HomeMy WebLinkAbout13157
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RESOLUTION NO. ~~~
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
ENVIRO~ REVIEW PROCEDURES FOR THE CITY OF SAN BERNARDINO;
AND REPEALING RESOLUTION NOS. 11362 AND 13141.
WHEREAS, Resolution No. 11362, adopted April 16, 1973,
approved the final environmental impact review procedures, a
preliminary environmental description form and environmental
tmpact statement guidelines, dated April 4, 1973, and on file in
the Office of the Planning Director; and
WHEREAS, said environmental review procedures should be
revised in conformity with revisions of the Public Resources
Code and Administrative Code of the State of California,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The environmental review procedures for the
City of San Bernardino entitled "Environmental Review Procedures
for the City of San Bernardino", which are on file in the Office
of the Planning Director of the City of San Bernardino, a copy
of which is attached hereto, marked Exhibit "I" and incorporated
herein by reference as fully as though set forth at length, are
hereby approved with full authorization to implement all of the
provisions thereof.
SECTION 2. Resolution Nos. 11362 and 13141 are hereby
repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at
a~//~::~/h/{/ meeting
day of.l:f!rA-..,/ ' 1978, by the
following vot ,
thereof, held
on the S"'d
to wit:
yo
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Councilmen --C:;:",,-;7';.J /~ ~..h~
'~~~4_/A) 5
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~Lh/L;_),~~~ ;;e~,~~u7
~"'>~n~y6
hereby appro this ~~ da
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AYES:
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NAYS:
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ABSENT:
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I The foregoing resolution is
il ofc7FAd'l~ I 1978.
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San Bernal:" 1.no
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to form:
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FILEu
FFB 1 7 1978
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~UCI LE GOFORTH, ell, Clerk
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INDEX
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RTICLE I GENERAL
SECTION 1. PURPOSE
SECTION 2. POLICY
SECTION 3. DEFINITIONS
SECTION 4. THE ENVIRONMENTAL REVIEW COMMITTEE
SECTION 5. FEES
SECTION 6. PRo..TECTS CONTROLLED BY CITY
SECTION 7. MINISTERIAL PROJECTS EXEUPTION
SECTION 8. CATEGORICAL EXEMPTIONS
SECTION 9. EMERGENCY PROJECT EXEMPTIONS
SECTION 10. OTHER EXEMPTIONS
SECTION 11. NOTICE OF EXEMPTION
SECTION 12. DISCRETIONARY PROJECTS
RTICLE II ENVIRONMENTAL REVIEW PROCEDURES
SECTION 13. CITY DEPARTMENT
SECTION 14. PRELIMINARY SCREENING
SECTION 15. CONSULTATION WITH RESPONSIBLE AGENCIES
SECTION 16. INITIAL STUDY
SEcTION 17. MA."lDATORY FINDINGS OF SIGNIFlCA.~CE
TICLE III EIR PROCESS
SECTION 18. DRAFT EIR PROCESS
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SECTION 19. PUBLIC REVIEW OF THE DRAF'l' EIR 10-11
SECTION 20. TIME FOR REVIEW 11
SECTION 21. RESPONSE '1'0 COMMENTS 11-12
SECTION 22. FINAL EIR 12
SECTION 23. CERTIFICATION OF FINAL EIR 12-13
SECTION 24. NOTICE OF DETERMINATION 13-14
SECTION 24.5. TIME PERIODS FOR PREPARATION OF EIRS 14
ICLE IV NEGATIVE DECLARATION 14
SECTION 25. PROPOSED NEGATIVE DECLARATION 14-15
SECTION 26. NOTICE 15
SECTION 27. TIME FOR REVIEW 15-16
SECTION 28. RESPONSE TO COMMENTS 16
SECTION 28.5. TIME PERIODS FOR NEGATIVE DECLARATIONS 16-17
SECTION 29. FINAL NEGATIVE DECLARATION 17
SECTION 30. NOTICE OF DETERMINATION 17-18
TICLE V REVIEW BY STATE Al;ENCIES
SECTION 31. REVIEW BY STATE AGENCIES
SECTION 32. PROJECTS OF STATEWIDE, REGIONAL OR
AREA SIGNIFICANCE
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ENVIRONMENTAL REVIEW PROCEDURES
POR THE CITY OF SAN BERNARDINO
ARTICLE I GENERAL
SECTION 1. PURPOSE. The purpose for these procedures is
to provide for the orderly evaluation of projects and the prepara
tion of environmental documents pursuant to the California
Environmental Quality Act of 1970, Public Resources Code, Section
21000, et seq.
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SECTION 2. POLICY. The Mayor and COIDllIOn COuncil hereby
declare that it is the policy of the City of San Bernardino to:
(a) Develop and maintain a high-quality environment now
and in the future, and take all action necessary to
protect, rehabilitate, and enhance the environmental
quality of the City and its environs.
(b) Take all action necessary to provide the people of
this City with clean air and water, enjoyment of
aesthetic, natural, scenic, and historic environ-
mental qualities, and freedom from excessive noise.
(c) Prevent the elimination of fish or wildlife species
due to man's activities, insure that fish and wild-
life populations do not drop below self-perpetuating
levels, and preserve for future generations represen-
tations of all plant and animal communities and ex-
amples of the major periods of California history
and the history of the City of San Bernardino.
(d) Ensure that the long-term protection of the environ-
ment shall be the guiding criterion in public de-
cisions.
(e) Create and maintain conditions under which man and
nature can exist in productive harmony to fulfill the
social and economic requirements of present and
future generations.
(f) Develop standards and procedures necessary to protect
environmental quality.
(g) Consider qualitative factors as well as economic and
technical factors and long-term benefits and costs,
in addition to short-term benefits and costs and to
consider alternatives to proposed actions affecting
the environment.
SECTION 3. DEFINITIONS. The definitions of words and
28 phrases used in these procedures are attached hereto as Exhibit
1 "A"
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and incorporated herein by reference.
SECTION 4. THE ENVIRONMENTAL ~E.w..~OMMITTEE.
Ca) The Mayor and Cosuon Council hereby establish an
Environmental Review Committee to analyze and evaluate
the need for and the review of preliainary environ-
mental descriptions and environmental docUlll8nts as
sul:imitted by various city departments and other pro-
ject sponsors pursuant to these guidelines.
Cb) The Committee shall consist of three voting members,
the Planning Director, or his designee, the Director
of Public Works/City Engineer, or his designee, t.he
Superintendent. of Building and Safety, or his designee,
and one non-voting ~r who shall be the Secre~ry
of the Committee and who shall be appoint.ed by t.he
Committee.
Cc) The Commit.tee shall meet at 9:00 a.m. on each Tuesday
of every month in t.he Third Floor Conference Hoam, Cit
Hall, 300 North "D" Street, San Bernardino, Californi ,
and at such other times and places as may be determin
necessary by the membership. The COtIIIIIitt.ee shall
establish additional administrat.ive procedures to
effectively perform its duties.
Cd) The Committee shall be responsible for the preparatio
of environmental documents.
Ce) The Committee may, in its discretion, hold public
hearings on draft Environmental Impact Reports and
proposed Negative Declarations.
Cf) The COtIIIIIittee shall file all environmental and other
documents in the tiae, place and manner required by
these procedures and the laws and regulations of the
State of California.
SECTION 5. ~.
Ca) The Environmental Review Committee CERC) may charge
and collect a reasonable fee for preparing an Environ
mental Impact Report or Negative Declaration for
projects to be carried out by any person other than
the City, in order to recover the estimated costs in
preparing said documents. Such fees shall be payable
prior to the preparation of said documents.
(b) The ERC may charge and collect a reasonable fee from
members of the public for a copy of an envirolUlleJ1tal
document not to exceed the actual cost of reproducing
the document.
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SECTrON 6. PROJECTS CO~!ROLLED !y_ ~r!y".
(a) When the City plans to carry out or approve a project
which is subject to CEQA, which _y have a siqnifican
effect on the environment, the ErR or Neqative
Declaration for the project shall be prepared directl
by, or under contract to, the ERC.
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(b) Where a project which is subject to CEQA is to be
carried out by a non.-<}Overnmental person subject to
approval, financial support, or some other involve-
_nt by a public aqency, the EIR or Neqative
Declaration shall be prepared directly by, or under
contract to, the ERC. However, the ERC may require
the person to supply data and information, both to
determine whether the project _y have a siqnificant
effect on the environment, and to assist in the
preparation of an ErR or Neqative Declaration. This
information _y be submitted in the form of a draft
EIR if the ERC desires. rf information is provided
in the form of a draft ErR or Neqative Declaration,
the ERC may not use the document as its own without
independent evaluation and analysis. The draft EIR
or Neqative Declaration which is sent out for public
review must reflect the independent judqment of the
ERC.
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15 SECTION 7. MIlf:rS'l'ERIAL PROJEC'l'S EXEMPTION. Ministerial
projects are exempt frOlll the requir_nts-o! CEQA, and no environ
16 _ntal documents are required. The followinq actions are found
to be ministerial in nature and are exempt from the requirements
17 found in these procedures.
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(a) Buildinq permits
(b) Business liCenses.
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(c) Final subdivision maps.
(d) Gradinq permits, unless evidence indicates that the
qradinq project may have a siqnificant effect on the
environment.
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(e) Public works construction permits.
(f) Siqn permits.
(q) Permits issued by the Police and Fire Departments.
(h) Temporary use permits.
(i) Review of plans.
(j) Approval of individual utility service connections
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and disconnection.
(k) Any other actions that the ERe may, from time to
time, determine to be ministerial in nature.
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4 SECTION 8. CATEGORICAL EXEMPTIONS. Projects which the
Secretary for Resources ot the St:ate of California has found to
5 have no significant effect on the environment are categorically
ev.~t from the requirement for the preparation of environmental
6 doc'ImIents. Tbese projects are att:acbed hereto as Exhibit -B-
and incorporated berein by reference. Such projects are exempt
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location provisions for Class 3, 4, 5, 6 and 11.
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SECTION 9. EMERGENCY PROJECT EXEMPTIONS. Tbe following
projects are exempt from the requirements--of<=BQA and these pro-
cedures and no RIR is required:
(a) Projects undert:aken, carried out, or approved by a
public agency to maint:ain, repair, restore, delllOlish
or replace property or facilities damaged or destroyed
as a result of a disaster in a disaster stricken area
in wbicb a st:ate of emergency has been proclaimed by
the Governor pursuant to Chapter 7 (commencing with
section 8550) of Division 1, Title 2 of the Govern-
ment Code.
(b) Emergency repairs to public service facilities neces-
sary to maint:ain service.
(c) Specific actions necessary to prevent or mitigate an
emergency.
SECTION 10. OTHER EXEMPTIONS. The following projects are
exempt from the requirements of ~CEQA and tbese procedures
and no EIR is required:
(a) Projects which a public agency rejects.
(b) Actions undert:aken by a public agency relating to any
power plant site or facility, including the expendi-
ture, obligation, or encUlllbrance of funds by a public
agency for planning, engineering I or design purposes,
or for the purchase of equipment, fuel, steam, or
power for sucb power plant, if the power plant site
and related facility will be subject to an EIR or
Negative Declaration prepared by the State Energy
Resources Conservation and Development Commission,
by the Public Utilities Commission, or by the city
and county in which the power plant and related
facility would be located.
(c) Activities or approvals necessary to the bidding for,
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hosting or staging of, and funding or carrying out
of, an Olympic games under the authority of the
International Olympic Committee, except for the
construction of facilities necessary for such
Olympic games.
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SECTION 11. NOTICE OF EXEMPTION.
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(a) When the ERe determines that a City project is exempt
from the requirements of CEQA and these procedures
because it is an emergency project, a ministerial
project or categorically exempt. the ERe may, in its
discretion file a notice of exemption. .. Su'C.h a.
notice shall include (1) a brief description of the
project, (2) a finding that the project is exempt,
including a citatiqn to the State Guidelines section
under which it is found to be exempt, and (3) a brief
statement of reasons to support the findings.
(b) Whenever the ERe approves an applicant's project, it
or the applicant may file a notice of exemption. The
notice shall contain the information required in (a)
above, together with a certified document issued by
the ERe stating that it has found the project to be
exempt.
(c) The notice of exemption will be filed with the County
Clerk. Copies of all such notic.s in the ERe files
will be available for public inspection.
SECTION 12. DISCRETIONARY PROJECTS. Discretionary pro-
jects are subject to the proVisions of CEQA and these procedures.
The following types of projects are hereby found to be dis-
cretionary in nature and therefore must comply with the require-
ments of these procedures.
(a) Change of Zone.
(b) Variances, except as provided in Exhibit B, Class
5(a).
(c) Conditional Development Permit.
(d) Minor Subdivisions (lot splits), except as provided
in Exhibit 8B8, Class 5(a).
(e) Tentative Subdivision Maps.
(f) Building movings.
(g) Public works projects carried out by the City or
other public agency.
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(b) Tbe acquisition of land for future development by tbe
City or other public agency.
(i). The construction of any structure by the City or othe
public agency including related activities such as the
clearing or gradinq of land.
(j) laprovements to publicly owned structures.
(k) The enactment of or amendments to the City zoning
ordinance.
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(1) The adoption of or amendment to the City's General
Plan or elements thereof.
(m) Any other actions which the BRe may from time to
time determine to be discretionary in nature.
(n) Grading permits where evidence indicates that the
grading project may have a significant effect on the
environment.
ARTICLE II ENVlROlIIMEN'l'AL REVIEW PROCEDURES
SECTION 13. CITY DBPAR'l'MBN'l'. The City department that
16 initiates a project or accepts an application from another per-
son for a project is responsible for forwarding all preliminary
17 environmental descriptions and data to the ERC.
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SBCTION 14. PRELIMlNARY,..JtCREBNING.
(a) The BRe shall determine wbetber the project is exempt
from the requir....nts of CBQA and tbese procedures
because the project is ministerial in nature,
categorically exempt, an exempt emergency project, or
does not _et tbe definition of a project as defined
in these procedures.
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(b) If the project is exempt, a Notice of Exemption may
be filed pursuant to the provisions of Section 11 of
these procedures.
SECTION 15. CONSULTA~ON WITH RE..!!~IBLE AGBBCIBS.
(a) Prior to determining whether a negative declaration
or an EIR is required for a project, the ERe shall
consult with all responsible agencies.
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(b) The State Office of Planning and Research, upon
request of the ERe, shall assist the ERC in deter-
mining the various responsible agencies for a pro-
posed project.
SECTION 16. INITIAL ~,!.
(a) If a project is subject to the requirements of CEQA
and these procedures, and not exempted, the ERe shall
conduct an Initial Study to determine if the project
may have a significant effect on the environment,
unless the ERC can determine that the project will
clearly have a siqnificant effect. If any aspects
of the project, either individually or cumulatively,
may cause a siqnificant effect on the environment,
regardless of whether the overall effect of the pro-
ject is adverse or beneficial, then a draft EIR must
be prepared. All phases of project planning, i.Japle-
_ntation, and operation must be considered in the
Initial Study of the project. To _et the require-
_nts of this section, the ERe aay use an Initial
Study prepared pursuant to the National Enviromnental
Policy Act.
(b) Contents. An Initial Study shall contain in brief
form;
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(1)
(2)
(3)
(4)
(5)
(6)
(c) Uses:
(1)
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A description of the project,
An identification of the environmental setting,
An identification of enviromnental effects by
use of a checklist, aatrix, or other method,
A discussion of ways to mitigate the significant
effects identified, if any,
An examination of whether the project is compat-
ible with existing zoning and plans,
The name of the person or persons who prepared
or participated in the Initial Study.
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The Initial Study shall be used to provide a
written determination of whether a proposed
Negative Declaration or a draft EIR shall be
prepared for a project.
(2) Where a project is revised in response to an
Initial Study so that potential adverse effects
are mitigated to a point where no significant
environmental effects would occur, a proposed
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Neqative Declaration shall be prepared instead
of a draft EIll. If the project would still
result in one or more siqnificant effects on the
environment, a draft EIll shall be prepared.
(3) The draft BIll shall uaphasize study of the im-
pacts deterained to be siqnificant and can omit
further U'...i nation of those iJlpacts determined
to be clearly insiqnificant in the Initial Study
(d) Submission of Data. If the project is to be carried
out by a private person or private orqanization, the
ERe IllAY require such person or orqanization to submit
data and info~tion which will enable the ERe to
prepare the Initial study.
(e) In case the activity involves the issuance to a perso
of a lease, perait, licens., certificate, or other
entitlEllMlnt for use by one or llIOre public aqencies,
and all other projects, the ERC shall determine
whether an EIa or Negative Declaration is required.
Such determination shall be IllAde within 40 days from
the date on which an application for a project has
heen received and accepted as complete by the ERe.
SECTION 17. MANDATORY FINDINGS OF SIGNIFICANCE. A projec
be found to have a s1qn1f1cant effect on the environment if
(a) The project has the potential to deqrade the quality
of the environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or wild-
life population to drop below self sustaininq levels,
threaten to eliminate a plant or animal community,
reduce the nUlllber or restrict the ranqe of a rare or
endangered plant or ani_l, or eliminate iJaportant
examples of the _jor periods of california history
or prehistory.
(b) The project has the potential to achieve short-term
envirOD8leJltal qoals to the disadvantage of long-term
environmental goals.
(c) The project has possible environmental effects which
are individually limited but CUIIlUlatively considerabl .
As used in this section, .cuaulatively consider-
able. ..ana that the incr_ntal effects of an in-
dividual 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 a project will cause
substant1al ac1verae effects on human beings, either
directly or indirectly.
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ARTICLE III EIR PROCESS
2 SEC'l'ION 18. DRAFT EIR PROCESS. The following steps
should be followed after the ERe decides to prepare a draft EIR:
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(a) In the event that the ERe determines that an environ-
_ntal illpact report is required for a project, the
ERe shall ~iately send notice of such d~terlllina-
tion by certified mail to each responsible agency.
Upon receipt of such notice, each responsible agency
shall specify to ERe the scope and content of the
enviromaental information which is geJ3&De to such
responsible agency's statutory responsibilities in
connection with the proposed project and which, pur-
suant to the requirements of this division, shall be
included in the environmental impaot report. Such
information shell be specified in writing and shall
be cc.."micated to the ERe by certified lIlail not
later than 4S days after receipt of the notice of the
ERe '. deterlllination. The ERe shall request' silllilar
guidance from appropriate federal agencies.
(b) In order to expedite the requirements of subdivision
(a), the BBC or any responsible agency may request
one or JIOre meetings between repre.entatives of such
agencies for the purpose of assisting the ERe to
deterllline the scope and content of the environmental
information such responsible agency may require. In
the case of a project described in Section 16 (e),
such a request may also be made by the project appli-
cant. Such _etings shall be convened by the ERe
as soon as possible, but no later then 30 days, after
they have been requested.
(c) In order to expedite the requirellleDts of subdivision
(a), the Office of Planninq and Research, upon reques
of the ERe, shall assist it in determining the variou
responsible agencies and any federal agencies which
have responsibility for carrying out or approving a
proposed project. In the case of a project described
in Section 16 (e), such a request may also be made by
the project applicant.
(d) In the event that a state agency is a responsible
agency subject to the require_nts of subdivision (a)
the Office of Planning and Research shall ensure that
the information required by subdivision (a) is trans-
mitted to the ERe within the required tillle period.
(e) When an environmental impact statement bas been, or
will be, prepared for the same project pursuant to
the requirelll8nts of the National EnviroDllelltal Policy
Act of 1969 and implementing regulations thereto, all
or any part of such statement may be submitted in lie
of all or any part of an enviroDlll8ntal impact report
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required by these procedures, provided that such stat -
_nt, or the part thereof so used, shall comply with
the requirements of these procedures.
(f) In the event that a project requires both an environ-
_tal impact report prepared pursuant to the require
_nts of these procedures and an envirollJl8ntal impact
statellent prepared pursuant to the require.snts of
the National Bnvironaental Policy Act of 1969, an
applicant aay request and the lead avency aay waive
the time limits established pursuant to Section
21100.2 or 21151.5 of the Public Utilities Code, if
it finds that additional tt.e is required to prepare
a combined envir~ntal impact report-enviro_tal
impact stau.mt and that the time required to prepar
such a combined doauaent would be sborter than that
required to prepare each dOCUlll8nt separately.
(V) In the event that a project requires both an environ-
_ntal impact report prepared pursuant to the require
_nts of these procedures and an env~tal impact
statesent prepared pursuant to the requireaents of t
National Bnviro_tal Policy Act of 1969, the lead
avenay shall, whenever possible, use the environ-
_ntal impact statement as such enviro_tal iapact
report as provided in Section 21083.5 of the Public
utilities Code. In order to 1Ilphtl'Int the provisions
of this section, each lead aveney to which this
section is applicable shall consult, as soon as
possible, with the aveney required to prepare such
environmental illlpact statellent.
(h) After the ElIC has determined that an UR is required
for a project, it will prepare a draft EIR. The
draft EIR shall be prepared within 194 days from the
date on which the application for the project has be
received and accepted as complete by the ERe.
(1) Notice of Completion. As soon as the draft KIR is
completed, a notice of completion shall be filed with
the secretary of the Resources Aqenay of the State
of California. The notice shall include a brief
description of the project, its proposed location,
and an address where copies of the EIR are available
and the period durinq which cOllllllents will be received
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SECTION 19. PUBLIC REVIEW OF 'l'HB DRAP'l' EIR.
(a) After completinq a draft EIR, the ERe shall consult
with and obtain cOllllllents from public aqencies havinq
jurisdiction by law with respect to the project and
should consult with persons havinq special expertise
with respect to any environaental iapact involved.
The ERe shall provide the qeneral public with an
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opportunity to cOllBllent on the draft EIR.
(b) The ERe shall provide public notice of the completion
of a draft EIR at the same time as it seDds a Notice
of COIIpletion to the Resources Agency. NOtice shall
be 9iven to all organizations and individuals who
have previously requested such notice and shall also
be given by at least one of the following procedures:
(1) Publication, at least once, in a n_spaper of
general circulation in the city of San Bernardin .
(2) Posting of notice on- and off- the site in the
area where the project is located.
(3) Direct mailing to owners of property contiguous
to the project.
(c) '1'he BRe shall use the State Clearing house to dis-
tribute enviroIllll8ntal documents to state agencies,
where required by law.
(d) The draft EIR should be forwarded to other public
agencies which have jurisdiction by law and/or
special expertise with respect to the projects or
project locations.
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SBC'rION 20. TINE POR REVIEW. The ERC shall establish a
15 date for receiving publio (1.0-- &ntson the draft EIR. It may also
establish a date for a public hearin9 if it determines that it
16 WDuld facilitate the purposes and goals of CEQA and these pro-
cedures. Said dates shall not be less than 30 days nor more than
17 90 days after providing public notice of the completion of the
draft BIR.
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SEC'l'ION 21. RESPONSE '1'0 COMMBN'l'S.
(a) The ERe shall evaluate aDd respond to COJllllleDts from
persons who revi-.d the draft EIR. The response may
take the form of a rebuttal to specific co-n-nts, or
it may take the form of a revised draft EIR. The
ERe shall file and retain all comments which will be
available to the public.
(b) Response to c': 9nts should be completed within the
fo11owin9 time periods, -.asured from the date
established for reoeiving comments:
(1) One day if no comments are received.
(2) Within one week if less than 10 c~~nts are
received and the comments do not raise complex
issues.
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(3) Within three weeks if 10 or more comments are
received and the comments do not raise difficult
issues.
(4) Within one IIIOnth if the COIDII\ents raise complex
issues.
SECTION 22. PINAL EIR. The ERe shall prepare the final
5 EIR within 21 days aJ:ter respondinq to the comments. Contents
of an EIa are contained in Exhibit "c" attached hereto, and
6 incorporated herein by reference.
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(a) The final EIR should consist of:
(1) The Draft EIR or a revision of the draft.
(2) Comments and recommendations received on the
Draft EIR either verbatim or in s'ftnM~ry.
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(3) A list of persons, orqanizations and public
aqencies commentinq on the Draft EIR.
(4) The responses of the ERe to siqnificant environ-
mental points raised in the revi_ and consulta-
tion process.
(b) The response of the ERe to comments received may take
the form of a revision of the Draft EIR or may be an
attachment to the Draft KIR. The response shall des-
cribe the disposition of siqnificant environmental
issues raised (e.g., revisions to the proposed projec
to Ilitiqate anticipated illlpacts or objections). In
particular the major issues raised when the ERC's
position is at variance with recOllm\endations and
objections raised in the comments must be addressed i
detail qivinq reasons why specific comments and
suggestions were not accepted, and factors of over-
ridinq iIIIportance warrantinq an override of the
suwsstions.
(c) In case the activity involves the issuance to a perso
of a l_se, permit, license, certificate, or other
entitlement for use by one or IIIOre public aqencies,
or any 'other activity requiring an EIR, the Pinal EIR
shall b8 completed and certified within one (1) year
from the date on which an application for a project
has been received and accepted as complete by the ERe.
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SECTION 23. CERTIFICATION OP PINAL_EIR
(a) The final EIR shall be presented within 30 days after
its CCIIlIpletion to the decision makinq body, cCBDissio ,
board or officer who shall certify that the final EIR
has been completed in CCIIlIpliance with CEQA and the
state guidelines and the decision making body,
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c _ :I ssion, board or officer has revi.-Cl and con-
sidered the information contained in the EIR.
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(b) Findings.
(1) No decision IIIlld.A9 body, c~iasion, board or
officer sball approve or carry out a project for
which an enviroUl8Dtal bIpaot report ha. been
CCDlpleted which identifies one or IIOre .iqnffic t
effect.s of the project. unle.s .\lOh body, Oll :I s-
sion, board or officer IIIlkes one or IIOre of t.he
following findings.
a. CbaAqes or alterations have been required in
or incorporat.ed into, t.ba project. which
aitigat.e or avoid the significant. environ-
mental effect.s thereof as ident.ified in t.he
final EIR.
b. S\lOh changes or alterat.ions are wit.hin t.he
responsibilit.y and jurbcU.ct.ion of another
public agency and not the City. S\lOh change
have been adopted by such other agency or ca
and should be adopted by such other agency.
c. Specific economic, social, or other con-
siderations IIIlke infeasible the ait.igation
measures or project. alt..mativee identified
in t.he final EIR.
(2) '!'he findings required by subsection (1) shall be
supported by subst.a~tial evidence in the record.
(3) The finding in subsection (1) b. shall not be
_de if S\lOh body, CClBlission, board or officer
find. that the Cit.y bas CDDCUrrent. jurillcUction
with another agency to deal with identified
feasible mitigation measures or alt.ernatives.
SECTION 24. NOTICE OF DE'l'BRMINATIOH. Aft.er the Mayor and
C.: :n Council have certified t.h8 EIR, the ERe shall file a
Not.ice of Determination. S\lOh notice ehall include.
(a) An identification of the project by its COIIIIIlOn name
where possible.
(b) The determination of the Mayor and C01IIDIOn Council to
approve or carry out t.he project.
(c) The det.eraination of t.he ERe whether the project in
it.. approved form will have a significant effect on
the environment.
(d) A brief statement of the ai tigation measures which
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_re adopted to reduce the impacts of the approved
project.
(e) A state.ent that an EIR vas prepared pursuant to the
provisions of CBQA and vas certified as required by
14 Cal.Adm.Code, section 15085 (q).
(f) 'the Rotice of Determination shall be filed with the
county olerk of the count:y in which the project
would be located. If the project requires discre-
tionary approval frCllll a state a'leney, the notice
shall also be filed with the Secretary for Resources.
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SECTION 24.5. TIME PERIODS FOR PRE.!,ARA'l'ION OF EIRS.
(a) The time periods specified in these prC)C8Ciures for
EIR's may be extended for a reasonable period of time
in the event that:
(1) Unforeseen cirCUlllstances justify additional
time 1 and
(2) 'the project applicant consents to the extension.
(b) Time extensions may not be qranted that would extend
beyond the followinq liaitations:
(1) A determination that an EIR is required for an
an activity that involves the issuance to a
person of a lease, permit, license, certificate,
or other entitleaent for use by one or more publ c
aqenoies _ust be made within 45 days frCllll the
date a completed application for a project
has been received and accepted as complete by
the ERe.
(2) All EIR's must be completed and certified within
one (1) year.
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ARTICLE IV NEGATIVE DECLARA'l'ION
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SECTION 25. PROPOSED NEGA'tlVE DECLARATION.
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(a> A proposed Jie9ative Declaration shall be prepared for
a project which could potentially have a si'lnificant
effect on the environment, but which the ERe finds
on the basis of an initial study will not have a
significant effect on the environment.
(1) If the ERC determines that a Neqative Declaratio
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is required for an activity that involves the
issuance to a person of a lease, permit, license
certificate, or other entitlement for u_ by
one or more public agenoies, such determination
shall be _de within forty (40) days frail the
date on which an application for a project has
been received and accepted as complete by the
ERe.
(2) The proposed Negative Declaration shall be pre-
pared by the ERe within 7 to 15 days after the
determination has been made that a Negative
Declaration is required.
(b) Before oCIIIPleting a proposed Negative Declaration,
the ERe shall consult with all responsible agenoies
when more than one publio agency will be involved in
the undertaking or approving of a project.
(c) A proposed Negative DeclaraHon shall include:
(1) A brief description of the projeot, including
a c~nly used name for the project, if any.
(2) The location of the project and the name of the
project proponent.
(3) A fiDding that the project will not have a
significant effect on the enviro~nt.
(4) An attached copy of the initial study docu-
I118nting reasons to support the finding.
(5) Mitigation _sures, if any, included in the
project to avoid potentially significant effects
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SECTION 26. NOTICE. Notice of the preparation of a pro-
posed Negative DeclaraUon shall be provided to the public prior 0
final adoption by the ERC. Notice shall be given to all organiza
tions and individuals who have previously requested such notice
and shall also be given by at least one of the following pro-
cedures :
(a) Publication, at least once in a newspaper of general
circulation in the City of San Bernardino.
(b) posting of notice by the ERe on- and off-site in the
area where the project is to be located.
(c) Direct mailing to owners of property contiguous to
the project.
SECTION 27. TIME FOR REVIEW. The ERe shall establish a
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date for receiving public co \tats on the proposed Negative
Declaration. It 11&7 also establish a date for a public hearing
if it determines that it would facilitate the purposes and goals
of CBQA and these procedures. Said date shall be not less than
10 nor JIOre than 20 days after Notice is given pursuant to
seotion 26.
SECTION 28. USPOIISB TO COMMBlfTS.
(a) The BRe shall evaluate and respond to cO""""'nts re-
ceivecl from persons who reviewed the proposed Negativ
Declaration. 'lbe response _y take the form of re-
buttal to specific c. Tnts, or it _y take the form
of a revised lfe9ative Declaration. The ERe shall
file and retain all comments which will be available
te) the public.
(b) Response to ClCllIIIIIents should be completed within the
following tille periods, ....aured from the date
established for receiving or-ents:
(1) one day if no comments are received.
(2) one _k if less than 10 co_nts are received
and the ocmaents do not raise cOlllplex issues.
(3) Twenty days if the comments raise difficult
issues.
SECTION 28.5. 'lIMB PERIODS FOR NEGATIVE DECLARATIONS.
(a) 'lbe time periods specified in these procedures for
Negative Declarations may be extended for a reasonabl
period of tille in the event that:
(1) Unforeseen cirCUIIIstances justify additional time
and
(2) The projeot applicant consents to the extension.
(b) Tille extensions _y not be granted that would extend
beyond the following liJlli tat ions .
(1) A determination that a Negative Declaration is
required for an activity that involves the
issuance to a person of a lease, permit, license
certificate, or other entitlement for use by one
or more public agencies must be made within 45
days from the date a cOlllpleted application for
a project has been received and aocepted as
complete by the ERe.
(2) If the aotivity involves the issuance to a per-
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lIOn of a lease, permit, liClense, ClertifiClate, or
other entitlement for use by one or IIlOre public
agencies, the final He9ative DeCllaratioD shall
be c~leted and a Notice of Determination
filed within 105 days from the date an applica-
tion for a project has been received and accepted
as COIIIplete by the ERe. All other !le9ative
Declarations must be OOIIIpleted and a Notice of
Determination filed within one (1) year from the
date the application was received and accepted
as cOlllplete by the ERe.
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SECTION 29. FINAL NEGATIVE DECLARA'!!Q!!.
(a) If, after evaluating the camaents, the ERe deter-
mines that the proposed Neqative Declaration is
applicable to the project, it shall prepare a final
!le9ative Declaration within ten (10) days after
response to C(J.4 Ints have been prepared.
(b) In case the activity involves the issuance to a per-
son of a lease, permit, license, certificate, or
other entitl_t for use by one or IIlOre public
agenci_, the final Negative Declaration shall be
COIIIIpleted and a Notice of Determination filed within
105 days from the date on which an application for a
project has been received and accepted as cOlllplete by
the ERe. All other Neqative Declarations must be
OOIIIplete4 and a Notice of Determination filed within
one (1) year from the date the application was re-
ceived and accepted as c~lete by the ERe.
(c) If the ERC rever.es the proposed Neqative Declaration
it shall proceed to prepare a draft EIR.
(d) The final lIIegative Declaration shall inCllude those
it..s required in the proposed Neqative Declaration
as outlined in Section 25 (c).
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SECTION 30. NOTICE OP DETERMINATION.
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(a) After making a decision to carry out or approve a
project for which a Neqative Declaration has been
prepared, the ERe shall file a Notice of Determinatio
with a copy of the Negative Declaration attached.
(b) The Notice of Determination shall include I
(1) The decision of the Mayor and Common COuncil,
eity officer, board, ~1ssion or 8IIlPloyee
havinq authority to do 110, approving or dis-
approving the project.
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(2) The determination of the ERe whether the project
will have a significant effect on the environ-
_nt.
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(3) A sta~nt that no EIR has been prepared pur-
suant to the provisions of CEOA.
(c) The Notice of Determination shall be filed with the
county clerk of the county in which the project is
located. If the project: requires discretionary
approva1. froa a state aqency, the Notice of Deter-
a1nation shall also be filed with tha Secretary for
Rasources.
ARTICLE V REVIEW BY STATE AGENCIES
SECTION 31. REVIEW BY S'l'A'l'B AGENCIES.
(a) BIRs and Negative Declarations to be reviewed by
state agancies shall be IIUlaitted to the state
C1earinqhouse, 1400 '1'enth Street, Sacramento, CA
95814.
(b) The followinq environaeDtal documents shall be sub-
mitted to the State Clearinghouse for review by
stata agencies:
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(1) Draft BIRs and Negative Declarations prepared
by a state agency where such agency is a Lead
Agency.
(2) Draft EIRe and Negative Declarations prepared by
a public agency where a state agency is a
responsible aqency or otherwise has jurisdiction
by law with respect to the project.
(3) Draft EISs and lle9ative Declarations prepared
pursuant to NEPA, the Federal Guidelines (Title
40 CPR, Part 1500, 0: incing with section
1500.1), and Parts I and II of Office of Manage-
ment and Budget Circular A-95.
(4) Projects of statewide, regional, or areawide
significance .s designated in Section 32.
(c) Public agencies _y aen4 environmental documents to
the State C1earinqhouse for review where a state
agency has special expertise with regard to the
environmental impactls involved.
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Cd) When an EIR is sulJmitted to the state Clearinghouse,
the revi_ period set by the Lead Agency shall be at
least as long as the period provided in the State
revi_ system operated by the State ClearinghoUse.
In exc::epticmal circuastance., the State Clearinghouse
-1' set shorter revi_ periods when requested by the
Lead Agency.
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SBC'rION 32. PROJEC'l'S OF STA'l'BWIDB, REGIONAL OR AREA
6 SIGRIFICAJICE .
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Ca) Projects meeting the criteria in this section shall
be d....d to be of statewide, regional or areawide
s!gnificlUlCe. BIRs or Negative Declarations prepared
by -1' public agency on a project described in this
section shall be subDitted to the state Clearinghouse
for review regardl.ss of whether -1' state agency has
jurisdiction by law with regard to the project.
Cb) The Lead Agency shall determine that a proposed pro-
ject is of statewide, regional, or areawide
significance if the project ..ets any of the followin
criteria:
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Cl) A proposed local general plan, element, or amend
ment thereof for which an EIR was prepared.
(2) A state or regional lend use plan affecting more
than one county.
(3) A project which aight interfere with the attain-
ment or _iotenense of regional air quality
standards including =
a. A proposed residential development of more
than 500 dwalling units.
b. A proposed shopping center or business
.stahUsbllent 8IIploying more than 1,000
persons or eo"-oapassing more than 500,000
square feet of floor space.
c. A proposed cntllllt9rClial office building
-.ploying IIOre than 1,000 persons or en-
compassing more than 250,000 square feet of
floor space.
d. A proposed hotel/aotel development of more
than 500 rooms.
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e. A proposed industrial manufacturing, pro-
cessing plant, or industrial park' housing
more than 1,000 persons, occupying more than
40 acres of land, or encompassing more than
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650,000 square feet of floor area.
(4) A project whose direct, anticipated environ-
_ntal effects would extend beyond the qeographi
boundary of a city or county.
(5) A project which say result in the cancellation
of a contract: for tbe establi8bment of an
agricultural preserve as defined in the
California Land CoDnrvation Act of 1965
(Willa-son Act) or in the reaonlnq from
agriculture of any parcel of 100 or more acres.
(6) A project located in or substantially iapactinq
on an area critical envirolUlental sensitivity
for which an EIR _s prepared.
(7) A project which say iapact on sensitive wild-
life habitats including but not li.Jllited to
habitats for rare and endangered species as
defined by Fish and Game Code Section 903, (e.q.
riparian wetlands, bays, estuaries, and marshes)
and other broad habitats identified as being of
statewide interest.
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(8) A project which is subject to interstate or
international .jurisdiction.
(9) A project which requires a peX1llit or approval
from an agency of the federal government or is
sponsored by a federal agency.
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1 EXHIBIT "An
2 DEFINITIONS
3 General. Whenever the following words, teJ:1llS and phrases
are used in these procedures, unless otherwise defined, they
4 shall have the meaning ascribed to them in this section. These
definitions are intended to clarify but not to replace or negate
5 the definitions used in CEQA.
6
~licant. Applicant means a person who proposes to carry
out a project which needs a lease, permit, license, certificate,
or other entitlement to use, or financial assistance from one or
IIIOre public agencies when that person applies for the govern-
mental approval or assistance.
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Approval. The decision by the City Council to commit the
City to a definite course of action in regard to a project pro-
posed to be carried out by any City department. The time at
which such commitment is made is as follows:
1. A decision to acquire property for development with
13 public facilities at a later date.
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2. The bid award date on a public construction project.
In connection with private activities, approval occurs
upon the earliest commitment to issue or the issuance by the City
of a discretionary contract, grant, subsidy, loan, or other form
of financial assistance, lease, permit, license, certificate, or
other entitlement for use of the project.
CEQA - california Environmental Quality Act. Environmenta
Quality Act (CEQA) means Calflornla Publfc--Resources Code Section
21000, et seq.
Categorical Exemption. Categorical exemption means an
exception from the requirement for the preparation of an environ-
mental impact report for a class of projects based on a finding
by the secretary for Resources of the State of California that
the class of projects does not have a significant effect on the
environment.
City. City shall mean the City of San Bernardino.
Discretionary Project. Discretionary project means an
activity defined as a project which requires the exercise of
judqment, deliberation, or decision on the part of the City in
the process of approving or disapproving a particular activity,
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IS
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1 as distinquished from situations where the City merely has to
determine whether there has been conformity with applicable
2 statutes, ordinances, or regulations.
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Emerqeney. _ergency means a sudden, unexpected occurrence,
4 involving a clear and ~inent danger, delllllnding illllll8diate action
to prevent or mitigate loss of, or damaqe to, lite, health, pro-
S perty, or essential public services. Emergency includes such
occurrences as tire, flood, earthquake, or other soil or geoloqic
6 IlIOvements, as well as such occurrences as riot, accident, or
sabotage.
Enviro~t. Environment lIeans the physical conditions
which exist in the area which will be affected by a proposed pro-
ject including land, air, water, lIinerals, flora, fauna, llIlbient
noise, objects of historic or aesthetic significance.
Environmental DocUlllents. Environmental doCUllents mean
Draft and Final BIRs, Initial Studies, Negative Declarations,
Notices of Completion, and Notices of Determination.
EIR - EnviroJUDental ~ct Report. EnvironllleDtal Impact
Report (EIR) means a detail statement setting forth the environ-
mental effects and considerations pertaining to a project as
specified in Section 21100 of the California Environmental
Qual! ty Act.
1. Draft EIR means an EIR containing the information
specified in Exhibit .C. of these Guidelines.
2. Final EIR means an EIR containing the information
specified in Exhibit .C. of these Guidelines, a section for
comments received in the consultation process, and the response
of the Responsible Agency to the comments received.
EIS - BnviroJUDental I1IIpact Statement. Environmental
Impact Statement (EIS) means an environmental impact report pre-
pared pursuant to the National Environmental Policy Act (NEPA).
The Federal GoverJUDent uses the term EIS in the place of the
term EIR which is used in CEQA.
ERe - EnviroJUDental Review ComIIIittee. Enviromaental Revie
Co_ittee (ERe) means the cOllllllfttee established by these procedur
to analyze and evaluate the need for and to review Environmental
Impact reports prepared pursuant to these Guidelines.
Feasible. Feasible means capable of being accomplished in
a successful IlIllnner by reasonably available, economic, and work-
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Initial Study. Initial study means a preliminary analysi
prepared by the BRC to determine whether an EIR or a Negative
Declaration must be prepared.
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Lead ~ency. Lead Agency means the public aqency which
has the princ pal responsibility for preparinq environmental
documents and for carryinq out or approving a project which may
have a significant effect on the enviro~nt.
8 Local Agency. Local Agency _ans any public agency other
than a state agency, board or COIEission. Local Aqency includes
9 but is not limited to cities, counties, charter cities and
counties, districts, school districts, special districts, redevel
10 opment aqencies, local aqency formation cOllllllissions, and any
board, commission, or organization subdivision of a local agency
11 when so designated by order or resolution of the governing
body of the local agency.
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13 Ministerial Projects. Ministerial projects as a general
rule, include those activities defined as projects which are
14 undertaken or approved by a gove~ntal decision which a City
officer or City agency makes upon a given state of facts in a
15 prescribed manner in obedience to the mandate of legal authority.
With these projects, the officer or aqency must act upon the
16 qiven facts without reqard to his own judgment or opinion con-
cerninq the propriety of wisdom of the act althouqh the statute,
17 ordinance, or requlation may require, in s~ deqree, a con-
struction of its lanquaqe by the officer. In s1Dllllary, a
18 ministerial decision involves only the use of fixed standards or
Objective _asur.-nts without personal judgment.
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Negative Declaration. Neqative declaration means a
written stat.-nt by the ERe briefly describing the reasons that
a proposed project, although not otherwise exempt, will not have
a significant effect on the enviro~nt and, therefore, does not
require the preparation of an EIR.
report
agency
copies
Notice of C:letion. Notice of Completion _ans
filed with t e Secretary for Resources as soon as
has completed a draft SIR and is prepared to send
for review.
a brief
a public
out
Notice of Determination. Notice of Determination means a
brief notice to be filed by the City when it approves or deter-
mines to carry out a project which is subject to the requirements
of CEQA.
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Notice of Ex~tion. Notice of ExelllPtion _ans a brief
notice which may be led by the ERC when it has approved or
determined to carry out a project, and it has deterained that it
is ministerial, categorically exelllPt, or an emerqency project.
such a notice may also be filed by an applicant where such a de-
termination has been made by a public agency which must approve
the project.
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Person. Person includes any person, firm, association,
orqaniution, partnership, business, trust, corporation, coapany,
district, county, city and county, city, town, the State, and any
of the agencies' political subdivisions of such entities.
Project.
1. Project _ans the whole of an action, which has a
potential for resulting in a physical change in the environment,
directly or ultimately, that is any of the following:
Ca) An activity directly undertaken by any public
agency including but not limited to public works construction and
related activities, clearing or grading of land, iaprov_ents to
existing public structures, enactment and amendment of zoning
ordinances, and the adoption and .-ndment of local General Plans
or elements thereof pursuant to Government Code Sections 65100 -
65700.
Cb) An activity undertaken by a person which is
supported in whole or in part through public agency contracts,
grants, subsidies, loans, or other forms of assistance from one
or more public agencies.
Cc) An activity inVOlving the issuance to a person of
a lease, permit, license, certificate, or other entitlement for
use by one or more public agencies.
2. Project does not include:
(a) Anything specifically eXeIIlPted by State law.
Cb) Proposals for legislation to be enacted by the
State Legislature other than requests by state agencies for
authorization or funding for projects independently from the
Budget Act.
(c) Continuing administrative or maintenance
activities, such as purchases for supplies, personnel-related
actions, emergency repairs to public service facilities, general
policy, and procedure making (except as they are applied to
specific instances covered above), feasibility or planning
studies.
(d) The submittal of proposals to a vote of the
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1 people of the State or of a particular community.
2 3. The term "project" refers to the activity which is
beinq approved and which may be subject to several discretionary
3 approvals by qover...ntal allencies. The term .project" does not
mean each separate qovernmental approval.
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prelimi~ Environmental Descr~~on. A Prelilllinary
Enviro~tal 8Cription is a written -aescription of a project,
that is sufficiently detailed to enable the Environmental Review
CoIalittee to make an initial study.
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Public Aqency. Public aqeney includes any state aqancy,
board or cClllll8ission and any local or reqional aqeney, as defined
in these Guidelines. It does not include the courts of the State
This term does not include aqencies of the federal qovernment.
RercffinSible Aqeney. Responsible Aqency means a public
aqaney wh c proposes to carry out a project, but is not the Lead
Aqency for the project. It includes all public aqencies other
than the Lead Aqency which have approval power over the project.
Significant Effect on the Environment. Siqnificant effect
on the anv1romaent means a substantial, cii-'Potentially sub-
stantial, adverse chanqe in any of the physical conditions
within the area affected by the activity includinq land, air,
water, minerals, flora, fauna, ambient noise, and objects of
historic or aesthetic siqnificance.
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EXHIBIT "B"
CATEGORICAL EXEMPTIONS
SECTION 1. cateQOrical.J:X=tions. Section 21084 of the
Public Resources Code requires t .. procedures to include a list
of classes of projects which have been determined not to bave a
siqnificant effect on the environment and which shall, therefore,
be exeapt frOll\ the provisions of the Environmental Quality Act of
1970.
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SECTION 2. The followinq are exceptions to the cateqorica
exeaptions contained in Section 3:
(a) Location. Classes 3, 4, 5, 6 and 11 are qualified by
consideration of where the project is to be located. A project
that is ordinarily insiqnificant in its impact on the environ-
I118nt, may, in a particularly sensitive environment be siqnificant
Therefore, these classes are considered to apply in all instances
except where the project may impact on an environmental resource
of hazardous or critical concern where desiqnated, precisely
mapped, and officially adopted pursuant to law by federal, state,
or local aqencies.
(b) Cumulative ~act. All exemptions for these clas88s
are inapplicable when t e cumulative impact of successive pro-
jects of the same type in the same place, over time is siqnifican ;
for example, annual additions to an existing building' under
Class 1.
SECTION 3. In response to that mandate, the Secretary for
Resources has found that the following classes of projects listed
in this Exhibit do not have a significant effect on the environ-
ment and they are declared to be cateqorically exempt from the
requirement for the preparation of an EIR.
Class 1: Existinq Facilities. Class 1 consists of the
operation, repair, maintenance or minor alteration of existinq
public or private structures, facilities, mechanical equipment,
or topographical features, involvinq neqligible or no expansion
of use beyond that previously existing, including but not limited
to:
(a) Interior or exterior alterations involvinq such thinq
23 as interior partitions, plumbinq, and electrical conveyances.
24 (b) Existing facilities of both investor and publicly
owned utilities used to provide electric power, natural gas,
25 se_rage, or other public utility services.
26 (c) Existing highways and streets, sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities except
27 where the activity will involve removal of a scenic resource in-
cludinq a stand of trees, a rock outcroppinq, or an historic
28 buildinq.
1 (d) Restoration, or rehabilitation of deteriorated or
damaqed structures, facilities or mechanical equipment to meet
2 current standards of public health and safety, unless it is deter
..hoed that the damage was substantial and resulted from an
3 environmental hazard such as earthquake, landslide or flood.
4 (e) Additions to existinq structures provided that the
addition will not result in an increase of more than 50 percent
5 of the floor area of the structures before the addition or 2500
square feet, whichever is less.
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(f) Addition of safety or health protection devices for
7 u_ durinq construction of or in conjunction with existinq
structures, facilities or mechanical equipment, or topoqraphical
8 features includinq naviqational devices.
9 (g) New copy on existing on- and off-premise signs.
10 (h) Maintenance of existinq landscaping, native growth
and water supply reservoirs (excludinq the use of economic poison ,
11 as defined in Division 7, Chapter 2, California Agricultural
Code) .
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(i) Maintenance of fish screens, fish ladders, wildlife
13 habitat areas, artificial wildlife waterway devices, streamflows,
sprinqs and waterholes, and stream channels (clearinq of debris)
14 to protect fish and wildlife resources.
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(j) Fish stocking by the California Department of Fish an
Game.
(k) Division of existing multiple family rental units int
condominiums.
(1) Demolition and removal of individual small structures
listed in this subsection except where the structures are of
historical, archaeological or architectural siqnificance:
(1) Single family residences not in conjunction with
the demolition of two or more units,
(2) Motels, apartments, and duplexs designed for not
more than four dwelling units if not in conjunction with
the demolition of two or more such structures,
(3) stores, offices, and restaurants if designed for
an occupant load of 20 persons or less, if not in con-
junction with the demolition of two or more such structure ,
(4) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences.
(m) Minor repairs and alterations to existing dams and
appurtenant structures under the supervision of the Department of
Water Resources.
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Class 2, Replacement or Reconstruction. Class 2 consists
of replacement or reconstruction of existfiiq structures and
facilities where the new structure will be located on the SaBe
site as the structure replaced and will have substantially the
same purpose and capacity as the structure replaced, includinq
but not lillli ted to 1
(a) Replacement or reconstruction of existinq schools and
5 hospitals to provide earthquake resistant structures which do not
increase capacity more than SOt.
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(b) Replacement of a commercial structure with a new
7 structure of substantially the same size and purpose.
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Class 3: Hew Construction of Sllall Structures. Class 3
consists of construction and location of sinqle, new, _11
facilities or structures and installation of small new equipment
and facilities includinq but not limited to:
(a) Single family residences not in conjunction with the
buildinq of two or more such units.
(b) Motels, apartments, and duplexes desiqned for not
more than four dwelling units if not in conjunction with the buil -
inq of two or more such structures.
(c) Stores, offices, and restaurants if desiqned for an
occupant load of 20 persons or less, if not in conjunction with
the buildinq of two or more such structures.
(d) Water main, sewaqe, electrical, qas and other utility
extensions of reasonable length to serve such construction.
(e) Accessory (appurtenant) structures including qarages,
carports, patios, swimming pools and fences.
Class 4. Minor Alterations to Land. Class 4 consists of
minor public or private alterations in the condition of land,
water and/or vegetation which do not involve removal of mature,
scenic trees except for fore sty and agricultural purposes.
Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent,
except where it is to be located in a waterway, in any wetland,
in an officially designated (by Federal, State or local govern-
mental action) scenic area, or in officially mapped areas of
severe geologic hazard.
(b) New gardening or landscaping.
(c) Filling of earth into previously excavated land with
material compatible with the natural features of the site.
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1 (d) Minor alterations in land, water and vegetation on
existing offically designated wildlife management areas or fish
2 production facilities which result in improvement of habitat for
fish and wildlife resources or greater fish production.
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(e) Minor t8lllpOrary uses of land having negligible or no
4 permanent effects on the environment, including carnivals, sales
of Christmas trees, etc.
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(f) Minor trenching and backfilling where the surface is
6 restored.
7 (g) Maintenance dredging where the spoil is deposited in
a spoil area authorized by all applicable state and federal
8 regulatory agencies.
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Class 5: Alterations in Land Use LiJllitations.
consists of minor alterations in land use limitations,
zoning, including but not limited to:
Class 5
except
(a) Minor lot line adjustments, side yard and set back
12 variances not resulting in the creation of any new parcel nor in
any change in land use or density.
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(b) Issuance of minor encroachment permits.
Class 6: Information Collection. Class 6 consists of
basic data collection, research, experimental management and
resource evaluation activities which do not result in a serious
or major disturbance to an environmental resource. These may be
for strictly information gathering purposes, or as part of a
study leading to an action which a public agency has not yet
approved, adopted or funded.
Class 7: Actions b, Regulatory Agencies for Protection of
Natural Resources. Class consists of actions taken by regula-
tory agencies as authorized by state law or local ordinance to
assure the maintenance, restoration, or enhancement of a natural
resource where the regulatory process involves procedures for
protection of the environment. Examples include but are not
liJllited to wildlife preservation activities of the State Depart-
ment of Fish and Game. Construction activities are not included
in this exemption.
Class 8: Actions by Reiilator Agencies for Protection of
the Environment. Class 8 cons sts 0 actions ta en y regu atory
agencies, as authorized by state or local ordinance, to assure
the maintenance, restoration, enhanC8lllent, or protection of the
environment where the regulatory process involves procedures for
protection of the environment. Construction activities are not
included in this exemption.
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Class 9: Ins,ections. Class 9 consists of activities
limited entirely to nspec:tion, to check for performance of an
operat.ion, or quality, health or safet.yof a project, including
related activities such as inspection for possible mislabeling,
misrepresentation or adulteration of products.
Class 10: Loans. Class 10 consists of loans made by the
5 Depart.-nt. of Veterans Affairs under the Veterans PaX'lll and HOllIe
Purchase Act. of 1943, mortqages for the purchase of existing
6 structures where the loan will not be used for new const.ruction
and t.he purchase of such mortgages by financial instit.utions.
7 Class 10 includes but is not limited to the following examples:
8 (a) Loans made by the Department of Veterans Affairs unde
the Veterans PaX'III and Home Purchase Act of 1943.
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(b) Purchases of mortgages frOlll banks and mortgage
10 ~ies by the Public Blllployees Retirement syst.em and by the
State Teachers Retirement Sytem.
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Class II: ACCeSBOr Structures. Class 11 consists of con
struction, or placeaent. 0 minor struct.ures accessory t.o (appurte
ant to) exist.ing commercial, industrial, or inst.itutional facili-
ties, including but. not. limited to:
(a) on-premise siqns.
(b) Small parking lots.
Class 12: S~lUS Government Propert.y Sales. Class 12
consists of sales 0 surplus qove~nt. property except for par-
cels of land located in an area of st.atewide interest or potentia
area of critical concern as identified in the Governor's Envirnon
mental Goals and Policy Report. prepared pursuant. t.o Government.
Code sect.ion 65041, et seq. However, if the surplus property to
be sold is located in those areas identified in Governor's
Environment.al Goals and Policy Report, its sale is exempt if:
(a) The property does not have siqnificant values for
22 wildlife habitat or other environmental purposes, and
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(b) Any of the following conditions exist:
(1) The property is of such size or shape that it is
incapable of independent development or use, or
(2) The property to be sold would qualify for an
exemption under any other class of cat.egorical exemption
in Article 8 of these quidelines, or
(3) The use of the propert.y and adjacent propert.y
has not changed since the time of purchase by the public
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agency.
Class 13: ~isition of Lands for Wildlife Conservation
::2':ses. Class 1 consists of tbe acquisition of lands for ti'sh
wildlife conservation purposes including preservation of fish
and wildlife habitat, establishing ecological reserves under
Fish and G.uIe Code Section 1580, and preserving access to public
lands and _tars where the purpose of the acquisition is to pre-
lIerVe the land in its natural condition.
Class 14: Minor Additions to Schools. Class 14 consists
of ainor additions to existing schools withIn existing school
grounds where the addition does not increase original student
capacity by IIIOre than 25\ or five classrooms, whichever is less.
The addition of portable classrooms is included in this exemption
Class 16: in order to Creat
Parks. Class 16 cons sts 0 the a s t on or sa e 0 1 n
order to establish a park where the land is in a natural con-
dition or contains historic sites or archaeological sites and
either:
(a) The management plan for the park has not been pre-
14 pared, or
15 (b) The management plan proposes to keep the area in a
natural condition or preserve the historic or archaeological site
16 CBQA will apply when a management plan is proposed that will
change the area from its natural condition or significantly chang
17 the historic or archaeological site.
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Class 17: ~n s~ Contracts or Easements. Class 17
consists of the est lis t 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 cancella-
tion of such preserves, contracts, interests or easements is not
included.
Class 18: Designation of Wilderness Areas. Class 18 con-
sists of the desiqnat10n or w11derness areas under the California
Wilderness System.
Class 19: Annexations of Existing Pacilities and Lots for
Exempt Facilities. Class 19 consists of only the following
annexations:
(a) Annexations to a city or special district of areas
containing existing public or private structures developed to the
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density allowed by the current zoning or pre-zoninq of either
the gaining or losing qovernmental ageney whichever is more
restrictive, provided, however, that the extension of utility
services to the existing facilities would have a capacity to
serve only the existing facilities.
(b) Annexations of individual small parcels of the mini-
mum size for facilities exempted by Section 15103, New Construc-
tion of Sllla1l Structures.
encies .
reorqanizatio
are
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having
identical powers.
(c) Merger with a city of a district lying entirely
within the boundaries of the city.
Class 21. Drilling, Redrilling or DeeEiH of DeVelop-
ment: wells within EstabUshed onshore Oil or s alds. ciass
21 consists of the drilling, redril1inq, or deepening of ....lls
for the purpose of developing established oil or gas zones within
the known productive limits of onshore oil or gas fields that
meet one of the following criteria:
(a) Zone pressures are well documented and are at or
below normal hydrostatic pressure.
(b) Geologic conditions are well documented.
(c) More than 50\ of the development wells that can be
expected to be drilled in the field have been drilled.
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EXHIBIT .C.
CONTENTS OF EIR'S
SECTION 1. General
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(a) EnvirolUll8Dtal Impact Reports shall contain the infor-
mation outlined in this Exhibit. Eacb element must be covered,
and when these elements are not separated into distinct sections,
the document shall state where in the dOCUlleDt each el-.nt is
discussed.
(b) Each report shall contain a brief .'---"'y of the pro-
posed action and its consequences in lanCJWlge sufficiently s!aple
that the issues can be understood by the average ~r of the la
public. The EIR shall also contain a table of contents or an
index.
(c) The information contained in an EIR shall include
.-ari.ed technical data, IIl.&ps, plot plans, diagr_s, and simila
relevant information sufficient to perait full as..saaent of
significant envirolllleJltal illpacts by revi_ing agencies and aembe s
of the public. Placement of highly technical and specialized
analysis and data in the body of an EIR should be avoided through
inclusion of supporting information and analyses as appendices
to the main body of the EIR. Appendices to the EIR may be pre-
pared in volWll8s separate fr01ll the basic EIR docuaent, but shall
be available for public examination and shall be sublaitted to all
clearinghouses which assist in public review.
(d) The EIR should be prepared using a systematic, inter-
disciplinary approach. The interdisciplinary analysis shall be
conducted by COII\P8tent individuals, but no single discipline
shall be designated or required to undertake this evaluation.
Preparation of EIRs is dependent upon information fr01ll many
sources, including the engineering project report and many
scientific dOCUIIeDts relating to environmental features. The EIR
shall reference all documents used in its preparation including
where possible, a citation to the page and section nt1lllbe~ of any
technical reports which were used as the basis for any statements
in the EIR.
(el The EIR should discuss environmental effects in pro-
portion to their severity and probability of occurrence. Effects
dismissed in an initial study as clearly insignificant and un-
likely to occur need not be discussed further in the EIR unless
the Lead Agency subsequently receives information inoonsistent
with the finding in the initial study. A copy of the initial
study shall be attached to the EIR to provide the basis for
limiting the illpacts discussed. .
(f) An EIR shall contain a statement briefly indicating
the reasons for deterJllining that various effects of a project
that could possibly be considered significant were not found to
be significant, and consequently, were not discussed in detail in
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the EIa.
(q) Draftinq an EIR necessarily involves SOlll8 degree of
forecastinq. While fores_inq the unfore..eable is not possible,
an agency must u.. its best efforts to find out and disclo.. all
that it r_sonably can.
(h) If, after thorouqh investigation, a Lead Agency finds
5 that a particular impact is too speculative for evaluation, the
aqency should note its conclusion and terminate discussion of the
6 iJIIpact .
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SBC'f'IOH 2. Description of Project. The description of
the project shall contain the followin"'9Tnformation, but should
not supply exteJlsive detail beyond that needed for evaluation and
review of the environmental iJllpact.
(a) The precise location and boundaries of the proposed
project shall be shown on a detailed _p, preferably topographic.
The location of the project shall also appear on a regional _po
12 (b) A statement of the objectives sought by the proposed
project.
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(c) A general description of the project's technical,
14 economic, and environmental characteristics considerinq the
principal engineering proposals and supporting public service
15 facilities.
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SECTION 3. Description of Enviromaental Settinl' An EIR
must include a description of the environlllent in the v cinity of
the project, as it exists before QClJ 1tncement of the project,
from both a local and regional perspective. Knowledge of the
regional setting is critical to the as..sement of environmental
iJIIpacts. Special emphasis should be placed on environmental
resources that are rare or unique to that region. Specific
reference to related projects, both public and private, both
existent and planned, in the region should also be included for
purposes of examining the possible cumulative impact of such
projects.
SECTION 4. Environmental ~~t;. All phases of a project
must be considered wben evaluating {tSimpact on the environment:
planning, acquisition, development, and operation. The followinq
subjects shall be discussed, preferably in separate sections or
paragraphs. If they are not discussed separately, the EIR shall
include a table showinq where each of the subjects is discussed.
(a) The Significant EnViromltal Effects of the Proposed
Project. Describe the direct and rect siqnificant effects ol
the project on the environment, qivinq due consideration to both
the short-term and long-term effects. It should include relevant
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specifics of the area, the resources involved, physical cbanges,
alterations to ecological systems and changes induced in popula-
tion distribution, population concentration, the human use of
the land (including "<>-ercial and residential development) and
other aspects of the resource base such as water, scenic quality
and public services. CUllulative effect shall also be discussed
when found to be significant.
(b) Any Significant Environmental Effects Which c.Dnot Be
Avoided if the Pxgpoaal 1s ~1..-nted. Describe any signUioant
taq;.cts, Ulcludinq €hose whICh can be reduced to an insignificant
level but not eliminated. Where there are bapacts that cannot be
alleviated without imposinq an alternative design, their iJaplica-
tiOJis and the reasons why the project h being proposed, notwith-
standinq their effect, should be described. Describe significant
iJlpacts on any aesthetically valuable surroundings, or on human
health.
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(c) Hiti .tion Measures Pxo sed to Mint.ize the Si nifi-
cant Effects. Deser s gn cant, avo e, a verse cts,
inclucUng inefficient and unnecessary consUlllption of energy and
water, and measures to minimi ze these impacts. 'fhe discussion of
mitigation measures shall distinquish between the measures which
are proposed by project proponents to be included in the project
and other measures that are not included but could reason"bly be
expected to reduce adverse impacts. 'fhis discussion shall includ
an identification of the acceptable levels to which such impacts
will be reduced, and the bash upon which such levels were identi
fied. Where several measures are available to mitigate iJapact,
each should be discussed and the basis for selecting a particular
measure should be identified. Enerqy conservation measures, as
well as other appropriate mitigation measures, shall be discussed
when relevant.
(d) Alternatives to the Proposed Aotion. Describe all
reasonable alternatives to the project, or to the location of the
project, which could feasibly attain the basic objectives of the
project, and why they were rejected in favor of the ultimate
choice. 'fhe specific alternative of -no project- must also
always be evaluated, along with the impact. 'fhe discussion of
alternatives shall include alternatives capable of substantially
reducing or eliminating any significant environmental effects
even if these alternatives substantially inlpede the attainment of
the project objectives, and are more costly.
(e) 'fhe Relationship Between Local Short-'fera Uses of
Man I s Env!rO-i--t and the MaUltenance and EnhaDc..ent of Lont
'farm Produot.Iv ty. Describe the cUlBUl.ative and lOnq-term efleots
of the proposed project which adversely affect the state of the
enviro.-nt. Special attention should be given to impacts which
narrow the range of beneficial uses of the enviroDlllent or pose
long-term risks to health or safety. In addition, the reasons
why the proposed project is believed by the sponsor to be
justified now, rather than reserving an option for further
alternatives, should be explained.
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(f) AnY Significant Irreversible BnviroJ\lllental Changes
Which lfOu14 be ImrOInd in the Pr sed Action Should It Be
.... . sea 0 nonreneva e resource ur g tial
an con nUed phases of the project may be irrevilrsible since a
.large co.aitllent of such resources makea removal or DOnuse there-
after unlikely. Primary impact. and, particularly, secondary
impact.s (such aa a highway iaprov.-nt. whicb provides aceess t.o a
ncmaccesaible area) generally camait. future generat.ions'.to simil
u.... Also irreversible damage can result. frc:llll envirOnllental
acci4ent. associated wit.h the project. Irretrievable c~tJllents
of resources should be evaluated to assure that sucb current
consuapt:ion is justified.
(g) '!'he Growth-Inducing ~ of the Pr~sed Action.
Discuss the val'S in which the proposed proJect could foster
ecollOlaic or population growth, either directly or indirectly, in
the surrounding environ_nt. Included in this are projects wbich
would n.lWe obstacles to population growth (a major expandon of
a waste vater treatJllent plant might, for example, allow for BIOre
construct.ion in service areas). Increases in the population may
further tax existing community service facilities so consideratio
JlUst be given to this impact. Also, discuss the characteristic
of some projects which may encourage and facilitate other
act.ivities that could significantly affect the enYir~ent, eithe
individually or c\1lll\llatively. It JlUst not be as8Ullled that growth
in any area is necessarily beneficial, detrimental, or of little
significance to the environment.
SBC'rIOR 5. Effects Found Not to be Sifjiificant. An EIR
shall contain a statellent briefly indicating e reasons that
various possibly significant effects of a project _re determined
not to be significant, and were, therefore, not discussed in de-
tail in the ElK. Such a statement may be contained in an attach
copy of an initial study.
SEC'l'ION 6. The Preceding section Limitations on Discussio
of Envir2!!!!...ent ImPact. The information requ r y sect ons
(e) and (l) of section 4 need be included only in ElKs prepared
in connection with any of the following activities.
(a) The adoption, amendment, or enactment of a plan,
policy, or ordinance of a public agency.
(b) The adoption by a local agency formation cOllllllission
24 of a resolution making determinations.
25 (c) A project which will be subject to the requirement
for preparing an environmental impact .tat~_nt pursuant to the
26 requirements of the Hational EnvironJRental Policy Act of 1969.
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1 the identity of the persons, firm, or agency preparing the EIR by
contract or other authorization must be given.
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SECTION 8. Water Quality Aspects. Describe in the
3 environmental setting section, and other sections where applicabl ,
water quality aspects of the proposed project which have been
4 previously certified by the appropriate state or interstate
organization as being in substantial compliance with applicable
5 water quality standards.
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SECTION 9. Contents of Final E~~~E.~~~tal Impact Report.
(a) The final EIR shall consist of:
(1) The draft EIR or a revision of the draft.
(2) Comments and recommendations received on the
draft EIR either verbatim or in summary.
(3) A list of persons, organizations, and public
agencies commenting on the draft EIR.
(4) The responses of the Lead Agency to significant
environmental points raised in the review and consultation
process.
(b) The response of the Lead 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 proposed project to mitigate anticipated impacts
or objections). In particular, the major issues raised when the
Lead Agency's position is at variance with recommendations and
Objections raised in the comments must be addressed in detail
giving reasons why specific comments and suggestions were not
accepted, and factors of overriding importance warranting an over
ride of the suggestions.
SECTION 10. Detree of S~ecificity. The degree of specifi ity
required in an EIR wil correspond to the degree of specificity
involved in the underlying activity which is described in the EIR.
(a) An EIR on a construction project will necessarily be
more detailed in the specific effects of the project than will be
an EIR on the adoption of a local general plan or comprehensive
zoning ordinance because hae effects of the construction can be
predicted with greater accuracy.
(b) An EIR on projects such as the adoption or amendment
of a comprehensive zoning ordinance or a local general plan shoul
focus on the secondary effects that can be expected to follow fr
the adoption, but the EIR need not be as detailed as an EIR on th
specific construction projects that might follow.
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SECTION 11. EIR as ~l!~1:_'p-f Gen~a_l,. !,_la.!!.
(a) The requirements for an EIR on a local general plan,
element, or amendment thereof will be satisfied by the general
plan or element document, and no separa~e EIR will be required if:
(1) The general plan addresses all the points re-
quired to be in an EIR. _-
(2) The document contains a special section or a
cover sheet identifying where the qeneral plan document
addresses each of the points required.
(b) Where an EIR has been prepared for a general plan,
element, or amendment, the EIR shall be forwarded to the State
Clearinghouse for review pursuant to Section 15161.6.
SECTION 12. Incorpo~llti_~n by Re~~r.enc~.
(a) An EIR may incorporate by reference all or portions
of another document which is a matter of public record or is
generally available to the public. Where all or part of another
document is incorporated by reference, the incorporated lanquage
shall be considered to be set forth in full as part of the text
of the EIR.
(b) Where part of another document is incorporated by
reference, such other document shall be made available to the
public for inspection at a public place or public buildinq. The
EIR shall state where the incorporated documents will be available
for inspection. At a minimum, the incorporated document shall be
made available to the public in an office of the Lead Agency in
the county where the project would be carried out or in one or
moee public buildinqs such as county offices or public libraries
if the Lead Aqency does not have an office in the county.
(c) Where an EIR uses incorporation by reference, the
incorporated part of the referenced document shall be briefly
summarized where possible or briefly described if the data or
information cannot be summarized. The relationship between the
incorporated part of the referenced document and the EIR shall
be described.
SECTION 13. Standards for Ad~E of an EIR. An EIR
should be prepared with a sufficient eqree.of analysis to provide
decision~kers with information which enables them to make a
decision which intelligently takes account of environmental con-
sequences. An evaluation of the environmental effects of a pro-
posed project need not be exhaustive, but the sufficiency of an
EIR is to be reviewed in the liqht of what .is reasonably feasible.
Disaqreement amonq experts does not make an EIR inadequate. The
courts have looked not for perfection but for adequacy, cOlllplete-
ness, and a qood faith effort at full disclosure.
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