ARA1984-010RESOLUTION NO. ARA 84- 10
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE
�. CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE
STATE CEQA GUIDELINES.
WHEREAS, the California Environmental Quality Act
( "CEQA ") (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 preparation
of such environmental documents pursuant to the CEQA.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim
Redevelopment Agency that:
1. The "Procedures for Implementation of the California
Environmental Quality Act and the State CEQA Guidelines dated
February, 1984 (consisting of 54 pages and appendices A through
F), incorporated herein by this reference, are hereby adopted.
2. The Secretary is hereby authorized and directed to affix
her signature to said procedures as adopted.
3. The Secretary is hereby authorized and directed to file
and make available for public inspection the procedures as adopted.
4. Any procedure not expressly set forth in said Procedures
but deemed necessary and convenient to carry out any of the
purposes of the California Environmental Quality Act, or the
purposes of the Guidelines adopted by the California Resources
Agency, or the purpose of these Procedures is hereby authorized.
5. All procedures heretofore adopted for the implementation
of the California Environmental Quality Act and the State CEQA
Guidelines are hereby superseded and replaced by these Procedures.
THE FOREGOING RESOLUTION is approved and adopted by the
Anaheim Redevelopment Agency this 20th day of 1984.
° CHAIRMAN
ANAHEIM REDEVELOPMENT AGENCY
ATTEST:
SECRETARY
ANAHEIM REDEVELOPMENT AGENCY
MES:fm
2096M
2/10/84
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. ARA84 -10 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the 20th day of
March, 1984, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
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 March, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of
March, 1984.
SECRETARY OF THE ANAHEIM--REDEVELOPMENT AGENCY
(SEAL)
ANAHEIM REDEVELOPMENT AGENCY
ANAHEIM, CALIFORNIA
PROCEDURES FOR IMPLEMENTATION OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AND THE STATE CEQA GUIDELINES
FEBRUARY, 1984
I.
H.
-i-
TABLE OF CONTENTS
PAGE
[ § 1001 GENERAL
1
(S 1011
Purpose
1
[ § 1021
Lead Agency
1
[ § 1031
Redevelopment Project Is a Single Project
1
[ § 1041
Authority
1
[ § 2001 DEFINITIONS
2
[ § 2011
Agency
2
[ §'2021
Approval
2
[ § 2031
Project
2
[ § 2041
Public Agency
2
[ § 2051
Decision - Making Body
2
[ § 2061
Discretionary Action
2
[ § 2071
Effects and Impacts
2
[ § 2081
Emergency
3
[ § 2091
Environment
3
J § 2101
Environmental Documents
3
[ § 2111
Environmental Impact Report (EIR)
3
[ § 2121
Enviromental Impact Statement (EIS)
3
[ § 2131
Feasible
4
[ § 2141
Initial Study
4
[ § 2151
Subsequent EIR
4
[ § 2161
Negative Declaration
4
[ § 2171
Supplement to EIR
4
[ § 2181
Addendum to EIR
4
[ § 2191
Program EIR
4
( § 2201
Notice of Preparation
5
[ § 2211
Notice of Completion
5
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PAGE
MA
IV.
(S 2221 Notice of Determination
5
[ § 2231 Notice of Exemption
5
(§ 2241 Significant Effect on the Environment
5
(S 2251 Statutory Exemption or Categorical Exemption
5
[ § 2261 Cumulative Impacts
6
[ § 2271 Mitigation
6
[ § 2281 Jurisdiction by Law
6
[ § 2291 Responsible Agency
6
(S 2301 Trustee Agency
6
[ § 2311 State Agency
7
[ § 2321 Person
7
( § 2331 Urbanized Area
7
[ § 2341 Substantial Evidence
7
[ § 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF
7
PROJECT ON ENVIRONMENT
( § 3011 Criteria for Determining Significant Adverse
7
Environmental Effects
[ § 3021 Mandatory Findings of Significance
10
[ 9 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF
10
EIRS FOR NEW REDEVELOPMENT PROJECTS
[ § 4011 General
10
[ § 4021 Determination of Scope of EIR
11
(5402.11 Notice of Preparation
11
[ § 402.21 State Clearinghouse
11
[ § 402.31 Response to Notice of Preparation
11
[ § 402.41 Meetings
12
[ § 402.51 Early Public Consultation
12
( § 4031 Preparation of Draft EIR
12
[ § 4041 Notice of Completion
13
-ii-
PAGE
V.
[S 4051 Consultation Concerning Draft EIR
[ § 4061 Public Notice and Review of Draft EIR
[S 4071 Review by State Agencies
[ § 407.11 Submission
[ § 407.21 Projects of Statewide, Regional or Areawide
Significance
[ § 4081 Public Hearing
[ § 4091 Evaluation of and Response to Comments
[ § 4101 Final EIR.
[ § 410.11 Preparation of Final EIR.
[ § 410.21 Certification of Final EIR.
[ § 4111 Findings by the Agency and the City Council Re
Significant Effects of Plan
[ § 4121 Statement of Overriding Considerations
[ § 4131 Approval of Project
[ § 4141 Notice of Determination
[ § 4151 Disposition of Final EIR
[ § 4161 Delegation of Responsibilities
[ § 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF
NEGATIVE DECLARATIONS, SUBSEQUENT EIRS,
SUPPLEMENTS TO EIRS OR ADDENDA TO EIRS
[ § 5011 Exemptions From CEQA
[ § 501.11 Determination of Exemption
[ § 501.21 Notice of Exemption
[ § 5021 Initial Study
[ § 502.11 Contents of Initial Study
[ § 502.21 Purpose of Initial Study
[ § 502.31 Submission of Data
[ § 502.41 Format
13
13
14
14
15
16
17
17
17
17
18
18
18
19
20
20
21
21
21
21
21
21
22
22
22
-iii-
[§ 502.51
Results of Initial Study
[ § 5031
Procedures for Preparation and Adoption of Negative
Declarations
[S 503.11 Decision to Prepare Negative Declaration
[ § 503.21
Contents of Negative Declaration
[ § 503.31
Public Notice
[ § 503.41
Public Review of Negative Declaration
[ § 503.51
Public Hearing
[ § 503.61
Agency Board and City Council Consideration and
Approval of Negative Declaration
[ § 503.71
Notice of Determination
[ § 5041 Procedures for Preparation and Adoption of Subsequent
EIRs
[ § 504.11
When to Prepare Subsequent EIR
[ § 504.21
Preparation of Draft Subsequent EIR For Plan
Amendment
[ § 504.31
Notice of Completion
[ § 504.41
Public Notice and Review
[ § 504.51
Public Hearing
[ § 504.61
Preparation and Approval of Final Subsequent EIR
for Plan Amendment
[ § 504.71
Findings by the Agency and the City Council Re
Significant Effects of a Plan Amendment and
Statements of Overriding Considerations
[ § 504.81
Notice of Determination
[ § 504.91
Subsequent EIRs for Substantial Changes in Plan
Implementation
[ 5051 Procedures for Preparation and Adoption of Supplements to
EIRs
L § 5061 Procedures for Preparation and Adoption of Addenda to EIRs
[ S 5071 Procedures Where No Negative Declaration, Subsequent EIR,
Supplement to EIR or Addendum to EIR is Required for Plan
Amendments or Implementation Activities
PAGE
23
23
23
24
24
24
24
25
25
26
26
26
27
27
27
27
28
28
29
29
29
30
-iv-
PAGE
VI. [ S 6001 CONTENTS OF EIRS
30
[ S 6011 General
30
[ 5 602] Contents of Draft EIR
31
[ § 602.11 Table of Contents or Index
32
[ 5 602.21 Introduction
32
[ § 602.31 Summary of the Proposed Project and its Consequences
32
[ 5 602.41 Description of Project
32
[ § 602.51 Description of Environmental Setting
33
[ S 602.61 Environmental Impact
33
[ 5 602.6.a] The Significant Environmental Effects of the
33
Project
[ 5 602.6.b] Any Significant Environmental Effects Which
34
Cannot be Avoided If the Plan is Adopted
[ 5 602.6.cI Mitigation Measures Proposed to Minimize
34
the Significant Effects
[ S 602.6.d] Alternatives to the Project
35
[ 5 602.6.e] The Relationship Between Local Short -Term
35
Uses of Man's Environment and the Maintenance
and Enhancement of Long -Term Productivity
[ S 602.6.f ] Any Significant Irreversible Environmental
36
Changes Which Would be Involved in the Plan
Should it be Adopted
[ S 602.6.g] The Growth- Inducing Impact of the Plan
36
[ 5 602.6.h] Effects Found Not To Be Significant
37
[ S 602.6.i] Organizations and Persons Consulted
37
[ 5 6031 Cumulative Impacts
37
[ S 6041 Economic and Social Effects
37
[ S 6051 Contents of Final EIR. for a Project
38
VII. [ § 7001 USE OF AN EIR FROM AN EARLIER PROJECT
39
VIII. [ § 8001 EXEMPTIONS FROM CEQA
40
-v-
PAGE
IX.
[ S 8011 Statutory Exemption - Emergency Projects
40
[ S 8021 Categorical Exemptions
40
[ 802.11
Declaration of Exemption
40
[ S 80221
Exceptions to Exemptions
40
[ S 802.31
Revisions to List of Categorical Exemptions
41
[ S 802.41
Application by Agency
41
(S 802.51
Class 1 - Existing Facilities
41
[ S 802.61
Class 2 - Replacement or Reconstruction
42
[ S 802.71
Class 3 - New Construction or Conversion of Small
43
Structures
(S 802.81
Class 4 - Minor Alterations to Land
43
[ S 802.91
Class 5 - Minor Alterations in Land Use
44
Limitations
(S 802.101
Class 6 - Accessory Structures
44
[ S 802.111
Class 7 - Surplus Government Property Sales
44
[ S 802.121
Class 8 - Minor Additions to Schools
45
[ S 802.131
Class 9 - Minor Land Divisions
45
[ S 802.141
Class 10 - Transfer of Ownership of Land in Order
45
to Create Parks
[ S 802.151
Class 11 - Open Space Contracts or Easements
45
[ S 802.161
Class 12 - Normal Operations of Facilities for
46
Public Gatherings
[ S 802.171
Class 13 - Transfers of Ownership of Interest in
46
Land to Preserve Open Space
(S 802.181
Class 14 - Acquisition of Housing for Housing
46
Assistance
[ S 802.191
Class 15 - Leasing New Facilities
46
[ S 802.201
Class 16 - Cogeneration Projects at Existing
47
Facilities
[ S 9001 ARCHAEOLOGICAL IMPACTS
47
[ S 9011 Significant
Effects on Archaeological Resources
47
-vi-
PAGE
[ S 9021
Limitations on Mitigation
49
[ S 9031
Discovery of Human Remains
50
X. [ § 10001 PROJECTS ALSO SUBJECT TO NATIONAL ENVIRONMENTAL
50
POLICY ACT (NEPA)
- Notice of Exemption
[ S 10011
General
50
[S 10021
NEPA Document Ready Before CEQA Document
51
[ § 10031
Preparation of Joint Documents
52
[ S 10041
Consultation With Federal Agencies
52
[ 5 10051
Circulation of Documents
52
[ 5 10061
Joint Activities
52
[ S 10071
Where Federal Agency Will Not Cooperate
52
XI. [ 5 11001 WHEN AGENCY ACTING AS RESPONSIBLE AGENCY SHIFTS
53
TO LEAD AGENCY
XII. [ S 12001 TIME LIMITS ON AGENCY ACTION UNDER CEQA
53
[ S 12011
General
53
[ § 12021
Response to Notice of Preparation
53
[ 9 12031
Convening of Meetings
54
[ § 12041
Public Review Period
54
[ S 12051
Review By State Agencies
54
[ 5 12061
Statutes of Limitation
54
APPENDICES
Appendix A
- Notice of Preparation
Appendix B
- Notice of Completion
Appendix C
- Statutory Authority of State Departments
Appendix D
- Notice of Determination
Appendix E
- Notice of Exemption
Appendix F
- Initial Study
-vii-
PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND THE STATE CEQA GUIDELINES
STATE
GUIDELINES
SECTIONS
I. [ S 1001 GENERAL
[ § 1011 Purpose
[ S 150001 The purpose of these Procedures is to implement the California
[ S 150011 ' Environmental Quality Act ( 11 0EQA 11 ), Public Resources Code, Sections 21000 et
[ S 150021 seq., and the State CEQA Guidelines, as adopted by the Secretary for the
Resources Agency of the State of California and contained in Division 6, Title 14
of the California Administrative Code ( "Guidelines "), and to provide the
Redevelopment Agency ( "Agency ") with principles, objectives, criteria, and
procedures to be used in the adoption, amendment and implementation of
redevelopment plans ( "Plans ") as prescribed by Section 33352 of the California
Health and Safety Code, Section 21151 of the California Public Resources Code,
and the Guidelines.
[ S 1021 Lead Agency
[ 150501 In the adoption, amendment, and implementation of redevelopment plans
[ 150511 pursuant to the California Community Redevelopment Law (Health and Safety
Code, Section 33000 et seq.), the Redevelopment Agency is the "lead agency ", as
that term is defined and described in the Guidelines, and is therefore responsible
for the implementation of and compliance with the provisions of CEQA and the
Guidelines in such adoption, amendment, and implementation of redevelopment
plans.
[ 5 1031 Redevelopment Project Is a Sinzle project
[ § 151801 As prescribed by Section 21090 of the Public Resources Code and the
[ S 151681 Guidelines, all public and private activities or undertakings pursuant to or in
furtherance of a redevelopment plan ( "Plan ") shall be deemed a single project,
and shall be deemed approved at the time of adoption of the redevelopment plan
by the City Council. The Environmental Impact Report ( "EIR") in connection
with the Plan shall be submitted in accordance with Section 33352 of the Health
and Safety Code.
An EIR on a Plan shall be treated as a Program EIR with no subsequent
EIRs required for individual components of the Plan, unless a subsequent or a
supplement to an EIR would be required by these Procedures.
[ 6 1041 . Authority
[§ 150221 These Procedures have been adopted by resolution of the Agency pursuant
to Section 21082 of the California Public Resources Code and the Guidelines,
and are consistent with CEQA and the Guidelines.
-1-
II. [ 5 2001 DEFINITIONS
Whenever the following terms are used in these Procedures, unless
otherwise defined, such terms shall have the meaning ascribed to them in this
Part 200.
[ 5 2011 Agency
"Agency" means the Redevelopment Agency of the City and any agency,
staff, consultants, assignees, delegates and City departments who may be
assigned the duties and responsibilities for implementing CEQA pursuant to these
Procedures.
( 5 2021 Approval
[ S 153521 "Approval" means the decision of the Agency and /or City Council which
commits the Agency to a definite course of action in regard to a redevelopment
project and implementation activities pursuant thereto. The exact date of
approval of a redevelopment project is the date the City Council adopts an
ordinance approving the redevelopment plan therefor.
[ S 2031 Project
"Project" means a Redevelopment Project for which a redevelopment plan
has been adopted and is being carried out by the Agency pursuant to the
California Community Redevelopment Law.
[ 5 2041 Public Agency
[ § 153791 "Public Agency" includes any state agency, board, or commission and any
local or regional agency, as defined in the guidelines. It does not include the
courts of the state. This term does not include agencies of the federal
government.
[ 5 2051 Decision - Making Body
[ 5 153561 "Decision- Making Body" means any person or group of people within a
public agency permitted by law to approve or disapprove the Project or
implementation activity at issue.
[ 2061 Discretionary Action
[ 5 153571 "Discretionary action" means an action which requires the exercise of
judgment or deliberation when the Agency and /or City Council decide to approve
or disapprove a particular activity, as distinguished from situations where the
Agency or City Council merely has to determine whether there has been
conformity with applicable statutes, ordinances, or regulations.
[ S 2071 Effects and Impacts
(S 153581 "Effects" and "Impacts" as used in these Procedures are synonymous.
Effects include: (1) Direct or primary effects which are caused by the Project or
implementation activity and occur at the same time and place; and (2) Indirect
or secondary effects which are caused by the Project or implementation activity
and are later in time or farther removed in distance, but are still reasonably
IPAI
or farther removed in distance, but are still reasonably foreseeable. Indirect or
secondary effects may include growth- inducing effects and other effects related
to induced changes in the pattern of land use, population density, or growth rate,
and related effects on air and water and other natural systems, including
ecosystems. Effects analyzed under CEQA must be related to a physical change.
[ S 2081 Emergency
[ S 153591 "Emergency" means a sudden, unexpected occurrence, involving a clear and
imminent danger, demanding immediate action to prevent or mitigate loss of, or
damage to life, health, property, or essential public services. Emergency
includes such occurrences as fire, flood, earthquake, or other soil or geologic
movements, as well as such occurrences as riot, accident, or sabotage.
[ S 2091 Environment
[ 153601 "Environment" means the physical conditions which exist within the area
which will be affected by a proposed Project including land, air, water, minerals,
flora, fauna, ambient noise, and objects of historic or aesthetic significance.
The area involved shall be the area in which significant effects would occur
either directly or indirectly as a result of the Project. The environment includes
both natural and man -made conditions.
[ 5 2101 Environmental Documents
[ § 153611 "Environmental documents" mean draft and final EIRs, initial studies,
addenda to EIRs, supplements to EIRs, subsequent EIRs, negative declarations,
and documents prepared under NEPA and used by the Agency in the place of an
initial study, negative declaration, or an EIR.
[ 9 2111 Environmental Impact Report (EIR)
[ § 153621 "Environmental Impact Report" or "EIR" means a detailed • statement
prepared pursuant to these Procedures and CEQA describing and analyzing the
significant environmental effects of a Project and discussing ways to mitigate or
avoid the effects. The term "EIR" may mean either a draft or a final EIR
depending on the context.
(a) Draft EIR means an EIR containing the information specified in
Sections 602 through 604 hereof.
(b) Final EIR means an EIR, containing the information contained in
Section 605.
[ 5 2121 Environmental Impact Statement (EIS)
[ § 153631 "Environmental Impact Statement" or "EIS" means an environmental
impact document prepared pursuant to the National Environmental Policy Act
(NEPA). NEPA uses the term EIS in the place of the term EIR which is used in
CEQA.
-3-
[ § 2131 Feasible
[ § 153641 "Feasible" means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic, environmental,
legal, social, and technological factors.
[ § 2141 Initial Study
[ § 153651 "Initial Study" means a preliminary analysis of the environmental effects of
a proposed action prepared by the Agency to determine whether a Subsequent
EIR, Supplement to EIR, Addendum to EIR or a Negative Declaration must be
prepared, or to identify the significant environmental effects to be analyzed.
[ § 2151 Subsequent EIR
[ § 151621 "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, substantial changes in circumstances, or availability of new information
of substantial importance which involve environmental impacts not considered in
the original EIR which was prepared and adopted for a Project.
[ § 2161 Negative Declaration
[ § 153711 "Negative Declaration" means a written statement prepared by the Agency
which finds that a proposed amendment to a Redevelopment Plan, or proposed
Plan implementation activities will not have a significant effect on the
environment or that environmental impacts are clearly mitigated to a point
where no significant effect will occur and therefore does not require the
preparation of an EIR.
[ § 2171 Supplement to EIR
[ § 151631 "Supplement to EIR" means the preparation and adoption of additional
parts to an EIR where, 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.
[ § 2181 Addendum to EIR
[ § 151641 "Addendum to EIR" means the preparation and adoption of minor technical
changes or additions to an EIR, and such changes or additions do not raise
important new issues regarding the significant effects on the environment.
[ § 2191 Program EIR
[ 5 151681 "Program EIR" means an EIR which may be prepared on a series of actions
that can be characterized as one large project and are related either:
(1) Geographically,
(2) As logical parts in the chain of contemplated actions,
aC
(3) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or
(4) As individual activities carried out under the same authorizing
statutory or regulatory authority and having generally similar environmental
effects which can be mitigated in similar ways.
[ 5 2201 Notice of Preparation
[ 5 153751 "Notice of Preparation" means a brief notice sent by the Agency by
certified mail to notify Responsible Agencies, Trustee Agencies, involved
Federal Agencies, and other persons, organizations and entities, that the Agency
plans to prepare an EIR. The purpose of the Notice is to solicit guidance as to
the scope and content of the environmental information to be included in the
EIR.
[ 5 2211 Notice of Completion
[ 5 153721 "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.
[ 2221 Notice of Determination
[ 5 153731 "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 after the Agency approves or determines to carry out Plan
implementation activities which are subject to the requirements of CEQA.
[ 5 2231 Notice of Exemption
[ 5 153741 "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 the implementing activity is ministerial,
categorically exempt, an emergency, or subject to another exemption under
CEQA.
[ 5 2241 Significant Effect on the Environment
[ 5 153821 "Significant Effect on the Environment" means a substantial, or potentially
substantial, adverse change in any of the physical conditions within the area
affected by the Project including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance. An economic or
social change by itself shall not be considered a significant effect on the
environment. A social or economic change related to a physical change may be
considered in determining whether the physical change is significant.
[ 5 2251 Statutory Exemption and Categorical Exemption
"Statutory Exemption" means emergency Projects or implementation
activities exempted from the requirements of CEQA by the State Legislature.
-5-
[ § 153541 "Categorical Exemption" means an exemption from CEQA for a class of
implementation activities pursuant to a redevelopment project based on a finding
by the Secretary for Resources that the class of activities does not have a
significant effect on the environment.
[ 5 2261 Cumulative Impacts
[ S 153551 "Cumulative Impacts" mean two or more individual effects which, when
considered together, are considerable or which compound or increase other
environmental impacts. The individual effects may be changes resulting from a
single project or a number of separate projects. The cumulative impact from
several projects is the change in the environment which results from the
incremental impact of the project when added to other closely related past,
present, and reasonable forseeable future projects. Cumulative impacts can
result from individually minor but collectively significant projects taking place
over a period of time.
[ 2271 Mitigation
[ S 153701 "Mitigation" means and includes: (1) Avoiding the impact altogether by not
taking a certain portion or parts of an action; (2) Minimizing impacts by limiting
the degree or magnitude of the action and its implementation; (3) Rectifying the
impact by repairing, rehabilitating, or restoring the impacted environment; (4)
Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action; (5) Compensating for the impact by
replacing or providing substitute resources or environments.
[ 5 2281 Jurisdiction by Law
[ 9 153661 "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 in
question, 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 area
involved is: (1) The site of the Project; (2) The area in which major
environmental effects will occur; and /or (3) The area in which reside those
citizens most directly concerned by any such environmental affects. Where an
agency having jurisdiction by law must exercise discretionary authority over a
Project in order for the Project to proceed, it is also a Responsible Agency.
[ 5 2291 Responsible Agenc
[ S 153811 "Responsible Agency" means a public agency which proposes to carry out or
approve a Project or implementing activity for which the Agency is preparing or
has prepared environmental documents. It includes all public agencies other than
the lead agency which have discretionary approval power over the Project or
implementing activity.
[ S 2301 Trustee Agency
(S 153861 "Trustee Agency" means a state agency having jurisdiction by law over
natural resources affected by a Project which are held in trust for the people of
the State of California. Trustee agencies include: (1) The California
Department of Fish and Game with regard to the fish and wildlife of the state,
Im
to designated rare or endangered native plants, and to game refuges, ecological
reserves, and other areas administered by the department; (2) The State Lands
Commission with regard to state owned "sovereign" lands such as the beds of
navigable waters and state school lands; (3) The State Department of Parks and
Recreation with regard to units of the State Park System; (4) The University of
California with regard to sites within the Natural Land and Water Reserve
System.
[ S 2311 State Agency
[ S 153831 "State Agency" means a governmental agency in the executive branch of
the State Government or an entity which operates under the direction and
control of an agency in the executive branch of State Government -and is funded
primarily by the State Treasury.
[ S 2321 Person
[ S 153761 "Person" includes any person, firm, association, organization, partnership,
business, trust, corporation, company, district, city, county, city and county,
town, the state, and any of the agencies or political subdivisions of such entities.
[ 5 2331 Urbanized Area
[ S 153871 "Urbanized Area" means a central city or a group of contiguous cities with
a population of 50,000 or more, together with adjacent densely populated areas
having a population density of at least 1,000 persons per square mile. The
Agency shall determine whether a particular area meets the criteria in this
section either by examining the area or by referring to a map prepared by the
U.S. Bureau of the Census which designates the area as urbanized. maps of the
designated urbanized areas can be found in the California EIR Monitor of
February 7, 1979. The maps are also for sale by the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. 20402. The
maps are sold in sets only as Stock Number 0301 -3466.
[ S 2341 Substantial Evidence
[ S 153841 "Substantial Evidence" means enough relevant information and reasonable
inferences from this information that a fair argument can be made to support a
conclusion, even though other conclusions might also be reached. Whether a fair
argument can be made is to be determined by examining the entire record. Mere
uncorrobated opinion or rumor does not constitute substantial evidence. This
definition is intended to be informative and does not constitute a change in, but
is merely reflective of, existing law.
III. [ S 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF
PROJECT ON ENVIRONMENT
[ S 3011 Criteria for Determining Significant Adverse
Environmental Effects
[ S 150641 (a) The determination of whether a Project may have a significant
adverse effect on the environment shall be based to the extent possible on
scientific and factual data, and shall reflect upon the nature and significance of
the activities proposed in the Plan. An iron clad definition of significant effect
50
is not possible because the significance of an activity may vary with the setting.
For example, an activity which may not be significant in an urban area may be
significant in a rural area.
(b) In determining whether an effect will be adverse or beneficial, the
Agency shall consider the views held by members of the public in all areas
affected. If the Agency expects that there will be a substantial body of opinion
that considers or will consider the effect to be adverse, the Agency shall regard
the effect as adverse. Before requiring the preparation of an EIR, the Agency
must still determine whether environmental change itself might be substantial.
(c) In evaluating the significance of the environmental effect of a
Project, the Agency shall consider both primary or direct and secondary or
indirect consequences. Primary consequences are immediately related to the
Project such as the dust, noise, and traffic of heavy equipment that would result
from construction of a sewage treatment plant and possible odors from operation
of the plant. Secondary consequences are related more to effects of the primary
consequences than to the Project itself and may be several steps removed from
the Project in a chain of cause and effect. For example, the construction of a
new sewage treatment plant may facilitate population growth in the service area
due to the increase in sewage treatment capacity and may lead to an increase in
air pollution.
(d) Some examples of consequences which may be deemed to be a
significant effect on the environment are as follows:
[ APPENDIX G) (1) The Plan is in conflict with environmental plans and goals that
have been adopted by the City;
(2) The Project will have a substantial and demonstrable negative
aesthetic effect;
(3) The Project will substantially affect a rare or endangered
species of animal or plant or the habitat of the species;
(4) The Project will breach any published national, state, or local
standards relating to solid waste or litter control;
(5) The Project will cause substantial interference with the
movement of any resident or migratory fish or wildlife species;
(6) The Project will substantially degrade water quality;
(7) The Project will contaminate a public water supply;
(8) The Project will degrade or deplete ground water resources;
-- (9) The Project will interfere substantially with ground water
recharge;
(10) The Project will disrupt or adversely affect a prehistoric or
historic archaeological site or a property of historic or cultural significance to a
community or ethnic or social group; or a paleontological site except as a part of
a scientific study of the site;
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(11) The Project will induce substantial growth or concentration of
population;
(12) The Project will cause an increase in traffic which is
substantial in relation to the existing traffic load and capacity of the street
system;
(13) The Project will displace a large number of people;
(14) The Project will encourage activities which result in the use of
large amounts of fuel or energy;
(15) The Project will use fuel or energy in a wasteful manner;
(16) The Project will increase substantially the ambient noise levels
for adjoining areas;
(17) The Project will cause substantial flooding, erosion or siltation;
hazards;
(18) The Project will expose people or structures to major geologic
(19) The Project will extend a sewer trunk line capacity to serve
new development;
or plants;
(20) The Project will substantially diminish habitat for fish, wildlife
(21) The Project will disrupt or divide the physical arrangement of
an established community;
(22) The Project will create a potential public health hazard or
involve the use, production or disposal of materials which pose a hazard to
people or animal or plant populations in the area affected;
(23) The Project will conflict with established recreational,
educational, religious, or scientific uses of the area;
(24) 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.
(25) The Project will convert prime agricultural land to non-
agricultural use or impair the agricultural productivity of prime agricultural
land.
(26) The Project will interfere with emergency response plans or
emergency evacuation plans.
[ S 150641 (e) Economic and social changes resulting from a Project shall not be
treated as significant effects on the environment. Economic or social changes
may be used, however, to determine that a physical change shall be regarded as a
significant effect on the environment. Where a physical change is caused by
economic or social effects of a Project, the physical change may be regarded as
a significant effect in the same manner as any other physical change resulting
from the Project. Alternatively, economic - and social effects of a physical
change may be used to determine that the physical change is a significant effect
on the environment. If the physical change causes adverse economic or social
effects on people, those adverse effects may be used as the basis for determining
that the physical change is significant. For example, if a Project would cause
overcrowding of a public facility and the overcrowding causes an adverse effect
on people, the overcrowding would be regarded as a significant effect.
(f) The decision as to whether a Project may have one or more
significant effects shall be based on information in the record of the Agency.
[ 5 3021 Mandatory Findings of Significance
[ 5 150651 A Project shall be found to have a significant effect on the environment
where any of the following conditions occur:
(a) The Project has the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self sustaining levels, threaten to
eliminate a plant or animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate important examples of the
major periods of California history or prehistory.
(b) The Project has the potential to achieve short -term environmental
goals to the disadvantage of long -term environmental goals.
(c) The Project has possible environmental effects which are individually
limited but cumulatively considerable. As used in the subsection, "cumulatively
considerable" means that the incremental effects of an individual Project are
considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects.
(d) * The environmental effects of the Project will cause substantial
adverse effects on human beings, either directly or indirectly.
IV. [ S 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF EIRS
FOR NEW REDEVELOPMENT PROJECTS
[ 5 4011 General
An EIR shall be prepared as part of the Report on the proposed Plan
required to be submitted by the Agency to the City Council for any Plan on
which a public hearing is set on or after the date of adoption of these
Procedures. Said EIR may be a document prepared specifically for the proposed
Plan pursuant to these procedures, or it may be an EIR prepared for an earlier
project if the circumstances of the projects are essentially the same, and the
projects are essentially the same in terms of environmental impact. The use of
an EIR for an earlier project shall be pursuant to the procedures and provisions
set forth in Section 700 hereof.
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[ 3 4021 Determination of Scope of EIR
[S 402.11 Notice of Preparation
[S 15082(a)] Prior to commencement of work the Agency shall send to each Responsible
Agency a Notice of Preparation stating that a EIR will be prepared. This Notice
shall also be sent to every federal agency involved in approving or funding the
Project and to each Trustee Agency responsible for natural resources affected by
the Project. The Notice of Preparation 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 shall include:
(a) A description of the Project;
(b) The location of the Project indicated either on an attached map
(preferably a copy of a U.S.G.S. 15 or 7 -1/2' topographical map identified by
quadrangle name), or by a street address in an urbanized area; and
(c) Probable environmental effects of the Project.
A sample for a Notice of Preparation is shown in Appendix A. To send
copies of the Notice of Preparation, the Agency shall use either certified mail or
any other method of transmittal which provides it with a record that the notice
was received.
[S 402.21 State Clearinghouse
[ S 15082(d)] When one or more state agencies will be a Responsible Agency or a Trustee
Agency, the Agency shall send a Notice of Preparation to each state Responsible
Agency and each Trustee Agency with a copy to the State Clearinghouse in the
Office of Planning and Research. The State Clearinghouse will ensure that the
state Responsible Agencies and Trustee Agencies reply to the Agency within the
required time.
When the Notice of Preparation is submitted to the State Clearinghouse,
the state identification number issued by the Clearinghouse shall be the
identification number for all subsequent environmental documents on the
Project. The identification number should be referenced on all subsequent
correspondence regarding the Project, specifically on the title page of the Draft
and Final EIR and on the Notice of Determination.
[ 9 402.31 Response to Notice of Preparation
[ S 15082(b)] Within 30 days after receipt of a Notice of Preparation from the Agency,
the Responsible Agency shall provide the Agency with specific detail about the
scope and content of the environmental information related to the Responsible
Agency's area of statutory responsibilities which must be included in the Draft
EIR. The response at a minimum shall identify the significant environmental
issues and possible alternatives and mitigation which the Responsible Agency will
need to have explored in the Draft EIR.
If a Responsible Agency fails by the end of the 30 day period to provide the
Agency with either a response to the Notice or a well justified request for
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additional time, the Agency may presume that the Responsible Agency has no
response to make. A generalized list of concerns not related to the specific
Project shall not meet the requirements of this Section for a response.
[ § 402.4] Meetin s
[ § 15082(c)) In order to expedite the consultation, the Agency, a Responsible Agency, or
a Trustee Agency may request one or more meetings between representatives of
the agencies involved to assist the Agency in determining 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. On request the Office of
Planning and Research will assist in convening meetings which involve state
agencies.
[ § 402.51 Early Public Consultation
[ § 150831 Prior to completing the Draft EIR, the Agency may also consult directly
with any person or organization it believes will be concerned with the
environmental effects of the Project. Many public agencies have found that
early consultation solves many potential problems that would arise in more
serious forms later in the review process. This early consultation may be called
scoping. Scoping will be necessary when preparing an EIR /EIS jointly with a
f ederal agency.
Scoping has been helpful to agencies in identifying the range of actions,
alternatives, mitigation measures, and significant effects to be analyzed in depth
in an EIR and in eliminating from 'detailed study issues found not to be
important. Scoping has been found to be an effective way to bring together and
resolve the concerns of affected federal, state, and local agencies, the proponent
of the action, and other interested persons including those who might not be in
accord with the action on environmental grounds. Where scoping is used, it
should be combined to the extent possible with consultation under Section 402.4.
[ § 4031 Preparation of Draft EIR
[ § 15082(a)l The Agency may begin work on the Draft EIR immediately without
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. The Agency shall not circulate a Draft EIR for public review
before the time period for responses to the Notice of Preparation has expired.
[ § 150841 The Draft EIR shall be prepared directly by or under contract to the
Agency. The required contents of a Draft EIR are discussed in Section 600.
The Agency may require a proposed Project developer to supply data and
information both to determine whether the Project may have a significant effect
on the environment and to assist the Agency in preparing the Draft EIR. The
requested information should include an identification of other public agencies
which will have jurisdiction by law over the Project.
Any person may submit information or comments to the Agency to assist in
the preparation of the Draft EIR. The submittal may be presented in any
format, including the form of a Draft EIR. The Agency must consider all
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information and comments received. The information or comments may be
included in the Draft EIR in whole or in part.
The Agency may choose one of the following arrangements or a
combination of them for preparing a Draft EIR.
(a) Preparing the Draft EIR directly with its own staff.
(b) Contracting with another entity, public or private to prepare
the Draft EIR.
(c) Accepting a draft prepared by a proposed developer, a
consultant retained by the proposed developer, or any other person.
(d) Executing a third party contract or memorandum of
understanding with the proposed developer to govern the preparation of a Draft
EIR by an independent contractor.
(e) Using a previously prepared EIR.
Before using a draft prepared by another person, the Agency shall subject
the draft to the Agency's own review and analysis. The Draft EIR which is sent
out for public review must reflect the independent judgment of the Agency. The
Agency is responsible for the adequacy and objectivity of the Draft EIR.
[ 5 4041 Notice of Completion
[ § 150851 As soon as the. Draft EIR is completed, the Agency staff shall file a Notice
of Completion with the Secretary for Resources. The Notice shall include (1) a
brief description of the Project, (2) the proposed location of the Project, (3) the
address where copies of the EIR are available, and (4) the period during which
comments will be received on the Draft EIR. A form for the Notice of
Completion is attached as Appendix B. The Notice of Completion will provide
the basis for information published by the Secretary for Resources in an EIR
Monitor. 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.
[ § 4051 Consultation Concerning Draft EIR
[ 5 150861 The Agency shall consult with and request comments on the Draft EIR
from (1) Responsible Agencies, (2) Trustee Agencies with resources affected by
the Project, and (3) other state, federal and local agencies which exercise
authority over resources which may be affected by the Project. The Agency may
consult directly with any person who has special expertise with respect to any
environmental impact involved.
L S 4061 Public Notice and Review of Draft EIR
[ S 150871 The Agency shall provide public notice of the completion and availability
of a Draft EIR at the same time as it sends a Notice of Completion to the
Resources Agency. Notice shall be given to all organizations and individuals who
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have previously requested such notice and shall also be given by at least one of
the following procedures:
(a) Publication by the Agency at least once in a newspaper of general
circulation in the area affected by the proposed Project.
(b) Posting of notice by the Agency within the Project area and in areas
adjacent to the Project area.
(c) Direct mailing to owners of property within and contiguous to the
Project area as such owners are shown on the latest equalized assessment roll.
The alternatives for providing notice specified in this Section shall not
preclude the Agency from providing additional notice by other means if it so
desires, nor shall the requirements of this Section preclude the Agency from
providing the public notice required by this Section at the same time and in the
same manner as public notice otherwise required by law for the Project.
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
407 hereof, and the Agency shall so state in its public notice and transmission of
the Draft EIR.
Agency staff should furnish copies of Draft EIRs 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
various projects 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 consulted with regard to a Draft EIR
fails to comment within the time set by the Agency, it shall be assumed, absent
a request for a specific extension of time, that such agency or person has no
comment to make.
[ S 4071 Review by State Agencies
[ § 407.11 Submission
[ 152051 Draft EIRs to be reviewed by state agencies shall be submitted to the State
Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. The Agency
shall submit to the State Clearinghouse for review by state agencies:
(a) Draft EIRs prepared by the Agency where a state agency is a
Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with
respect to the Project;
(b) Draft EIRs on projects identified in this Section as being of
statewide, regional, or areawide significance;
(c) Draft EIRs, environmental assessments, and findings of no significant
impact prepared pursuant to NEPA, the Federal Guidelines (Title 40 CFR, Part
1500, commencing with Section 1500.1).
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Agency staff may transmit a Draft EIR to the State Clearinghouse for
review by the appropriate state agency where a state agency has special
expertise with regard to the environmental impacts involved. The areas of
statutory authorities of state agencies are identified in Appendix C. 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 received by the State Clearinghouse
unless a shorter period is approved by the State Clearinghouse. In exceptional
circumstances, the State Clearinghouse may set shorter review periods when
requested by the Agency. The number of copies submitted to the State
Clearinghouse shall not be less than ten (10) unless the State Clearinghouse
approves a lower number in advance.
While the Agency is encouraged to contact the regional and district offices
of state responsible agencies, the Agency must, in all cases, submit documents to
the State Clearinghouse for distribution in order to comply with the review
requirements of this Section.
[5 407.21 Projects of Statewide, Regional, or Areawide
Significance
[ S 152061 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 the Project:
(a) Includes adoption of a proposed local general plan, element, or
amendment thereof for which an EIR was prepared. If a negative declaration
was prepared for the plan, element, or amendment, the document need not be
submitted for review;
(b) Has the potential for causing significant effects on the environment
extending beyond the city or county in which the Project would be located.
Examples of the effects include generating significant amounts of traffic or
interfering with the attainment or maintenance of state or national air quality
standards. Projects subject to this subsection include:
units;
(1) A proposed residential development of more than 500 dwelling
(2) A proposed shopping center or business establishment employing
more than 1,000 persons or encompassing more than 500,000 square feet of floor
space;
(3) A proposed commercial office building employing more than
1,000 persons or encompassing more than 250,000 square feet of floor space;
-° (4) A proposed hotel /motel development of more than 500 rooms;
(5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying more than
40 acres of land, or encompassing more than 650,000 square feet of floor area;
MIS
(c) 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;
(d) Is located in and substantially impacts an area of critical
environmental sensitivity for which an EIR was prepared including:
(1) The Lake Tahoe Basin;
(2) The Santa Monica Mountains Zone as defined by Section 67463
of the Government Code;
(3) The California Coastal Zone as defined in, and mapped pursuant
to, Section 30103 of the Public Resources Code;
(4) An area within 1/4 mile of a wild and scenic river as defined by
Section 5093.5 of the Public Resources Code;
(5) The Sacramento -San Joaquin Delta, as defined in Water Code
Section 12220;
(6) The Suisun Marsh as defined in Public Resources Code Section
29101;
(7) The jurisdiction of the San Francisco Bay Conservation and
Development Commission as defined in Government Code Section 66610;
(e) Would substantially affect sensitive wildlife habitats including but
not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for
rare and endangered species as defined by Fish and Game Code Section 903;
(f) Would interfere with attainment of regional water quality standards
as stated in the approved areawide waste water management plan;
(g) Would provide housing, jobs, or occupancy for 500 or more people
within 10 miles of a nuclear power plant.
[ S 4081 Public Hearing
A public hearing shall be conducted on a Draft EIR. Such public hearing
may be either a separate hearing on the Draft EIR or included in any hearing on
the proposed Plan, which may be a joint hearing on the Plan by the Agency Board
and the Board of Supervisors. 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.
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( § 4091 Evaluation of and Response to Comments
[ § 150881 The Agency shall evaluate comments on environmental issues received
from persons who reviewed the Draft EIR and shall prepare a written response.
The Agency shall respond to comments received during the noticed comment
period and any extensions and may respond to late comments.
The written response shall describe the disposition of significant
environmental issues raised (e.g., revisions to the proposed Project to mitigate
anticipated impacts or objections). In particular, the major environmental issues
raised when the Agency's position is at variance with recommendations and
objections raised in the comments must be addressed in detail giving reasons why
specific comments and suggestions were not accepted. There must be good
faith, reasoned analysis in response. Conclusionary statements unsupported by
factual information will not suffice.
The response to comments may take the form of a revision to the Draft
EIR or may be a separate section in the Final EIR. Where the response to
comments makes important changes in the information contained in the text of
the Draft EIR, the Agency should either:
(a) Revise the text in the body of the EIR, or
(b) Include marginal notes showing that the information is revised in the
response to comments.
1§ 4101 Final EIR
[ § 410.11 Preparation of Final EIR
[ § 150891 The Agency shall prepare a Final EIR before approving the Project. The
contents of a Final EIR are specified in Section 605 of these Procedures.
The Agency may provide an opportunity for review of the Final EIR by the
public or by commenting agencies before approving the Project. The review of a
Final EIR should focus on the responses to comments on the Draft EIR.
[ § 410.21 Certification of Final EIR
[ § 150901 The Agency shall certify that the Final EIR has been completed in
compliance with CEQA, the Guidelines 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 approval of the Plan.
The City Council shall approve the EIR prior to or concurrently with its
adoption of the Plan. The approval of the City Council shall state that the Final
EIR was presented to the Agency Board and that the Agency Board has certified
that the Final EIR has been completed in compliance with CEOA, the Guidelines
and these Procedures, and that the City Council has reviewed and considered the
information contained in the EIR prior to its approval of the Project.
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[ S 4111 Findings by the Agency and the - _City Council Re
Significant Effects of Plan
[ § 150911 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
environmental effects of the Project, unless the Agency and the City Council
make one or more of the following written findings for each of those significant
effects, accompanied by a brief explanation of the rationale for each finding:
(a) Changes or alterations have been required in, or incorporated into,
the Project which avoid or substantially lessen the significant environmental
effects as identified in the Final EIR.
(b) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the Agency or the City Council.
Such changes have been adopted by such other agency or can and should be
adopted by such other agency.
(c) Specific economic, social or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR.
These findings shall be supported by substantial evidence in the record.
Finding (b) above shall not be made if the Agency or City Council making
the finding has concurrent jurisdiction with another agency to deal with
identified feasible mitigation measures or alternatives.
[ § 412] Statement of Overriding Considerations
[ § 150931 CEQA requires the Agency and City Council to balance the benefits of a
proposed Project against its unavoidable environmental risks in determining
whether to approve the Project. If the benefits of a proposed Project outweigh
the unavoidable adverse environmental effects, the adverse environmental
effects may be considered "acceptable ".
Where the decision of the Agency and City Council allows the occurrence
of significant effects which are identified in the Final EIR but are not at least
substantially mitigated, the Agency and City Council shall state in writing the
specific reasons to support its action based on the Final EIR and /or other
information in the record. This statement may be necessary if findings (a) and
(b) under Section 411 are made.
If the Agency and City Council make a Statement of Overriding
Considerations, the Statement should be included in the record of the Project
approval and should be mentioned in the Notice of Determination.
[ § 4131 Approval of Project
[ § 150921 After considering the Final EIR and in conjunction with making findings
under Section 411, the Agency and City Council may decide whether or how to
approve or carry out the Project.
The City Council shall not decide to approve and the Agency shall not
carry out a Project for which an EIR was prepared unless either:
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(a) The Project as approved will not have a significant effect on the
environment, or
(b) The Agency and City Council have:
(1) Eliminated or substantially lessened all significant effects on
the environment where feasible as shown in findings under Section 411; and
(2) Determined that any remaining significant effects on the
environment found to be unavoidable under Section 411 are acceptable due to
overriding concerns as described in Section 412.
With respect to a Project which includes housing development, the Agency
or City Council shall not reduce the proposed number of housing units as a
mitigation measure if it determines that there is another feasible specific
mitigation measure available that will provide a comparable level of mitigation.
[ § 4141 Notice of Determination
[ S 150941 After the City Council has approved and adopted the Plan, the Agency
shall prepare and file a Notice of Determination with the Clerk of the County.
The Notice of Determination shall include:
(a) An identification of the Project including its common name where
possible and its location;
(b) A brief description of the Project;
(c) The date when the City Council approved the Project;
(d) The determination of the Agency and City Council whether the
Project in its approved form will have a significant effect on the environment;
(e) A statement that an EIR was prepared and certified pursuant to the
provisions of CEQA;
(f) Whether mitigation measures were made a condition of the approval
of the Project;
(g) Whether findings were made pursuant to Section 411;
(h) Whether a Statement of Overriding Considerations was adopted for
the Project; and
(i) The address where a copy of the Final EIR and the record of the
Project approval may be examined;
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 of this Notice is attached as Appendix D.
The filing of the Notice of Determination and the posting on a list of such
Notice starts a 30-day statute of limitations on court challenges to the Final EIR
under CEQA.
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[S 4151 Disposition of Final EIR
The Agency shall:
(1) File a copy of the Final EIR with the appropriate planning agency of
any city, county, or city and county where significant effects on the
environment may occur.
(2) Include the Final EIR as part of the regular Project report which is
used in the existing Project review and budgetary process if such a
report is used.
(3) Retain one or more copies of the Final EIR as public records for a
reasonable period of time.
(4) Require the Project developers to provide a copy of the certified,
Final EIR to each Responsible Agency.
[ § 4161 Delegation of Responsibilities
[ § 150251 The Agency may assign specific functions to its staff to assist in
administering CEQA. Functions which may be delegated include, but are not
limited to:
(a) Determining whether a Project is exempt;
(b) Conducting an Initial Study and deciding whether to prepare a Draft
EIR or Negative Declaration;
(c) Preparing a Negative Declaration or EIR;
(d) Determining that a Negative Declaration has been completed within
a period of 105 days;
(e) Preparing responses to comments on environmental documents; and
(f) Filing of notices.
The Agency Board shall not delegate the following functions:
(a) Reviewing and considering a Final EIR or approving a Negative
Declaration prior to approving a Project; and
(b) The making of findings as required by Sections 411 and 412.
Where an advisory body such as a planning commission is required to make
a recommendation on a Project, the advisory body shall also review and consider
the EIR in draft or final form.
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V. [ 9 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF
NEGATIVE DECLARATIONS, SUBSEQUENT EIRS,
SUPPLEMENTS TO EIRS OR ADDENDA TO EIRS
[ 5 5011 Exemptions From CEQA
[ § 501.11 Determination of Exemption
[ § 150611 If the Agency proposes to amend a Plan, execute or approve any contracts
for site improvements, disposition and development agreements, participation
agreements or any other documents, or undertake other Plan implementation
activities, the Agency shall conduct a preliminary review to determine whether
the particular implementation activity is exempt from CEQA. If the action
proposed to be taken with regard to implementing the Plan falls within the
classifications of activities set forth in Section 800 hereof, then the Agency
staff need not conduct an Initial Study pursuant to Section 502 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 exempt by statute or
categorically exempt from the necessity of any further study and /or
determinations with respect to their effect on the environment.
[ S 501.21 Notice of Exemption
[ 9 150621 When the Agency determines that a Plan implementing activity is exempt
from the requirements of CEQA because it is categorically exempt or exempt by
statute, and the Agency and /or City Council approves or determines to carry out
the activity, it -nay file a Notice of Exemption. Such Notice shall include:
(a) A brief description of the activity;
(b) A finding that the activity is exempt, including a citation to the
State Guidelines section under which it is found to be exempt; and
(c) A brief statement of reasons to support the findings.
The Notice of Exemption will be filed with the County Clerk. A form for
this Notice is attached as Appendix E.
The filing of a Notice of Exemption starts a 35 day statute of limitations
period on legal challenges to the decision that the project is exempt from CEQA.
If a Notice of Exemption is not filed, a 180 day statute of limitations will apply.
[ § 5021 Initial Study
[ S 502.11 Contents of Initial Study
[ § 15063(d)) Following a preliminary review and a determination by the Agency that a
Plan implementing activity is not exempt from CEQA, the Agency staff shall
conduct an Initial Study to determine if the proposed action will result in
substantial changes in environmental impacts anticipated and covered in the
previous EIR for the Project. The Initial Study shall be a written report and shall
contain in brief form:
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(a) A description of the action proposed to be taken by the Agency and
the location of the project;
(b) An identification of the environmental setting;
(c) An identification of environmental effects by use of a checklist,
matrix, or other method;
(d) A discussion of ways to mitigate the significant effects identified, if
any;
(e) An examination of whether the proposed action is compatible with
existing zoning, plans and other land use controls;
(f) The name of the person or persons who prepared or participated in
the Initial Study.
[§ 502.21 Purpose of Initial Study
[ § 15063(c)] The purposes of an Initial Study are to:
(a) Provide the Agency with information to use as the basis for deciding
whether a Negative Declaration (including a mitigated Negative Declaration), a
Subsequent EIR, a Supplement to the EIR or an Addendum to the EIR shall be
prepared;
(b) Enable the Agency to modify an implementing activity, mitigating
adverse impacts, thereby enabling the activity to qualify for a Negative
Declaration;
(c) Assist the preparation of a Subsequent EIR, Supplement to EIR or
Addendum to EIR, if one is required, by (1) Focusing on the effects determined
to be significant, (2) Identifying the effects determined not to be significant, and
(3) Explaining the reasons for determining that potentially significant effects
would not be significant;
(d) Provide documentation of the factual basis for the finding in a
Negative Declaration that an implementing activity will not have a significant
effect on the environment;
(e) Eliminate unnecessary environmental documents; and
(f) Determine whether the previously prepared EIR could be used for the
implementing activity.
[ S 502.31 Submission of Data
[ 9 15063(e)] If the implementing activity is to be carried out by a private person or
private organization, the Agency may require such person or organization to
submit data and information which will enable the Agency to prepare the Initial
Study. Any person may submit any information in any form to assist the Agency
in preparing an Initial Study.
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[ S 502.41 Format
[ S 15063(f)] Sample forms for use by the Agency are contained in Appendix F. When
used together, these forms would meet the requirements for an Initial Study.
These forms are only suggested, a.nd the Agency is free to devise its own format
for an Initial Study. The previously prepared EIR may also be used as the Initial
Study for later implementing activities.
[ § 502.51 Results of Initial Studv
[ 5 15063(b)] (a) If the Agency finds in the Initial Study that there is no substantial
evidence that the proposed action or any of its aspects may cause a significant
effect on the environment, then a Negative Declaration shall be prepared.
(b) If the Agency finds in the Initial Study that the proposed action will
involve significant environmental impacts, but such environmental impacts are
clearly mitigated to a point where no significant environmental effects will
occur, then a mitigated Negative Declaration shall be prepared.
(c) If the Agency finds in the Initial Study that the proposed action will
involve new significant environmental impacts or new information of substantial
importance not considered in the previous EIR, then a Subsequent EIR shall be
prepared.
(d) If the Agency finds in the Initial Study that environmental impacts or
the proposed action will involve new significant environmental impacts or there
is new information or data of substantial importance but only minor changes are
necessary to make the previous EIR adequate, then a Supplement to the EIR shall
be prepared for the proposed action.
(e) If the Agency finds in the Initial Study that the proposed action will
require only minor technical changes or additions to make the previous EIR
adequate, and such. changes do not raise important new issues about the
significant effects on the environment, then an Addendum to EIR shall be
prepared.
(f) 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 previous EIR, then the Agency and /or the City Council
shall make findings and determinations as prescribed in Section 507 hereof.
( § 5031 Procedures for Preparation and Adoption of Negative
Declarations
( S 503.11 Decision to Prepare Negative Declaration
[ 150701 A Negative Declaration shall be prepared by Agency staff for a proposed
amendment to the Plan or Plan implementation activity where the Agency finds
on the basis of an Initial Study that (a) there is no substantial evidence that the
amendment or implementation activity may have a significant effect on the
environment; or (b) the Initial Study identified potentially significant effects but
(1) revisions in the project plans or proposals made by or agreed to by the Agency
before the proposed Negative Declaration is released for public review would
-23-
avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur, and (2) there is no substantial evidence before the Agency
that the Plan amendment or Plan implementation activity as revised may have a
significant effect on the environment.
[ § 503.21 Contents of Negative Declaration
[ § 150711 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 project
proponent, if any; (3) a finding that the proposed action will not have a
significant effect on the environment; (4) an attached copy of the Initial Study
documenting reasons to support the finding; and (5) mitigation measures, if any,
included in the action to avoid potentially significant effects.
[ § 503.31 Public Notice
[ 150721 The Agency shall give notice to the public that it proposes to adopt a
Negative Declaration within a reasonable time prior to its adoption. 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
406 above.
[ § 503.41 Public Review of Negative Declaration
[ S 150731 The Agency shall provide a public review period for a proposed Negative
Declaration. The noticed public review period shall be long enough to provide
members of the public with sufficient time to respond to the proposed finding
before the Negative Declaration is approved. A copy of the notice with the
proposed Negative Declaration shall be sent to every Responsible Agency and
Trustee Agency concerned with the project and every other public agency with
jurisdiction by law over resources affected by the project.
Where one or more state agencies will be a Responsible Agency or a
Trustee Agency, or will exercise jurisdiction by law over natural resources
affected by the project, the Agency shall send copies of the Negative
Declaration to the State Clearinghouse for distribution to the state agencies
pursuant to Section 407 above.
When a Negative Declaration is submitted to the State Clearinghouse for
review by state agencies, the public review period shall be not less than 30 days
unless a shorter period is approved by the State Clearinghouse.
The time period within which public agencies and members of the public
must review and comment on the Negative Declaration shall be not less than 1.5
- days after the publication or other giving of notice of the finding, except as
provided for State review above. The Agency shall state the time period for
public review in its public notice and transmission of the Negative Declaration.
[S 503.51 Public Hearing
[ § 152021 A public hearing is not required on a Negative Declaration. However, any
notice of public hearing on a proposed amendment or Plan implementation
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activity should include environmental review as one of the subjects for the
hearing.
In the event that a public hearing is to be held on the Negative
Declaration, the public hearing may be held separate from or in conjunction with
a public hearing on the proposed action. If a separate public hearing is to be held
on the Negative Declaration, the notice of public hearing shall be published at
least once not less than 10 days prior to the public hearing and shall refer to the
finding of the 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.
[ 503.61 Agency Board and City Council Consideration and
Approval of Negative Declaration
[ § 150741 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 Agency shall approve
the Negative Declaration if it finds on the basis of the Initial Study and any
comments received that there is no substantial evidence that the action will
have a significant effect on the environment. The City Council shall certify that
it has reviewed and considered the information contained in the Negative
Declaration together with any comments received 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 404. No amendment to a Plan shall be
approved and adopted by the City Council unless and until a Negative
Declaration or other environmental assessment document 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 other environmental assessment document.
Where an advisory body is required to make a recommendation on a Plan
amendment or Plan implementation activity, the advisory body shall also review
and consider the Negative Declaration before making its recommendation.
[ § 503.71 Notice of Determination
[ S 150751 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 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) An identification of the
Project including its common name where possible and its location; (2) A brief
description of the Plan amendment or implementation activity; (3) The date on
which the City Council and /or Agency approved the amendment or
implementation activity; (4) The determination of the Agency and /or City
IM12
the implementation activity will not have a significant effect on the
environment; (5) A statement that a Negative Declaration has been prepared
pursuant to the provisions of CEQA; and (6) The address where a copy of the
Negative Declaration may be examined.
The filing of the Notice of Determination with the County Clerk and the
posting on a list of such notices starts a 30 day statute of limitations on court
challenges to the approval under the CEQA.
[ § 5041 Procedures for Preparation and Adoption of Subsequent
EIRs
[ § 504.11 When to Prepare Subsequent EIR
[ § 151621 Where an EIR has been prepared and certified, a Subsequent EIR need not
be prepared and certified unless the Agency finds on the basis of an Initial Study
that:
(a) Subsequent changes are proposed to be made to the Plan which will
require important revisions of the previous EIR, due to the involvement of new
significant environmental impacts not considered in the previous EIR; or
(b) Substantial changes occur with respect to the circumstances under
which the Plan is to be implemented, such as a substantial deterioration in the
air quality where the Project is located, which will require important revisions in
the previous EIR due to the involvement of new significant environmental
impacts not covered in the previous EIR; or
(c) New information of substantial importance to the Project becomes
available, and the information was not known and could not have been known at
the time the previous EIR was certified as complete, and the new information
shows any of the following:
(1) The Project will have one or more significant effects not
discussed previously in the EIR;
(2) Significant effects previously examined will be substantially
more severe than shown in the EIR;
(3) 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
(4) Mitigation measures or alternatives which were not previously
considered in the EIR would substantially lessen one or more significant effects
on the environment.
[ § 504.21 Preparation of Draft Subsequent EIR For Plan
A m Pn rim Pn t
A Draft Subsequent EIR shall be prepared by the Agency for a proposed
amendment to the Plan, where required pursuant to Sections 502.5 and 504.1.
Before commencing work on and completion of the Draft Subsequent EIR, the
Agency shall send a Notice of Preparation to all Responsible Agencies and shall
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receive information from and consult with all Responsible -'agencies, Trustee
Agencies, and other state, federal and local agencies which exercise authority
over resources which may be affected by the Plan as amended, and persons or
organizations it believes will be concerned with the environmental effect of the
Plan as amended within the times and in the manner provided in Section 402.
If required pursuant to Section 502.5, the Draft Subsequent EIR shall be
prepared by the Agency staff prior to any public hearing on the proposed
amendment. If required pursuant to Section 503.6, the Draft Subsequent 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
Subsequent 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 Board of
Supervisors.
The Draft Subsequent 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 604. The procedure for the preparation and adoption of the
Draft Subsequent EIR is set forth below.
[ 5 504.31 Notice of Completion
As soon as the Draft Subsequent 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 file a Notice of Completion with
the Secretary for Resources as provided in Section 404. 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.
N504.41 Public Notice and Review
The Agency staff shall transmit copies of the Draft Subsequent EIR to and
consult with agencies and persons, and shall provide public notice of completion
of the Draft Subsequent EIR in the manner provided in Sections 405 through 407.
[ 5 504.51 Public Hearing
The Agency shall consider the Draft Subsequent EIR at a public hearing. -
Any notice of hearing, or continued hearing pursuant to Section 503.6, 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
Subsequent EIR and the public hearing to be held on the Draft Subsequent EIR.
If a separate public hearing is held on the Draft Subsequent 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 Subsequent EIR.
[ S 504.61 Preparation and Approval of Final
Subsequent EIR for Plan Amendment
The Agency shall prepare a Final Subsequent EIR before approving the
amendment to the Plan. The Final Subsequent EIR shall contain the information
specified in Section 605 of these Procedures. The Agency may provide an
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opportunity for review of the Final Subsequent EIR by the public or by
commenting agencies before approving the Plan amendment. The review of the
Final Subsequent EIR should focus on the responses to comments on the Draft
Subsequent EIR.
The Agency shall certify that the Final Subsequent EIR has been completed
in compliance with CEQA, the Guidelines, and these Procedures, and that the
Agency Board has reviewed and considered the information contained in the
Final Subsequent EIR. The Final Subsequent EIR shall be certified by the Agency
Board prior to City Council action on the proposed amendment to the Plan.
The City Council shall approve the Final Subsequent EIR prior to or
concurrently with its adoption of the proposed amendment to the Plan. The
approval of the City Council shall state that the Agency Board has certified that
the Final Subsequent EIR has been completed in compliance with CEQA, the
Guidelines and these Procedures, and that the City Council has reviewed and
considered the information contained in said EIR prior to its approval of the Plan
amendment.
Where an advisory body is required to make a recommendation on a Plan
amendment, the advisory body shall also review and consider the Draft
Subsequent EIR before making its recommendation.
[ 504.71 Findings by the Agency and the City Council Re
Significant Effects of a Plan Amendment and
Statements of Overriding Considerations
The City Council shall not adopt and the Agency shall not carry out any
amendment to a Plan for which a Subsequent EIR has been completed which
identifies one or more significant effects of the amendment unless the Agency
and the City Council make one or more of the findings specified in Section 411
for each of those significant effects, accompanied by a brief explanation of the
rationale for each finding.
Where the decision of the Agency and City Council allows the occurrence
of significant effects which are identified in the Final Subsequent EIR but are
not at least substantially mitigated, the Agency and City Council shall make a
Statement of Overriding Considerations as provided in Section 412.
The City Council approval and Agency implementation of an amended
Project for which a Subsequent EIR was prepared shall be pursuant to the
provisions of Section 413.
[ S 504.81 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 414. The contents of the Notice of
Determination shall be as prescribed in said Section 414. The filing of the
Notice of Determination starts a 30 day statue of limitations on court challenges
to the Final Subsequent EIR under CEQA.
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[ 504.91 Subsequent EIRs for Substantial Changes in Plan
Implementation
If the Agency proposes to execute or approve any contracts f or 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
substantial 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 this Section 504 for Plan amendments.
(§ 5051 Procedures for Preparation and Adoption of Supplements
To EIRs
[ S 151631 If the Agency proposes to take action to amend a Plan, to execute or
approve any contracts for site improvement, disposition and development
agreements, participation 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 any of the conditions
described in Section 504.1 above and would require a Subsequent EIR, and only
minor additions or changes would be necessary to make the previous EIR
adequate to apply to the Project in the changed situation, a Supplement to EIR
shall be prepared setting forth such additional information or data. The
Supplement to EIR need contain only the information necessary to make the
previous EIR adequate for the proposed action.
. 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 Section
504 hereof for the preparation and adoption of Subsequent EIRs.
A Supplement to EIR may be circulated by itself without recirculating the
previous Draft or Final Subsequent EIR. When the Agency and /or City Council
decides whether to approve the proposed action. the decision - making body shall
consider the previous EIR as revised by the Supplement to EIR. A finding under
Section 411 shall be made for each significant effect shown in the previous EIR
as revised.
( 5 5061 Procedures for Preparation and Adoption of Addenda to
EIRs
[ 151641 If the Agency proposes to amend a Plan, or 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, the Agency shall prepare an Addendum to EIR
if after an Initial Study the Agency finds:
(a) None of the conditions described in Section 504.1 calling for
preparation of a Subsequent EIR have occurred;
(b) Only minor technical changes or additions are necessary to
make the EIR under consideration adequate under CEQA; and
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(c) The changes to the EIR made by the Addendum do not raise
important new issues about the significant effects on the environment.
An Addendum need not be circulated for public review but can be included
in or attached to the Final EIR. The Agency and City Council shall consider the
Addendum with the Final EIR prior to making a decision on the proposed action.
[ 9 5071 Procedures Where No Negative Declaration, Subsequent
EIR, Supplement to EIR or Addendum to EIR is Required
for Plan Amendments or Implementation Activities
If the Agency proposes to amend a Plan, or 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,
Supplement to EIR, or Addendum to EIR, the Agency and /or the City Council
shall find and determine that:
(1) No substantial changes are proposed in the Redevelopment Project,
or with respect to the circumstances under which the Project is to be
undertaken, which will require important revisions in the previous
EIR and, no new information of substantial importance to the Project
has become available, due to the involvement of new significant
environmental impacts not covered in said previous EIR;
(2) No Negative Declaration, Subsequent EIR or Supplement or
Addendum to EIR is necessary or required; and
(3) The proposed action will have no significant effect on the
environment, except as identified and considered in the previous EIR.
After the Agency and /or the City Council has approved or adopted the
proposed action, the Agency shall prepare and file a Notice of Determination
with the Clerk of the County as provided in Section 414. The contents of the
Notice of Determination shall include the provisions of said Section 414 and the
above findings and determinations.
VI. [ S 6001 CONTENTS OF EIRS
[ 9 6011 General
[ 151201 Environmental Impact Reports shall contain the information outlined in
this Section 600, but the format of the document may be varied. Each element
must be covered, and when these elements are not separated into distinct
sections, the document shall state where in the document each _ - element is
discussed. Draft EIRs shall contain the information required by Sections 602-
604. Final EIRs shall include the information described in Section 605.
The EIR may be prepared as a separate document or as part of a Project
report. If prepared as a part of the Project repot, it must still contain one
separate and distinguishable section providing either analysis of all the subjects
required in an EIR or as a minimum, a table showing where each of the subjects
is discussed.
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[ 151211 While the information in the EIR does not control the Agency's and City
Council's ultimate discretion on the Project, the Agency must respond to each
significant effect identified in the EIR by making findings under Section 411 and
if necessary by making a statement of overriding considerations under Section
412. The information in an EIR may constitute substantial evidence in the
record to support the Agency's and City Council's action on the Project if its
decision is later challenged in court.
[ S 6021 Contents of Draft EIR
[ 9 151201 The Draft EIR for a Project shall contain the following elements:
thru
[ 9 151301 1. Table of Contents or Index
2. Introduction
3. Summary of Proposed Project and Its Consequences
4. Description of Project
5. Description of Environmental Setting
6. Environmental Impact
a. Significant Environmental Effects of the Proposed Project
b. Any Significant Environmental Effects Which Cannot be
Avoided if the Proposal is Implemented
C. Mitigation Measures Proposed to Minimize the Significant
Effects
d. Alternatives to the Proposed Action
e. Relationship Between Local Short -Term Uses of Man's
Environment and the Maintenance and Enhancement of
Long -Term Productivity
f. Any Significant Irreversible Environmental Changes Which
Would be Involved if the Proposed Action Should be
Implemented
g. Growth Inducing Impact of the Proposed Action
6. Effects Found Not To Be Significant
7. Organizations and Persons Consulted
8. Cumulative Impacts
The EIR shall discuss environmental effects in proportion to their severity
and probability of occurrence. Effects dismissed in an Initial Study as clearly
insignificant and unlikely to occur need not be discussed further in the EIR unless
the Agency subsequently received information inconsistent with the finding in
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the Initial Study. A copy of the Initial Study shall be attached to the EIR to
provide the basis for limiting the impacts discussed.
[ § 602.11 Table of Contents or Index
[ 151221 An EIR shall contain at least a table of contents or an index to assist
readers in finding the analysis of different subjects and issues.
[ 9 602.21 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
Redevelopment 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 implementation of the Project.
[ S 602.31 Summary of the Proposed Project and its
Consequences
[ S 151231 The EIR shall contain a brief summary of the proposed action and its
consequences. The language of the summary should be as clear and simple as
reasonably practical. The summary shall identify: (1) Each significant effect
with proposed mitigation measures and alternatives that would reduce or avoid
that effect; (2) Areas of controversy known to the Agency including issues
raised by agencies and the public; and (3) Issues to be resolved including the
choice among alternatives and whether or how to mitigate the significant
effects. The summary should normally not exceed 15 pages.
[ S 602.41 Description of Project
[ § 151241 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 by the Plan.
(c) A general description of the Project's technical, economic, and
environmental characteristics, considering the principal engineering proposals
and supporting public service facilities.
(d) A statement briefly describing the intended uses of the EIR.
This statement shall include, to the extent that the information is known to the
Agency, a list of the agencies that are expected to use the EIR in their decision -
making and a list of the approvals for which the EIR will be used. If the Agency
must take more than one decision on a Project, all its decisions subject to CEQA
should be listed, preferably in the order in which they will occur. The Agency
may request the Office of Planning and Research to provide assistance in
identifying state permits for a Project.
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[ § 602.51 Description of Enviro Settin
[ § 151251 An EIR must include a description of the environment in the vicinity of the
F Project, as it exists before commencement of the Project, from both a local and
regional perspective. The description shall be no longer than is necessary to an
understanding of the significant effects of the proposed Project and its
alternatives. 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 and would be affected by the
Project. The environmental setting described in the EIR may include existing
energy supplies and energy use patterns in the region and locality.
The EIR shall discuss any inconsistencies between the proposed Project and
applicable general plans and regional plans. Such regional plans include, but are
not limited to the applicable Air Quality Management Plan (or State
Implementation Plan once adopted), area -wide waste treatment and water
quality control plans, regional transportation plans, and regional land use plans
for the protection of the coastal zone, Lake Tahoe Basin, San Francisco Bay, and
Santa '_Monica Mountains.
Where a proposed Project is compared with an adopted plan, the analysis
shall examine the existing physical conditions as well as the potential future
conditions discussed in the plan.
[ § 602.61 Environmental Impact
[ § 151261 All phases of the Project must be considered when evaluating its impact on
[ Appendix F] the environment: planning, acquisition, relocation, demolition and site
clearance, construction of public improvements, disposition and development,
and operation. The following subjects shall be discussed, preferably in separate
sections or paragraphs.
[ § 602.6.a] The Significant Environmental Effects of
the Project
An EIR shall identify and focus on the significant environmental effect of
the proposed Project. Direct and indirect significant effects of the Project on
the environment shall be clearly identified and described, giving due
consideration to both the short -term and long -term effects. The discussion
should include relevant specifics of the area, the resources involved, physical
changes, alterations to ecological systems, and changes induced in population
distribution, population concentration, the human use of the land (including
commercial and residential development), health and safety problems caused by
the physical changes, and other aspects of the resource base such as water,
scenic quality, and public services. The EIR shall also analyze any significant
environmental effects the Project might cause by bringing development and
people into the area affected. For example, an EIR. on a Project astride an
active fault line should identify as a significant effect the seismic hazard to
future occupants of the Project area. The Project would have the effect of
attracting people to the location and exposing them to the hazards found there.
IN14iC
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 supplies and on
requirements for additional capacity.
(3) The effects of the Project on peak and base period demands for
electricity and other forms of energy.
standards.
(4) The degree to which the Project complies with existing energy
(5) The effects of the Project on energy resources.
(6) The Project's projected transportation energy use requirements
and its overall use of efficient transportation alternatives.
[ 9 602.6.b] Any Significant Environmental Effects Which
Cannot be Avoided If the Plan is Adopted
Describe any significant impacts, including those which can be mitigated
but not reduced to a level of insignificance. 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.
[ 9 602.6.c] Mitigation Measures Proposed to Minimize
the Significant Effects
Describe significant adverse impacts, including where relevant inefficient
and unnecessary consumption of energy and water, and the measures to minimize
these impacts. The discussion of mitigation measures shall distinguish between
the measures which are proposed by Project proponents to be included in the
Project and other measures that are not included, but could reasonably be
expected to reduce adverse impacts if required as conditions of approving the
Project. This discussion shall identify the mitigation measures for each
significant environmental effect identified in the EIR. Where several measures
are available to mitigate an impact, each should be discussed and the basis for
selecting a particular measure should be identified if one has been selected.
Energy conservation measures, as well as other appropriate mitigation measures,
shall be discussed when relevant. Such measures may include:
(1) Potential measures to reduce wasteful, inefficient and
unnecessary consumption of energy during construction, operation, maintenance
and /or removal. The discussion should explain why certain measures were
incorporated in the Project and why other measures were dismissed.
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(2) The potential of siting, orientation, and design to minimize
energy consumption, including transportation energy.
(3) The potential for reducing peak energy demand.
(4) Alternate fuels (particularly renewable ones) or energy systems.
(5) Energy conservation which could result from recycling efforts.
If a mitigation measure would cause one or more significant effects in
addition to those that would be caused by the Project as proposed, the effects of
the mitigation measure shall be discussed, but in less detail than the significant
effects of the Project as proposed.
[ S 602.64 Alternatives to the Project
Describe a range of reasonable alternatives to the Project, or to the
location of the Project, which could feasibly attain the basic objectives of the
Plan and evaluate the comparative merits of the alternatives. If there is a
specific proposed Project or a preferred alternative, explain why the other
alternatives were rejected in favor of the proposal if they were considered in
developing the proposal. The specific alternative of "no project" shall also be
evaluated along with the impact. The discussion of alternatives shall focus on
alternatives capable of eliminating any significant adverse environmental effects
or reducing them to a level of insignificance, even if these alternatives
substantially impede the attainment of the Plan objectives, or would be more
costly. If an alternative would cause one or more significant effects in addition
to those that would be caused by the Project as proposed, the significant effects
of the alternative shall be discussed but in less detail than the significant effects
of the Project as proposed. The range of alternatives required in an EIR is
governed by "rule of reason" that requires the EIR to set forth only those
alternatives necessary to permit a reasoned choice. The key issue is whether the
selection and discussion of alternatives fosters informed decision making and
informed public participation. An EIR need not consider an alternative whose
effect cannot be reasonably ascertained and whose implementation is remote
and speculative. Alternatives should be compared in terms of overall energy
consumption and in terms of reducing wasteful, inefficient and unnecessary
consumption of energy.
( S 602.6.el 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.
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The information required by this Section 602.6.e need be included only in
EIRs prepared in connection with any of the following activities:
(a) The adoption, amendment, or enactment of a plan, policy or
ordinance of the Agency; or
(b) A Project which will be subject to the requirement for preparing an
environmental impact statement pursuant to the requirements of the National
Environmental Policy Act of 1969.
L 5 602.6.fI Any Significant Irreversible Environmental
Changes Which Would be Involved in the
Plan Should it be Adopted
Uses of nonrenewable resources during the initial and continued phases of
the Project may be irreversible since a large commitment of such resources
makes removal or nonuse thereafter unlikely. Primary impacts and,
particularly, secondary impacts (such as a highway improvement which provide
access to a previously inaccessible area) generally commit future generations to
similar uses. Also irreversible damage can result from environmental accidents
associated with the Project. Irretrievable commitments or 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 development or future energy conservation.
The information required by this Section 602.6.f need be included only in
EIRs prepared in connection with any of the following activities:
(a) The adoption, amendment, or enactment of a plan, policy or
ordinance of the Agency; or
(b) A Project which will be subject to the requirement for preparing an
environmental impact statement pursuant to the requirements of the National
Environmental Policy Act of 1969.
[ S 602.6.g] The Growth - Inducing Impact of the Plan
Discuss the ways in which the Plan for the Project could foster economic
or population growth, or the construction of additional housing, 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 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.
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[9 602.6.h) Effects Found Not To Be Significant
[ § 151281 The EIR shall contain a statement briefly indicating the reasons that
various possible significant effects of the Project were determined not to be
significant and were therefore not discussed in detail in the EIR. Such statement
may be contained in an attached copy of an Initial Study.
[ S 602.6.i) Orzanizations and Persons Consulted
[ § 151291 The EIR shall identify all federal, state, or local agencies, other
organizations and private individuals consulted in preparing the Draft EIR, and
the persons, firm, or agency preparing the Draft EIR by contract or other
authorization.
[ § 6031 Cumulative Impacts
[ S 151301 Cumulative impacts shall be discussed when they are significant. The
discussion of cumulative impacts shall reflect the severity of the impacts and
their likelihood of occurrence, but the discussion need not provide as great detail
as is provided for the effects attributable to the Project alone. The discussion
should be guided by the standards of practicality and reasonableness. The
following elements are necessary to an adequate discussion of cumulative
impacts:
(a) Either: (1) a list of past, present, and reasonably anticipated
future projects producing related or cumulative impacts, including those projects
outside the control of the Agency, or (2) a summary of projections contained in
an adopted general plan or related planning document which is designed to
evaluate regional or areawide conditions. Any such planning document shall be
referenced and made available to the public at a location specified by the
Agency;
(b) A summary of the expected environmental effects to be
produced by those projects with specific reference to additional information
stating where that information is available; and
(c) A reasonable analysis of the cumulative impacts of the relevant
projects. An EIR shall examine reasonable options for mitigating or avoiding any
significant cumulative effects of a proposed Project.
With some projects, the only feasible mitigation for cumulative impacts
may involve the adoption of ordinances or regulations rather than the imposition
of conditions on a project -by- project basis.
[ 6041 Economic and Social Effects
[ § 15131) Economic or social information may be included in an EIR or may be
presented in whatever form the Agency desires.
Economic or social effects of a Project shall not be treated as significant
effects on the environment. An EIR may trace a chain of cause and effect from
a proposed decision on a Project through anticipated economic or social changes
resulting from the Project to physical changes caused in turn by the economic or
social changes. The intermediate economic or social changes need not be
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analyzed in any detail greater than necessary to trace the chain of cause and
effect. The focus of the analysis shall be on the physical changes.
Economic or social effects of a Project may be used to determine the
significance of physical changes caused by the Project. For example, if the
construction of a new freeway or rail line divides an existing community, the
construction would be the physical change, but the social effect on the
community would be the basis for determining that the effect would be
significant. As an additional example, if the construction of a road and the
resulting increase in noise in an area disturbed existing religious practices in the
area, the disturbance of the religious practices could be used to determine that
the construction and use of the road and the resulting noise would be significant
effects on the environment. The religious practices would need to be analyzed
only to the extent to show that the increase in traffic and noise would conflict
with the religious practices. Where an EIR uses economic or social effects to
determine that a physical change is significant, the EIR shall explain the reason
for determining that the effect is significant.
Economic, social, and particularly housing factors shall be considered by
the Agency together with technological and environmental factors in deciding
whether changes in a Project are feasible to reduce or avoid the significant
effects on the environment identified in the EIR. If information on these factors
is not contained in the EIR., the information must be added to the record in some
other manner to allow the Agency to consider the factors in reaching a decision
on the Project.
[ S 6051 Contents of Final EIR for A Project
[ § 15132)
[ S 150881 The Final EIR shall consist of:
(a) The Draft EIR or a revision of the Draft containing the
elements described above;
(b) A section containing the comments and recommendations
received on the Draft EIR either verbatim or in summary;
(c) A list of persons, organizations and public agencies commenting
on the Draft EIR;
(d) The responses of the Agency to any significant environmental
points raised in the review and consultation process.
(e) Any other information added by the Agency.
The response of the Agency to comments received may take the form of a
revision of the Draft EIR, or may be an attachment to the Draft EIR. The
response shall describe the disposition of significant environmental issues raised,
e.g., revisions to the Plan or Plan implementation techniques to mitigate
anticipated impacts or objections. In particular, the major issues raised when
the Agenr., position is at variance with recommendations and objections raised
in the comments must be addressed in detail giving reasons why specific
comments and suggestions were not accepted.
INY-M
VII. [ § 7001 USE OF AN EIR FROM AN EARLIER PROJECT
[ § 151531 As used in this Section 700, the term "project" shall mean "project" as
defined in CEQA and the Guidelines. The Agency may employ a single EIR to
describe more than one project, if such projects are essentially the same in
terms of environmental impact. Further, the Agency may use an earlier EIR
prepared in connection with an earlier City or Agency project to apply to a later
project, if the circumstances of the projects are essentially the same.
When the Agency proposes to use an EIR from an earlier project as the EIR
for a separate, later project, the Agency shall use the following procedures:
(a) The Agency shall review the proposed project with an Initial Study,
using incorporation by reference if necessary, to determine whether the EIR
would adequately describe:
(1) The general environmental setting of the project;
(2) The significant environmental impacts of the project; and
(3) Alternatives and mitigation measures related to each
significant effect.
(b) If the Agency believes that the EIR would meet the requirements of
subparagraph (a) above, it shall provide public review as provided in Section 406
stating that it plans to use the previously prepared EIR as the Draft EIR for this
project. The notice shall include as a minimum:
(1) An identification of the project with a brief description;
(2) A statement that the Agency plans to use a certain EIR.
prepared for a previous project as the EIR for this project;
and
(3) A listing of places where copies of the EIR may be examined;
(4) A statement that the key issues involving the EIR are whether
the EIR should be used for this project and whether there are any additional,
reasonable alternatives or mitigation measures that should be considered as ways
of avoiding or reducing the significant effects of the project.
(c) The Agency shall prepare responses to comments received during the
review period.
(d) Before approving the project, the Agency Board shall:
(1) Consider the information in the EIR including comments
received during the review period and responses to those comments;
(2) Decide either on its own or on a staff recommendation whether
the EIR is adequate for the project at hand:
(3) Make or require certification to be made as described in
Section 410.2; and
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(4) Make findings as provided in Sections 411 and 412 as necessary.
(e) After making a decision on the project, the Agency shall file a Notice
of Determination.
An EIR prepared for an earlier project may also be used as part of an
Initial Study to document a finding that a later project will not have a significant
effect. In this situtation a Negative Declaration will be prepared.
An EIR prepared for an earlier project shall not be used as the EIR for a
later project if any of the conditions described in Section 504.1 would require
preparation of a Subsequent or Supplemental EIR.
VIII. [ § 80b) EXEMPTIONS FROM CEQA
[ § 8011 Statutory Exemption - Emergency Projects
[ § 15260]
( § 152691 This Section 801 describes emergency Projects exempted from the
requirements of CEQA by the Legislature:
(a) Projects to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a disaster stricken
area in which a state of emergency has been proclaimed by the Governor
pursuant to the California Emergency Services Act, commencing with Section
8550 of the Government Code.
(b) Emergency repairs to public service facilities necessary to maintain
service.
(c) Specific actions necessary to prevent or mitigate an emergency.
[ § 802 Categorical Exemptions
( § 802.11 Declaration of Exemption
[ § 153001 Section 21084 of the Public Resources Code requires the State Guidelines
and these Procedures to include a list of classes of implementation activities
which have been determined not to have a significant effect on the environment
and which shall, therefore, be exempt from the provisions of CEQA. In response
to the mandate, the Secretary of Resources has found that the following classes
of activities listed in this Section 802 do not have a significant effect on the
environment, and they are declared to be categorically exempt from the
requirement for the preparation of environmental documents.
[§ 802.21 Exceptions to Exemptions
[ § 15300.21 (a) Location Classes 3, 4, 5, 6, and 11 are qualified by consideration of
where the proposed activity is to be located —an activity that is ordinarily
insignificant in its impact on the environment may in a particularly sensitive
environment be significant. Therefore, �hese classes are considered to apply in
all instances, except where the activity may impact on an environmental
resource of hazardous or critical concern where designated, precisely mapped,
and officially adopted pursuant to law by federal, state, or local agencies.
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(b) Cumulative Impact All exemptions for these classes are inapplicable
when the cumulative impact of successive activities of the same type in the
same place, over time is significant — for example, annual additions to an
existing building under Class h.
(c) Significant Effect A categorical exemption shall not be used for an
activity where there is a reasonable possibility that the activity will have a
significant effect on the environment due to unusual circumstances.
[ S 802.31 Revisions to List of Categorical Exemptions
[ S 15300.31 The Agency may, at any time, request that a new class of Categorical
Exemptions be added, or an existing one amended or deleted. This request must
be made in writing to the Office of Planning and Research and shall contain
detailed information to support the request. The granting of such request shall
be by amendment to the Guidelines.
[ S 802.41 Application by Agency
( S 15300.41 The Agency has, in establishing these Procedures, listed those specific
activities which fall within each of the exempt classes, subject to the
qualification that these lists must be consistent with both the letter and the
intent expressed in the classes. The Agency has omitted from its implementing
Procedures classes and examples set out in the Guidelines that do not apply to its
activities.
[ 9 802.51 Class 1 - Existing Facilities
(� 153011 Class 1 includes 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 expansion of use beyond that previously existing, including, but not limited
to:
(a) Interior or exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances;
(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 where the activity will involve
removal of a scenic resource including a stand of trees, a rock outcropping, or a
historic building;
-- (d) Restoration, or rehabilitation of deteriorated or damaged
structures, facilities or mechanical equipment to meet current standards of
public health and safety, unless it is determined that the damage was substantial
and resulted from an environmental hazard such as earthquake, landslide or
flood;
(e) Additions to existing structures provided that the addition will
not result in an increase of more than (1) 50 percent of the floor area of the
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structures before the
10,000 square feet if
facilities are available
General Plan, and the i
sensitive;
addition or 2500 square feet, whichever is less; or (2)
the project is in an area where all public services and
to allow for maximum development permissible in the
irea in which the Project is located is not environmentally
(f) Addition of safety or health protection devices for use during
construction of or in conjunction with existing structures, facilities or
mechanical equipment, or topographical features including navigational devices;
(g) New copy on existing on and off - premise signs;
(h) Maintenance of existing landscaping, native growth and water
supply reservoirs (excluding the use of economic poisons, as defined in Division 7,
Chapter 2, California Agricultural Code);
(i) Division of existing multiple family rental units into
condominiums;
0) Demolition and removal of individual small structures listed in
this subparagraph (j) 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. In urbanized areas, up to
three single - family residences may be demolished under this exemption; (2)
Apartments, duplexes and similar structures with no more than four dwelling
units if not in conjunction with the demolition of two or more such structures. In
urbanized areas, this exemption applies to single apartments, duplexes and
similar structures designed for not more than six dwelling units if not demolished
in conjunction with the demolition of two or more such structures; (3) Stores,
motels, offices and restaurants, and similar small commercial structures if
designed for an occupant load of 30 persons or less, if not in conjunction with the
demolition of two or more such structures. In urbanized areas the exemption
also applies to commercial buildings on sites zoned for such use, if designed for
an occupant load of 30 persons or less if not demolished in conjunction with the
demolition of four or more such structures; (4) Accessory (appurtenant)
structures including garages, carports, patios, swimming pools, and fences;
(k) Conversion of a single family residence to office use;
(1) The conversion of existing commercial units in one structure
from single to condominium type ownership.
[S 802.61 Class 2 - Replacement or Reconstruction
[ S 153021 Class 2 includes 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 cai "city more
than 50 %;
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(b) Replacement of a commercial structure with a new structure of
substantially the same size, purpose and capacity;
- (c) Replacement of reconstruction of existing utility systems
and /or facilities involving negligible or no expansion of capacity;
(d) Conversion of overhead electric utility distribution system
facilities to underground including connection to existing overhead electric
utility distribution lines where the surface is restored to the condition existing
prior to the undergrounding.
[ S 802.71 Class 3 - New Construction or Conversion of
Small Structures
[ 153031 Class 3 includes actions and activities consisting of construction and
location of limited numbers of new, small facilities or structures; installation of
small new equipment and facilities in small structures; and the conversion of
existing small structures from one use to another where only minor modifications
are made in the exterior of the structure. The number of structures described in
this Section are the maximum allowable on any legal parcel or to be associated
with a project within a two year period. Examples of this exemption include, but
are not limited to:
(a) Single - family residences not in conjunction with the building of
two or more such units. In urbanized areas, up to three single - family residences
may be constructed or converted under this exemption;
(b) Apartments, duplexes and similar structures, with not more
than four dwelling units if not in conjunction with the building or conversion of
two or more such structures. In urbanized areas, the exemption applies to single
apartments, duplexes and similar small structures designed for not more than six
dwelling units if not constructed in conjunction with the building or conversion of
two or more such structures;
(c) Stores, motels, offices, restaurants and similar small
commercial structures not involving the use of significant amounts of hazardous
substances, if designed for an occupant load of 30 persons or less, if not
constructed in conjunction with the building of two or more such structures. In
urbanized areas, the exemption also applies to commercial buildings on sites
zoned for such use, if designed for an occupant load of 30 persons or less, if not
constructed in conjunction with the building of 4 or more such structures and if
not involving the use of significant amounts of hazardous substances;
(d) Water main, sewage, electrical, gas and other utility extensions
of reasonable length to serve such construction;
(e) Accessory (appurtenant) structures including garages, carports,
patios, swimming pools and fences.
[ § 802.81 Class 4 - Minor Alterations to Land
(� 153041 Class 4 includes actions and activities consisting of minor public or private
alterations in the condition of land, water, and /or vegetation which do not
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involve removal of mature, scenic trees except for forestry and agricultural
purposes. Examples include, but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except
-` that grading shall not be exempt in a waterway, in any wetland, in an officially
designed (by Federal, State or local governmental action) scenic area, or in
officially mapped areas of severe geologic hazard;
(b) New gardening or landscaping;
(c) Filling of earth into previously excavated land with material
compatible with the natural features of the site;
(d) Minor temporary uses of land having negligible or no permanent
effects on the environment, including carnivals, sales of Christmas trees, etc;
(e) Minor trenching and backfilling where the surface is restored;
(f) Creation of bicycle lanes or existing rights-of way.
[ § 802.91 Class 5 - Minor Alterations in Land Use Limitations
[ S 153051 Class 5 includes actions and activites consisting of minor alterations in
land use limitations in areas with an average slope of less than 20%, which do not
result in any changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard and set back variances not
resulting in the creation of any new parcel;
(b) 'Issuance of minor encroachment permits;
Act.
(c) Reversion to acreage in accordance with the Subdivision Map
IS 802.101 Class 6 - Accessory Structures
[ 153111 Class 6 includes 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;
(c) Placement of seasonal or temporary use items such as lifeguard
towers, mobile food units, portable - restrooms or similar items in generally the
same locations from time to time in publicly owned parks, stadiums, or other
facilities designed for public use.
[ § 802.111 Class 7 - Surplus Government Property Sales
[ S 153121 Class 7 includes actions and activities consisting of sales of surplus
government property except for parcels of land located in an area of statewide,
regional, or areawide concern identified in Section 407.2(d). However, even if
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the surplus property to be sold is located in any of those areas, its sale is exempt
if:
(a) The property does not have significant values for wildlife
habitat or other environmental purposes; and
(b) Any of the following conditions exist: (1) the property is of
such size, shape, or inaccessibility that it is incapable of independent
development or use, or (2) the property to be sold would qualify for an exemption
under any other class of categorical exemption in the Guidelines, or (3) the use
of the property and adjacent property has not changed since the time of purchase
by the public agency.
[ § 802.121 Class 8 -Minor Additions to Schools
[ 153141 Class 8 includes 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 ten classrooms, whichever is less. The addition of
portable classrooms is included in this exemption.
[ 9 802.131 Class 9 - Minor Land Divisions
[ S 153151 Class 9 includes actions and activities consisting of the division of
property in urbanized areas zoned for residential, commerical, or industrial use
into four or fewer parcels when the division is in conformance with the General
Plan and zoning, no variances or exceptions are required, all services and access
to the proposed parcels to local standards are available, the parcels was not
involved in a division of a larger parcel within the previous 2 years, and the
parcel does not have an average.slope greater than 20%.
[ 802.141 Class 10 -Transfer of Ownership of Land in
Order to Create Parks
[ 153161 Class 10 includes actions and activities consisting of the acquisition or sale
of land in order to establish a park where the land is in a natural condition or
contains historic sites or archaeological sites and either:
(a) The management plan for the park has not been prepared, or
(b) The management plan proposes to keep the area in a natural
condition or preserve the historic 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.
[ S 802.151 Class 11 - Open Space Contracts or Easements
9 153171 Class 11 includes actions and activities consisting of the establishment of
agricultural preserves, the making and renewing of open space contracts under
the Williamson Act, or the acceptance of easements or fee interests in order to
maintain the open space character of the area. The cancellation of such
preserves, contracts, interests, or easements is not included and will normally be
an action subject to the CEQA process.
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[ § 802.161 Class 12 - Normal Operations of Facilities for
Public Gatherings
[ § 153231 Class 12 includes normal operations of existing facilities for public
gatherings for which the facilities were designed, where there is a past history of
the facility being used for the same or similar kind of purpose. For the purposes
of this Section, "past history" shall mean that the same or similar kind of
activity has been occurring for at least three years and that there is a reasonable
expectation that the future occurrence of the activity would not represent a
change in the operation of the facility. Facilities included within this exemption
include, but are not limited to, racetracks, stadiums, convention centers,
auditoriums, amphitheaters, planetariums, swimming pools, and amusement
parks.
(§ 802.171 Class 13 - Transfers of Ownership of Interest in
Land to Preserve Open Space
[ § 153251 Class 13 includes actions and activities consisting of the transfers of
ownership of interest in land in order to preserve open space. Examples include,
but are not limited to:
(a) Acquisition of areas to preserve the existing natural conditions;
(b) Acquisition of areas to allow continued agricultural use of the
areas;
(c) Acquisition to allow restoration of natural conditions;
(d) Acquisition to prevent encroachment of development into flood
plains.
[ § 802.181 Class 14 - Acquisition of Housing for Housing
Assistance
[ § 153261 Class 14 consists of actions and activities by the Agency, housing
authority, or other public agency to implement an adopted Housing Assistance
Plan by acquiring an interest in housing units. The housing units may be either in
existence or possessing all required permits for construction when the agency
makes its final decision to acquire the units.
[ § 802.191 Class 15 - Leasing New Facilities
[ § 153271 Class 15 consists of the leasing of a newly constructed or previously
unoccupied privately -owned facility by a local or state agency where the local
governing authority determined that the building was exempt from CEQA. To be
exempt under this Section, the proposed use of the facility:
(a) Shall be in conformance with existing State plans and policies
and with general, community, and specific plans for which an EIR or Negative
Declaration has been prepared;
(b) Shall be substantially the same as that originally proposed at
the time the building permit was issued;
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(c) Shall not result in a traffic increase of greater than 10% of
front access road capacity; and
(d) Shall include the provision of adequate employee and visitor
parking facilities.
Examples of this exemption include but are not limited to:
(a) Leasing of administrative offices in newly constructed office
space;
(b) Leasing of client service offices in newly constructed retail
space;
(c) Leasing of administrative and /or client service offices in newly
constructed industrial parks.
[ 9 802.201 Class 16 - Cogeneration Projects at Existing
Facilities
[ S 153291 Class 16 consists of the installation of cogeneration equipment with a
capacity of 50 megawatts or less at existing facilities meeting the conditions
described in this Section.
(a) At existing industrial facilities, the installation of cogeneration
facilities will be exempt where it will: (1) Result in no net increases in air
emissions from the industrial facility, or will produce emissions lower than the
amount that would require review under the new source review rules applicable
in the county; and (2) Comply with all applicable state, federal, and local air
quality laws.
(b) At commercial and industrial facilities, the installation of
cogeneration facilities will be exempt if the installation will: (1) Meet all the
criteria described in paragraph (a); (2) Result in no noticeable increase in noise
to nearby residential structures; and (3) Be contiguous to other commercial or
institutional structures.
IX. [ § 9001 ARCHAEOLOGICAL IMPACTS
[ 9011 Significant Effects on Archaeological Resources
[ Appendix K CEQA applies to effects on historic and prehistoric archaeological
resources.
The Agency should seek to avoid damaging effects on an archaeological
resource whenever feasible. If avoidance is not feasible, the importance of the'
site shall be evaluated using the criteria outlined below.
(a) In -situ preservation of a site is the preferred manner of
avoiding damage to archaeological resources. Preserving the site is more
important than preserving the artifacts alone because the relationship of the
artifacts to each other in the site provides valuable information that can be lost
when the artifacts are removed. Further, preserving the site keeps it available
-47-
for more sophisticated future research methods. Preservation may also avoid
conflict with religious or cultural values or groups associated with the site.
(b) Avoiding damage may be accomplished by many approaches,
- including: (1) Planning construction to miss archaeological sites; (2) Planning
parks, greenspace, or other open space to incorporate archaeological sites; (3)
"Capping" or covering archeological sites with a layer of soil before building
tennis courts, parking lots, or similar facilities. Capping may be used where the
soils to be covered will not suffer serious compaction, the covering materials are
not chemically serious, the site is one in which the natural processes of
deterioration have been effectively arrested, and the site has been recorded; (4)
Deeding archaeological sites into permanent conservation easements.
If the Agency determines that a Project or implementation activity may
affect an archaeological resource, the Agency shall determine whether the
effect may be a significant effect on the environment. If the Project or activity
may cause damage to an important archaeological resource, the Project may
have a significant effect on the environment. For the purposes of CEQA, an
"important archaeological resource" is one which:
(a) Is associated with an event or person of (1) Recognized
significance in California or American history, or (2) Recognized scientific
importance in prehistory;
(b) Can provide information which is both of demonstrable public
interest and useful in addressing scientifically consequential and reasonable
archaeological research questions;
(c) Has a special or particular quality such as oldest, best example,
largest, or last surviving example of its kinds;
(d) Is at least 100 years old and possesses substantial stratigraphic
integrity; or
(e) Involves important research questions that historical research
has shown can be answered only with archaeological methods.
If an archaeological resource is not an important archaeological resource,
both the resource and the effect on it shall be noted in the Initial Study or EIR
but need not be considered further in the CEQA process.
If avoidance of the important archaeological resource is not feasible, the
Agency should include an excavation plan for mitigating the effect of the
Project or implementation activity on the qualities which make the resource
important under paragraph (a) through (e) above.
(a) If an excavation plan is prepared, it shall (1) Be a brief
summary of the excavation proposed as part of a mitigation plan, (2) Be available
for review only on a need -to -know basis, (3) Not include the specific location of
any archaeological resources if the plan will be made known to the general
public.
(b) An excavation plan may (1) List and briefly discuss the
important information the archaeological resources contain or are likely to
MO
contain, (2) Explain how the information should be recovered to be useful in
addressing scientifically valid research questions and other concerns identified,
(3) Explain the methods of analysis and, if feasible, display of excavated
materials, (4) Provide ' for final report preparation and distribution, (5) Explain
the estimated cost of and time required to complete all activities undertaken
under the plan.
(c) The Agency may require a mitigation plan to be carried out as a
condition of approval of the Project or implementation activity.
The Agency following federal clearance process under the National
Historic Preservation Act or the National Environmental Policy Act may use the
documentation prepared under the federal guidelines in the place of
documentation called for in this Section.
[ § 9021 Limitations on Mitigation
Special rules apply to mitigating significant effects on important
archaeological resources.
(a) If it is not feasible to revise the Project or implementation
activity to avoid an important archaeological resource, the Agency shall require
the land developer to guarantee to pay one half of the cost of mitigating the
significant effect of the implementation activity on important archaeological
resources. In determining the payment to be required from the developer, the
Agency shall consider the in -kind value of design or expenditures intended to
permit any or all important archaeological resources or California Native
American culturally significant sites to be undisturbed or preserved in place.
Consideration of in -kind values does not require a dollar for dollar set -off
against the payment by the developer. In deciding on an appropriate set -off, the
Agency shall consider such factors as whether the design or expenditures would
provide other benefits to the developer and whether the design or expenditures
required special changes in the development plans.
(b) When it decides to carry out or approve the Project or
implementation activity, the Agency shall, if necessary, reduce the mitigation
measures specified in the EIR to those which can be funded with (1) the money
guaranteed by the developer, and (2) money voluntarily guaranteed by any other
person or persons for the mitigation.
(c) In order to allow time for interested persons to provide a
voluntary funding guarantee, the Agency shall not decide to carry out or approve
a Project having a significant effect on important archaeological resources until
60 days after completing the final EIR on the Project. In no event shall the
Agency require a developer to pay more for mitigation within the site of the
Project than the following amounts (1) one half of one percent of the projected
- cost of the development, if the development is a commercial or industrial
development, or (2) three fourths of one percent of the projected cost of the
development for a housing development consisting of one unit. If a housing
development consists of more than one unit, three fourths of one percent of the
projected cost of the first unit plus the sum of the following: (1) $200 per unit
for any of the next 99 units, (2) $150 per unit for any of the next 400 units, (3)
$100 per unit for units in excess of 500.
-49-
(d) Unless special or unusual circumstances warrant an exception,
the field excavation phase of an approved mitigation plan shall be completed
within 90 days after the developer receives the final approval necessary to begin
physical development. With a phased development, the mitigation measures shall
be completed within 90 days after approval is granted for the phased portion to
which the specific mitigation measures apply. The developer can elect to extend
the time limits for completing the field excavation phase of the approved
mitigation plan. A mitigation plan shall not authorize violation of any law
protecting American Indian cemeteries.
(e) Excavation as part of a mitigation plan shall be restricted to
those parts of an important archaeological resource that would be damaged or
destroyed by the Project or implementation activity, unless special
circumstances require limited excavation of an immediately adjacent area in
order to develop important information about the part of the resource that would
be destroyed.
(f) Excavation as mitigation shall not be required for an important
archaeological resource if the Agency determines that testing or studies already
completed have adequately recovered the scientifically consequential
information from and about the resource, provided that the determination is
documented in the EIR.
(g) The limitations on mitigation shall not apply to (1) a public
development if the Agency decides to comply with other provisions of CEQA
that apply to mitigation of significant effects, and (2) private development if the
applicant and the Agency jointly elect to comply with other provisions of CEQA
that apply to mitigation of significant effects.
(h) The time and cost limitations described in this Section do not
apply to surveys and site evaluation activities intended to determine whether the
Project or activity location contains archaeological resources, and if so, whether
the archaeological resources are important as defined in this Section.
[ § 9031 Discovery of Human Remains
(a) In the event of discovery or recognition of any human remains in any
location other than a dedicated cemetery, there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains until: (1) The coroner of the Countv has been informed
and has determined that no investigation of the cause of death is required; and
(2) If the remains are of Native American origin, the descendants from the
deceased Native Americans have made a recommendation to the landowner or
the person responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains and any associated
grave goods as provided in Public Resources Code Section 5097.98, or the Native
American Heritage Commission was unable to identify a descendant or the
descendant failed to make a recommendation within 24 hours after being notified
by the Commission.
(b) Where the following conditions occur, the landowner or his authorized
representative shall reinter the Native American human remains and associated
grave goods with appropriate dignity on the property in a location not subject to
further subsurface disturbance: (1) The Native American Heritage Commission
-50-
is unable to identify a descendant; (2) The descendant identified fails to make a
recommendation; or (3) The landowner or his authorized representative rejects
the recommendation of the descendant, and the mediation by the Native
x. American Heritage Commission fails to provide measures acceptable to the
landowner.
(e) If the human remains are discovered before the Agency has finished
the CEQA process, the Agency shall work with the Native American Heritage
Commission and the developer to develop an agreement for treating or disposing,
with appropriate dignity, of the human remains and any associated grave goods.
Action implementing such an agreement is exempt from: (1) The general
prohibition on disinterring, disturbing, or removing human remains from any
location other than a dedicated cemetery (Health and Safety Code Section
7050.5); and (2) The requirements of CEQA and the Coastal Act.
In the event that archaeological sites are accidentally discovered during
construction, there shall be an immediate evaluation of the find. If the find is
determined to be an important archaeological resource, contingency funding and
a time allotment sufficient to allow recovering an archaeological sample or to
employ one of the avoidance measures shall be available. Construction work
may continue on other parts of the building site while archaeological mitigation
takes place.
X. [§10001 PROJECTS ALSO SUBJECT TO NATIONAL ENVIRONMENTAL
POLICY ACT (NEPA)
[ 9 10011 General
[ § 152201 This Section 1000 applies to Projects or implementation activities that are
subject to both CEQA and NEPA. NEPA applies to Projects or implementation
activities which are carried out, financed, or approved in whole or in part by
federal agencies. Accordingly, this Section applies to Projects or
implementation activities which involve the Agency and one or more federal
agencies. As used in this Section 1000, "EIR" means and includes an
Environmental Impact Report and any Supplements and Addenda thereto.
[ § 1002) NEPA Document Readv Before CEQA Document
[ § 152211 When a Project or implementation activity will require compliance with
both CEQA and NEPA, the Agency should use the EIS or finding of no significant
impact rather than preparing an EIR, Negative Declaration or other
environmental document if the following two conditions occur:
(a) An EIS or finding of no significant impact will be prepared
before an EIR or Negative Declaration would otherwise be completed for the
Project or implementation activity; and
(b) The EIS or finding of no significant impact complies with the
provisions of these Procedures.
Because NEPA does not require separate discussion of mitigation measures
or growth inducing impacts, these points of analysis will need to be added,
supplemented, or identified before the EIS can be used as an EIR.
-51-
[ § 10031 Preparation of Joint Doc uments
[ § 152221 If the Agency finds that an EIS or finding of no significant impact for a
Plan Amendment or implementation activity would not be prepared by the
federal agency by the time when the Agency will need to consider an EIR or
Negative Declaration, the Agency should try to prepare a combined EIR -EIS or
Negative Declaration- finding of no significant impact. To avoid the need for the
federal agency to prepare a separate document for the same Project or activity,
the Agency must involve the federal agency in the preparation of the joint
document. This involvement is necessary because federal law generally prohibits
a federal agency from using an EIR prepared by a state agency unless the federal
agency was involved in the preparation of the document.
[ § 10041 Consultation With Federal Agencies
(§ 152231 When it plans to use an EIS or finding of no significant impact or to prepare
such a document jointly with a federal agency, the Agency shall consult as soon
as possible with the federal agency.
[ § 10051 Circulation of Documents
[ § 152251 Where the federal agency circulated the EIS or finding of no significant
impact for public review as broadly as state or local law may require and gave
notice meeting the standards in Section 406 or 503.3, the Agency under CEQA
may use the federal document in the place of an EIR or Negative Declaration
without recirculating the federal document for public review. One review and
comment period is enough. Prior to using the federal document in this situation,
the Agency shall give notice that it will use the federal document in the place of
an EIR or Negative Declaration and that it believes that the federal document
meets the requirements of CEQA. The notice shall be given in the same manner
as a notice of the public availability of a Draft EIR under Section 406.
[ § 10061 Joint Activities
[ § 152261 The Agency should cooperate with federal agencies to the fullest extent
possible to reduce duplication between the California Environmental Quality Act
and the National Environmental Policy Act. Such cooperation should, to the
fullest extent possible, include:
(a) Joint planning processes,
(b) Joint environmental research and studies,
(c) Joint public hearings,
(d) Joint environmental documents.
[ § 10071 Where Federal Agency Will Not Cooperate
[ § 152281 Where a federal agency will not cooperate in the preparation of joint
document and will require separate NEPA compliance for the Project or
implementation activity at a later time, the Agency should persist in efforts to
cooperate with the federal agency. Because NEPA expressly allows federal
agencies to use environmental documents prepared by an agency of statewide
-52-
jurisdiction, the Agency should try to involve a state agency in helping prepare
an EIR or Negative Declaration for the Project or implementation activity. In
this way there will be a greater chance that the federal agency may later use the
CEQA document and not require the applicant to pay for preparation of a second
document to meet NEPA requirements at a later time.
XI. [ 11001 WHEN AGENCY ACTING AS RESPONSIBLE AGENCY SHIFTS
TO LEAD AGENCY
[ S 150521 Where the Agency is determined to be a Responsible Agency for an
implementation activity, and is called on to grant an approvel for the activity
subject to CEQA for which another public agency was the appropriate Lead
Agency, the Agency shall begin to act as the Lead Agency when any of the
following conditions occur:
(a) The Lead Agency did not prepare any environmental documents
for the action, and the statute of limitations has expired for a challenge to the
action of the appropriate Lead Agency.
(b) The Lead Agency prepared environmental documents for the
action but the following conditions occur: (1) A Subsequent EIR is required
pursuant to Section 504.1; (2) The Lead Agency has granted a final approval for
the action; and (3) The statute of limitations for challenging the Lead Agency's
action under CEQA has expired.
(c) The Lead Age
documents without 'consulting with
and the statute of limitations has
appropriate Lead Agency. When
Agency under this Section, the ti
apply to the actions of the Agency.
Icy prepared inadequate environmental
the Agency as required by these Procedures
expired for a challenge to the action of the
the Agency assumes the duties of a Lead
ne limits applicable to a Lead Agency shall
XI. N12001 TIME LIMITS ON AGENCY ACTIONS UNDER CEQA
[ 9 12011 General
[ S 151001 The Agency should carry out its responsibilities for preparing and
thru reviewing EIRs within a reasonable period of time. The requirement for the
[ S 151111 preparation of an EIR should not cause undue delays in the processing of
applications for permits or other entitlements to use. When and if circumstances
arise where time limits set out in CEQA and the Guidelines for making certain
determinations and completing certain environmental documents are determined
by the Agency to be applicable to Agency actions and activities the Agency shall
comply with all such applicable provisions.
[ S 12021 Response to Notice of Preparation
[ 5 151031 Responsible Agencies and Trustee Agencies shall provide a response to a
Notice of Preparation to the Agency within 30 days after receipt of the notice.
If a Responsible Agency fails to reply within the 30 days with either a response
or a well justified request for additional time, the Agency may assume that the
Responsible Agency has no response to make and may ignore a late response.
-53-
[ 12031 Convening of Meetings
[ 151041 The Agency shall convene a meeting with Agency representatives to
discuss the scope and content of the environmental information a Responsible
Agency will need in the EIR as soon as possible, but no later than 30 days after
receiving a request for the meeting. The meeting may be requested by the
Agency, a Responsible Agency or a Trustee Agency.
[ S 12041 Public Review Period
( 5 151051 (a) The public review period for a Draft EIR should be not less than 30
days nor longer than 90 days except in unusual circumstances.
(b) The public review period for a Negative Declaration shall be a
reasonable period of time sufficient to allow members of the public to respond to
the proposed finding before the Negative Declaration is approved.
(c) If a Draft EIR or Negative Declaration has been submitted to the
State Clearinghouse for review by state agencies, the public review period shall
be at least as long as the review period established by the State Clearinghouse.
[ 12051 Review By State Agencies
[ 151061 When a Draft EIR or Negative Declaration is submitted to the State
Clearinghouse for review, the normal review period is 45 days for Draft EIRs and
30 days for Negative Declarations. The State Clearinghouse may set shorter
review periods when requested by the Agency due to exceptional circumstances.
[ S 12061 Statutes of Limitation
[ § 151121 The statute of limitations periods under CEQA are as follows:
(a) Where the Agency filed a Notice of Determination in
compliance with Sections 414, 503.7, 504.8, 505, 506, 507 or 700, thirty days
after the filing of the Notice and the posting on a list of such notices.
(b) Where the Agency filed a Notice of Exemption in compliance
with Section 501.2, thirty -five days after the filing of the Notice and the posting
on a list of such notices.
(c) Where none of the other statute of limitations periods in this
Section apply, 180 days after either (1) the City Council's adoption of a Plan or
the Agency's and /or City Council's decision to carry out or approve an
implementation activity, or (2) commencement of the Project or implementation
activity if the Project or implementation activity is undertaken without a formal
decision by the Agency and /or City Council.
I, Linda D. Roberts, Secretary of the Anaheim Redevelopment Agency do hereby certify
-hat the foregoing "Procedures for Implementation of the California Environmental Quality
Act and the State CEQA Guidelines" (consisting of fifty -four (54) pages and appendices A
through F) , were adopted by Resolution No. ARA84- /0 on the e2G ? day of
1984.
ANAHEIM REDEVELOPMENT AGENCY
By
Li.n a D. Roberts _
-54- Secretary
APPENDIX A
NOTICE OF PREPARATION
TO: FROM:
Responsible Agency Agency
Address
Address
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 identified below. We need to know
the views of your Agency as to the scope and content of the environmental
information which is germane to your Agency's statutory responsibilities in
connection with the proposed Project. Your Agency will need to use the EIR
prepared by our Agency when considering your permit or other approval for the
Project.
The Project description, location, and the probable environmental effects are
contained in the attached materials. A copy of the Initial Study _ is, _ is not,
attached.
Due to the time limits mandated by State law, your response must be sent at
the earliest possible date but not later than 30 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
APPENDIX B
NOTICE OF COMPLETION
State of California
The Resources Agency
SECRETARY FOR RESOURCES
1416 Ninth Street, Room 1311
Sacramento, California 95814
Project Title
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency Division
Address Where a Copy of EIR is Available
Review Period
Contact Person Area Code Phone Extension
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STATLITORY AUTHORITY OF STATE
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DEPARTMENTS
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c
.q
X
X
X
16
X
1
1 Air quality and air pollution control
2 Chemical contamination and food
X
I
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1 X I
acts
3 Coastal areas, wetlands, estuaries,
26
1
7
waterfowl refuges, and beaches
4 Congestion in urban areas, housing and
24
(
8
I
X
X
1
building displacement
I
X I
I
I
I
I
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S Disease control
X
X
L
6 Electric energy generation and supply
7 Environmental effects with special impact
9
X
X
X
in low- income neighborhoods
X
Ix
8 Flood plains and watersheds
X 1
1
7
1XI
9 Food additives and food sanitation
X I
X I
I
1
11
X 1
10 Herbicides
X
1
11 Historic and archaeological sites
X
( X 1
I
I
21
12 Human ecolo
X
X1
13 Microhioloxicai contamination
I
14 Mineral land reclamation
Natural gas energy development
generation and supply
16
I
10
1
X
16 Navigable airways
25
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I
I
17 Navi le waterways
X
I
X1
X
I
1 19 Noise control and abatement
14 Parks, forests, trees and outdoor
ZS
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X
recreation areas
X
I
I X
I
X
120 Pesticides
X
(
X
21 Radiation and radiological health
24
1
11
1
1 X
I X
I X
I X
I X
1
122 Regional comprehensive plannin
I
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X
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k
123 Rodent control
i
I
X
3
124 Sanitation and waste systems
I
I
X
25 5 heiLlish sanitation
26 Soil and plant life, sedimentation,
X
erosion and hydrologic conditions
i
I
X
X
X
27 Toxic materials
Transportation .and handling of
X
I
X
X
4
I hazardous materials
29 Water quality and water pollution
X
X
control
12
3
30 Fish and wildlife
31 Activities with special impact on
23
13
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reg ional jurisdictions
1 24
1
1
I
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132 Water project formulation
124 I
3 term energy
34 Oil and petroleum development,
gen eration and supply
33 Statewide land use patterns
24
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37 Statewide overview - cumulative
X,
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impact of separate projects
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38 Seismic Hazards
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27
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1 Air quality and air pollution control
2 Chemical contamination and food
X
X
14
products
3 Coastal areas, wetlands, estuaries,
X
X
X
X
X
X
14
27
26
X
waterfowl refuges, and beaches
4 Congestion in urban areas, housing and
21
27
26
building displacement
X
1
22
X 1
1
114
1
3 Disease control
X
X
Z3
X I
X 1
114
1
261
X 1
6 Electric energy generation and supply
7 Environmental effects with special impact,
19
I
in low- income neighborhoods
X
20
X
X
X
X
14
27126
1
8 Flood plains and watersheds
9 Food additives and food sanitation
X
X
22
X
14
10 Herbicides
X
X
X
27126
11 Historic and archaeological sites
X
X
X
27126
. Human ecology
y
X
i
X
1
14
13 Microbiological contain ination
X
X
I
X
X 1
27126
1
14 Mineral land reclamation
15 Natural gas energy development
X
13
X
X
26
g eneration and supply
16
16 Navigable airways
20
X
I
I X
lk
1271
X 1
17 Navigable waterways
17
oe control and abatement
s
X
X
X
X
14
26
X
19 Parks, forests, trees and outdoor
X
recreation areas
X
X
X
22
X
20 Pesticides
X
X
1411
21 Radiation and radiological health
X
X
X
X
X
X
X
X
27
26
X
22 Re gional comprehensive planning
X
22
X
Rodent control
X
X
X
18
X
14
26
24 Sanit and waste systems
X
X
23 Shellfish sanitation
26 Soil and plant life, sedimentation,
X
X
X
X
X
X
!4
27
26
erosion and hydrologic conditions
X
X
X
X
14
27 Toxic materials
28 Transportation and handling of
X
X
X
hazardous materials
X
X
14
27
26
X
29 Water quality and water pollution
X
X
control
21
X
X
14
27
26
30 Fish and wildlife
31 Activities with special impact on
X
Z0
X
14
27
26
regional jurisdictions
X
X
20
1 X
123LX
I
X
1 3 Water project formulation
X
21
X
X
X
X
14
33 Geothermal energy
26
34 Oil and petroleum development,
21
X
X
X
X
oration and supply
X
7-X(
I
I
X
X
X
1 27
261
1 35 Statewide land use patterns
X
I XX
X
X
27
26
i
36 Open Space policy
37 Statewide overview - cumulative
X
impact of separate projects
I
X'
I
I X
I X
271
261
1 38 Seismic Hazards
—2—
APPENDIX C FOOTNOTES:
No.
1. Food and Agriculture - Effects on plants and animals.
2. Food and Agriculture - Protection of food and fiber.
3. Food and Agriculture - Agricultural, dairy and feed lot systems.
4. Food and Agriculture - As pertains to transportation, handling, storage and decontamination of pesticides.
5. Food and Agriculture - Pesticide effects, predatory animal control, bird control.
6. California IlRghway Patrol - Enforcement of motor vehicle regulations.
7. Health Services - Beach sanitation, water ooilution, solid waste and mosquito control.
8. Health Services - Pertains to health component.
9. Health Services - Most of these are strongly related to health.
10. Health Services - Pertains to noise.
11. Health Services - Pertains to personal and environmental health components
12. Health Services - As it may pertain to human health hazards.
13. Health Services - Pertains to comprehensive health planning.
14. Colorado River Board - As pertains to the Colorado, New and Alamo Rivers.
15. Fish and Game - As field development and distribution systems may affect fish and wildlife.
16. Fish and Game - As may affect migrating and resident wildlife.
17. Fish and Game - As excessive noise may affect wildlife.
18. Fish and Game - As water quality may affect fish and wildlife.
19. Parka and Recreation - In impacted areas only.
20. Reclamation Board - In areas of Board's jurisdiction only - the Sacramento -San Joaquin Valley.
21. State Water Resources Control Board - As m,.y pertain to water quality.
22. Forestry - With respect to forest land.
23. Forestry - (6) and (32) - As related to fire protection or State (fire protection) responsibility land.
24. Air Resources Board - (4), (22), (32), (33), and (36) - As may pertain to residential, commercial, industrial or
transportation growth.
26. San Francisco Bav Conservation and Development Commission - (3), (17), (19), and (30) - With respect to San
Francisco Bav, Suisun Bav and adjacent shore areas.
26. California Coastal Commission - (3), (4), (6), (8), (11), (12), (14), (15), (17), (19), (22), (23), (26), (29), (30), (30,
(34), (33), and (36) - With respect to effects within the California Coastal Zone.
27. California Tahoe Regional Planning Agency - With respect to effects in the Tahoe Basin.
28. Native American Heritage Commission - With respect to places of special religious or social significance to
Native Americans including archaeological sites, cemeteries, and places of worship.
NOTE: Authoritv cited: Section 21083, Public Resources Code; Reference: Sections 21080.3, 21080.4, 21104, and
21153, Public Resources Code.
-3-
APPENDIX D
NOTICE OF DETERMINATION
TO:
County Clerk
County of _
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95814
SUBJECT: Filing of Notice of Determination in Compliance With Section 21108 or 21152 of
the Public Resources Code
Project Title
State Clearinghouse Number If Submitted to State Clearinghouse)
Contact Person Telephone No.
Project Location
Project Description
This is to advise that the (Agency)
has made the following determinations regarding the above described project:
1. The project has been _ approved, _ disapproved, by the City Council.
2. The project _ will, _ will not, have a significant effect on the environment.
3. An Environmental Impact Report was prepared for this project pursuant to the
provisions of CEQA.
A Subsequent Environmental Impact Report was prepared for this project.
An Environmental Impact Report prepared for an earlier project was
determined to be adequate and shall be used for this project pursuant to the
provisions of CEQA.
A Negative Declaration was prepared for this project pursuant to the
provisions of CEQA.
A Supplement to Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA
An Addendum to Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA.
The project will not result in significant effects on the environment other than
those identified in the EIR, therefore no Subsequent EIR, Supplement to EIR,
Addendum to EIR or Negative Declaration is required.
The environmental assessment document and record of project approval may
be examined at
4. Mitigation measures _ were, _ were not, made a condition of the approval of the
project.
5. A Statement of Overriding Considerations _ was, _ was not, adopted for this
project.
Date Received for Filing:
(Signature)
FROM:
Title
APPENDIX E
NOTICE OF EXEMPTION
TO:
County Clerk
County of _
FROM:
CONTACT PERSON:
TELEPHONE:
Project Title
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project Implementation
Action
Name of Public Agency Approving Project Implementation Action
Name of Person or Agency Carrying Out Project Implementation Action
Exempt Status: (Check One
Declared Emergency (9 15269)
Categorical Exemption (State Type and Section Number)
Reasons Why Project Implementation Action is Exempt:
Date Received for Filing:
Signature
Title
APPENDIX F
INITIAL STUDY
(Environmental Information and Checklist Form)
I. GENERAL INFORMATION
1. Name and address of Agency:
2. Address of Project:
Assessor's Block and Lot Number
3. Name, address, and telephone number of person to be contacted concerning this
project:
4. Indicate number of the permit application (if any) for the development to which
this form pertains:
5. List and describe any other related permits and other public approvals required
for this project, including those required by city, regional, state and federal
agencies:
6. Existing zoning district:
7. Proposed use of site for which this form is filed:
II. DESCRIPTION OF DEVELOPMENT
1. Site size.
2. Square footage.
3. Number of floors of construction.
4. Amount of off - street parking provided.
5. Attach plans.
6. Proposed scheduling.
7. Associated developments.
8. Anticipated incremental development.
9. If residential, include the number of units, schedule of unit sizes, range of sale
prices or rents, and type of household size expected.
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1 "M
10. If commercial, indicate the type, whether neighborhood, city or regionally
oriented, square footage of sales area, and loading facilities.
ll. 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.
ENVIRONMENTAL CHANGES
Are the following items applicable to the project activity 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 substantial 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 alteration of existing drainage patterns.
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, sewer, etc.).
_ ll. Substantially increase fossil fuel consumption (electricity, oil,
natural gas, etc.).
12. Relationship to larger development or series of developments.
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IV. ENVIRONMENTAL SETTING
1. Describe the project or development site as it existed 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 information on plans and animals
and any cultural, historical or scenic aspects. Indicate the type of land use
(residential, commercial, etc.), intensity of land use (one - family, apartment
house, shops, department stores, etc.), and scale development (height, frontage,
set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots, 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 structures?
b. Disruption, displacements, compaction or
overcovering of the soil?
C. Change in topography or ground surface relief
features?
d. The destruction, covering or modification of
any unique geologic or physical features? _
e. Any increase in wind or water erosion of soils,
either on or off the site.
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay, inlet or lake?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud-
slides, ground failure, or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of
ambient air quality? _
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YES MAYBE NO
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
3. Water. Will the proposal result in:
a. Changes in currents, or the course or direction
of water movements, in either marine or fresh
waters?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of surface
water runoff?
c . Alterations to the course or flow of flood
waters?
d. Change in the amount of surface water in any
water body?
e. Discharge into surface waters, or in any
alteration of surface water quality, including
but not limited to temperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or rate of flow of
ground water?
g. Change in the quantity of ground waters,
either through direct additions or withdrawals,
or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of water
otherwise available for public water supplies?
i. Exposure of people or property to water
related hazards such as flooding or tidal
waves?
j. Significant changes in the temperature, flow,
or chemical content of surface thermal
springs?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
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YES MAYBE NO
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
C. Introduction of new species of plants into an
area, or in a barrier to the normal
replenishment of existing species?
d. Reduction in acreage of any agricultural crop?
5. Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers
of any species of animals (birds, land animals
including reptiles, fish and shellfish, benthic
organisms, 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. Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new
light or glare?
8. Land Use. Will the proposal result in a substantial
alteration of the present or planned use of an area?
9. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
10. Risk of Upset. Will the proposal involve:
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YES MAYBE NO
a. A risk of an explosion or the release of
hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or upset
conditions?
b. Possible interference with an emergency
response plan or an emergency evacuation
plan?
ll. Population. Will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area?
12. Housing. Will the proposal affect existing housing,
or create a demand for additional housing?
13. Transportation /Circulation. Will the proposal result
in:
a. Generation of substantial additional vehicular
movement?
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?
14. Public Services. Will the proposal have an effect
upon, or result in a need for new or altered
governmental services in any of the following areas:
a. Fire protection?
b. Police protection?
C. Schools?
d. Parks or other recreational facilities?
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YES MAYBE NO
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
15. Energy. 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?
16. Utilities. Will the proposal result in a need for new
systems, or substantial alterations to the following
utilities:
a. Power or natural gas?
b. Communications systems?
C. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
18. Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open to the
public, or will the proposal result in the creation of
an aesthetically offensive site open to public view?
19. Recreation. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunties?
20. Cultural Resources.
a. Will the proposal result in the alteration of or
the destruction of a prehistoric or historic
archaeological site?
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YES MAYBE NO
b. Will the proposal result in adverse physical or
aesthetic effects to a prehistoric or historic
building, structure, or object?
C. Does the proposal have the potential to cause
a physical change which would affect unique
ethnic cultural values?
d. Will the proposal restrict existing religious or
sacred uses within the potential impact area?
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number of or restrict the range of a rare
or endangered plant or animal or eliminate
important examples of the major periods- of
California history or prehistory?
b. Does the project have the potential to achieve
short -term, to the disadvantage of long term,
environmental goals? (A short -term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long -term impacts will endure well into
the future.)
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 relatively small, but where
the effect of the total of those impacts on the
environment is significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
VI. DISCUSSION OF ENVIRONMENTAL EVALUATION
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VII. DETERMINATION
On the basis of this initial evaluation:
I find the proposed action COULD NOT HAVE a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
_ I find that although the proposed action COULD HAVE a significant effect on
the environment, there WILL NOT BE a significant effect in this case because
the mitigation measures described on the attached sheet have been added to
the project. A NEGATIVE DECLARATION will be prepared.
_ I find the proposed action MAY HAVE a significant effect on the environment
which will require important revisions in the previous EIR because of new
significant environmental impacts not considered or covered in the previous
EIR. A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT will be prepared.
_ I find that the proposed action MAY HAVE a significant effect on the
environment, but only minor additions or changes are necessary to make the
previous EIR adequate. A SUPPLEMENT TO ENVIRONMENTAL IMPACT
REPORT will be prepared.
I find that the proposed action MAY HAVE a significant effect on the
environment, but only minor technical changes or additions are necessary to
make the previous Environmental Impact Report adequate. An ADDENDUM
TO ENVIRONMENTAL IMPACT REPORT will be prepared.
_ I find that the proposed action WILL NOT HAVE any significant effect on the
environment other than as identified in the previous 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, SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT,
or an ADDENDUM 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 information required for this initial evaluation to the best of
my ability, and that the facts, statements, and information presented are true and correct
to the best of my knowledge and belief.
Date:
(Signature)
Appendix F
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