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ARA1978-074RESOLUTION NO. ARA78- 74 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY ADOPTING AMENDED PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT OF 1970 AND THE REGULA- TIONS OF THE CALIFORNIA RESOURCES AGENCY. WHEREAS, the California Environmental Quality Act of 1970 (Public Resources Code, Section 21000 et seq.) provides that projects carried out by local public agencies require the preparation and adoption of Environmental Impact Reports and other environmental assessment documents; and WHEREAS, Section 21082 of the Public Resources Code requires all such agencies to adopt procedures for the prepara- tion of such environmental documents pursuant to the California Environmental Quality Act of 1970. NOW, THEREFORE, BE IT RESOLVED that the Amended Procedures for Implementation of the California Environmental Quality Act of 1970 and the Regulations of the California Resources Agency, including Appendices A, B, C, D and E (consisting of 53 pages) attached hereto as Exhibit " A " and incorporated herein by this reference are hereby adopted. BE IT FURTHER RESOLVED that any procedure not expressly set forth in said Procedures but deemed necessary and convenient to carry out any of the purposes of 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the California Resources Agency" heretofore previously adopted by Resolution No. ARA77 -39 on June 14, 1977 are hereby superseded. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 20th of June , 1978. `a ATTEST: c; nx.1 tti�ixN !.`ANAHEIM REDEVELOPMENT AGENCY SECRETARY ANAHEIM REDEVELOPMENT AGENCY MES:jh 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. ARA78 - was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 20th day of June, 1978, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 20th day of June, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of June, 1978. Lz"--2 za�'� -1-1 SECRETARI OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) .. , ANAHEIM REDEVELOPMENT AGENCY ANAHEIM, CALIFORNIA AMENDED PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY Adopted June 20, 1978 by Resolution No. ARA -78 -74 \' ' / * I. [0 P age l l l l 3 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 5 -i- 1001 GENERAL ---------------------------------- A. [0 1011 Purpose ----------------------------- B. [D 1021 Lead Agency ------------------------- C. B 1031 Redevelopment Project is a Single � Project ----------------------------- D. [0 I041 Authority --------------------------- 200] DEFINITIONS ------------------------------ A. 20I] Agency ------------------------------ B. [g 202] Project ----------------------------- C. [8 20]] Environment ------------------------- D. 204] Significant Effect ------------------ E. [g 205] Cumulative Impacts ------------------ F. 2061 EIIl --------------------------------- G. 2071 Initial Study ----------------------- B. [Q 208] Subsequent EIB----------------------- Z. [g 2091 Negative Declaration ---------------- � J. 210] Supplement to EiIl ------------------- K. [5 2I11 Notice of Preparation --------------- L. [Q 2I21 Notice of 'Completion ---------------- M. [§ 3131 Notice of Determination ------------- N. 2141 Jurisdiction of Law ----------------- 0' 215] Feasible ---------------------------- P. 2161 Responsible Agency ------------------ Q. [8 217] Notice of Exemption ----------------- ZII. [8 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF PROJECT 00 E0VID00ME14T ---------------- P age l l l l 3 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 5 -i- t� Page A. [§ 3011 Criteria for Determining Significant Adverse Environmental Effect - - - - - -- 5 B. [§ 302] Mandatory Findings of Significance - 7 IV. [§ 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF EIR FOR NEW REDEVELOPMENT PROJECTS - - - - -- 8 A. [§ 4011 General ---------------------- - - - - -- 8 B. [§ 402] Preparation and Adoption of EIR - - -- 8 1. [§ 4031 Notice of Preparation and Early Consultation on Draft EIR - - - -- 8 2. [§ 4041 Preparation of Draft EIR - - - - -- 8 3. [§ 4051 Notice of Completion ---- - - - - -- 9 4. [§ 4061 Public Notice and Review - - - - -- 9 5. [§4071 Review by State Agencies - - - - -- 10 6. [§ 4081 Public Hearing ---------- - - - - -- .12 7. [§ 4091 Final EIR --------------- - - - - -- 13 8. [§ 4101 Findings by the Agency and the City Council Re Significant Effects of Plan --------- - - - - -- 13 9. [§ 4111 Statement of Overriding Consi- deration ---------------- - - - - -- 14 10. [§ 4121 Notice of Determination - - - - - -- 14 V. [§ 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF NEGATIVE DECLARATIONS, SUBSEQUENT EIRS OR SUPPLEMENTS TO EIRS ------- - - - - -- 15 A. [§ 5011 Initial Study ---------------- - - - - -- 15 B. [§ 502] Implementation Activities Exempt From Requirements of an Initial Study------------------------ - - - - -- 16 C. [§ 5031 Procedures for Preparation and Adop- tion of Negative Declarations - - - - -- 20 1. [§ 504] Content and Early Consultation- 20 -ii- , Page -... 2. [§ 5051 Filing of Negative Decla- ration, Notice and Public Review ------------------ - - - - -- 21 3. [§ 5061 Public Hearing ---------- - - - - -- 22 4. [§ 5071 Agency Board and City Council Actions ----------------- - - - - -- 22 5. [§ 5081 Notice of Determination - - - - - -- 22 D. [§ 5091 Procedures for Preparation and Adop- tion of Subsequent EIRS ------ - - - - -- 23 1. [§ 5101 When to Prepare Subsequent EIR -- 23 2. [§ 5111 Preparation of Draft Subsequent EIR for Plan Amendment --- - - - - -- 24 a. [§ 5121 Notice of Completion - - - - - -- 25 b. [§ 5131 Public Notice and Review - -- 25 C. [§ 514] Public Hearing ------- - - - - -- 25 3. [§ 5151 Final Subsequent EIR - Plan Amendment ---------------- - - - - -- 26 4. [§ 5161 Findings by the Agency and the City Council Re Significant Effects of a Plan Amendment and Statement of Overriding Consi- derations ---------------- - - - - -- 26 5. [§ 5171 Notice of Determination -- - - - - -- 26 6. [§ 5181 Subsequent EIRs for Substantial Changes in Plan Implementation -- 27 E. [§ 5191 Procedures for Preparation and Adop- tion of Supplements to EIRs----- - - - - -- 27 F. [§ 520] Procedures Where No Negative Decla- ration, Subsequent EIR or Supplement to EIR is Required for Plan Implemen- tation Activities -------------- - - - - -- 27 -iii- Page VI. [§ 6001 CONTENTS OF EIR ---------------------- - - - - -- 29 A. [§ 6011 Draft EIR ----------------------- - - - - -- 29 1. [§ 602] Introduction ---------------- - - - - -- 30 2. [§ 603] Summary of the Proposed Project and its Consequences -------- - - - - -- 30 3. [§ 604] Description of Project ------ - - - - -- 30 4. [§ 6051 Description of Environmental Setting --------------------- - - - - -- 31 5. [§ 6061 Environmental Impact -------- - - - - -- 31 a. [§ 607] The Significant Environmental Effects of the Project - - - - - -- 31 b. [§ 608] Any Significant Environmental Effects Which Cannot be Avoid- ed if the Plan is Adopted - - -- 32 C. [§ 6091 Mitigation Measures Proposed to Minimize the Significant Effects ---------------- - - - - -- 32 d. [§ 610] Alternatives to the Project -- 33 e. [§ 611] The Relationships Between Local Short -Term Uses of Man's En- vironment and the Maintenance and Enhancement of Long -Term Productivity ------------ - - - - -- 34 f. [§ 612] Any Significant Irreversible Environmental Changes Which Would Be Involved in the Plan Should it Be Adopted --- - - - - -- 34 g. [§ 6131 The Growth - Inducing Impact of the Plan --------------- - - - - -- 34 6. [§ 6141 Effects Found Not to Be Signi- ficant --------------------- - - - - -- 35 7. [§ 6151 Organizations and Persons Con- sulted --------------------- - - - - -- 35 8. [§ 6161 Water Quality Aspects ------ - - - - -- 35 -iv- I . r 0 Page B. [§ 6171 Final EIR for a Project -- -` - - -- 35 VII. [§ 7001 FEDERAL PROJECTS --------------------- - - - - -- 36 VIII. (§ 8001 WHEN AGENCY ACTING AS RESPONSIBLE AGENCY SHIFTS TO LEAD AGENCY --------------- - - - - -- 37 IX. [§ 9001 TIME LIMITS ON AGENCY ACTIONS UNDER CEQA ------------- - - ----------------- - - - - -- 38 -V- AI.IENDED PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS OF THE CALI- FORNIA RESOURCES AGENCY I. [ 5 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 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. :_ .._..,....._...A ..............1 S o. D. L§ 1041 Authority These Procedures have been adopted by resolution of the Re- development 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 Procedures, unless otherwise defined, such terms shall have the meaning as- cribed to them in this Part 200. A. [§ 201) Agency Agency means the Redevelopment Agency of the City and any agency, staff, consultants, assignees, delegates and City de- partments who may be assigned the duties and responsibilities for implementing the CEQA pursuant to these Procedures. B. [§ 2021 Project Project means a Redevelopment Project being carried out by the Agency pursuant to the California Community Redevelopment Law. C. h 2031 Environment Environment means the physical conditions which exist with- in the area which will be affected by a proposed Project includ- ing land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. D. [§ 2041 Significant Effect Significant effect means a substantial, or potentially sub- stantial, adverse change in the environment. E. [§ 2051 Cumulative Impacts Cumulative impacts mean two or more individual effects which, when considered together, are considerable or which com- pound or increase other environmental impacts. F. [§ 2061 EIR EIR means the Environmental Impact Report prepared pursu- ant 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. G. [§ 2071 Initial Stud Initial study means a preliminary analysis of the environ- mental effects of a proposed action prepared by the Agency to EXHIBIT ........�! ..............� 1 determine whether a Subsequent EIR, Supplement to EIR or a Negative Declaration must be prepared. H. [§ 2081 Subsequent EIR Subsequent EIR means the preparation and adoption of an additional EIR because of substantial changes proposed to be made in a Plan, implementation of a Plan, changes in circum- stances, or availability of new information which involve envi- ronmental impacts not considered in the original EIR which was prepared and adopted for a Project. I. [§ 209] Negative Declaration Negative Declaration means a written statement prepared by the Agency that finds that a proposed amendment to a Redevelop- ment 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. J. [§ 2101 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. K. [§ 2111 Notice of Preparation Notice of Preparation means a brief notice sent by the Agency by certified mail to notify the Responsible Agencies that the Agency plans to prepare an EIR. The purpose of the Notice is to solicit guidance from Responsible Agencies as to the scope and content of the environmental information to be included in the EIR. L. [§ 2121 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. M. [§ 2131 Notice of Determination 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. - 3- EXHIBIT.......... A ........... .. PG.... !.......OF...S..I .... 5 N. [§ 2141 Jurisdictio by Law Jurisdiction by law means the authority of any public agency (1) to grant a permit or other entitlement for use, (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 having primary jurisdiction over the areas involved 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. Where an area having jurisdiction by law must exercise discretionary O. [§ 2151 Feasible Feasible means capable of being accomplished in a success- ful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. P. [§ 2161 Responsible Agency Responsible Agency means a public agency which proposes to approve a Project or implementing activity for which the Agency has prepared environmental documents. It includes all public agencies other than the lead agency which have discretionary ap- proval power over the Project or implementing activity. Q. [§ 217] Notice of Exemption Notice of Exemption means a brief notice which may be filed by the Agency when it has approved or determined to carry out a Plan implementing activity, and it has determined that it is categorically exempt. EXHIBIT ......... A ........:..... -4- PG...... �....__CF._..✓�... III. [5 3001 EVALUATION OF Sl 'NTFICANT ADVERSE; EFFECT OF PROJECT ON ENVI 1 %.()NMENT A. [5 3011 Criteria fo 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 fol- lowing guidelines: 1. If it is anticipated that there is or may be • substantial body of opinion that considers • 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 environ- mental effect of the Project, Agency staff shall consider both primary and secondary con- sequences. Primary consequences are immedi- ately 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 (in- cluding 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 normal- ly have significant effect on the environment in connection 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 clemonstrable 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 re- lating to solid waste or litter control; -5- EXHIBIT ........ (1 ................ PG ...... c1 _ ...... ®E.. ..... 5 (e) The Project will cause substantial inter- ference 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 arch- aeological site over 200 years old, an his- toric 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 traf- fic 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; (n) The Project will encourage activities which result in the use of large amounts of fuel, water or energy; (o) The Project will use fuel, water or energy in a wasteful manner; (p) The Project will increase substantially the ambient noise levels for adjoining areas; (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 capacity to serve new development; (t) The Project will substantially diminish habi- tat for fish, wildlife or plants; V/\ IBIT..........A .... .....i.1� PG. - - - - -. ------- 0F...,.�,�..... (u) The Project will disrupt or divide the phy- sical arrangement of an established com- munity; (v) The Project will create a public health hazard or a potential public health hazard; (w) The Project will conflict with established recreational, 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. 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 re- duce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop be- low self sustaining levels, threaten to elimi- nate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered 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 considerable. As used in the subsection, "cumu- latively considerable" 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 pro- jects, and the effects of probable future projects. 4. The environmental effects of the Project will cause substantial adverse effects on human be- ings, either directly or indirectly. E;;N [ s lT ......... A............. IV. [§ 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF EIR FOR NEW REDEVELOPMENT PROJECTS A. [§ 401) 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 Notice of Preparation and Early Consultation on Draft EIR Prior to commencement of work the Agency shall send to each Responsible Agency by certified mail a Notice of Preparation stating that a Draft EIR will be prepared. The Notice of Prepara- tion shall provide the Responsible Agencies with sufficient information describing the Project and the environmental effects to enable the Responsible Agencies to make a meaningful response. At a minimum the information should include: (1) A description of the Project;. (2) The location of the Project; and (3) The probable environmental effects of the Project. A form for this Notice is attached as Appendix D. As soon as possible, but no longer than 45 days after receipt of a Notice of Preparation from the Agency, the Responsible Agency shall send a written reply by certified mail. The reply shall specify the scope and content of the environmental information which would be germane to the Responsible Agency's statutory re- sponsibilities in connection with the proposed Project. The Agency shall include this information in the EIR. In order to expedite the consultation, the Agency or a Re- sponsible Agency may request one or more meetings between repre- sentatives of the agencies involved to assist the Agency in de- termining the scope and content of the environmental information which the Responsible Agency may require. Such meetings shall be convened by the Agency as soon as possible, but no later than 30 . days, after the meetings were requested. 2. [§ 4041 Preparation of Draft EIR The Agency may begin work on the Draft EIR immediately with- out awaiting responses to the Notice of Preparation. The Draft EIR in preparation may need to be revised or expanded to conform to responses to the Notice of Preparation. EXHvw...:.. �. -8- PG ...... Y The 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 600 through 616. 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. 3. [§ 4051 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 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. 4. [S 4061 Public Notice 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 Responsible Agencies, 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 contiguous to the Project area. EXH1B1 +..........A ..............- -9- EG ....... 2 ....... 0F..X3 .... .. 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 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 of person has no comment to make. 5. [5 4071 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. Where 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. Draft EIRs for Projects of statewide, regional or areawide significance shall be submitted to the State Clearinghouse and should be submitted also to the appropriate metropolitan area council of governments for review and comment. Projects are deemed to be of statewide, regional or areawide significance if: (1) The Project would interfere with the attainment or maintenance of State or national air quality standards including: (a) A proposed residential development of more than 500 dwelling units. (b) A proposed shopping center or business es- tablishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space. EXNaBIT........- - •---- - - - - -- PG.-.. -!.O _10— Q-- - - - - - C ._...,...... (c) A proposed commercial office building employ- ing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. (d) A proposed hotel /motel development of more than 500 rooms. (e) A proposed industrial manufacturing or pro- cessing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. (2) The Project would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres. (3) The Project would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres. (4) The Project is located in and substantially impacts on an area of critical environmental sensitivity for which an EIR_was prepared including: (a) The Lake Tahoe Basin. (b) The Santa Monica Mountains Zone as defined by Section 67463 of the Government Code. (c) The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the Public Resources Code. (d) An area within 1/4 mile of a wild and scenic river as defined by Section 5093.50 of the Public Resources Code. (e) The Sacramento -San Joaquin Delta, as defined in Water Code Section 12220. (f) The Suisun Marsh as defined in Public Re- sources Code Section 29101. (5) The Project would substantially affect sensitive wildlife habitats including but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for rare and endangered species as defined by Fish and Game Code Section 903. EXHlS T........A ....... . .......� -11- PG ..... 1 1 - - - - - -- --- -- -- ...� (6) The Project would interfere with attainment of regional water quality standards as stated in the approved areawide waste water manage- ment plan. 6. [§ 4081 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 Council. If a separate hearing is held on the EIR, the Agency shall publish Notice at least once not less than 15 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. 7. [S 4091 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. EXH , sm_._- ...... A PG..._ . -12- - . -- .- - -.- 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. Where an advisory body is required to make a recommendation on a Project, the advisory body shall also review and consider the EIR or Negative Declaration. 8. [� 4101 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 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 identified feasible mitigation measures or alternatives. 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. Ei��7i��_ ...... J J_..- °-- --....s -13- PG-11 ....... O ..Z,3...... 9. [y. 411] Statement of Overriding Considerations If the Agency, City Council or other Responsible Agency in approving the Project allows the occurrence of significant effects identified in the Final EIR without mitigation, the Agency, City Council or other Responsible Agency shall state in writing the reasons to support its action based on the Final EIR and other information in the record. Any such statement shall be included in the record of the Project approval and mentioned in the Notice of Determination. 10. [S 412.] 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; (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. (6) Reference to the Statement of Overriding Con- siderations included in the Project record. If the Project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Secretary for Resources. A form for this Notice is attached as Appendix B. The filing of the Notice of Determination starts a 30 -day statute of limitations on court challenges to the Final EIR under CEQA. EXHIBIT .. 4 ...... /`1....._..... -14 - Fea...._L ..... - -- �..... V. [S 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF NEGATIVE DECLARATIONS, SUBSEQUENT EIRS OR SUPPLEMENTS TO EIRS A. [g 501] Initial Stud If the Agency proposes to amend a Plan, execute or ap- prove any contracts for site improvement, 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 addi- tional 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; (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 Supplement to the EIR shall be prepared. Prior to making any such deter- mination the Agency shall consult with all Responsible Agencies. Such consultation may be done quickly and informally. (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. EXHIBIT .......... /QI - ----- C'--- ..�... -15- (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 considered, 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 pre-' vious EIR, then the Agency and /or the City Council shall make findings and determinations as pre- scribed in Section 520 hereof. A sample project description and environmental review checklist from which meets the requirements for an Initial Study is attached hereto as Appendix C, and may be used by the Agency. B. [§ 3021 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 activities 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 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. When the Agency determines that a Plan implementing activity is exempt from the requirements of CEQA because it is catego- rically exempt, and the Agency approves or determines to carry out the activity, it may file a Notice of Exemption. Such a Notice shall include: (1) A brief description of the activity. (2) A finding that the activity is exempt, including a citation to the State Regulations section under which it is found to be exempt. (3) A brief statement of reasons to support the findings. EXHIBIT ......... .["l. -- ............ PG. - - - 1- ........CF....,"......� -16- The Notice of Exemption will be filed with the County Clerk. A form for this Notice is attached as Appendix E.. 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 private structures, facilities, mechanical equipment, or topographical 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 publicly 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 were 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; EXi.IBITi ----- ....rl ............... -17- (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 existina 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 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 including but not limited to: -18- EXHIBIT ......... . .............. (a) Single family residences not in conjunction with the building of two or more such units; (b) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures; (c) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures; (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction; (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 neglible 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; (b) Issuance of minor encroachment permits. -19- EXHIBIT....., .........:....a PG....L? ....... or ......Q ....� 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 25% or five classrooms, whichever 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 proposed to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. C. 5031 Procedures for Preparation and Adoption of Negative Declarations 1. [ §5041 Conte 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 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 EXHi s1T'.........A--- - - -:.. ...: —20— PG..A 4 .........0 ...v 3......, 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 Responsible Agencies and other public agencies involved in approving or carrying out the Project. This consultation may take place during the public review period. Where a Responsible Agency disagrees.with the Agency's proposal to prepare a Negative Declaration for a proposed Action, the Responsible Agency shall identify the significant environ- mental effects which it believes could result from the proposal and recommend either that an EIR be prepared or that the Project be modified to eliminate the significant effects. 2. [5 5051 Filing of Negative Declaration Notice and Public Review The Executive Director is authorized to 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 Responsible Agencies 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 or metropolitan area council as provided in Section 407 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 below. The time period within which public agencies and members of the public must review and comment on the Negative Declara- tion 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. CXII I LIT.........'............... PG...,.2 ....... G;'... E3.....0 --)I - 3. [§ 5061 Public Hearin A public hearing is not required on a Negative Declaration. However, any notice of public hearing on a proposed amendment 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 15 days prior to the public hearing and shall refer to the finding of the Negative Declaration and availability of the Negative Declaration. If the public hearing on the Negative Declaration is to be held in conjunction with the public hearing on the proposed 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 Agency Board and City Council Actions The finding of the Negative Declaration shall be approved or disapproved by the Agency Board prior to any City Council 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 Declaration, 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 amendment 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 reviewed and considered the information contained in the Negative Declaration or EIR. 5. [5 508] Notice of Determination After Agency Board approval of the finding of the Negative Declaration and City Council and /or Agency action on the proposed Plan amendment or implementation activity, a Notice EXH 3 E tT......../.. ................ -22- of Determination shall be filed with the County Clerk. If the action requires discretionary approval from a state agency, the Notice of Determination also shall be filed with the Secretary of Resources. The Notice of Determination shall include: (1) the decision of the City Council ar.d /or Agency to 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 statement that no Subsequent EIR or Supplement to EIR has been prepared; and (4) the address where a copy of the Negative Declaration may be examined. The filing of the Notice of Determination with the County Clerk starts a 30 days statute of limitations on court challenges to the approval under CEQA. D. 5091 Procedures for Preparation and Adoption of Subsequent EIRS 1. [§ 510] When to Prepare Subsequent EIR Where an EIR has been prepared and certified or a Negative Declaration adopted, a Subsequent 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 involve- ment of new environmental impacts not considered in the previous 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 location of a major development or substantial deterioration in the air quality where the Project is located, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in the previous EIR; or (3) New information of substantial importance to the Project becomes available, and the infor- mation was not known and could not have been known at the time the EIR was certified as complete or the Negative Declaration was adopted, and the new information shows any of the following: -23- c3 1T ---------- A - -. - RG..A1?. J ......Q�= ..�3.....: (a) The Project will have one or more significant effects not discussed previously in the EIR, (b) Significant effects previously examined will be more severe than shown in the EIR, (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, or (d) Mitigation measures or alternatives which were not previously considered in the EIR would substantially lessen one or more significant effects on the environment. 2. [g 5111 Preparation of Draft Subsequent EIR For Plan Amendment A Draft Subsequent EIR shall be prepared by the Agency for a proposed amendment to the Plan, where required pursuant to Sections 501 and 510. Before commencing work on and comple- tion of the Draft EIR, the Agency.shall send a Notice of Preparation to all Responsible Agencies and shall receive information from and consult with all Responsible Agencies and other public agencies, persons or organizations it believes will be concerned with the environmental effects of the Project within the times and in the manner provided in Sections 403 -407. If required pursuant to Section 501, the Draft EIR shall be prepared by the Agency staff prior to any public hearing on the proposed amendment. If required pursuant to Section 507, the Draft EIR shall be prepared by the Agency staff as soon as possible following Agency Board disapproval of the finding of the Negative Declaration. In either case, the Draft EIR shall be part of the report and recommendations on the proposed amendment to the Plan required to be submitted by the Agency to the City Council. The Draft EIR shall be written in accordance with the criteria set forth in Sections 301 and 302 and shall contain the information specified in Sections 600 through 616. The procedure for the preparation and adoption of the Draft EIR is set forth below. a. [5 5121 Notice of Completion As soon as the Draft EIR is completed, but not less than 30 days prior to a public hearing or continued public hearing on the proposed amendment to the Plan, the Agency staff shall --)„- EXH,ma ........ - -- PO.._2_.J( .... ....OF . .W5-- +� - ---- file a Notice of Completion with the Secretary of the Resources Agency of the State. Where the EIR will be reviewed through the State review process 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. b. [§ 5131 Public Notice and Review The Agency staff shall transmit copies of the Draft EIR to and consult with agencies and persons, and shall provide public notice of completion of the Draft EIR in the manner provided in Sections 406 and 407. C. [§ 514] Public Hearing The agency shall consider the Draft Subsequent EIR and all comments received thereon and responses by the Agency thereto at a public hearing. Any hearing or continued hearing pursuant to Section 507 on the proposed amendment to the Plan, which may be a joint public hearing on the proposed amendment to the Plan shall refer to the availability of the Draft EIR and the public hearing to be held on the Draft EIR. If a separate public hearing is held on the Draft EIR, the Notice of Public Hearing shall be published at least once not less than 15 days prior to the public hearing and shall refer to the availability of the Draft EIR. 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 com- pliance 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 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. EXH OT .............�,. -25- M.. 92,4 ... -OF ..5 ...... 4. (S 5161 Findi by the Agency and the City Council Re Significant Effects of a Plan Amendment and Statements of Overriding Consideration 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 significant 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 respon- sibility 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 mitiga- tion 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. If the Agency, City Council or other Responsible Agency in approving the Project allows the occurrence of significant effects identified in the Final EIR without mitigation, the Agency, City Council or other Responsible Agency shall state in writing the reasons to support its action based on the Final EIR and other information in the record. Any such Statement shall be included in the record of the Project approval and mentioned in the Notice of Determination. 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 412. The contents of the Notice of Determination shall be as prescribed in said Section 412. The filing of the Notice of Determination starts a 30 day statute of limitations on court challenges to the Final Subsequent EIR under CEQA. EXHIBIT ........ A . ............ -26- Ica..._ 2 .......OF._., , ..... 6. [5 5181 Subse EIRs for Substantial Chanqes in Plan Implementation If the Agency proposes to execute or approve any contracts for site improvement, disposition and development agreements, 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 sub- stantial changes in the environmental impacts which were not anticipated and covered in a previous EIR, a Subsequent EIR shall be prepared pursuant to the provisions and procedures set forth in Section 510 -517 hereof for Plan Amendments. E. [5 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, disposi- tion and development agreements,'participation agreements 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 not previously considered, regarding such impacts, mitigation measures or reasonable alternatives, 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 Sections 509 -518 hereof for the preparation and adoption of subsequent EIRs. F. [5 5201 Procedures Where No Negative Declaration Subsequent EIR or Supplement to EIR is Required for Plan Implementation Activities If the Agency proposes to execute or approve any contracts 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: EXHIBIT ....•- A.. - - -.. - . - - --� .....:, -27- PG.... AR .7 ....® ....J 3.....; (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 environmental impacts not covered in said previous Environmental Impact Report. (2) No Subsequent or Supplement to EIR is neces- sary or required; and (3) The proposed action will have no significant effect 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 pro- vided in Section 412. The contents of the Notice of Determi- nation shall include the provisions of said Section 412 and the above findings and determinations. -28- EXF=EflT ......... A .......... v'' VI. [§ 6001 CONTENTS OF EIR A. LS 6011 Draft EIR The Draft EIR for a Project shall contain the following elements: 1. Introduction 2. Summary of Proposed Project and its Consequences 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 Mini- mize 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 Involy- ed 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 -29- E ! T ......... A--------- 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 dis- missed 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. [S 6021 Introduction The introduction to the EIR shall contain background data on the Project and the EIR, including statements explaining why the Agency is the lead agency, that the EIR is a part of the Agency's Report to the City Council on the proposed Redevelop- ment Plan in accordance with Section 33352 of the California Health and Safety Code, and that the EIR may be only the first of many environmental reviews that will occur during implementa- tion of the Project. 2. 6031 Summary of the Proposed Project and its Consequences The summary of the proposed Project and its consequences is a summary of the EIR itself and is intended to give an over- view of the Project and the redevelopment process so that sub- sequent sections of the EIR are readily understood by the reader. This section should include a brief summary of the existing Project area, the land uses and other restrictions that are pro- posed for the area by the Plan, the types of redevelopment actions that may be employed in carrying out the Project, the development that could occur within the Project area (including rehabilitation, if any), and the environmental consequences of these actions and developments. 3. [5 6041 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. EXH1131T .... .. .... tA ..... -- ..,, _30- PG...� 3 ------ OF...,5�. :... (c) A general description of the Project's techni- cal, social, economic, and environmental charac- teristics, 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. 4. L§ 6051 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 environ- mental setting described in the EIR may include existing ener- gy supplies and energy use patterns in the region and locality. 5. B 6061 Environmental Impact All phases of the Project must be considered when evaluat- ing its impact on the environment: planning, acquisition, re- location, demolition and site clearance, construction of pub- lic improvements, development, and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. a. t5 6071 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. EXHIBIT ....... A .............. " -31- PG....J f ......OE...f..3 ....« It should include relevant specifics of the area, the re- sources involved, physical changes, alterations to ecological systems and changes induced in population distribution, popu- lation 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. The environmental impacts may include a description of: (1) The Project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the Project's life cycle including construction, operation, maintenance and /or removal. If appropriate, the energy intensiveness of materials may be discussed. (2) The effects of the Project on local and regional energy supplies and on require- ments 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. 6081 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, ineffi- cient and unnecessary consumption of energy during the project construction, operation, maintenance and /or removal that can- not be feasibly mitigated. E"! 1. lT .......... A .............. -32- E�.. A.----- C.f--- S2...... C. B 6091 Mitigation Measures Proposed to Minimize the Significant Effects Describe significant, avoidable, adverse impacts, including inefficient and unnecessary consumption of energy and water, and the measures to minimize these impacts. The discussion of miti- gation 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 acceptable 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. Ener- gy conservation measures, as well as other appropriate mitiga- tion measures, shall be discussed when relevant. Such measures may include: (1) Potential measures to reduce wasteful, ineffi- cient and unnecessary consumption of energy during construction, operation, maintenance and /or removal. The discussion should explain why certain measures were incorporated in the Project and why other measures were dismissed. (2) The potential of siting, orientation, and design to minimize energy consumption. (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. [§ 6101 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 alter- natives 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 unnecessary consumption of energy. EXH.'2JZT. ........ A.......... e. [§ 6111 The Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhancement of Long -Term Productivity Describe the cumulative and long -term effects of the 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. [§ 6121 A ny Significant Irreversible Environmental C anges Which Would be Involved in the Plan Should i.t 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. 9. [§ 61.31 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 -?4- MA' CIT.........�1............ T �._. .... CF ..,.5..... .: 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 facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. Growth inducing effects may include the estimated energy consumption of growth induced by the Project. 6. [5 6141 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. 7. [5 6151 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. 8. [5 6161 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. [5 6171 Final EIR for A Project The Final EIR shall consist bf: (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; "'IT .......... A............ -35- (3) A list of persons, organizations and public agencies commenting on the Draft EIR; (4) The response of the Agency to any significant environ- mental 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 antici- pated impacts or objections. In particular, the major issues raised when the Agency's position is at variance with recommend- ations 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. B 7001 FEDERAL PROJECTS When an EIR is required by CEQA and these Procedures 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 "), all or any part of the EIS may be used as all or any part of the EIR if the EIS or part used complies with these Procedures. In cases where a 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 discus- sion of these elements. When a Project or Plan implementation activity requires both an EIR and an EIS, the Agency shall whenever possible, use the EIS as the EIR. If the Agency finds that an EIS for a Project or Plan imple- mentation activity would not be prepared by the Federal agency by the time when the Agency will need to consider an EIR, the Agency should try to prepare a combined EIR -EIS. To avoid the need for the Federal agency to prepare a separate document for the same action, the Agency must involve the Federal agency in the preparation of the EIR -EIS. This involvement is necessary because Federal law generally prohibits a Federal agency from using an EIR prepared by a State or local agency unless the Federal agency was involved in the preparation of the document. When it plans to use an EIS or prepare a joint EIR - EIS, the Agency shall consult as soon as possible with the Federal agency that would prepare the EIR. um= .......... .. .......... ....a -36- U 4110 ......... 0 ..,��.,� ....: Where a Plan implementation activity will be subject to both CEQA and NEPA, the one year time limit and the 105 day time limit may be waived pursuant to Section 900. Where a Federal agency circulates an EIR for public review as broadly as State or local law may require, and gives notice meeting the standards of these Procedures, the Agency under CEQA need not recirculate the EIS for public review. One review and comment period is enough. The Agency shall give notice that it will use the EIS in the place of an EIR and that it believes that the EIS meets the requirements of CEQA. VIII. [§ 8001 WHEN AGENCY ACTING AS RESPONSIBLE AGENCY SHIFTS TO LEAD AGENCY Where the Agency is determined to be a Responsible Agency for an implementation activity, and is called on to grant an approval for the activity subject to CEQA for which another pub- lic agency was the appropriate Lead Agency, the Agency shall begin to act as the Lead Agency when any of the following condi- tions occur: (1) The Lead Agency did not prepare any environmental documents for the action, and the statute.of limi- tations has expired for a challenge to the action of the appropriate Lead Agency. (2) The Lead Agency prepared environmental documents for the action but the following conditions occur: (a) A Subsequent EIR is required pursuant to Section 510, (b) The Lead Agency has granted a final approval for the action, and (c) The statute of limitations for challenging the Lead Agency's action under CEQA has expired. (3) The Lead Agency prepared inadequate environmental documents without consulting with the Agency as required by these Procedures and the statute expired for a challenge to the action of the appropriate Lead Agency. «+ When the Agency assumes the duties of a Lead Agency under this Section, the time limits applicable to a Lead Agency shall apply to the actions of the Agency. -37- C : �- ;... ?� ' ........... A......... IX. (5 9001 TIME LIMITS ON AGENCY ACTIONS UNDER CEQA Where the Agency in approving a Plan implementation activity will grant a lease, license, permit, certificate, or other enti- tlement for use, if an EIR or Negative Declaration is required pursuant to these Procedures the Agency shall complete and cer- tify the EIR in not more than one year, or complete and adopt the Negative Declaration in not more than 105 days. Different time limits may be established for different types of actions subject to the 105 day and 1 year maximum time limits. The time limits shall be measured from the date on which a request for approval for the activity is received and accepted by the Agency. A reasonable extension of the time periods may be granted in the event that compelling circumstances justify additional time and all parties involved consent to the extension. The Agency may waive the one year time period or the 105 day period if all the following conditions occur: (1) The activity will require both an EIR or a Nega- tive Declaration under CEQA and an EIS or a Nega- tive Declaration under NEPA, (2) Additional time will be required to prepare a combined EIR -EIS, or a combined Negative Declara- tion under both laws, (3) The time required to prepare such a combined docu- ment would be less than the time required to pre- pare each.document separately, and (4) All parties have consented to the waiver. If the Agency waives the time periods as provided, the Agency must approve or disapprove the activity within 60 days after the com- bined document under CEQA and NEPA has been completed. Within 45 days after accepting a request for approval of an activity involving issuance of a lease, permit, license, certi- ficate, or other entitlement for use, the Agency shall make an initial determination of whether the activity will need an EIR or a Negative Declaration. i Eli I . f - �...........r.a. ......... APPENDIX A State of California The Resources Agency SECRETARY FOR RESOURCES 1416 Ninth Street, Room 1311 Sacramento, California 95814 NOTICE OF COMPLETION ro3ect Title r03ect 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 E'er -l�T ... .... -- PC-3.__"3 9 nc S'A APPENDIX B NO TICE OF DETERMINATION TO: / / County Clerk FROM: County of Los Angeles 111 North Hill Street Los Angeles, California Secretary for Resources (Agency) 1416 Ninth Street, Room 1311 (Address where copy of docu- Sacramento, California 95814 ment available for review) SUBJECT: Filing of Notice of Determination in Compliance With Sec- tion 21108 or 21152 of the Public Resources Code roject Title State Clearinghouse Number (If Submitted to State Clearinghouse) Contact Person Telephone No. Project Location roject Description This is to advise that the has made (Agency) the following determinations regarding the above described project: 1. The project has been / % approved, / disapproved, by the City Council. 2. The project /_7 will, /_7 will not, have a significant effect on the environment. 3. / % An Environmental Impact Report was prepared for this Pro- _ ject 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 pur- suant to the provisions of CEQA. 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, there- fore no Subsequent EIR, Supplement to EIR or Negative De- claration is required. 4. A Statement of Overriding Considerations /_7 was, / was not, adopted for this Project. Date Received for Filing: gnature Tit Reference: California Administrative Code, Title 14, Sections 15035, 15083 (f) , 15083(h), 15085(i) i� � tJ 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 O F 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. RG..--- l - - - - -- r---- =3.... 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. ENVIRONMEN 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. 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: 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 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 a air quality? - 4 - EMS -'!r1T_.---- ..../.7........... YES MAYBE NO 1,. The creation of objectionablc o(jors? C. Alteration of air movement, moisture or temperature, or an,, chanE;c in climate, either locally or regionally? j. later. ;,`ill tie proposal vc ^uit in: a. C- Linces in currents, or the cc)urse or direction of rater movements, in f : uher riari.ne or fresh v ater � . C- ;anL,cs 1.rn a b o r 1)tion r _: tc. , urainap" ;pattcr'sn, or the fate anu amount of zurface v;atcr runc,'f C. Alterations Lo the course or `] of flood d. ChanLc in the amount of surface •:rat ir, any watcr into surface: :at;cr::, or -in; alteration of ;-urfure ;:ater incl l;dilic hut, not l i.ri tcU to temperature, dissolved oxygen or t!ai-,,i(Iit; 1'. i,ltcrat.ior; of ti dtr,_cI ion or rate of flow of ground waters? Chan [ in the quantity of gound r „aters, either thvout;ii direct addition or ;�ithdra.als, or throuCh interception oi' an aquifer by cuts or c cavat i on::.' - 5 - EX!-" _----- ....1:5.......... .M h. Substantial reduction in the amount of water otherwise available for public water supplies? 1. Exposure of people or property to water related hazards such as flooding or tidal. waves? 4. Plant Life. Will the proposal result Ti - a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? YES MA YBE NO 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 L ife. Will the proposal resu n: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, or insects)? 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`' - 6 - EXHIBIT ........... ........ «.., M.A.. ...... Cf..a.,3 t 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. 111111 the proposal produce new light or glare'? 8. fa U-e. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. ?Natural Resources. Will the proposa 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 Ups Does the proposal involve -a rj.:lc of an explosion or the release of hazardous substances (inr1 udin ,, but not limited to, oil, pesticides, chemicats or radiation) In the event of an accident or upset conditions:' 11. Popu Will the proposal alter the location, distribution, density, or frrooth rate of the human popu- lation of arl area? 12. Hou ^inE�_ Vill the proposal affect exi�nlr ho!iclnl;, or create a demand for additional housing'? 13. Tr anspor tati on; Circulation. 'gill the proposal result in: a. Generation of substantial addi- tional vehicular movement'? 7 - EXHIBIT.......... - -- F 7 _ - -- -- a5�3...... 14. 15. YES MA YBE NO b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal ave an e e3�`� upon, or result in a need for new or altered govern- mental services In any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facili- ties, including roads? f. Other governmental services? E Will the Proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? i YES fUMLA : T10 16. Utilities. gill the proposal result in a need for new s y st ,ms, or substantial alteratior;s to the following utilities: a. Power or natural gas? b. Communications systems? C. Water? d. Sewer or septic tanks? e. Storm water drainage'? f. Solid waste and disposal? 17. Huma Heal Will the proposal resu�n: a. Creation of any health hazard or potential health hazard (excluding mental health)'? b. Exposure of people to potential health hazards'? lam. AestAhetics. '.Fill the propo.Eal result in the obstruction of air ; - scenic vista or vie open to the pl.ib7 ic, or will the propo al 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. Ar'chcoloErical /fiistoriea.l 1 the pr'Opo -a_1 result in an �Jltcratlon of a tiif;niflcant acchcclof;ical or 111 : -tor_iral --itc, :-tructul�c, object or build] -nf;? — 9 — E % 3 4 v;T.........A. o FG...y, .... . , ....: 21. Mandatory Findings of Significance. 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 - YES MAYBE NO EX H M I T_........... . - - - -• - P ..�_�----- ._CCF... ...... t Ll VII. DETERMINA (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 TEGATIVE DE- CLARATION will be prepared. I find that although the proposed action COULD riAVE a significant effect on the environment, there vJILL 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 - . ........ A ............... * APPENDIX D NOTICE OF PREPARATION TO: FROM: (Responsible Agency) (Agency SUBJECT: NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT will be the Lead Agency and will prepare an Environmental Impact Report for the Project iden- tified below We need to know the views of your agency as to the scope and content of the environmental information which is ger- mane to your Agency's statutory responsibilities in connection with the proposed Project. Your Agency will need to use the EIR prepared by our Agency when considering your permit or other ap- proval for the Project. The Project description, location, and the probable environ- mental effects are contained in the attached materials. A copy of the Initial Study / is, / is not, attached. Due to the tinge limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this Notice. Please send your response to at the address shown above. We will need the name for a contact person in your Agency. PROJECT TITLE: DATE Signature Title Telephone Reference: California Administrative Code, Title 14, Sections 15035.7, 15054.3, 15066. EX H IESIT .......... .........._....� c � s APPENDIX E NOT ICE OF EXEMPTION TO: /_7 County Clerk County of Project Title Project Location - Specific Project Location - City FROM: Project Location - -County Description of Nature, Purpose and Beneficiaries of Project Imple- mentation Action Name of Public Agency Approving Project Implementation Action Name of Person or Agency Carrying Out Project Implementation Action Exempt Status: Categorical Exemption (State Type and Section Number) Reasons Why Project Implementation Action is Exempt: Date Received for Filing: Signature Title EXHI ........