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ARA1986-021RESOLUTION NO. ARA86 - -21 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 (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 California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: 1. The "Procedures for Implementation of the California Environmental Quality Act and the State CEQA Guidelines" dated June 1986, attached hereto as Exhibit " A " and incorporated herein by this reference, are hereby adopted. 2. 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. 3. 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adopted for the implementation of the California Environmental Quality Act and the State CEQA Guidelines are hereby superseded and replaced by these Procedures.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 Anaheim Redevelopment Agency this ATTEST: CHAIRMAN ANAHEIM REDEVELOPMENT AGENCY is approved and adopted by the 12th da of August, 1 G. /G CHAIRMAN ANAHEIM REDEVELOPMENT AGENCY MES:fm 5594M 072886 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA86 -21 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 15th day of August, 1986, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Overholt, Bay, Pickler and Roth NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Kaywood AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 15th day of August, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of August, 1986. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) .a ANAHEIM REDEVELOPMENT AGENCY e; PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE STATE CEQA GUIDELINES JUNE, 1986 l : I. II. -i- TABLE OF CONTENTS PAGE [ 5 1001 GENERAL 1 [ 5 1011 Purpose 1 [ S 1021 Lead Agencv 1 [ S 1031 Redevelopment Project Is a Single Project 1 [ S 1041 Authoritv 1 (5 2001 DEFINITIO -RS 2 [ S 2011 Agency 2 [ 5 2021 Approval 2 [ S 2031 Project 2 [S 2041 Public Agencv 2 [ S 2051 Decision - ?flaking Bodv 2 [ S 2061 Discretionary Action 2 [ S 2071 Effects and Impacts 2 [ S 2081 Emergency 3 [ S 2091 Environment 3 [ S 2101 Environmental Documents 3 (S 2111 Environmental Impact Report (EIR) 3 (S 2121 Enviromental Impact Statement (EIS) 3 [ 5 2131 Feasible 4 [ S 2141 Initial Study 4 [S 2151 Subsequent EIR 4 [ S 2161 Negative Declaration 4 [ S 2171 Supplement to EIR 4 [ S 2181 Addendum to EIR 4 [ S 2191 Program EIR 4 [ 5 2201 Notice of Preparation 5 [ S 2211 Notice of Completion 5 -i- PAGE III. IV. [ § 2221 Notice of Determination 3 [ § 2231 Notice of Exemotion 5 IS 2241 Significant Effect on the Environment 5 IS 2251 Statutory Exemption or Categorical Exemption 5 IS 2261 Cumulative Impacts 6 [ 2271 Mitigation 6 [ 9 2281 Jurisdiction by Law 6 [ 5 2291 Resnonsible Agency 6 [ 5 2301 Trustee Aizenev 6 [S 2311 State Agency [ S 2321 Person 7 [ § 2331 Urbanized Area 7 [ 9 2341 Substantial Evidence 7 IS 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF 7 PROJECT ON ENVIRONMENT [ 5 3011 Criteria for Determining Significant Adverse 7 Environmental Effects [ S 3021 'Mandatory Findings of Significance 10 [ 5 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF 10 EIRS FOR NEW REDEVELOPMENT PROJECTS [ § 4011 General 10 [ S 4021 Determination of Scope of EIR 11 [ S 402.11 Notice of Preparation 11 [ S 402.21 State Clearinghouse 11 IS 402.31 Response to Notice of Preparation 11 [ 9 402.41 Meetings 12 IS 402.51 Early Public Consultation 12 [ S 4031 Preparation of Draft EIR 12 [ 5 4041 Notice of Completion 13 -ii- PAGE V. [ 5 4051 C unsultation Concerning Draft EIR 13 [ 5 4061 Public Notice and Review of Draft EIR 13 [ 5 4071 Review by State Agencies 14 [ 5 407.11 Submission 14 [ 5 407.21 Projects of Statewide. Regional or Areawide 15 Significance [ 5 4081 Public Hearing IS 154091 Evaluation of and Response to Comments 17 [ 5 4101 Final EIR 17 [5 410.11 Preparation of Final EIR 17 ( 5 410.21 Certification of Final EIR 17 [ 5 4111 Findings by the agency and the City Council Re 18 Significant Effects of Plan [ 5 4121 Statement of Overriding Considerations 18 [§4131 Approval of Project 18 [ 5 4141 Notice of Determination 19 [ 5 4151 Disposition of Final EIR 20 [§4161 Delegation of Responsibilities 20 [ 5 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF 21 NEGATIVE DECLARATIONS. SUBSEQUENT EIRS, SUPPLEMENTS TO EIRS OR ADDENDA TO EIRS [ 5 5011 Exemptions From CEQA 21 [ 5 501.11 Determination of Exemption 21 [ 5 501.21 Notice of Exemption 21 [ 5 5021 Initial Study 21 [ 5 502.11 Contents of Initial Study 21 [ 5 502.21 Purpose of Initial Study 22 [ 5 502.31 Submission of Data 22 [ 5 502.41 Format 22 -iii- PAGE [ S 502.31 Results of Initial Studv 23 [ S 5031 Procedures for Preparation and Adoption of Negative 23 Declarations [ S 503.11 Decision to Prepare Negative Declaration 23 [ S 503.21 Contents of Negative Declaration 24 [ S 503.31 Public Notice 24 [ 5 503.41 Public. Review of Negative Declaration 24 [ S 503.51 Public Hearing 24 [ S 503.61 Agency Board and City Council Consideration and 25 Approval of Negative Declaration [ S 503.71 Notice of Determination 25 [ S 5041 Procedures for Preparation and Adoption of Subsequent 26 EIRs (S 504.11 When to Prepare Subsequent EIR 26 [ S 504.21 Preparation of Draft Subsequent EIR For Plan 26 Amendment [ S 504.31 Notice of Completion 27 [ S 504.41 Public Notice and Review 27 [ S 504.51 Public Hearing 27 [ S 504.61 Preparation and Approval of Final Subsequent EIR 27 for Plan Amendment [ S 504.7] Findings by the Agency and the City Council Re 28 Significant Effects of a Plan Amendment and Statements of Overriding Considerations [ S 504.81 Notice of Determination 28 [ S 504.91 Subsequent EIRs for Substantial Changes in Plan 29 Implementation [ S 5051 Procedures for Preparation and Adoption of Supplements to 29 EIRs [ S 5061 Procedures for Preparation and Adoption of Addenda to EIRs 29 [ S 5071 Procedures Where No Negative Declaration, Subsequent EIR, 30 Supplement to EIR or Addendum to EIR is Required for Plan Amendments or Implementation Activities -iv- PAGE VI. IS 6001 CONTENTS OF EIRS 30 [ S 6011 General 30 IS 6021 Contents of Draft EIR 31 [ S 602.11 Table of Contents or Index 32 [ S 602.21 Introduction 32 [ S 602.31 Summary of the Proposed Project and its Consequences 32 IS 602.41 Description of Project 32 [ S 602.51 Description of Environmental Setting 33 [ S 602.61 Environmental'Imoact 33 [ S 602.6.a1 The Significant Environmental Effects of the 33 Project [ S 602.6.b] Anv Significant Environmental Effects Which 34 Cannot be Avoided If the Plan is Adopted [ S 602.6.c] Mitigation Measures Proposed to Minimize 34 the Significant Effects [ S 602.6.d] Alternatives to the Project 35 [ S 602.6.e1 The Relationship Between Local Short -Term 35 Uses of Man's Environment and the Maintenance and Enhancement of Long -Term Productivity [ S 602.6.fI Any Significant Irreversible Environmental 36 Changes Which Would be Involved in the Plan Should it he Adopted [ S 602.6.x] The Growth- Inducing Impact of the Plan 36 IS 602.6.h] Effects Found Not To Be Significant 37 [ S 602.6.i] Organizations and Persons Consulted 37 [ S 603] Cumulative Impacts 37 [ S 6041 Economic and Social Effects 37 [ S 6051 Contents of Final EIR for a Project 38 VII. [ S 7001 USE OF AN EIR FROM AN EARLIER PROJECT 39 VIII. [ S 8001 EXEMPTIONS FROM CEQA 40 Iwa PAGE IN. [ S 8011 Statutory Exemption - Emergency Projects 40 [ S 8021 Categorical Exemptions 40 [ S 802.11 Declaration of Exemption 40 [ 5 802.21 Exceptions to Exemptions 40 [ S 802.31 Revisions to List of Categorical Exemptions 41 [ 5 802.41 Application by Agency 41 [ S 802.51 Class 1 - Existing Facilities 41 [ 5 802.61 Class 2 - Replacement or Reconstruction 42 [ S 802.71 Class 3 - New Construction or Conversion of Small 43 Structures [ 5 802.81 Class 4 - '.Minor Alterations to Land 43 [ 5 802.91 Class 5 - Minor Alterations in Land Use 44 Limitations [ 5 802.101 Class 5 - Accessory Structures 44 [ 5 802.111 Class " - Surplus Government Property Sales 44 [ 5 802.121 Class 8 -Minor Additions to Schools 45 [ 5 802.131 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 'litigation 49 [ S 9031 Discovery of Human Remains 50 Y. [ S 10001 PROJECTS ALSO SUBJECT TO NATIONAL ENVIRONMENTAL 50 POLICY ACT (NEP A) [ S 10011 General 50 [ S 10021 NEPA Document B,eadv Before CEAA Document 51 [ S 10031 Preparation of Joint Documents 52 [ S 10041 Consultation With Federal Agencies 52 [ S 10051 Circulation of Documents 52 [ S 10061 Joint Activities 52 [ S 10071 Where Federal Agency will Not Cooperate 52 XI. [ S 11001 WHEN AGENCY ACTING AS RESPONSIBLE AGENCY SHIFTS 53 TO LEAD AGENCY ?III. [ S 12001 TIME LIMITS ON AGENCY ACTION UNDER CEQA 53 [ S 12011 General 53 [ S 12021 Response to Notice of Preoaration 53 [ S 12031 Convening of Meetings 54 [ S 12041 Public Review Period 54 [ S 12051 Review By State Agencies .54 [ S 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. (5 1001 GENERAL [ 5 1011 Purpose [ S 150001 The ouroose of these Procedures is to imp_ lement the California [ 5 150011 Environmental Quality Act ( "CEQA "), Public Resources Code, Sections 21000 et [ 5 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 he used in the adoption, amendment and implementation of redevelopment plans ( "Plans ") as prescribed by Section 33352 of the California Tiealth and Safety Code, Section 21151 of the California Public Resources Code. and the Guidelines. [ 9 1021 Lead Agency [ S 150501 In the adoption, amendment, and implementation of redevelopment plans [ 5 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 Redevelooment Proj ect Is a Single Project [ 5 151801 As prescribed by Section 21090 of the Public Resources Code and the (S 151681 Guidelines, all public and private activities or undertaidngs pursuant to or in furtherance of a redevelopment plan ( "Plan ") shall he 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. [ 5 1041 Authoritv [ S 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. [S 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. [ S 2011 Agency "Agency" means the Redevelopment Agency or the Development Commission 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. [ S 2021 Approv al [ 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. [ 5 2031 Project "Project" means a Redevelopment Project for which a redevelopment plan is proposed to be adopted, or has been adopted and is being carried out by the Agency pursuant to the California Community Redevelopment Law. [ S 2041 Public Agency [S 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 governm ent. [ S 2051 Decision - ?Making Body [ S 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. [ S 2061 Discretionary Action [ S 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. [ 4 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 -2- 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. [ 5 2081 Emer?encv [ $ 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 oecurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage. ( 5 2091 Environment [ 5 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 (S 153611 "Environmental documents" -nean draft and final EIRs, initial studies, addenda to ETR.s, 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. [§ 2111 Environmental Imoaet R.eoort (EIR) [ 5 153621 "Environmental Impact Report" or "EIR't 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 Imoaet Statement (EIS) [ 5 153631 "Environmental Impact Statement" or "EIS" means an environmental impact document prepared pursuant to the National Environmental Policy Act (NEPA). NEPA uses the tern EIS in the place of the term EIR. which is used in CEQA. -3- [ 5 2131 Feasible [ S 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 technolo?ical factors. [ § 2141 Initial Studv [ S 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 ETR, Addendum to EIR or a Negative Declaration must he prepared, or to identify the significant environmental effects to be analyzed. [ S 2151 Subsequent EIR CS 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 [ S 153711 "Negative Declaration" means a written which finds that a proposed amendment to a Plan imolementation activities will not h environment or that environmental impacts where no significant effect will occur anc preparation of an EIR. [ § 2171 SuoDlement to EIR statement prepared by the Agency Redevelopment Plan, or proposed .ve a significant effect on the are clearly mitigated to a point therefore does not require the [ S 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, miti measures or reasonable alternatives which requires supplementation to the EIR. [ § 2181 Addendum to EIR [ S 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. [ S 2191 Program EIR L S 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, -4- (3) In connection with issuance of -,lies, 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. [ S 2201 notice of Prepara [ S 153751 "Notice of Preparation" means a brief notice sent by the Agencv 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 EM. 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. [ § 2211 Notice of Completion [ 5 153721 "Notice of Completion" means a brief notice filed with the Office of Planning and Research 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 [ § 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. [ S 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. [ 9 2241 Significant Ef fect on the Environment [ S 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 Imeacts [ S 153551 "Cumulative Impacts" mean two or more individual effects which, when considered together, are considerable or which compound or increase other environmental imoacts. 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. [ S 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. [ S 2281 Jurisdiction by Law (S 153661 "Jurisdiction by Law" means the authority of any public agency (1) to .;rant 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. [ S 2291 Responsible Agency [ 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, 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 'weds 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 Natilral Land and Water Reserve Svstem. [ S 2311 State Agenev [ S 153831 'State Agencv" means a ?overnmental 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 n_ erson, firm. association. or?anization. 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. [ S 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 -Wile. 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. "flaps 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. M. ES 3001 EVALUATION OF SIGNIFICANT ADVERSE EFFECT OF PROJECT ON ENVIRONMENT 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 -7- 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 he significant in a rural area. (h) In determining whether an effect will be adverse or beneficial, the Agency shall consider the views held 5y members of the public in all areas affected. If the Agencv expects that there will be a substantial body of opinion that considers or will consider the effect to he adverse, the Agenev shall regard the effect as adverse. Before requiring the oregaration of an EIR. the Agency must still determine whether environmental change itself might be substantial. (c) In evaluating the si;*iificance 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 oossible 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 GI (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 anv 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 mratory 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; -8- population; (11) The Project will induce substantial growth or concentration of (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; (18) The Project will expose people or structures to major geologic hazards; (19) The Project will extend a sewer trunk line capacity to serve new development; (20) The Project will substantially diminish habitat for fish, wildlife or plants; (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 -9- from the Project. Alternatively, economic and social effects of a physical change may be used to determine that Vie 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 30.21 _Mandatory Findings of Si?nificance [ S 150651 A Project shall he 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. [5 4001 PROCEDURES FOR PREPARATION AND ADOPTION OF EIRS FOR NEW REDEVELOPMENT PROJECTS [ 5 4011 General An ELR 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. -10- [ S 4021 Determination of Scooe of EIR [ S 402.11 'Notice of Preparation [ S 15082(a)] Prior to commencement of work the Agencv shall send to each Responsible Agency a Notice of Preparation stating that an EIR will be prepared. This Notice shall also be sent to every federal agency involved in approving or fundin; 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; (5) 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 conies 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. [ § 402.21 State Clearinghouse [ S 15082(4)] 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 w1M 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. [ S 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 abo 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 (1) the significant environmental issues and reasonable alternatives and mitigation measures which the Responsible Agency will need to have explored in the Draft EIR, and (2) whether the agency will be a Responsible Agency or a Trustee Agency for the Project. If a Responsible Agency fails 5v the end of the 30 day period to provide the Agency with either a response to the Notice or a well justified request for -11- 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. [ 5 402.41 Meetin?s [ 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 he 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. [ 9 402.51 Early Public Consultation [ 5 150831 Prior to completing the Draft EIR, the Agency may also consult directly with any person or organization it believes wM 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 x11 be necessary when preparing an EIR /EIS jointly with a federal agency. Scooing has been helpful to agencies in identifying the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in an ETR 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 ;rounds. Mere scoping is used, it should be combined to the extent possible with consultation under Section 402.4. [ 5 4031 Preparation of Draft EIR [ 15082(a)] 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 EM for public review before the time period for responses to the Notice of Preparation has expired. [ S 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 -12- information and comments received. The information or comments may be inchided in the Draft EIR in whole or in oart. The Agency may choose one of the following arrangements or a combination of them for oreoaring a Draft EIR.. (a) Preparin the Draft EIR directly with its own staff. (h) Contracting with another entity, public or private to prepare the Draft EIR. (c) .' Acceotimg a draft prepared by a proposed develop_ er. 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 R. b EIy an independent contractor. (e) Using a oreviously prepared EIR. Before using a draft prepared by another person, the Agency shall subject the draft to the Agencv's own review and analysis. The Draft EIR which is sent out for public review :must reflect the independent judgment of the Agency. The Agencv is responsible for the adequacy and objectivity of the Draft EIR. 154041 Notice o f Completion [ 5 150851 As soon as the Draft EIR is completed, the A staff shall file a Notice of Completion with the Office of Planning and Research. 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 aviUable, and (4) the period during which comments will be received on the Draft EIR. A form for the Notice of Completion is attached as Appendhc B. 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. [ 5 4051 Consulta Concerning Draft EIR (S 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. [ 5 4061 Public Notice and Review of Draft EIR t 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 Office of Planning and Research. 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 following procedures: -13- (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 should not be less than thirty (30) days nor longer than ninety (90) days from the date of publication or other giving of Notice of Completion, except in unusual situations or 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. When significant new information is added to an EIR after notice has been given pursuant to Sections 406 and 407 and consultation has occurred pursuant to Section 405, but prior to certification of the EIR by the Agency, the Agency shall give notice again pursuant to Sections 406 and 407, and shall consult again pursuant to Section 405 before certifying the EIR. [ 5 4071 Review by State Agencies [ 5 407.11 Submission [S 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; -14- (c) Draft EISs, 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). Aaenev 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, -he 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 Agencv is encouraged to contact the re.?ional 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 [ 5 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; (h) 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 emploving 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; -15- (5) A pr000sed industrial. mamifactnring, 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; (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; 29101; (6) The Suisun i•'larsh as defined in Public Resources Code Section (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, wetland, 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 :eater 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. IS 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 City Council. If a separate hearing is held on the EIR, the Agency shall publish Notice at least once, not less than 15 days prior to the hearing, and shall refer to the availability of the Draft EIR.. If the hearing on the EIR is included in the hearing on the proposed Plan, the Notice of Public Hearing on the proposed Plan shall refer to the availability of the Draft EIR and the public hearing to be held on the Draft EIR. -16- [S 4091 Evaluation of and Response to Co mments [ S 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 o!5jections). 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 -rust 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. [ 5 4101 Final EIR. . [ S 410.11 Preoaration of Final EIR [ S 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 t he 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. [ S 410.21 Certification of Final EIR [ S 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 oresented to the Agency Board and that the Agency Board has certified that the Final 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 the EIR prior to its approval of the Project. -17- [ 5 4111 Findings by the Agency and the City Council Re Simi icant Effects o Plan [ S 150911 The Citv Council shall not adopt and the Agency shall not carry out a Plan for which an EIR has been completed which identi ies 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 resoonsibility 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 miti measures or project alternatives identified in the Final EIR. These findings shall he supported by substantial evidence in the record. Findin (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 miti measures or alternatives. [ 9 4121 Statement of Overriding Considerations [ S 150931 CEQA requires the Agency and Citv Council to balance the benefits of a proposed Project against its unavoidable environmental risks in deter*nining, 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. [ 5 4131 Approval of Project S 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: -18- (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 Citv 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. [ S 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 in which the Project is located. 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) Certification that the Final EIR, including comments and responses, is available to the general public, and 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 Office of Planning and Research. 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. -19- [ 5 4151 Disposition of r inal 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 Resoonsihilities [ 5 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; ()) 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. -20- V. [5 5001 PROCEDURES FOR PREPARATION AND ADOPTION OF NEGATIVE DECLARATIONS, SUBSEQUENT FIRS, SUPPLEMENTS TO EIRS OR ADDENDA TO EIR.S [ 5 5011 Exemptions From CEQA [ 5 501.11 Determination of Exemotion [ 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 Agenev 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. [ 5 501.21 Notice of Exemption [ 5 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 after the Agency and /or City Council approves or determines to carry out the activity, it may 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 in the County in which the Project is located. Copies of all such Notices shall be available for public inspection and shall appear on a list of such Notices posted weekly in the Office of 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. [ 5 5021 Initial Studv [ 5 502.13 Contents of Initial Study [ 5 15063(d)1 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 rer)ort and shall contain in brief form: -21- (a) A description of the action o_ r000sed 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 si nificant 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. CS 502.21 Purpose of Initial Study [ S 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) Identifving 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 "S 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 Shady. -22- 15 502.41 Format [ 5 15063(f)] Sample forms for use 'iv 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, and the AQencv 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 imDlementing activities. IS 502.51 Results of Initial Studv [ 5 15063(b)] (a) If the Aaenev 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 Agencv 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 Agencv finds in the Initial Study that the proposed action will involve new significant environmental impacts or new information of substantial imoortance not considered in the previous EIR, then a Subsequent EIR shall he prepared. (d) If the Agency finds in the Initial Study that environmental impacts or the pr000sed action will involve new significant environmental impacts or there is new information or data of substantial importance but only minor changes are necessary to *Hake the previous EIR adequate, then a Supplement to the EIR shall be prepared for the proposed action. (e) If the Agencv finds in the Initial Study that the pr000sed 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. IS 5031 Procedures for Prep_ aration and Adoption of Negative Declarations [ 5 503.11 Decision to Prepare Negative Declaration "S 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 Agencv that the Plan amendment or Man implementation activity as revised may have a significant effect on the environment. 15 503.31 Contents of Ne?ative Declaration [ § 150711 The Negative Declaration shall include: (1) a brief description of the oroposed Plan amendment or Plan implementation activity, as the case may be, including a commonly used name for the project or activity if anv: (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 documentin reasons to support the finding; and (5) mitigation measures, if any, included in the action to avoid potentially significant effects. [ § 503.31 Public Notice [ 5 150721 The Agency shall give notice to the public that it proposes to adopt a NePative 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. [ 5 503.41 Public Revie of Negative Declaration [ 5 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 oublic with sufficient time to respo to the oroposed 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 15 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 (S 152021 A puhlic hearing is not required on a Negative Declaration. However, any notice of public hearing on a proposed amendment or Plan implementation -24- activity should include environmental review as one of the subjects for the hearing. In the event that a public hearing is to ')e held on the Negative Declaration. the public hearing may be held separate from or in conjunction with a public hearing on the or000sed action. If a separate -)ublic 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 hearinz 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 Agencv Board and Citv 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. [ 9 503.71 Notice of Determination [ § 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 Office of Planning and Research. 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 -25- Council that the Project as amended or 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) Certification that the [Negative Declaration is available to the general public, and 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. [ 5 5041 Procedures for Preparation and Adoption of Subsequent EIRs [ S 504.11 When to Prepare Subsequent EIR [ S 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. [ 5 504.21 Preparation of Draft Subsequent EIR For Plan Amendment A Draft Subsequent EIR shall be prepared by the Agency for a proposed amendment to the Plan, where required pursuant to Sections 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 -26- 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 5 the Plan as amended. and persons or organizations it believes will he 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 5e prepared 5y 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 City Council. The Draft Subsequent EIR shall 5e 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. [ S 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 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. [ S 504.41 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. [ S 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 pr000sed 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 he 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 -27- Opportunity for review of the Final Subsequent EIR by the public or by commenting agencies ')efore 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 .)een completed in compliance with CEQA. the Guidelines, and these Procedures, and that the AQencv 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 oroposed 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 Seen completed in comoliance 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 5ody is required to make a recommendation on a Plan amendment, the advisory body shall also review and consider the Draft Subsequent EIR hefore making its recommendation. [ 5 504.71 Findings by the A enev 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 „►ore of the findings specified in Section 411 for each of those significant effects, accompanied by a Srief explanation of the rationale for each finding. Where the decision of the Agencv and City Council allows the occurrence of significant effects which are identified in the Final Subsequent EIR but are not at least substantially miti 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. -28- [ S 504.91 Subsequent EIRs for Substantial Chanp-es in Plan Implementation If the Agency proposes to execute or approve anv contracts for site imnprovement, disposition and development agreements, participation agreements or any other documents. or undertake anv other activity in implementing the Plan, which the Agency finds on the basis of an Initial Studv 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. [ 5 5031 Procedures for Preparation and Adootion of Supplements to EIRs (S 151631 If the Agencv 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 orepared 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 oreparation, 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 ( S 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 anv 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 -29- (c) The changes to the EEIR made 5y the Addendum do not raise important new issues about the significant effects on the environment. An Addendum need not he 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 orior to making a decision on the proposed action. [ § 5071 Procedures Where No Negative Declaration. Subsequent EIR. Suoplement to EIR or Addendum to EIR is Required or Plan Amend ments 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 Agencv finds on the basis of an Initial Studv 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 Redevelooment 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 Agencv and /or the City Council has approved or adopted the proposed action, the Agencv shall prepare and file a Notice of Determination with the Clerk of the Countv as provided in Section 41.1. 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 [ 5 601] 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 he orepared as a separate document or as part of a Project report. If prepared as a part of the Project report, 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. -30- [ S 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 E1R may constitute substantial evidence in the 4 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 [ S 151201 The Draft yIR for a Project shall contain the following elements: thru (S 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 Mah 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 probabWty 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 -31- the Initial Study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. [ 5 602.11 Table of Contents or Index [ S 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. [ S 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 1vith Section 33352 of the California Health and Safety Code. and that the EIR may be only the first of maim environmental reviews that will occur during implementation of the Project. [ 5 602.31 Summary of the Proposed Project and its Consequences [ 5 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 controversv 'mown 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 hove to mitigate the significant effects. The summary should normally not exceed 15 pages. [ 5 602.41 'Description of Project [ S 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 maQ. (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 CERA 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. -32- [ S 602.51 Descript of Environmental Setting [ S 151251 An EIR *mist include a description of the environment in the vicinity of the Project, as it exists before commencement of the Project, from both a local and regional perspective. The description shall 5e 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 altd enerw 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, hilt 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 Bav, 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. [ S 602.61 Environmental Imoact CS 151261 All phases of the Project Trust be considered when evaluating its impact on [ Appendix F] the environment: planning, acquisition, relocation, demolition and site clearance, construction of public improvements, disposition and develooment, and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. [ S 602.6.a1 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, givina- 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 develooment), 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. -33- 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 constriction. 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 oea': and base period demands for electricity and other forms of energy. (4) The degree to which the Project complies with existing energy standards. (S) The effects of the Project on energy resources. (6) The Project's projected transportation enemy use requirements and its overall use of efficient transportation alternatives. [ 9 602.6.b] Anv 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. [ 602.6.c] '`litigation 1easures 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. -34- (`') The potential of sitin?, 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. ( 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. [ § 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 p_ roposal. 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 whe ther the selection and discussion of alternatives fosters informed decision making and informed public participation. An ELR 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. [ 5 602.6.e] The Relationship Between Local Short -Term Uses of :Man's Environment and the .Maintenance and Enhancement of Lo - 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 Iona—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. -35- 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 he 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.f] Anv SiPnificant Irreversible Environmental Changes Which Would be Involved in the Plan Should it be Adooted 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. [ 9 602.6.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. -36- ( S 602.6.hl Effects Found Not To Be Significant [ S 151281 The ETR 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.i1 Or?anizations and Persons Consulted [ S 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. [ S 6031 Cumulative Imoacts [ S 151301 Cumulative impacts shall be discussed when thev 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 he 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; 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. [ S 6041 Economic and Social Effects ( S 151311 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 -37- analyzed in any detail greater than necessary to trace the chain of cause and effect. The focus of the analysis shall tie 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 examole, 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 distur')ance 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 EI I, 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. 15 6051 Contents of rinal EIR for A Project [ S 151321 CS 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 Agencv. The response of the Agency to comments received may take the form of a revision of the Draft EIR, or may be an attachment to the Draft EIR. The response shall describe the disposition of significant environmental issues raised, e.g., revisions to the Plan or Plan implementation techniques to mitigate anticipated impacts or objections. In particular, the major issues raised when the Agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. -38- VII. [ § 7001 USE OF AN EIR FROM AN EARLIER PROJECT [ S 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 ER 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 Agencv 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 ER 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; (3) A listing, of places where copies of the EIR may be examined; and (4) A statement that the key issues involving the ER 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 -39- (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 Studv 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 anv of the conditions described in Section 504.1 would require preparation of a Subsequent or Supplemental EIR. VIII. [ S 8001 EXEMPTIONS FROM CEQA [ S 8011 Statutory Exemption - Emergency Projects [ 5 152601 [ 5 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. y (c) Specific actions necessary to prevent or mitigate an emergency. [ 5 8021 Categorical Exemptions [ S 8 02. 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 CEQ A. 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. [ S 802.21 Exceptions to Exemptions S 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, these 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. -40- (b) Cumulative Imoact All exemption 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 1. (c) Siznificant Effect A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a sign effect on the environment due to unusual circumstances. [ § 802.31 Revisions to List of Categorical Exemptions [S 15300.31 The Agency may, at anv time, request that a new class of Categorical Exemptions be added, or an existing one amended or deleted. This request must 'ie 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. [ § 802.41 Application by Agencv [ 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 he 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. [ § 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; (h) 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 -41- structures before the addition or 2500 square feet. whichever is less; or (2) 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissiple in the General Plan, and the area in which the Project is located is not environmentally sensitive; (f) Addition of safetv or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topograohical features including, navigational devices; (g) New coov on existing on and off - premise signs; (h) !Vlaintenance of existing landscaping. native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chanter 2, California Agricultural Code); (i) Division of existing, multiple family rental units into condominiums; (j) Demolition and removal of individual small structures listed in this subparagraph (j) except where the structures are of historical, archaeological or architectural significance: 1 \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 he demolished under this exemption; (2) Apartments, duplexes and similar structures with no more than four dwelling units if not in coniunction 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 demolis`led 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. [ 5 802.61 Class 2 - Replacement or Reconstruction [ S 153021 Class 2 includes actions and activities eonsistino of rep or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including, but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50%; -42- N Replacement of a commercial structure with a new str•.icture of substantially the same size, purpose and capacity; (c) Replacement of reconstruction of existing utility systems and /or facilities involving negligible or no exoansion 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 undera-rounding. - -[ S 802.7] Class 3 - New Construction or Conversion of Small Structures IS 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. [ 5 802.81 Class 4 - Minor Alterations to Land [ S 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 -43- 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 ;eologic hazard; (b) New gardening or landscaping; (c) Filling of earth into previously excavated land with material compatible with the natural features of the site; W 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- ofway. [ S 802.91 Class 5 - Minor alterations in Land Use Limitations [ S 153051 Class 5 includes actions and activates 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; N Issuance of minor encroachment permits; (c) Reversion to acreage in accordance with the Subdivision -Mao Act. [ S 802.101 Class 6 - Accessory Structures [ S 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. [ S 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 -44- •J the surplus prop_ erty to be sold is located in anv 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) Anv 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 he sold would qualify for an exemption under any other class of categorical exemption in the Guidelines, or (3) the use of the prooerty and adjacent property has not changed since the time of purchase by the public agency. [ S 802.121 Class 8 - Minor :additions to Schools [ S 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=6 or ten classrooms. whichever is less. The addition of portable classrooms is included in this exemption. [ S 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 %. [ S 802.141 Class 10 - Transfer of Ownership Land in Order to Create Parks [ S 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 (S 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. -45- [ S 802.161 Class 12 - Normal Operations of Facilities for P ublic gatherings [ S 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 puroose. 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. [ S 802.171 Class 13 -Transfers of Ownership of Interest in Land to Preserve Open Space [ S 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; (h) 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. [ S 802.181 Class 14 - Acquisition of Housing for Housing Asusktant p [ S 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. [ S 802.191 Class 15 - Leasing New Facilities [ S 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 noverning 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; -46- (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 emplovee and visitor parking facilities. Examples of this exemption include but are not limited to: (a) Leasing of administrative offices in newly constructed office space; Co) . of client service offices in newlv constructed retail space; (c) Leasing of administrative and /or client service offices in newly constructed industrial parks. [ § 802.201 Class 16 - Cogeneration Projects at Existing F ac ili ti es ( 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 nearbv residential structures; and (3) Be contiguous to other commercial institutional structures. I?X. [ S 9001 ARCHAEOLOGICAL IMPACTS [ S 901] 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 ,pore sophisticated future research methods. Preservation may also avoid conflict with religious or cult'iral values or groups associated with the site. (b) Avoiding damage may he accomplished by many approaches, including: (1) Planning construction to miss archaeological sites; (2) Planning parks, greensoace, or other open space to incorporate archaeological sites; 61 "Capping" or covering archeological sites with a layer of soil before building tennis courts, parking lots, or similar facilities. Capping may he 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; (5) 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 stratioraphic 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 -48- contain. (2) Explain how the information should !)�e 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 escavated 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 olan. (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. (5 9021 Limitations on Mitis?ation 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 5y 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 mitigat 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. (e) 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 tiepin physical development. With a phased development, the mitigation measures shall be comoleted 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 orotecting American Indian cemeteries. (e) Excavation as part of a mitigation plan shall be restricted to those parts of art important archaeological resource that would be damaged or destroved 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 he 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 w ith 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. a-rid if so. whether the archaeological resources are important as defined in this Section. [ 9 9031 Discovery of Human Remains (a) In the event of discovery or recognition of anv 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 County 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 cvith 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 American Heritage Commission fails to provide measures acceptable to the landowner. (c) 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. Y. [S 10001 PROJECTS ALSO SUBJECT TO NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) [ S 10011 General [ S 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, "EIS" means and includes an Environmental Impact Report and anv Supplements and Addenda thereto. [ S 10021 NEPA Document Readv Before CEQA Document [ S 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 oreparing 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 Documents [ S 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 Agenev must involve the federal agency in the oreparation 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. [ 5 10041 Consultation With Federal Agencies [ 5 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 agencv. [ 5 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 Agencv 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 ?iven in the same manner as a notice of the public availability of a Draft EIR under Section 406. [ 5 10061 Joint Activities [ S 152261 The Agency should cooperate with federal agencies to the ftillest 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. [ 5 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 wav 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. ( S 11001 WHEN AGENCY ACTING AS RESPONSIBLE AGENCY SHIFTS TO LEAD AGENCY [ S 150521 Where the Agencv is determined to he a Responsible Agencv for an implementation activity, and is called on to grant an aporoval for the activity subject to CEQA for which another public agency was the approo_ riate Lead Agencv, 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 Agency prepared inadequate environmental documents without consulting with the Agency as required by these Procedures and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. When the Agency assumes the duties of a Lead Agency under this Section, the time limits applicable to a Lead Agency shall apply to the actions of the Agency. XI. [ S 12001 TIME LIMITS ON AGENCY ACTIONS UNDER CEQA [ S 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 (S 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- [ S 12031 Convening of Meetinzs (S 151041 The Agency shall convene a meeting with Agencv representatives to discuss the scope and content of the environmental information a Responsible Agencv 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 Agencv, a Resnonsible Agency or a Trustee Agency. [ S 12041 Public Review Period [ S 151051 (a) The public review oeriod for a Draft EIR should be not less than 30 days nor longer than 90 days except in unusual circumstances. (b) The oublic review oeriod 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. [ S 12051 Review By State Agencies [ S 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 [ S 151121 The statute of limitations periods under CEOA are as follows: (a) Where the Agencv 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 Agencv 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 Citv 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. -54- APPENDIX A NOTICE OF PREPARATION TO: Responsible Agency FROM: Agency Address SUBJECT: NOTICE OF PREPARATION OF IMPACT REPORT Address A DRAFT ENVIRONMENTAL 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 scooe 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 Pro] ect. 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 late. your response must be sent at the earliest possible date but not later than 30 days after receipt of this Notice. Please send vour response to at the address shown above. We will need the name for a contact person in your Agencv. PROJECT TITLE: DATE Signature Title Telephone APPENDIX B NOTICE OF COMPLETION State of California Office of Planning and Research 1400 Tenth Street 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 APPUMCC C W ,4c 3 ; I acj STATUTORY UTORY AyTHcR1Ty OF STATE a i DEPARTME.*R5 �i i 1I < IQi I X I ( X I ! I X 1 16 X 11 I Air cuallty and air pollution control C'wm ical contam=tion and food I X I 77 ( I I I proaucra I C-ALT= areas, etlancs, estuaries, 26 I 17, I I I l I I I ( ! I I 13 water:owi refu es. and beaches 'S X I I X s C- -n"=cn in urzan areas, housing and buildint disolacement i I X i I i I I I I I I X I 3 CNsease control X 1 X 1 j I I I I I I I i t 16 tecrie energy ; enerau on and suapty r I 19 I I X( X I X) ( I I I I 17 E-s vircnmental effec' with soec.LU impae in low- income neighborhoods I I I X I I ! I I I I I X I E Eiooa Doors ano watenneas I I X I ! 1 I I I I I I ! X! 9 =ooc acciti ano food sanitation I X ! X I I I I ! I I I i I X I 10 Heroimces i I i I I X I 1 I I I I ! 1 11 Historic and archaeological sites I X ! I I I I I I I 1 f I 1 2 1 12 Human ecolcty ! I I X I I i I !_! II I I X 1 13 Micontolotical C t I ! I I I I I I I t 1 "e-w land re gas iopment I ` Mo ra %&rum vian and u ! 16 I 10 ! I I 1 I 1 1 I X I ! 1 16 Vavipble airways 25 I i ! ! ! I I 1 ! 1 1 1 1 I 117 V a vigaD te waterways i I X I ! I I I I ! I X I X I I 1 & Voce c=trvl and abatement !! 19 t and outdoor 231 I I I I I I I I I ( I IXI eeeation areas X I X I I I I I ! I I I I I X 1 2 rest:c:ces I ! X I X I I I I I II I I I 1 1 121 Raeia anc r'aci ciogicu Realtm 24 I 1 11 ! I X I X I X I X I 1 I I X 1 1 122 Reve com wannin I i I I X I I I I I I I 1 I I X 123 R=ent control i I X I I 1 ! 1 1 3 t 2 Sanitation a nd waste systems II 1 X I I I I I I 1 I I 1 I 0 sneafisn sanitation 26 Soil and plant life, sedimentation, I I I I I I ( I IXI erosion and hydrologic conditions ! I X 1 I I X I I I I ! i X t 27 Toxic materials t ransport ation and handling of X I I I ( X ( X I (6 I hazardous materials ! X I I I I X 29 Water quality and water pollution control 1 I 1 12 1 { I I { i 13 1 30 Fish and wildlife 2-31 I ( 1 13 ( I I I I I 131 Activities with special impact on reg ional jurisdictions 24 1 ( I ! I ( 1 I 1 f ( 1 32 Water project formulation t 24 I 1 i ! I 1 I ► I ! 133 Crectrermai energy ( Oil and petroleum development, I I I I ( I I I 1 34 fteneration and sucoly I I 1 35 Statewide land use eatterns 4: I ± ! I t 1 I I I ( !! 5oace poucy Statewide overview - cumulative i I I ( I I I X I I I I I 137 impact of separate Projects I X I I I I 1 ! ! 33 Seismic Hazaras —2— e I i , w jo 4 C► E V�f G N .. E io Y 'I'm a C1 c? $ E! Q i .4 APprMCC C eantbund f I X I ( I ( I X 1 1 271 I I 1 Air duality and air oodution control I X I 7 - " - I I I X i T141 I (! 2 Chemical u contamination and food IXI X I I X I X I I X I 1 X 1 14127126' X I 3 coastal areas, wetlands, estuaries, water owl refuses, and beaches i 21 (271 261 I 4 Congestion in urcan areas, housing and building disolar_ rent 1 i X! I I 1 22! X 1 1 1 4 ! ; 1 7 Disease control 1 I X I I I I I X 1 231 X I X I 114 1 1 26 i X 1 6 Uectrx energy generation and suooly 1 1 19 i 1 ! I I i ( I 7 Ei vironmental eff� with s pecial impal in low - income neighborhoods I 1 X 1 120 1 X I i X I I X 1 X 1 14 127! 26 1 3 Flood plains and watersheds I I I 1 I I I I I I I t I I I I 9 Food additives and food sanitation I X I ( I I X 1 221 X 1 1 1 14 1 1 1 1 10 Herbicides ( X 1 I X I X I I 1 I I 1 2 7126 1 I 11 Historic and arenaecio;ical sites - I I I 1 I I X I I X I 1 1 1 271 26 I 1 12 Human emoty I I I X I I I I I X I I 1 14 1 1 1 ( 13 Microciological contamination I i 1 I I X I I X I I X I I X I 1 2712 1 1 14 Mineral land re X I I ( 1 131 X I X I I 26 I ( 13 ;Natural gas en"y aeveicoment generation and sumiv I I I I I I 1 1 161 1 1 1 1 1 1 16 Navigable airwave i i 1 1201 X I I I i X 1 1 14 1 271 26 . X I L 7 Navitaate water+vays I ! I I I I { 1171 I I I I i ' cdntmL and anatement X I I I X I I X I I X I I X 1 141271261 X 1 19 Parks, forests, trees and outdoor I recreation areas I I X I X I I I I X 122 1 X I I 1 I 1 1 20 Pesticides I I I I I I I I I X I X i 1 14 1 1 1 1 21 Radiation and radiological healtn X 1 I X I X I I X I I X I I X I X I X 114 1 271 26 1 X I 22 Regional comorenensive planning I I I I I ( I X 1221 X I 1 1 1 I 1 I 23 Rodent controt I X I X I I X I 1 1131 1 X 1 14 I 1 26 1 1 24 Sanitation and waste systems I ( I X I I I I I X i i 1 I 123 Shellfish sanitation I I X I X i XI I X I X I I X 11 1271 26 1 I 1 26 Soil and plant life, sedimentation, erosion and hydrologic conditions I X I I X I X I X I 1141 1 1 1 27 Toxic materials 1 I I X I ( I I I X I X I I I I I handling of hazardous materials IXI X I I I X I I X 1 14 1 27 1 26 1 X 1 29 water quality and water pollution control I 21 I I I X I X I 1 14 1 271 N 1 1 30 Fish and wudlife X 1 120 1 X I I ( 1 14 1 ( 31 Activities with special impact on regional jurisdictions X I X l 201 1 X 1 231 X I 1 14 1 1 X 1 3 2 Water orotect formulation I X 1 21 1 1 X I X I X I X 1141 { 1 1 33 Geotnermal energy 21 I X I 1 X I X I X 1 1 261 34 Oil and petroleum development, oration and suooly X I X I I X I X( X 1 271 261 1 33 Statewide and use patterns X! X l l I I x I ( I X i I X I 1 271 26 i 1 36 Ooen Soace policy X I I I I I X I I I I ( 37 Statewide overview - cumulative imeac: of sezarate projects ! I X I ! I I I I I X I X 1 271 25 i 1 33 Seismic Hazards —2— APPSNODC C FCOTNOT23t No. . Food and AgricAtnre - We= an plants and animals. 2. Food and Agriculture - Protection of food and fiber. 3. Food and AgricW re - Agricultural, dairy and feed lot systems. 4. Pood and Agricultgre - As pertains to transportation, handling, storage and decw +tamination of pesticide J. Food and Agricuiture - Pesticide of Sects, Predatory animal control, bird contra. 6. California E *nny Pan Enforcement of motor vehicle regulations. 7. Health So vies - Beech sanitation, water pollution, solid waste and mosquito cm...ol. L Health Services - Pertains to health component. 9. Health Services - Most of time are strongly related to health. 10. Health Ser►icQ - Per -.sins 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 comprehernsive health planninX. 14. Colorado River Board - As pertains to the Calocado, New and Alamo Rivers. 13. 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 affec: wildlife. I& Fish and Game - As water quality may affec. fish and wildlife. 19. Parim and Recreation - In impacted areas only. 20. Reclamation Board - in areas of Board's jvrisdic•.ion only - tine Sacramento -San Joaquin Valley. 21. State Watt Rrsarcm Canted Board - As m,.y pertain to water quality. 22. Forest: -)► - With espec to forest land. 23. Forestry - (6) and (32) - As related to fire protection or State (fire protection) responsibility land 24. Air Resources Hosed - ( 4), (22), (32), (33), and (36) - As may pertain to residential, commercial, industrial transportation growth. 26. San Francisco Bay C uervatian and Dwreiopnnernt Commission - (3), (17), (19), and (30) - With resoect to S Francisco Bay, Suisun Bav and adjacent store areas. 26. California Coastal C mmission - (3), (4), (6), (3), (11), (12), (14), (13), (17), (19), (223, (23), (26), (29), (30), (3 (34), (33), and (36) - With respect to effec -s within the California C*astal Zone. 27. California Tahoe Regional Planning Agwwy - With rape=. to effects in the Tahoe Basin. 23. Native American Heritage Cornrmisakn - With respect to Places of sPecW religious or social significance Native Americans inCuding archaeolog¢ cal sites, cemeteries, and claces of worship. NOTE: Authority cited: Section 21033, Public Resources Code-, Reference: Sections 21080.3, 21030.4, 21104, a 21133, Public Resources Code. —3— APPENDIX D NOTICE OF DETERVINATION TO: _ County Clerk FROM: County of Office of Planning and Research 1400 Tenth Street 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 pursuant to the provisions of CEQA. 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 Agency certifies that the environmental assessment document and record of project approval is available to the general public and 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 i e APPENDIX E NOTICE OF EXEMPTION TO: Countv 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 (S 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 ChecklistoForm) L 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 anv) 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 I. Site size. 2. Square footage. 3. dumber 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. Appendix F Page 1 of 9 Paves 10. If commercial, indicate the tvpe. whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. U. 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. M. ENVIRONMENTAL CHANG Are the following iterns aoolicable to the project activity or its effects? niscuss below all items checked yes (attach additional sheets as necessary). YLS NO 1. Change in existin features of any bays, tidelands, beaches, lakes or hMs, 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 oattern, 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, bav, 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.). 11. Substantially increase fossil fuel consumption (electricity, oil, natural tras, etc.). 12. Relationship to larger development or series of developments. Appendix F Page 2 of 9 Pages N. ENVIRONMENTAL SETTING 1. Describe the oroject 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, setback, rear yard, etc.). Attach photographs of the vicinity. Snapshots, or polaroid photos will be accepted. V. E_1V12RONRIENTAL IMPACTS (Explanations of all 'Ives" and "mavbe" 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? Appendix F Page 3 of 9 Pages t� 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 regionallv? 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 ,eater body? e. Discharge into surface :eaters, or in anv 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 ,around :eater? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interceo_ tion of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Dxposure 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)? Appendix F Page 4 of 9 Pages 4 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 reotiles, 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: Appendix F Page 5 of 9 Pages YES MAYBE NO a. A risk of an explosion or the release of hazardous substances (including, but not li-nited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response olan or an emergency evacuation plan? U. Population. Will the proposal alter the location, istribution, 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. Trans oortat ion /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 anv of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? Appendix F Page 6 of 9 Pages V 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 foIlowing 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 anv 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? Appendix F Page 7 of 9 Pages a b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. floes 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. Mandat 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.) YES MAYBE NO 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 Appendix F Page 8 of 9 Pages i VII. DETERMINATION On the Sasis of this initial evaluation: I find the or000sed action COULD NOT HAVE a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the pr000sed action COULD HAVE a significant effect on the environment, there WILL NOT BE a significant effect in this case because t'ie mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find the oroposed 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 orevious 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 ENVIROKIMENTAL IMPACT REPORT will be prepared. I find that the pr000sed 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 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 Il'dPACT 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 Page 9 of 9 Pages