT FURTHER RESOLVED that the "Objectives, Criteria and Procedures For Implementation of the California Environ- mental Quality Act of 1970 and the Regulations of the California Resources Agency" heretofore previously adopted by Resolution No. CDC75 -53 on November 25, 1975 are hereby superseded. IM THE FOREGOING RESOLUTION is approved and signed by me this , ,t�� day of June , 1977 0 ATTEST: ,4,. ECRE A ANAHEIM REDEVELOPMENT AGENCY MES : j h AN -2- REDEVELOPMENT AGENCY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA77 -39 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 14th day of June, 1977, by the following.vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency approved and signed said Resolution on the 14th day of June, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of June,1977. SECRETARY'OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) bo 0 }uawdolanaa Xgiunumo0- zoq08aza •oaxg t � ANAHEIM REDEVELOPMENT AGENCY "AGENCY" RECEIVED I,�i 9 2 iq , ,1'77 �r OF C: 7Y CL; 1 Y 0 kt)A1;E!H A14ENDED OBJECTIVES, CRITERIA AND PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY Adopted By Resolution No. ARA77- 39 on t,.he, i+ , 1977 4 77 - 1ti r TABLE OF CONTENTS PAGE I. [§ 1001 GENERAL ------------------------ - - - - -- 1 A. [§ 1011 Purpose ------------------- - - - - -- 1 B. [§ 102] Lead Agency --------------- - - - - -- 1 C. [§ 1031 Redevelopment Project is a Single Project ------------ - - - - -- 1 D. [§ 1041 Authority ----------------- - - - - -- 2 II. [§ 2001 DEFINITIONS ------------------- - - - - -- 2 A. [§ 2011 Project ------------------ - - - - -- 2 B. [§ 2021 Environment -------------- - - - - -- 2 C. [§ 2031 Significant Effect ------- - - - - -- 2 D. [§ 2041 Cumulative Impacts ------- - - - - -- 2 E. [§ 2051 EIR ---------------------- - - - - -- 2 F. [§ 2061 Initial Study ------------ - - - - -- 2 G. [§ 2071 Subsequent EIR ----------- - - - - -- 3 H [§ 2081 Negative Declaration ----- - - - - -- 3 I [§ 2091 Supplement to EIR -------- - - - - -- 3 J. [§ 2101 Notice of Completion ----- - - - - -- 3 K. [§ 2111 Notice of Determiniation - - - - - -- 3 L. [§ 212] Jurisdiction by Law ------ - - - - -- 3 M. [§ 2131 Feasible ----------------- - - - - -- 4 III. j§ 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF PROJECT ON ENVIRONMENT - - -- 4 r PAGE A. [§ 3011 Criteria for Determining Significant Adverse Environmental Effect - - - - - -- 4 B. [§ 3021 Mandatory Findings of Significance -- 6 IV. [9 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF EIR FOR NEW REDEVELOPMENT PROJECTS- - - - - -- 7 A. [9 4011 General ---------------------- - - - - -- 7 B. 4021 Preparation and Adoption of EIR - - - -- 7 1. [§ 4031 Preparation of and Early r Consultation on Draft EIR - - - - -- 7 2. 4041 Notice of Completion ---- - - - - -- 7 3. 4051 Public Notice and Review - - - - -- 8 4. [§ 4061 Review by State Agencies - - - - -- 9 5. 4071 Public Hearing ---------- - - - - -- 9 6. 4081 Final EIR --------------- - - - - -- 10 7. 409] Findings by the Agency and the City Council Re Significant Effects of Plan --------- - - - - -- 10 8. 4101 Notice of Determination - - - - - -- 11 V. [§ 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF NEGATIVE DECLARATIONS, SUBSEQUENT FIRS OR SUPPLEMENTS TO EIRS ---=----------- - - - - -- 12 A. 501] Initial Study ---------------- - - - - -- 12 B. 5021 Implementation Activities Exempt from Requirements of an Initial Study - - -- 13 C. [§ 5031 Procedures for Preparation and Adoption of Negative Declarations -- 17 1. [S 504] Content and Early Consultation- 17 2. B 5051 Filing of Negative Declaration Notice and Public Review - - - - -- 18 3. 5061 Public Hearing ---------- - - - - -- 18 4. B 5071 Agency Board and City Council Actions - - - - -- 19 - ii - r PAGE VI. 5. [§ 5081 Notice of Determination---- - - - - -- 19 D. [§ 5091 Procedures for Preparation and Adoption of Subsequent EIRS----- - - - - -- 20 1. [§ 5101 When to Prepare Subsequent EIR - -- 20 2. [§ 5111 Draft Subsequent EIR - Plan Amendment------------------ - - - - -- 20 a. [§ 512] Notice of Completion--- - - - - -- 21 b. [§ 5131 Public Notice and Review- - - --a' 21 C. [§ 5141 Public Hearing--------- - - - - -- 21 3. [§ 5151 Final Subsequent EIR - Plan Amendment------------------ - - - - -- 22 4. [§ 5161 Findings by the Agency and the City Council Re Significant Ef- fects of a Plan Amendment-- - - - - -- 22 5. [§ 5171 Notice of Determination---- - - - - -- 23 6. [§ 518] Subsequent EIRS for Substantial Changes in Plan Implementation - -- 23 E. [§ 519) Procedures for Preparation and Adoption of Supplements to EIRS- - - - - -- 23 F. [§ 5201 Procedures Where No Negative Declara- tion, Subsequent EIR or Supplement to the EIR is Required for Plan Implemen- tation Activities - - - - -- 24 [§ 6001 CONTENTS OF EIR - - - - -- 24 A. [§ 6011 Draft EIR----------------------- - - - - -- 24 1. [§ 6021 Description of Project----- - - - - -- 26 2. [§ 6031 Description of Environmental Setting-------------------- - - - - -- 27 3. [§ 6041 Environmental Impact------- - - - - -- 27 a. [§ 6051 The Significant Environmental Effects of the Project- - - - - -- 27 b. [§ 6061 Any Significant Environmental Effects Which Cannot be Avoided if the Plan is Adopt - ed--------------------------- 28 iii � (t C. [9 6071 Mitigation Measures Propos- ed to Minimize the Signifi- cant Effects --------------- d. 608] Alternatives to the Project -------------------- e. B 609] The Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhance- ment of Long -Term Productivity--------- - - - - -- f. B 6101 Any Significant Irreversi- ble Environmental Changes Which Would Be Involved in the Plan Should it be Adopted------------- - - - - -- g. [§ 611] The Growth - Inducing Impact of the Plan --------------- 4. [§ 6121 Effects Found Not to Be Signi- ficant ------------------------ 5. 6131 Organizations and Persons Consulted--------------- - - - - -- 6. 6141 Water Quality Aspects --------- B. [§ 6 5] Final EIR for a Project-------- - - -- VII. [§ 700] FEDERAL PROJECTS------------------ - - - - -- PAGE W W 30 30 30 01 31 31 30 31 - iv - .... i AMENDED PROCEDURES FOR IMPLEIMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIO14S OF THE CALI- FORNIA RESOURCES AGENCY I. [ § 1001 GENERAL A. [§ 101] Purpose The purpose of these Procedures is to implement the Cali- fornia Environmental Quality Act of 1970, as amended ( "CEQA "), Public Resources Code, Sections 21000 et seq. and the Guide- lines, as amended, certified and prescribed by the Secretary for the Resources Agency of the State of California and con- tained in Division 6, Title 14 of the California Administra- tive Code ( "Regulations "), and to provide the Redevelopment Agency ( "Agency ") with principles, objectives, criteria, and procedures to be used in the adoption, amendment and imple- mentation of redevelopment plans ( "Plan ") as prescribed by Section 33352 of the California Health and Safety Code, Section 21151 of the California Public Resources Code, and Section 15061 of the Regulations. B. [§ 1021 Lead Agency In the adoption, amendment, and implementation of rede- velopment plans pursuant to the California Community Redevelop- ment Law (Health and Safety Code, Section 33000 et seq.), the Redevelopment Agency is the "lead agency ", as that term is de- fined and described in Sections 15030, 15064, 15065, and is therefore responsible for the implementation of and compliance with the provisions of the CEQA and the regulations in such adoption, amendment, and implementation of redevelopment plans. C. [§ 1031 Redevelopment Project is a Single Project As prescribed by Section 21090 of the Public Resources Code and Section 15061(e) of the Regulations, all public and private activities or undertakings pursuant to or in furtherance of a redevelopment plan shall be deemed a single project, and the preparation and adoption of an Environmental Impact Report ( "EIR ") for that redevelopment project shall preclude the neces- sity for the preparation and adoption of further and Subsequent Environmental Impact Reports, Negative Declarations, or other _ 000 N determinations by the Agency Board and /or City Council with respect to the environment for any public and /or private ac- tivities or undertakings pursuant thereto or in furtherance thereof, except as otherwise required by these Procedures. D. [§ 1041 Authority These Procedures have been adopted by resolution of the Redevelopment Agency pursuant to Section 21082 of the California Public Resources Code and Section 15014 of the Regulations, and are consistent with CEQA and the Regulations. II. [§ 2001 DEFINITIONS Whenever the following terms are used in these Proced- dures, unless otherwise defined, such terms shall have the: meaning ascribed to them in this Part 200. A. [§ 2011 Project Project means a Redevelopment Project being carried out by the Agency pursuant to the California Community Revelopment Law. B. [§ 2021 Environment Environment means the physical conditions which exist within the area which will be affected by a proposed Project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. C. [§ 2031 Significant Effect Significant effect means a substantial, or potentially substantial, adverse change in the environment. D. [§ 2041 Cumulative Impacts Cumulative impacts mean two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. E. [§ 2051 EIR EIR means the Environmental Impact Report prepared pur- suant to these Procedures and CEQA, which is a detailed state- ment setting forth the environmental effects and considerations pertaining to a Project, and may mean a draft or a final EIR. F. [§ 2061 Initial Study Initial study means a preliminary analysis of the environ- mental effects of a proposed action prepared by the Agency to - 2 - determine whether a Subsequent EIR, Supplement to EIR or a Nega- tive Declaration must be prepared. G. [5 2071 Subsequent EIR Subsequent EIR means the preparation and adoption of an additional EIR because of substantial changes proposed to be made in a Plan or implementation of a Plan which involve envi- ronmental impacts not considered in the original EIR which was prepared and adopted for a Project. r H. 2031 Neqative Declaration Negative Declaration means a written statement prepared by the Agency that finds that a proposed amendment to a Rede- velopment Plan, or proposed Plan implementation activities will not have a significant effect on the environment and therefore does not require the preparation of an EIR. I. B 2091 Supplement to EIR Supplement to EIR means the preparation and adoption of additional parts to an EIR because in implementing the Plan additional information or data not considered in the original EIR become available regarding impacts, mitigation measures or reasonable alternatives which requires supplementation to the EIR. J.J. [§ 2101 Notice of Completion Notice of Completion means a brief notice filed with the Secretary for Resources of the State by the Agency as soon as it has completed the Draft EIR and is prepared to send out copies for review. K. [9 2111 Notice of Determiniation Notice of Determination means a brief notice filed by the Agency with the County Clerk within a reasonable time after the City Council adopts or amends a Redevelopment Plan which gives notice that the Agency will carry out a Project, or the Agency approves or determines to carry out Plan implementation activities which are subject to the requirements of CEQA. L. [9 212] Jurisdiction by Law Jurisdiction by law means the authority of any public agency (1) to grant a permit or other entitlement for use, - 3 - (2) to provide funding for the Project, or (3) to exercise authority over resources which may be affected by the Project. -° A city or county will have jurisdiction by law with respect to a Project when the city or county is the site of the Project, the area in which major environmental effects will occur, and /or the area in which reside those citizens most directly concerned by any such environmental effects. M. [§ 2131 Feasible Feasible means capable of being accomplished in a 1. successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. III. [§ 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF PROJECT ON ENVIRONMENT A. [3 3011 Criteria for Determining Significant Adverse Environmental Effect The determination of whether a Project may have signifi- cant adverse effect on the environment shall be based to the extent possible on scientific and factual data, and shall re- flect upon the nature and significance of the activities pro- posed in the Plan. In making its determination of the signifi- cant effect of the Project, the Agency staff shall use the following guidelines: 1. If it is anticipated that there is or may be a substantial body of opinion that considers a particular effect of the Project to be ad- verse in an environmental sense, the Agency staff shall prepare a Draft EIR to explore the environmental effects involved. 2. In evaluating the significance of the environmental effect of the Project, Agency staff shall consider both primary and secondary consequences. Primary consequences are immediately related to the Project, while secondary consequences are related more to or occasioned by the 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 which may result from the population growth is an example of a secondary consequence. 3. Some examples of consequences which will normally have significant effect on the environment in connection =M with most projects where they occur, include the following: (a) The Plan is in conflict with environmental plans and goals that have been adopted by the City; (b) The Project will have a substantial and demon- strable negative aesthetic effect; (c) The Project will substantially affect a rare or endangered species of animal or plant or the habitat of the species; (d) The Project will breach any published national, state, or-local standards relating to solid waste or litter control; (e) The Project will cause substantial interference with the movement of any resident or migratory fish or wildlife species; (f) The Project will substantially degrade water quality; (g) The Project will contaminate a public water supply; (h) The Project will degrade or deplete ground water resources; (i) The Project will interfere substantially with ground water recharge; (j) The Project will disrupt or alter an archaeolo- gical site over 200 years old, an historic site or a paleontological site except as a part of a scientific study of the site; (k) The Project will induce substantial growth or concentration of population; (1) The Project will cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; (m) The Project will displace a large number of people; - 5 - (n) The Project will encourage activities which result in the use of large amounts of fuel or energy; (o) The Project will use fuel or energy in a wasteful manner; (p) The Project will increase substantially the ambient noise levels for adjoining areas; r (q) The Project will cause substantial flooding, erosion or siltation; (r) The Project will expose people or structures to major geologic hazards: (s) The Project will extend a sewer trunk line (x) The Project will violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. B. [S 3021 Mandatory Findings of Significance The Project shall be found to have a significant effect on the environment if: 1. The Project has the potential to degrade the quality of the environment, substantially reduce the habi- tat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal capacity to serve new development; (t) The Project will substantially diminish habitat for fish, wildlife or plants; (u) The Project will disrupt or divide the physical arrangement of an established community; (v) The Project will create a public health hazard or a potential public health hazard; (w) The Project will conflict with established re- creational, educational, religious, or scientific uses of the area; (x) The Project will violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. B. [S 3021 Mandatory Findings of Significance The Project shall be found to have a significant effect on the environment if: 1. The Project has the potential to degrade the quality of the environment, substantially reduce the habi- tat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 2. The Project has the potential to achieve short -term environmental goals to the disadvantage of long -term environmental goals. 3. The Project has possible environmental effects which are individually limited but cumulatively consi�tera- ble. As used in the subsection, "cumulatively con- siderable" means that the incremental effects on an individual Project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 4. The environmental effects of the Project will cause substantial adverse effects on human beings, either directly or indirectly. IV. [§ 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF EIR FOR NEW REDEVELOPMENT PROJECTS A. [§ 4011 General An EIR shall be prepared as part of the Report on the proposed Plan required to be submitted by the Agency to the City Council for any Plan on which a public hearing is set on or after the date of adoption of these Procedures. B. [§ 4021 Preparation and Adoption of EIR 1. [§ 4031 Preparation of and Early Consultation on Draft EIR A Draft EIR shall be prepared at the time the Agency staff is preparing the Plan. The Draft EIR shall conform to and contain the information specified in Sections 601 through 613. Before completing the Draft EIR, the Agency shall consult directly with all other public agencies involved in approving or carrying out the Project, and with any,person or organization it believes will be concerned with the environmental effects of the Project. 2. [§ 4041 Notice of Completion As soon as the Draft EIR is completed, the Agency staff shall file a.Notice of Completion with the Secretary for the - 7 - Resources Agency of the State. The Notice shall include a brief description of the Project, its proposed location and an address where copies of the EIR are available and the period during which comments will be received. A form for this Notice is attached as Appendix A. Where the EIR will be reviewed through the State review handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the Notice of Completion and no Notice of Completion need be sent to the Resources Agency. 3. [5 4051 Public No and Review The Agency staff shall transmit copies of the Draft EIR to and shall consult with and obtain comments on the Draft EIR from those public agencies which have jurisdiction by law with respect to the Project, and with persons or agencies which have special expertise with respect to any environmental impact involved. In addition, the Agency shall provide the general public with an opportunity to comment on the EIR. The Agency shall of a Draft EIR at the tion to the Resources ganizations and indiv notice and shall also procedures: provide public notice of the completion same time as it sends a Notice of Comple- Agency. Notice shall be given to all or- iduals who have previously requested such be given by at least one of the following (1) Publication by the Agency at least once in a newspaper of general circulation in the area affected by the proposed project. (2) Posting of notice by the Agency within the Project area and in areas adjacent to the Project area. (3) Direct mailing to owners of property within and con- tiguous to the Project area. The time period within which public agencies and members of the public must review and comment on the Draft EIR is thirty (30) days from the date of publication or other giving of notice of completion, except as provided in Section 406 hereof, and the Agency shall so state in its public notice and transmission of the Draft EIR. Agency staff should furnish copies of Draft EIR's to appropriate public libraries in order to make the EIR available to the public for inspection. Agency staff should compile listings of other agencies, particularly local agencies, which have jurisdiction by law �s� and /or special expertise with respect to special environmental issues and project locations. Such listings should be a guide in determining which agencies should be consulted with regard to a particular Project. If any agency or person who is con- sulted with regard to a Draft EIR fails to comment within the time set by the Agency, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. 4. [§ 4061 Review by State Agencies Agency staff may transmit a Draft EIR, to the State Clear- inghouse for review by the appropriate state agency where a state agency has special expertise with regard to the environ- mental impacts involved. 116 re an EIR is submitted to the State Clearinghouse, the review period set by the Agency shall be at least 45 days from the date of publication or other giving of notice of completion unless a shorter period is approved by the State Clearinghouse. (5) B 4071 Public Hearin A public hearing shall be conducted on a Draft EIR and all comments received thereon and responses of the Agency thereto. Such public hearing may be either a separate hear- ing on the Draft EIR or included in any hearing on the pro- posed Plan, which may be a joint hearing on the Plan by the Agency Board and the City Cotuicil. If a separate hearing is held on the EIR, the Agency shall publish Notice at least once not less than 10 days prior to the hearing and shall refer to the availability of the Draft EIR. If the hearing on the EIR is included in the hearing on the proposed Plan, the Notice of Public Hearing on the proposed Plan shall refer to the availability of the Draft EIR and the public hearing to be held on the Draft EIR. - 9 - (6) [§ 4081 Final EIR The Final EIR shall consist of: (1) The Draft EIR or a revision of the Draft; (2) Comments and recommendations received on the Draft EIR, either verbatim or in summary, from those agencies or persons consulted or who otherwise commented on the Draft EIR either at public hearing or by written communication to the Agency; (3) A list of persons, organizations and public agencies commenting on the Draft EIR; (4) The responses of the Agency to significant environmental points raised in the review and consultation process. The Agency shall certify that the Final EIR has been completed in compliance with CEQA, the Regulations and these Procedures, and that the Agency Board has reviewed and considered the information contained in the Final EIR. The Final EIR shall be certified by the Agency Board prior to City Council action on the Plan. The City Council shall certify the EIR prior to or concurrently with its adoption of the Plan. The certification of the City Council shall state that the Final EIR has been completed in compliance with CEQA, the Regulations and these Procedures, the Agency Board has certified the EIR, and that the City Council has reviewed and considered the information contained in the EIR prior to its approval of the Project. (7) [§ 4091 Findings by the Agency and the City Council Re Significant Effects of Plan The City Council shall not adopt and the Agency shall not carry out a Plan for which an EIR has been completed which identifies one or more significant effects of the Project unless the Agency and the City Council make one or more of the following findings for each of those significant effects, accompanied by a statement of the facts supporting C each finding: (1) Changes or alterations have been required ""', in, or incorporated into, the Project which mitigate or avoid the significant environ- mental effects thereof as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Agency or the City Council, provided that the Agency or the City Council does not have concurrent jurisdiction with the other public agency to deal with identifieda;gasible mitigation measures or alternativess/ such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social or other consider- ations make infeasible the mitigation measures or project alternatives identified in the Final EIR. These findings shall be supported by substantial evidence in the record. (g) [§ 4101 Notice of Determination After the City Council has approved and adopted the Plan, the Agency shall prepare and file a Notice of Deter- mination with the Clerk of the County. The Notice of Determination shall include: (1) An identification of the Project by its common name; (2) The action of the City Council in approving and adopting the Redevelopment Plan; (3) The determination of the Agency and City Council whether the Project in its approved form will or will not have a significant effect on the environment; - 11 - (4) A brief statement of the mitigation measures which were adopted by the Agency to reduce the impacts of the approved Project; (5) A statement that an EIR was prepared pursuant to the provisions of CEQA, and was certified by the Agency Board and the City Council. If the Project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Secretary for Resources. The filing of the Notice of Determination starts a 30- day statute of limitations on court challenges to the Final EIR under CEQA. V. [5 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF NEGATIVE DECLARATIONS, SUBSEQUENT EIRS OR SUPPLEMENTS TO EIRS A. [9 5011 Initial Study If the Agency proposes to amend a Plan, execute or ap- prove any contracts for site improvements, disposition and development agreements, participation agreements or any other documents, or undertake other implementation activities which may result in substantial changes in the environmental impacts anticipated and covered in the previous EIR prepared for the Project, the Agency staff shall conduct an Initial Study to determine if the proposed action will have addit- ional significant effects on the environment. The Initial Study shall be a written report and shall contain in brief form: (1) A description of the action proposed to be taken by the Agency; (2) An identification of the environmental setting; (3) An identification of environmental effects by use of a checklist, matrix, or other method; (4) A discussion of ways to mitigate the significant effects identified, if any; (5) An examination of whether the proposed action is compatible with existing zoning and plans; - 12 - (6) The name of the person or persons who prepared or participated in the Initial Study. The Initial Study shall also consider and determine whether a Negative Declaration, a Subsequent EIR or a Sup- plement to the EIR shall be prepared. (1) If the Agency finds in the Initial Study that the proposed action will not have a significant effect on the environment, then a Negative Declaration shall be prepared. (2) If the Agency finds in the Initial Study that the proposed action will involve new environmental impacts not considered in the previous EIR, then a Subsequent EIR shall be prepared. (3) If the Agency finds in the Initial Study that the environmental impacts of the proposed action are essentially the same as those in the previous EIR, but that there is available additional information or data regarding such impacts, mitigation measures . or reasonable alternatives not previously consider- ed, then a Supplement to the EIR shall be prepared for the proposed action. (4) If the Agency finds in the Initial Study that the environmental impacts of the proposed action are essentially the same as those in the previous EIR, and there is no additional information or data available requiring supplementation of the previ- ous EIR, then the Agency and /or the City Council shall make findings and determinations as prescrib- ed in Section 520 hereof. A sample project description and environmental review checklist form which meets the requirements for an Initial Study is attached hereto as Appendix C, and may be used by the Agency. B. [5 5021 Implementation Activities Exempt From Requirements of an Initial Study If the action proposed to be taken with regards to imple- menting the Plan falls within the classifications of activi- ties listed below, then the Agency staff need not conduct an Initial Study to determine if the proposed action will have additional significant effects on the environment. Said classes of actions and activities are determined not to have - 13 - a significant effect on the environment and are declared to be categorically exempt from the necessity of any further study and /or determinations with respect to their effect on the environment. The following classifications are declared to be exempt. 1. Actions and activities consisting of the operation, repair, maintenance or minor alteration of existing public or pri- vate structures, facilities, mechanical equipment, or to- pographical features, involving negligible or no expan- sion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (b) Existing facilities of both investor and public- ly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including a stand of trees, a rock outcropping, or a historic building. (d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide or flood; (e) Additions to existing structures provided that the addition will not result in an increase of more than 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 construction of or in conjunction with existing structures, facilities or mechanical equip- ment, or topographical features including navigational devices; (g) New copy on existing on and off - premise signs; - 14 - (h) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); (i) Division of existing multiple family rental units into condominiums; (j) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological y or architectural significance: (1) Single family residences not in conjunction with the demolition of two or more units, (2) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures, (3) Stores, offices and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the demolition of two or more such structures, (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 2. Actions and activities consisting of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50%; (b) Replacement of a commercial structural with a new structure of substantially the same size and purpose. 3. Actions and activities consisting of construction and location of single, new, small facilities or structures and installation of small new equipment and facilities - 15 - including but not limited to: (a) Single family residences not in conjunction with the building of two or more such units; (b) Motels, apartments, and duplexes more than four dwelling units if with the building of two or more (c) Stores, offices, and restaurants occupant load of 20 persons or 1, conjunction with the building of structures; designed for not not in conjunction such structures; if designed for an ass, if not in two or more such (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction; (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. 4. Actions and activities consisting of minor public or private alterations in the condition of land, water and /or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (a) Grading on land and a slope of less than 10 percent, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site. (d) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (e) Minor trenching and backfilling where the surface is restored. 5. Actions and activities consisting of minor alterations in land use limitations, excepting zoning, including but not limited to: (a) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel nor in any change in land use or density; - 16 - M Issuance of minor encroachment permits. 6. Actions and activities consisting of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On premise signs; (b) Small parking lots. 7. Actions and activities consisting of minor additions to existing school grounds where the addition does not increase original student capacity by more than 250 or five classrooms, which is less, including the addition of portable classrooms. 8. Actions and activities consisting of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either: (a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a manage- ment plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. C. [5 5031 Procedures for Preparation and Adoption of Negative Declarations 1. [§ 5041 Content and Early Consultation A Negative Declaration shall be prepared by Agency staff for a proposed amendment to the Plan or Plan implementation activity where the amendment or implementation activity could potentially have a significant effect on the environment, but which the Agency finds on the basis of an Initial Study will not have a significant effect on the environment. The Negative Declaration shall be prepared prior to any public hearing on the proposed amendment or implementation activity and shall be part of the report and recommendations on the proposed action required to be submitted by the Agency to the City Council. The Negative Declaration shall include: (1) a brief description of the proposed Plan amendment or Plan implementation activity, as the case may be, including a commonly used name - 17 - for the project or activity if any; (2) The location of the project and /or proposed action and the name of the Agency; (3) a finding that the proposed action will not have a significant effect on the environment; (4) An attached copy of the Initial Study documenting reasons to support the finding; and (5) Mitigation measures, if any, included in the action to avoid potentially significant effects. Before completing the Negative Declaration the Agency shall consult with all other public agencies involved in approving or carrying out the Project. 2. [§ 5051 Filing of Negative Declaration Notice and Public Review The Executive Director is authorized execute such Negative Declaration and shall then place copies of the Negative Declaration on file in the office of the Agency, and shall send copies of the Negative Declaration to those public agencies having jurisdiction by law for comment and review not less than 30 days prior to any public hearing required on the proposed action or where no public hearing is required, not less than 30 days prior to the date of any official actions approving or disapproving the proposed action. Where the Negative Declaration is to be reviewed by a State agency as provided in Section 406 hereof, it shall be submitted to the State Clearinghouse for distribution to the appropriate agency and the review period set by the Agency shall be at least 45 days unless a shorter period is approved by the State Clearinghouse. The Agency also shall make the Negative Declaration available to the public with sufficient time for members of the public to respond to the finding. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the procedures listed in Section 405 above. The time period within which public agencies and members of the public must review and comment on the Negative Declaration is (30) days after the publication or other giving of notice of the finding,- except as provided for State review above, and the Agency shall so state in its public notice and transmission of the Negative Declaration. 3. [5 5061 Public Hearing A public hearing is not required on a Negative Declaration. However, any notice of public hearing on a proposed amendment i - or Plan implementation activity shall include reference to the finding and availability to the public of the negative Declaration. In the event that a public hearing is to be held on the Negative Declaration, the public hearing may be _held separate from or in conjunction with a public hearing on the proposed action. If a separate public hearing is to be held on the Negative Declaration, the notice of public hearing shall be published at least once not less than 10 days prior to the public hearing and shall refer to the finding of the Nega- tive Declaration and availability of the Neative Declara- tion. If the public hearing on the Negative Declaration is to be held in conjunction with the public hearing on the pro- posed amendment or Plan implementation activity, the notice of public hearing on the proposed action shall refer to the finding of the Negative Declaration, the availability of the Negative Declaration, and the public hearing to be held on the Negative Declaration. 4. [§ 5071 Age ncy Board and City Council Actions The finding of the Negative Declaration shall be approv- ed or disapproved by the Agency Board prior to any City Coun- cil and /or Agency action on the proposed Plan amendment or implementation activity. The City Council shall certify that it has reviewed and considered the information contained in the Negative Declaration prior to or concurrently with its adoption and /or approval of the proposed action. In the event the Agency Board disapproves the finding of the Negative De- claration, the Agency staff shall prepare a Draft EIR and any public hearing on the proposed'action shall be postponed or continued to a date at least 30 days following the filing of the Notice of Completion pursuant to Section 512. No amend- ment to a Plan shall be approved and adopted by the City Council unless and until a Negative Declaration or EIR is adopted by the Agency Board and unless and until the Agency Board and the City Council have certified that they have re- viewed and considered the information contained in the Nega- tive Declaration or EIR. 5. [§ 508] Notice of Determination After Agency Board approval of the finding of the Nega- tive Declaration and City Council and /or Agency action on the proposed Plan amendment or implementation activity, a Notice of Determination (with a copy of the Negative - 19 - Declaration attached) shall be filed If the action requires discretionary agency, the Notice of Determination the Secretary of Resources. with the County Clerk. approval from a state also shall be filed with The Notice of Determination shall include: (1) the decision of the City Council and /or Agency to approve or dis- approve the Plan amendment or implementation action; (2) the determination by the Agency and the City Council that the Plan amendment or implementation activity will not have a significant effect on the environment; and (3) a statemen+- that no Subsequent EIR or Supplement to EIR has been prepared. The filing o ty Clerk starts a challenges to the D. [5 509] 1. B f the Notice of Determination with the Coun- 30 day statute of limitations on court approval under CEQA. Procedures for Preparation and Adop- tion of Subsequent EIRS 5101 When to Prepare Subsequent EIR Where an EIR has been prepared and certified, a Subse- quent EIR need not be prepared and certified unless the Agency finds on the basis of an Initial Study that: (1) Substantial changes are proposed to be made to the Plan which require major revisions of the EIR, due to the involvement of new environmental impacts not considered in the previ- ous EIR; or (2) There are substantial changes with respect to the circumstances under which the Plan is to be implemented, such as a change in the proposed loca- tion of a major development, which will require major revisions in the EIR due to the involvement of new en- vironmental impacts not covered in the previous EIR. 2. [§ 511] Draft Subsequent EIR - Plan Amendment A Draft Subsequent EIR shall be prepared by the Agency staff for a proposed amendment to the Plan, where required pursuant to Sections 501 and 510. Before completion of the Draft EIR, the Agency shall consult directly with any person or organization it believes will be concerned with the envir- onmental effects of the Project. - 20 - If required pursuant to Section 501, the Draft SIR S hall be prepared by the Agency staff hearing on the proposed amcndrne t Prior to any public Section 507, the Draft EIR shall be preparredrby the Agency by to staff as soon as possible following Agency Board disapnroval � Of the finding of the Negative Declaration. the Draft EIR shall be part of the report and recommendations either case, dations on the proposed amend ,� ,_ P P ent to the Plan required to be submitted by the Agency to the City Council. The Draft EIR shall be written in accordance wit h the criteria set forth in Sections 3 the information specified in Sec ti and 0 02 L ro shall contain ugh 614 Procedure for the preparation below. and adoption Of Draft EIR i Jet forth below. i a• IS 5127 Notice of Completion As soon as the Draft EIR 30 days prior to than, is completed, but not less a public hearing or continued public hearin on the proposed amendment to the Plan the A file a Notice of Completion with the Se cretary of shall gency staff Agency of the State. V- the EIR will be revieti•�edethroughCes the State review process handled b g the cover form required b Y the State Clearinghouse, as the Notice of Completion t and S no t Notice r o f ghouSe will serve be sent to the Resources Agency. T Completion need b. 5131 Public ?Notice and Review 1 The Agency staff shall transmit to a copies of the Draft EIR and consult with agencies and the' Public notice .of completion of the Draft Elnd shall provide provided in Sections 4 and f t in the manner C. (9 5141 Public Hearinq The Agency shall consider the Draft Subsequent all co.-lrnents received thereon and ElR a nd res thereto at a public hearing. An r esponses by the Agency - th e Plg pursuant to Section 507 a hthe to the availability on amendment the Plan, which may be a joint on h he to amendment to the Plan shall refer aring on the proposed Draft EIR and the public hearin e availability of the If a separate public hearing is Dralt`EDRaft EIR. e notice of Public Hearing shall b t less than 10 days prior to the e published at least once not to the availabilit Public hearing and shall refer y of the Draft EIR. - 21 - r 3. [§ 5151 Final Subsequent EIR Plan Amendment The Final EIR shall consist of (1) the Draft EIR or a revision of the Draft; (2) comments and recommendations received -- on the Draft EIR, either verbatim or in summary, from those agencies or persons consulted or who otherwise commented on the Draft EIR either at the public hearing or by written communication to the Agency; (3) a list of persons, organizations and public agencies commenting on the Draft EIR; and (4) the response of the Agency to any significant environmental points raised in the review and consultation process. The Agency shall certify that the Final EIR has been completed in compliance with CEOA, the Regulations, and these Procedur6s, and that the Agency Board has reviewed and considered the information contained in the Final EIR. The Final EIR shall be certified by the Agency Board prior to City Council action on the proposed amendment to the Plan. The City Council shall certify the Final EIR prior to or concurrently with its adoption of the proposed amendment to the Plan. 4. [§ 5161 Findings by the Agency and the City Council Re Significant Effects of a Plan Amendment The City Council shall not adopt and the Agency shall not carry out any amendment to a Plan for which an EIR has been completed with identifies one or more significant effects of the amendment unless the Agency and the City Council make one or more of the following findings for each of those significiant effects, accompanied by a statement of the facts supporting each finding: (1) Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant environmental effects thereof as indentified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Agency or the City Council, provided that the Agency or the City Council does not have concurrent jurisdiction with the other public agency to deal with identified feasible mitigation measures or alternatives; and such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. - 22 - These findings shall be supported by substantial evidence in the record. 5. [§ 5171 Notice of Determination After the City Council has approved and adopted the amendment to the Plan, the Agency shall prepare and file a Notice of Determination with the Clerk of the County as provided in Section 410. The contents of the Notice of Determination shall be as prescribed in said Section 410. The filing of the Notice of Determination starts a 30 day statute of limitations on court challenges to the Final Subsequent EIR under CEQA. 6. [S 5181 Subsequent EIRs for Substantial Changes in Plan Implementation If the Agency proposes to execute or approve any contracts for site improvement, disposition and development agree- ments, participation agreements or any other documents or undertake any other activity in implementing the Plan which the Agency finds on the basis of an Initial Study would result in substantial changes in the environmental impacts anticipated and covered in a previous EIR, a Subsequent EIR shall be prepared pursuant to the provisions and procedures set forth in Sections 510 -517 hereof for Plan Amendments. E. 5191 Procedures for Preparation and Adoption of Supplements to EIRs If the Agency proposes to take action to amend a Plan, to execute or approve any contracts for site improvement, disposition and development agreements, participation agree- ments or any other documents or to undertake other activities in implementing the Plan, which proposed action the Agency finds on the basis of an Initial Study would result in essentially the same environmental impacts identified in the previous EIR, but that there is available additional information or data regarding such impacts, mitigation measures or reasonable alternatives not previously considered, a Supplement to the EIR shall be prepared setting forth such additional information or data. If the preparation and adoption of a Supplement to the EIR is required, the Agency shall follow the provisions and procedures for preparation, consultation, public notice and review, public hearing, certification, etc. set forth in Sec- tions 509 -518 hereof for the preparation and adoption of Subsequent EIRs. - 23 - F. [§ 5201 Procedu adhere No Negative Declara- tio Subsequent EIR or Supplemen to E IR is Re quired for Plan Implementa- tion Activities If the Agency proposes to execute or approve any con- tracts for site improvement, disposition and development agreements, participation agreements or any other documents, or undertake other activities in implementing the Plan, which the Agency finds on the basis of an Initial Study will not require the preparation of a Negative Declaration, Subsequent EIR or a Supplement to the EIR, the Agency and / or the City Council shall find and determine that: (1) No substantial changes:are proposed in the Redevelopment Project, or with respect to the circumstances under which the Project is to be undertaken, which will require major revisions in the Environmental Impact Report previously adopted for the Project due to the involvement of new en- vironmental impacts not covered in said previous Environmental Impact Report; (2) No Subsequent or Supplement to EIR is necessary or required; and (3) The proposed action will have no significant affect on the environment, except as identi- fied and considered in the previous EIR. After the Agency and /or the City Council has approved or adopted the proposed action, the Agency shall prepare and file a Notice of Determination with the Clerk of the County as provided in Section 410. The contents of the Notice of Determination shall include the provisions of said Section 410 and the above findings and determinations. VI. [5 6001 CONTENTS OF EIR A. [§ 601) Draft EIR The Draft EIR for a Project shall contain the follow- ing elements: - 24 - f 1. Summary 2. Table of Contents 3. Description of Project 4. Description of Environmental Setting 5. Environmental Impact a. Significant Environmental Effects of the Proposed Project b. Any Significant Environmental Effects Which Cannot be Avoided if the Proposal is Implemented C. Mitigation Measures Proposed to Minimize the Significant Effects d. Alternatives to the Proposed Action e. Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhancement of Long - Term Productivity f. Any Significant Irreversible Environ- mental Changes Which Would Be Involved if the Proposed Action Should be Implemented g. Growth Inducing Impact of the Proposed Action 6. Effects Found Not To Be Significant 7. Organizations and Persons Consulted 8. Water Quality Aspects — 25 — The EIR shall cover each of the above elements, and when these elements are not separated into distinct sections, the EIR shall state where in the document each element is discussed. The EIR shall discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. 1. [§ 6021 Description of Project 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 Project area shall be shown on a detailed map, preferably topographic. The Project area shall also be shown on a regional map. (b) A statement of the objectives sought in the Plan. (c) A General description of the Project's technical, social, economic, and environmental characteristics, considering the principal engineering proposals and supporting public service facilities. The description of the Project may include: (a) Energy consuming equipment and processes which will be used during construction, operation and /or removal of the project. If appropriate, this discussion should consider the energy intensive- ness of materials and equipment required for the project. (b) Total energy requirements of the project by fuel type and end use. (c) Energy conservation equipment and design features. (d) Initial and life -cycle energy costs or supplies. - 26 - 2. [5 6031 ' Description of Environmental Setting An EIR must include a description of the environment in the Project area and in the vicinity of the Project, as it exists before commencement of the Project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. `Special emphasis should be placed on environmental resources that are rare or unique to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included for purposes of examining the possible cumulative impact on such projects. The environmental setting described in the EIR may include existing energy supplies and energy use patterns in the region and locality. 3. [5 6041 Environmental Impact All phases of the Project must be considered when evaluating its impact on the environment: planning, acquisition, relocation, demolition and site clearance, construction of public improvements, development, and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. a. [§ 6051 The Significant Environmental Effects of the Project Describe the direct and indirect significant effects of the Project on the environment, giving due consideration to both the short -term and long -term effects. It should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resource base such as water, scenic quality, and public services. Cumulative effects shall also be discussed when found to be significant. of: The environmental impacts may include a description - 27 - (1) The Project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the Project's life cycle including construc- tion, operation, maintenance and /or removal. If appropriate, the energy intensiveness of materials may be discussed. (2) The effects of the Project on local and regional energy supplies and on requirements for additional capacity. (3) The effects of the Project on peak and base period demands for electricity and other forms of energy. (4) The degree to which the Project complies with existing energy standards. (5) The effects of the Project on energy resources. b. B 6061 Any Significant Environmental Effects Which Cannot be Avoided if the Plan is Adopted Describe any significant impacts, including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the Project is being proposed, notwithstanding their effect, should be described. Describe significant impacts on any aesthetically valuable surroundings, or on human health. Unavoidable adverse effects may include wasteful, inefficient and unnessary consumption of energy during the project construction, operation, maintenance and /or removal that cannot be feasibly mitigated. C. 6071 Mitigation Measures Proposed to Minimize the Significant Effects Describe significant, avoidable, adverse impacts, including inefficient and unnessary consumption of energy and water, and the measures to minimize these impacts. The discussion of mitigation measures shall distinguish between the measures which are proposed by Project proponents to be included in the Project and other measures that are not included, but could reasonably be expected to reduce adverse impacts. This discussion shall include an identification of the accept- able levels to which such impacts will be reduced, and the basis upon which such levels were identified. Where several measures are available to mitigate an impact, each should be.discussed and the basis for selecting a particular measure should be identified. Energy conservation measures, as well as other appropriate mitigation measures, shall be discussed when relevant. Such measures may include: (1) Potential measures to reduce wasteful, inefficient and unnecessary consumption of energy during construction, operation, maintenance and /or removal. The discussion should explain why certain measures were incorporated in the Project and why other measures were dismissed. (2) The potential of siting, orientation, and design to minimize energy consumption. (3) The potential for reducing peak energy demand. (4) Alternate fuels (particularly renewable ones) or energy systems. (5) Energy conservation which could result from recycling efforts. d. [5 6081 Alternatives to the Project Describe all reasonable alternatives to the Project, or to the location of the Project, which could feasibly attain the basic objectives of the Plan 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. The discussion of alternatives shall include alternatives capable of substantially reducing or eliminating any significant environmental effects even if these alternatives substantially impede the attainment of the Plan objectives and are more costly. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnessary consumption of energy. =M MO e. [§ 609] ' The. Relationship Between Local - Short -Term Uses of Man's Enyironment.'and.the Maintenance and Enhancement of Long -Term Productivity Describe the cumulative and long -term effects of the Plan 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 and safety. In addition, the reasons why the proposed Project is believed by the Agency to be justified now, rather than reserving an option for further alternatives, should be explained. Short -term gains versus long -term impacts can be compared by calculating the energy costs over the lifetime of the Project. f. [§ 6101 ' Any Significant Irreversible Environmental Changes Which Would be Involved in the Plan Should it be Adopted Uses of nonrenewable resources during the initial and continued phases of the Project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly secondary impacts (such as a highway improvement which provides access to , a nonaccessible area) generally commit future generations 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. Irreversible commitment of resources may include a discussion of how the project preempts future energy devel- opment or future energy conservation. g. [§ 6111 The Growth - Inducing Impact of the Plan Discuss the ways in which the Plan for the Project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth, e.g., a major expansion of a waste water treatment - 30 �. -NOW plant might allow for more construction in service areas. Increases in the population may further tax existing community service facilities so consideration must be given to this impact. Also discuss the characteristics of some projects which may encourage and acilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. Growth inducing effects may include the estimated energy consumption of growth induced by the Project. 4. [S 6121 Effects Found Not To Be Significant The EIR shall contain a statement briefly indicating the reasons that various possibly significant effects of the Project were determined not to be significant and were therefore not discussed in detail in the EIR. 5. [5 6131 'Organizations and Persons Consulted The identity of all federal, state, or local agencies, other organizations and private individuals consulted in preparing the Draft EIR, and the identity of the persons, firm or agency preparing the Draft EIR, by contract or other authorization must be given. 6. [§ 6141 Water Quality Aspects Describe in the environmental setting section, and other sections where applicable, water quality aspects of the Plan which have been previously certified by the appro- priate state or interstate organization as being in substantial compliance with applicable water quality standards. B. [§ 6151 Final EIR for A Project The Final EIR shall consist of: (1) The Draft EIR or a revision of the Draft containing the elements described above; (2) A section containing the comments and recommendations received on the Draft EIR either verbatim or in summary; - 31 - a (3) A list of persons, organizations and public agencies commenting on the Draft EIR; (4) The response of the Agency to any significant environmental points raised in the review and consultation process. The response of the Agency to comments received may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. The response shall describe the disposition of significant environmental issues raised, e.g., revisions to the Plan or Plan implementation techniques to mitigate anticipated impacts or objections. In particular, the major issues raised when the Agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of overriding importance warranting an override of the suggestions. VII. [9 7001 FEDERAL PROJECTS In cases where these Procedures require the preparation of an EIR by the Agency and an Environmental Impact Statement ( "EIS ") has been or will be prepared for the same Project pursuant to the requirements of the National Environmental Policy Act ( "NEPA ") and the implementing regulations thereto, all or any part of such EIS may be submitted in lieu of all or any part of an EIR required by these Procedures; provided that the EIS, or the part thereof so used, shall comply with the requirements of these Procedures. In cases where the federal EIS is used, discussion of mitigation measures, growth inducing impact and energy conservation will have to be added or supplemented if the EIS does not include an adequate discussion of these elements. mph C APPENDIX A State of California The Resources Agency SECRETARY FOR RESOURCES 1416 Ninth Street, Room 1311 Sacramento, California 95814 NOTICE OF COMPLETION i Project Title Project Location - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code Phone Extension APPENDIX B NOTICE OF DETERMINATION TO: County Clerk County of Orange P.O. Box 687 Santa Ana, California, 92702 Secretary for Resources 1416 Ninth Street, Room 1311 Sacramento, California, 95814 FROM: ANAHEIM REDEVELOPMENT AGENCS Agency SUBJECT: Filing of Notice of Determination in Compliance With Section 21108 or 21152 of the Public Resources Code Project Title State Clearinghouse Number If Submitted to State Clearinghouse Contact Person _ Telephone No. Project Location Project Description This is to advise that the Anaheim Redevelopment Agency Agency has made the following determinations regarding the above described project: 1. The project has been approved by the disapproved 2. The project will have a significant effect on the environment. will not 3. An Environmental Impact Report was prepared for this Project pursuant to the provisions of CEQA. A Subsequent Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A Copy of the Negative Declaration is attached. A Supplement to Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. The project will not result in significant effects on the environment other than those identified in the EIR, therefore no Subsequent EIR, Supplement to EIR or Negative Declaration is required. Date Received for Filing: (Signature) Title 13 APPENDIX C INITIAL STUDY (Environmental Information and Checklist Form) I. GENERAL INFORMATION 1. Name and address of Agency: 2. Address of project: Assessor's Block and Lot Number 3. Name, address, and telephone number of person to be contacted concerning this project: - 4. Indicate number of the permit application (if any) for the development to which this form pertains: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing zoning district: 7. Proposed use of site for which this form is filed: II. DESCRIPTION OF DEVELOPMENT 1. Site size. 2. Square footage. 3. Number of floors of construction. 4. Amount of off - street parking provided. 5. Attach plans. 6. Proposed scheduling. 7. Associated developments. 8. Anticipated incremental development. �_. 4W.. 9. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. ..�, 10. If commercial, indicate the type, whether neighbor- hood, city or regionally oriented, square footage of sales area, and loading facilities. 11. If industrial, indicate type, estimated employment per shift, and loading facilities. 12. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the development. 13. If the development involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. III. ENVIRON MENTAL CHANGES Are the following items applicable to the (project) (development) or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, lakes or hills, or sub- stantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3• Change in pattern, scale or character of general area of project or development. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alter- ation of existing drainage patterns. - 2 - YES NO 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or on slope of 10 percent or more. 9. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantially increase fossil fuel con- sumption (electricity, oil, natural gas, etc.). 12. Relationship to larger development or series of developments. IV. ENVIRONMENTAL SETTING 1. Describe the project or development site as it exists before, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. 2. Describe the surrounding properties, including infor- mation on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (resi- dential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snap- shots, or polaroid photos will be accepted. V. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. Earth. Will the proposal result in: = M r � \ YES MAYBE NO a. Unstable earth conditions or in changes in geologic sub- structures? b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, depo- sition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? - 4 - YES MAYBE NO 3 L. The cr-eation of objectionable ociors? C. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? ';later. ' :gill t'ie pj.opo,al ru2ult a. C'- ;tinges in currents, or the cour or direction of water movements, in (•i,,hcr marine or fresh watersz? _. C: angcs in absorption r_2:tc:L, draina,Ce patter•sn, or the rate ana amount of 2urface water C. Al terations to the course or of flood d. Change: in the amount of surface : ;at jr, any water body? e . i)i scharg e into surface. an-; alteration of Furfar, f:atc,r ,ualiL;,, incl�� ding but not li:nitc to termperature, dissolved oxygen or tui-L,idity ". 1'. i,ltcratiC_ 01' ti di,•ccl. ion or rate of flow of ground waters'? — - L.. Change in the quantity of ground ,inters, either through direct additions or iithdra :gals, or through interception of an aquifer b.✓ cutE or F- .cavut one — - 5 - YES MA YBE NO h. Substantial reduction in the amount of water otherwise available for public water supplies? I. Exposure of people or property to water related hazards such as flooding or tidal waves? Y 4. Plant L ife. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal resu 3n— a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic or anisms, insects or microfauna�? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? YES MAYBE NO 6. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal resu t in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. Population Will the proposal alter the location, distribution, density, or growth rate of the human popu- lation of an area? 12. Housing. V"ill the proposal affect exis �n housing, or create a demand for additional housing? 13. Tr ansportation /Circulation. ' rrill the proposal result in: a. Generation of substantial addi- tional vehicular movement'? - 7 - YES 1 "MAYBE N0 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? C. Mater? d. Sewer or septic tanks? e. Storm - water drainage? f. Solid waste and disposal? 17. Human Heal Will the proposal resu t n: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the plzb] ic, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. R ecreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Archeological /Historical. gill the proposal result in an alteration of a Significant archeological or historical site, structure, object or building? YES MAYBE NO 21. Mandatory Findinqs of Siqnificance. a. Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop be- low self sustaining levels, threaten to eliminate a plant or animal com- munity, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Cali- fornia history or prehistory? b. Does the project have the poten- tial to achieve short -term, to the disadvantage of long -term, environ- mental goals? (A short -term impact on the environment is one which oc- curs in a relatively brief, defini- tive period of time while long -term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is rela- tively small, but where the ef- fect of the total of those im- pacts on the environment is significant.) d. Does the project have environ- mental effects which will cause substantial adverse effects on human beings, either directly or indirectly? VI. DISCUSSION OF ENVIRONMENTAL EVALUATION - 10 - r• i VII. DETERMINATION (To be completed by the Agency) On the basis of this initial evaluation: /_7 I find the proposed action COULD NOT HAVE a signifi- cant effect on the environment, and a 14EGATIVE DE- CLARATION will be prepared. I find that although the proposed action COULD HAVE a significant effect on the environment, there WILL NOT BE a significant effect in this case because the" mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARA- TION will be prepared. I find the proposed action MAY HAVE a significant ef- fect on the environment, and a SUBSEQUENT ENVIRONMENT- AL IMPACT REPORT will be prepared. I find that there IS AVAILABLE for the proposed action additional information concerning environmental im- pacts, mitigation measures or alternatives identified in the prior Environmental Impact Report and a SUPPLE- MENT TO ENVIRONMENTAL IMPACT REPORT will be prepared. I find that the proposed action WILL NOT HAVE any sig- nificant effect on the environment other than as iden- tified in the prior Environmental Impact Report, and there is no additional information or data available regarding environmental impacts identified in said Environmental Impact Report. Therefore, a NEGATIVE DECLARATION, SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, or a SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT will not be prepared. Date: Signature) CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial.evaluation to the best of my ability, and that the facts, statements, and information pre- sented are true and correct to the best of my knowledge and belief. Date: - 11 -