HomeMy WebLinkAboutRES NO 24-77RESOLUTION NO. 24-77
A RESOLUTION OF THE COUNCIL OF THE CITY OF.
BAKERSFIELD ADOPTING OBJECTIVES, CRITERIA
AND PROCEDURES FOR ORDERLY EVALUATION OF
PROJECTS AND THE PREPARATION OF ENVIRONMENTAL
DOCUMENTS SUPPLEMENTARY TO CALIFORNIA ENVIRON-
MENTAL QUALITY ACT AND STATE EIR GUIDELINES,
AND SUPERSEDING CITY OF BAKERSFIELD RESOLUTION
NO. 10-75.
WHEREAS, recent amendments to the California Environmental
Quality Act and the State EIR Guidelines make it necessary to amend
City procedures set forth in Resolution No. 10-75.
NOW, THEREFORE, BE IT RESOLVED by the Council of-the City
of Bakersfield as.follows:
1. That Resolution No. 10-75 is hereby rescinded and
superseded by this resolution. '
2. That any environmental document which has been completed
or sent out for public review before the effective date of this
resolution, in compliance with Resolution No. 10-75 and consistent
with CEQA and the State EIR Guidelines as amended in February, 1975,
shall be deemed to be in compliance with this resolution.
3. That the Objectives, Criteria and Procedures For
Orderly Evaluation of Projects and the Preparation of Environmental
Documents Supplementary to California Environmental Quality Act and
State EIR Guidelines, attached hereto, is hereby adopted.
o0o
I HEREBY CERTIFY that the foregoing resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 28th day of ...... March .... , 1977, by
the following vote:
CITY L~E~a~cio Clerk of the
Council of the City of Bakersfield
CITY OF BAKERSFIELD
OBJECTIVES, CRITERIA AND PROCEDURES FOR
ORDERLY EVALUATION OF PROJECTS AND THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS
SUPPLEMENTARY TO CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND STATE EIR GUIDELINES.
(Adopted by Resolution No. )
I Purpose of City of Bakersfield Regulations.
These regulations set forth procedures to be used by the
City of Bakersfield for the evaluation of projects and the prepara-
tion of environmental documents as required by Section 21082 of the
Public Resources Code and Section 15050 of Chapter 3, Division 6 of
Title 14 of the California Administrative Code. The State EIR Guide-
lines and amendments thereto (Chapter 3, Division 6 of Title 14)
(commencing with Section 15000) of the California Administrative
Code are adopted by reference. Hereinafter references to such
Guidelines shall be to section numbers only, in the 15000 series.
These regulations are intended to be supplementary to the California
Environmental Quality ACt (Public Resources Code, Sections 21000 et
seq. and to the said State EIR Guidelines). Hereinafter references to
such statutes shall be to CEQA or to ~ection numbers only, in the
21000 series. The City of Bakersfield is responsible for complying
with CEQA, the State EIR Guidelines and these regulations.
II Ministerial Projects. (Defined in Section 15032) Reference is to
Section 15073 and Section 21080(b)(1) of CEQA.
A. List of Ministerial Projects: In the absence of any dis-
cretionary provision contained in the relevant city law, the follow-
ing actions or activities are examples deemed to be ministerial and
th~refoKe__exemp~_ from ~he r~quirements of CEQA ....
1. Issuance of building permits, plumbing permits, electri-
cal permits, mechanical permits, sign code permits and demolition
permits.
2. Issuance of business licenses·
3. Approval of final subdivision and parcel maps·
4. Approval of individual utility service connections and
disconnections.
5. Issuance of trailer park operating permits.
6. Issuance of occupancy permits for commercial and
industrial uses.
7. Permits issued by the Building Director under Section
17.46.040 and Section 17.46.120 of the Municipal Code. (Flood Plain
Regulations).
8. Home occupation permits.
9. Other actions or activities which are wholly ministerial
under Section 15032.
B. CEQAApplies If Project Has Discretionary Elements.
Where a project involves an approval that contains elements of both
a ministerial action and a discretionary action, the project will
be deemed to be discretionary and will be subject to the requirements
of CEQA.
III CateRorical Exemptions.(Defined in Section 15023) Reference is
to Sections 15100 through 15120.
A. Categorically Exempt Projects Must Be Discretionary.
Categorical exemptions are to be applied only where a project is not
ministerial. Inclusion of activities in the following list which
may be ministerial shall not be construed as a determination that
such an activity is discretionary.
B. Additions to List of Exemptions to Certain Classes.
Following is a continuation to the list of specific activities which
fall within the exempt classes specified below, which activities are
deemed to be consistent with the letter and intent expressed in the
classes. For the complete list of the classes and the specific
activities which are categorically exempt, reference must be made
to Sections 15101 through 15120. EIRs are not required for projects
described, except under the provisions of Section 15100.2.
Class 3: New Construction of Small Structures. (Following is
a continuation of the list under Section 15103):
f. Signs permitted under any permit procedure provided for, in
Chapter 17.54 of the Municipal Code.
Class 4: Minor Alterations to Land.
tion of the list under Section 15104):
Code.
Code.
(Following is a continua-
h. Construction permits under Chapter 12.16 of the Municipal
i. Street use permits under Chapter 12.20 of the Municipal Code.
j. Utility Pole permits under Chapter 12.24 of the Municipal
k. Installation of traffic signals and street lighting.
1. Weed abatement under Chapter 8.80 of the Municipal Code.
m. House-moving permits.
Class 5: Alterations in Land Use Limitations.
of the list under Section 15105):
(A continuation
c. Minor modification of zoning development standards.
d. Encroachment permits under Chapter 12.32 of the Municipal
Code.
e.
or less.
Conditional use permits for day nurseries with six children
f. Architectural Design Review approvals.
g. Reversion to acreage.
h. Minor street, alley and utility easement vacations and
dedications.
IV Procedures Prior to Initial Study.
A. No Possibility of Significant Effect· When any activity is
proposed, the following preliminary determination may be made: The
Development Services Department shall evaluate the proposal to deter-
mine if there is a possibility that the activity may have a signifi-
cant effect on the environment. Criteria for such determination
shall be the requirements set forth in CEQA and the State EIR Guide-
lines. If it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the
environment the activity shall be deemed not covered by the require-
ments of CEQA, the State EIR Guidelines or these regulations. Such
department shall maintain a list of activities which have been deter-
mined to have no possible significant effect. The determination
authorized herein is provided for in Section 15060.
B. Possibility of Significant Effect - Whether a "Project."
Where there is a possibility that the activity could have a signifi-
cant effect, the Development Services Department shall determine if
the activity is a project under Section 15037. If it is not a "p~o-
ject," no environmental documents are required.
C. Determination of Type of Project. If the activity is a
project under Section 15037, the Development Services Department
shall determine if it is ministerial, emergency or discretionary.
If it is ministerial or emergency within the meaning of CEQA and the
State EIR Guidelines it is exempt from the requirements of CEQA and
no EIR is required. If the project is determined to be discretionary,
the Department shall further determine whether the project is cate-
gorically exempt, in which case no environmental documents are required.
D. Notice of Exemption. (Defined in Section 15035.5) In the
event the City approves or determines to carry out a project, and it
has been determined that the project is ministerial, categorically
exempt or emergency, then a Notice of Exemption may be filed with the
Kern County Clerk in the form appearing in Appendix E of the State
EIR Guidelines, in accordance with Section 15074. The Development
Services Department shall be responsible for the filing of Notices
of Exemption. The applicant may also file such Notice of Exemption,
together with a certified document issued by the City stating it has
found the project to be exempt.
V Initial Study.
A. Determination Whether EIR or Negative Declaration Must Be
Prepared. In the event the discretionary project is not exempt, the
Development Services Department shall determine whether an EIR or
a Negative Declaration must be prepared. To make such determina-
tion an Initial Study shall be prepared pursuant to Sections 15080-
15082. Such preparation is not necessary if the Department deter-
mines that the project will clearly have a significant effect on
the environment.
B. Environmental Information Form. In all cases, the appli-
cant shall prepare fully, and submit, the Environmental Information
Form (Appendix H in the State EIR Guidelines) to the Development
Services Department, such forms to be furnished by the City. Upon
receipt of the said form fully prepared by the applicant and accom-
panied by the appropriate fee for private property, the Department
shall examine its contents and consult with the applicant as to the
completeness, accuracy and objectivity of the information contained
in such form, and shall attach to such form a sheet containing any
further information, corrections or revisions, to the end that infor-
mation concerning the project shall be complete, accurate and objective.
C. Environmental Checklist Form. Upon completion of the Envir-
onmental Information Form in accordance with subparagraph B, the
Development Services Department shall fully prepare the Environmental
Checklist Form (Appendix I in the State EIR Guidelines), taking full
cognizance of the examples of consequences which may be deemed to be
a significant effect on the environment as contained in Appendix G
of the State EIR Guidelines, the mandatory findings of significance
set out in Section 15082 and the considerations stated in Section
15081 and the definition of "significant effect on the environment" '
stated in Section 15040.
D. Determinations to be Made Upon Initial Study. Upon comple-
tion of the Initial Study, the Development Services Department shall
make one of the following determinations:
(1) That the proposed project could not have a signifi-
cant effect on the environment and a Negative Declaration will be
prepared.
(2) That although the proposed project could have a sig-
nificant effect on the environment, there will not be a significant
effect in this case because the mitigation measures described on an
attached sheet have been added to the project and that a Negative
Declaration will be prepared.
(3) That the proposed project may have a significant effect
on the environment and an Environmental Impact Report is required.
VI Negative Declaration. (Defined by Section 15033)~
A. Preparation of Negative Declaration. The Development Ser-
vices Department shall prepare a Negative Declaration for a project
which could potentially have a significant effect on the environ-
ment, but which the Department finds, on the basis of the Initial
Study, will not have a significant effect on the environment.
B. Consultation Before and .After Completion of Negative
De'ciaration.
(1) When other public agencies will also be involved in
undertaking or approving the project, City representatives must con-
sult with all such responsible agencies before completing the Nega-
tive Declaration. (Section 15083, 15066).
(2) After completing the Negative Declaration, represen-
tatives of the City shall also consult with and seek to obtain com-
ments from other public agencies having jurisdiction by law and
consult with persons having special expertise.
C. Contents of Negative Declaration. (Section 15083(c))! A
Negative Declaration shall include:
(1) A brief description of the project; including a
corf~f, only used name for the project, if any.
(2)
proponent.
(3) A finding that the project will not have a significant
effect on the environment.
The location of the project and the name of the project
(4) An attached copy of the Initial Study (Environmental
Information Form and Environmental Checklist Form, completed) docu-
menting reasons to support the finding.
(5) Mitigation measures, if any, included in the project
to avoid potentially significant effects.
VII Provisions For Public Review and CoL~f~ent on Negative Declaration.
Adequate opportunity and time for public review and comment on the
Negative Declaration shall be afforded as follows: (Section 15083(d)(e))
A. Review by State Agencies. Negative Declarations to be
reviewed by state agencies shall be submitted to the State Clearing-
house, 1400 Tenth Street, Sacramento, CA 95814, through Kern COG.
Such review shall apply to Negative Declarations where a state agency
is a responsible agency-or otherwise has jurisdiction by law with
respect to the project. Negative Declarations prepared pursuant to
NEPA, the Federal Guidelines (Title 40 CFR, Part 1500, commencing
with Section 1500.1) and Parts I and II of Office of Management and
Budget Circular A-95 shall also be submitted to the State Clearing-
house. The City may also send Negative Declarations to the State
Clearinghouse for review where a state agency has special expertise
with regard to the environmental impacts involved. The review period
shall be at least as long as the period provided in the State Review
System operated by the State Clearinghouse except when a shorter
period is set by the State Clearinghouse.
B. Notice to Public of Preparationof Negative Declaration.
(1) Notice by mail, of the preparation of a Negative Declara-
tion shall be given to all organizations and individuals who have
previously requested such notice and shall be given at least 10 days
prior to adoption of the Negative Declaration.
(2) In all cases, Notice of the preparation of a Negative
Declaration shall be provided to the public, by publication once in
a newspaper of general circulation published in the City, at least
10 days'prior to adoption of the Negative Declaration. The notice
shall describe the project, state that it has been found that such
proj~c~ ~ill not have a significant effect on the envf~o~nnent', state
where the proposed Negative Declaration may be inspected and state the
deadline for receipt of comments and the place where comments may be sent.
(3) In all cases, Notice of the preparation of a Negative
Declaration shall be provided by posting it, at least 10 days prior
to adoption of the Negative Declaration, on the Planning Director
Bulletin Board. The Notice shall state the deadline for receipt of
comments on the Negative Declaration and the place where comments may
be sent.
(4) Notwithstanding the requirements set forth in subsec-
tions (1), (2) and (3) above, the Department shall provide public
notice of the preparation of a Negative Declaration, at the same time
and in the same manner as public notice otherwise required by law for
the project under consideration, e.g. public notice required by law
for the project shall be combined with the public notice required for
the preparation of the Negative Declaration.
~__~L (5) Coh~f~ents received during the consultation and review
period on the Negative Declaration which raise significant environ-
mental points as to the project shall receive adequate response by
the Department before forwarding to the decision-maker. The Depart-
ment is not foreclosed from causing an EIR to be prepared at any time.
(6) All co~m~ents which have been received and the responses
thereto shall be forwarded to the decision-maker with the proposed
Negative Declaration, together with the Initial Study (the completed
Information and Checklist Form) documenting reasons to support the
finding, for its evaluation, consideration and decision on the Nega-
tive Declaration prior to approval of the project.
(7) The decision-making body or official may modify or
approve, or reject the.Negative Declaration, and require the Department
to cause an EIR to be prepared.
VIII Notice of Determination. (Defined in Section 15035) See also
Section 15083(f). A copy of this Notice appears in Appendix D of the
State EIR Guidelines.
A. Filing After Approval of Project For Which Negative Declara-
tion Prepared. After making a decision to carry out or approve a
project for which a Negative Declaration has been prepared, the
Development Services Department shall file with the Kern County Clerk
a Notice of Determination in the form set forth in Appendix D of the
State EIR Guidelines together with a copy of the Negative Declaration
attached.
B. Where Project Requires State Approval. If the project
requires discretionary approval from a state agency, the Notice of
Determination also shall be filed with the Secretary for Resources,
Room 1311, 1416 Ninth Street, Sacramento, CA 95814.
C. Filing Starts Statute of Limitations. The filing of the
Notice of Determination starts a 30-day statute of limitations on
court challenges to the approval under CEQA.
IX Decision to Prepare EIR--EIR Process.
A. Circumstances Necessitating Preparation of EIR.
15o84)
(Section
(1) If the Development Services Department finds after the
Initial Study that the project may have a significant effect on the
environment, it must prepare or cause to be prepared an EIR.
(2) An EIR should be prepared whenever it can be fairly
argued on the basis of substantial evidence that the project may
have a significant effect on the environment.
(3) An EIR should be prepared when there is a serious pub-
lic controversy concerning the environmental effect of a project.
Controversy not related to an environmental issue does not require
the preparation of an EIR.
(4) An EIR should be prepared when the Development Services
Department determines to do so upon receipt of comments during the
consultation and review process for a Negative Declaration raising
significant environmental points as to the project and when the
decision-making body or official rejects the Negative Declaration.
X The EIR Process. The following steps shall be followed after
it is determined that an EIR shall be prepared:
A. Early Consultation--Prior to Completing Draft.
'(1) Before completing a draft EIR consisting of the infor-
mation specified in Sections 15141, 15142 and 15143 (as modified by
Section 15143.1 where applicable) the appropriate City representa-
tives shall consult with all responsible agencies pursuant to Section
15066. In addition, if it has not already done so, the City should
also consult directly with any person'or organization it believes
will be concerned with the environmental effects of the project.
(2) For projects where federal involvement might require
preparation of a federal EIS, the City should consult with the appro-
priate federal agency on the need for an EIS. If both an EIR and
EIS are needed, the documents should be prepared jointly where federal
regulations or procedures allow, or the EIR should be prepared pur-
suant to Section 15063(b). Preparation of a separate EIR and EIS
for the same project should be avoided if possible.
B. Notice of Completion. (Defined by Section 15034)
(1) As soon as the Draft EIR is completed, (after consul-
tation with responsible agencies) a Notice of Completion in the form
shown in Appendix C of the State EIR Guidelines, must be filed with
the Secretary of the Resources Agency.
(2) Where the EIR will be reviewed through the State
review process handled by the State Clearinghouse, the cover form
required will serve as the Notice of Completion, and no Notice of
Completion need be sent to the Resources Agency.
C. Public Review--Prior to Public Hearing.
(1) After completing a Draft EIR, the appropriate city
representatives shall consult with and obtain comments from public
agencies having jurisdiction by law with respect to the project and
should consult with persons having special expertise with respect
to any environmental impact involved.
(2) Copies of the Draft EIR shall be sent to Kern COG for
distribution to appropriate agencies together with a notice of the
time and place of public hearing.
10.
(3) At least one copy of the Draft EIR shall be sent to
both the main Public Library and the Law Library.
(4) The Notice of Completion or other Notice shall be
posted on the Planning Department Bulletin Board, together with Notice
of the time and place of the public hearing on the Draft EIR and
information where copies are available for review.
(5) Copies of the Draft EIR shall be made available for
acquisition by members of the general public. Any person requesting
a copy shall be charged the actual cost of reproducing it.
D. Time For Review. At the time copies of the Draft EIR are
submitted for review, on or about the time of the filing of the
Notice of Completion, the Development Services Department shall
establish a time period so as to permit adequate review of and com-
ment on the Draft EIR by public agencies, organizations or perSonS
pri~r to the public hearing. Such period of time shall be based upon
the size and scope of the proposed project; such review period shall
not be less than 30 days nor longer than 90 days from the filing of
the Notice of Completion, except in unusual situations.
E. Public Hearing on Draft EIR. All draft EIRs shall be con-
sidered as a public hearing before the Planning Commission of the
City of Bakersfield. The following procedures shall apply:
(1) The public hearing shall be held and conducted not
earlier than 30 nor later than 90 days from the filing of the Notice
of Completion, except in unusual cases.
(2) Notice of the time and place of such public hearing
shall be given by publishing notice thereof in a newspaper of general
circulation published in the City at least 15 days prior to the date
of th~ hearing and posting such notice during such period on the
bulletin board of the Planning Department. The public notice may be
provided at the same time and in the same manner as public notice
otherwise required by law for the project.
11.
(3) Such notice shall describe the project as to nature,
purpose and location, and shall invite the public to attend the
hearing and comment on the Draft EIR.
(4) At the hearing, the focus of the review shall be on
the objectivity and adequacy of the Draft EIR in discussing possible
impacts upon the environment, ways in which adverse effects might
be minimized, and alternatives to the project in light of the intent
of CEQA, to provide decision makers with useful information about
such factors.
F. Response to Co~m~entS. It is the responsibility of the
Development Services Department to respond in writing to all sig-
nificant environmental points raised in the review, consultation and
public hearing process. Such response may take the form of a revi-
sion of the Draft EIR or may be an attachment to the Draft EIR.
The response shall describe the disposition of significant environ-
mental issues raised (for example, revisions to the proposed project
to mitigate anticipated impacts or objections). In particular, the
major issues raised when the City's position is at variance with
recommendations and objections raised in the comments must be addres-
sed in detail giving reasons why specific comments and suggestions
were not accepted, and factors of overriding importance warranting
an override of the suggestions.
XI Preparation of Final EIR.
A. Contents of Final EIR. The final EIR shall consist of:
(1) The Draft EIR or a revision of the draft.
(2) Corf~f~ents and recommendations received on the Draft
EIR either verbatim or in su~f~f~ary.
(3)
A list of persons, o~ganizations'~' and'pUSlic agencies
corf~,enting on the Draft EIR.
(4) The responses of the City to significant environmental
points raised in the review and consultation process.
12.
B. Action by Planning Commission on Final EIR. When the Final
EIR has been completed by the Development Services Department, it
shall be placed on an agenda of a regular meeting of the Planning
Commission for evaluation and consideration by said Commission.
(1) The Planning Commission shall determine whether or not
to recommend certification that the Final EIR has been completed in
compliance with CEQA, the State Environmental Guidelines and these
regulations. Where the Planning Commission is the decision-making
body, it shall so certify the Final EIR as so completed and that it
has reviewed and considered the information contained in the Final
EIR prior to the approval of the project.
(2) When the Planning Commission is the decision-making
body, it shall not approve or carry out a project for which a Final
EIR has been completed which identifies one or more significant
effects of the project unless it makes one or more of the following
written findings for each of those significant effectS, accompanied
by a statement of the facts supporting each finding.
(a) Changes or alterations have been required in,
or incorporated into, the project which mitigate or avoid the sig-
nificant environmental effects thereof as identified in the Final
EIR.
(b) Such changes or alterations are within the respon-
sibility and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency.
(c) Specific economic, social, or other considerations
make infeasible the mitigation measures or project alternatives
identified in the Final EIR.
(3) The findings required by subsection (2) above shall
be supported by substantial evidence in the record.
(4) The finding in subsection (2)(b) above shall not be
made if the agency making the finding has concurrent jurisdiction
13.
with another agency to deal with identified feasible mitigation
measures or alternatives.
C. E'er'ti'fiC'ati0n' of Final EiR.
(1) The Final EIR shall be presented to the decision-
making body of the City. That body (City Council, Board of Zoning
Adjustment or other official or body), shall certify that the Final
EIR has been completed in compliance with CEQA, the State EIR Guide-
lines and these regulations and that such body or official having
final approval authority over the project has reviewed, evaluated
and considered the information contained in the Final EIR prior to
approval of the project.
(2) The decisionsmaking body shall not approve or carry
out a project for which a Final EIR has been completed which identi-
fies one or more significant effects of the project unless it makes
one or more of the written findings for each of those significant
effects, as set forth in subsection B above, accompanied by a state-
ment of the facts supporting each finding.
XII Notice of Determination--After EIR. (See Section 15085(h))
A. Filing of Notice of Determination. After making a deci-
sion to carry out or approve a project for which an EIR has been
prepared, the Development Services Department shall file with the
Kern County Clerk a Notice of Determination in the form set forth
in Appendix D of the State EIR Guidelines. If the project requires
discretionary approval from a state agency, the notice shall also
be filed with the Secretary for Resources.
B. Contents of Notice of Determination. Such notice shall
include:
(1) An identification o~ the' project by its Common name
where possible.
(2)
project.
The decision of the City to approve or carry out the
14.
(3) The determination of the City whether the project in
its approved form will have a significant effect on the environment.
(4) A brief statement of the mitigation measures which
were adopted by the City to reduce the impacts of the approved pro-
ject.
(5) A statement that an EIR was prepared pursuant to the
provisions of CEQA and was certified as required by Section 15085(g).
C. Filing Starts Statute of Limitation'Period. The filing of
the Notice of Determination starts a 30-day statute of limitations
on court challenges to the approval under CEQA.
XIII Appendices.
A
B
C
D
E
F
G
Appendix C is the Notice of Completion.
Appendix D is the Notice of Determination.
Appendix E is the Notice of Exemption.
Appendix F is the Energy Conservation Document.
Appendix G are the examples of significant effects.
Appendix H is the Environmental Information Form.
Appendix. I is the Environmental Checklist Form.
XIV Fees.
A. Preliminary Environmental Assessment--Prior to Initial Study.
There shall be no fee for a preliminary environmental assessment prior
to the Initial Study as set forth in Paragraph IV.
B. Initial Study. The fee for environmental assessment where
it has been determined that the activity is not exempt under CEQA,
e.g. the Initial Study and preparation of Negative Declaration,
shall be in the minimum amount of $20 and shall be paid prior to
such environmental assessment.
C. Environmental Impact Report. The fee for the preparation
of an Environmental Impact Report for a project sponsored entirely
by a person other than the City shall be a minimum of $150 and shall
be paid at the time it is determined that an EIR will be required.
D. Excess Cost. Where the estimated cost to the City to be
incurred in preparing the Initial Study and Negative Declaration or
IS.
the EIR is in excess of the minimum fees established under B and C
above, a reasonable fee may be charged and collected from such
sponsor, in order to recover the estimated costs, which fees must
be paid within a reasonable time after notification by the Develop-
ment Services Department. If any dispute arises over the amount of
such fees, the City Council shall determine the amount of such fees,
which decision is final.
E. Copies to Public. The City shall charge and collect a fee
from members of the public the actual cost of reproducing a copy of
the Negative Declaration or EIR requested by the member of the public.
Projee~ ;Title
Project Location Specific
' Cl
Appendix C *~
Sl:ate of Ca'lifornia' ' ..... ~'
Ths R~ourc~r~ Ag,~nwlt
SECRETARY FOR RESOURCES
.1416 Ninth Stre~L Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Project Lc<~ation--City Project Location--County
· Description of ·Nature, Purpose, and Beneficiaries of Project
Lead Agency ':
Division
Address Where Copy of EIR is Available
Beview Period
Contact Person
.Area (;ode
Phone
~
Extensiot~
Proposed November 12, 1976 antendme,ts attached.
TO: [221 Secretan-for Resources
-. 1416 Ninth Street. Room 1311
· .Sac,ramento. California 95814
["'] county Clerk
County of
SUBJE(~:
Appendix D **
NOTICE OF DETEFilMIHATION
FBOM: (Lead Agency)
Filing of Notice of Determination in compliance with Section 21108 or 2115!
of the Public Resources Code
Projebt Title
State Clearinghouse Number (If submitted to State Clearinghouse)
ContaCt Person
Project Location
Project DescriptiOn
Telephone Number
Thi:,-:' is t'o advise that the "
has ,.'nade the foll6wing.detern~inations (Lead Agency)
regarding the above described pr jeer:
1. The project' has been'7____a approved by the Lead Agency.
122] disapproved ' -
2. The project ~ will have a significant effect on the environment.
[] will not
.3. [2] An Environmental Impact Report was prepared for this F, oject pursuant to
· the provisions of CEQA.
~ A NegatiVe Declaration was prepared for this project purs:ant to the prov/-
sions of CEQA. A cop:,. of the Negative Declaration is attached.
Date Beceived ior Filing.
Signature
PrOposed November
12
1976
amendments
Title
attached.
Appendix E * *
, Ncrtlce of Exem
'TO; !['] S~'bretary. for Resources FROM:
1416 .Ninth Street, Room 1311
Sacramento, California 95814
.County Clerk -
County of
Projeet Title
Project Location---Specific
Project Location--City
Project Location---County
Description of Nature, Purpose, and Beneficiaries of Project
Name of PubHe'Agency Approving Project
Name, of Person or Agency Carrying Out Project
Exempt Status: (Check One)
· .. MinLsterial (Sec. 15073)'
Declared Emergency (See. 15071 (a))
-: Emergency Project (Sec. 15071 (b) and (c)) ·
...... , Categorical Exemption. State type and section number:
Res,~ns why project is exempt:
Contact Person Area Code Telephone' Extension
If filed by applicant: i. "'
1. 'Attach certified document of exemptior.,.; -!nding.
~-. Has a notice of exempH0n b, ccn Fried b' 'the public agency approving the
project? Yes No
Date Received for Filing ·
" Signature
Tile
Proposed November 12, 1976 amendments ai~: ched.
F1.
INTRODUCTION
APPENDIX F
ENERGY CONSERVATION
The goal-of conserving energy implies the wise and efficient use
of energy. The means of achijevlng this goal include:
(1) 'decreasing overall per capita energy consumption,
.(2) decreasing reliance on natural gas and oil, and
(3) increasing reliance on renewable energy sources.
in order'to assure that energy implications are considered in
project decisions, the California Environmental Quality Act requires
that EIRs include a discussion of the potential energy impacts of
proposed projects, with particular emphasis on avoiding or reducing
inefficient, wasteful and unnecessary consumption of energy'.
Energy conservation implies that a project's cost effectiveness be
reviewed not only in dollars, but also in terms of energy require-
mentso For many projects, lifetlmecosts may be determined more
by energy efficiency than by initial dollar costs.
II. EIR CONTENTS-
Potentially significant energ,~ implications of a project. should bc
considered in an EIR. The fc'.lowing list of energy impact
possibilities and potential ~:~nservation measures is designed to
· assist in the preparation of ~n EIR, Inmany instances Specific
items may not apply or addit-3hal items may be needcd.
A. Project Description m~.- include the following items:
1. Energy consuming equipment and processes ~hich will be
used during constructio~ operation and/or removal of the project·
If appropriate, this di.~ussion should consider the energy inten-
sivehess of materials a; t equipment required for the project.
~. Total energy z ~quirements of the project by fuel t~pe
and end use.'
3- Energy conservation equipment and design features.
4. 'Initial and life-cycle energy costs or supplies.
B. Envir0~ental Setting may include existing 'energy supplies
and energy use patterns in the region and locality.
C. Environmental Impacts may include: -
1. The ~roJect's'energy requirements and its~energy use
efficiencies b~ amount and fuel type for·. each stage of the proJect's
life~cYc~e'~l~ding construction, operation, maintenance and/or
removal. If appropriate, the energy intensivehess of materials
may be discussed.
\
2. The eff~ects of the project on local and regional
energy supplies and on requirements for additional capacity.-
3- The effects of the project on peak and base period
demands for electricity and other forms of energy.
'4. The degree to which 'the project complies with existing
energy standards.
5- The effects of the project on energy resources.
D. Mitigation Measures may include:
1. Potential measures to reduce ·wasteful, inefficient and
'·unnecessary consumption of.energy during construction, 8peratlon,
maintena~'ce and/or removal. The discussion .should explain why
certain measures were incorporated· in the project and why other
measures were dismissed.
2. The potential of siting, orlentation~ and de'sign to minimize
energy consumption. .- ...:.
:3-. The potential for reducing peak energy demand.
"4.' Alternate fuels (particularly renewable ones) or' energy
systems : "
· . 5- Energy conservation which could result from recycling
efror s. " t
E.'Alternatives should be compared in terms of overall energy
consumption and'in terms of reducing wasteful, mneffici'ent and
um,ecess,..ry cons~npbion uf energy.
F. Unavoidable Adverse Effects may include wasteful, inefficient'
and unne~:essary consumption of energy during the project constructioL~
operatior~, maintenance and/or removal that cannot be feasibly
mitigated.
G. Irreversible Oommitment of Resources may include a discussion
of how the project preempts future energy development or future
energy conservation.
H.. Short-Term Gains versus Long-'Term Impacts can be compared
by calculating the energy costs over the lifetime of the project
I. Growth Inducing Effects may include the estimated energy
consumption of growth induced by the project.
z
APPENDIX G
SIGNIFYCANT EFFECTS'
project will normally have a significant effect on the
~,-..envi'ronment-.i-f, it will: =-
"' ...... !.-(a)---Conflict with-adopted envir6nmental plans and-goals'of 'the'"
community Where.i~= ~s--located.;.. .~_ .-._= ....... . .... , ..... =-..-
'(b) 'Have a substantial, demonetrabl~'.n~gative aesthetic eEfe6't]
(C) Substantially affect a rare or endangered species of animal
or. plant or the habitat of'the species;
· +· (d) interfere substantially with the movement of any resident
or'migratory fish'or wildlifespecies;
(e) Breach published national, state, or local standards relating
to solid.waste. or litter control;
..... (f) Substantially degrade water quality;·
.-. (g) Contaminate a public water .supply;·
(h) Substantially degrade or deplete ground water resources;
(1). 'Interfere substantially with"ground water .recharge;
. ../ (J) Disrupt or alter an archaeological site·over 200' years'old,
.=....'. an historic site or a pa!eontological sit .except as part of a
· x- scientific study of the site;
· i. (~) 'Induce substantial growth or conc~ ~tration of-population;·
· =~-· (1) cause an increase in traffic which is substantial in
" relation to the existing traffic load and capacity of the street
system; .-.
(m) Displace' a large number of p ople;
(n) ·Encourage activities which r sult in the use of large
amounts of fuel or energy; .
(o) Use fuel' or energy in a wasteful manner;
(p) Increase substantially t'he ambient'noise levels for
adjoining areas;
November ~2, 19Y6 ~endments attached.
'(q) .Cause substantial flooding, erosion or siltation;
(r)' Expose people or structures to major geologic hazards;
(s) Extend a sewer trunk line with capscity to serve new
deve 1 o pment;
(t). Substantially diminish. habitat for fish, wildlife or
plants; ~ .... ': ' .... "~ .'~:. -": ~""' ';"~ ~'-~' "'~'~u' !--
. (V) -Create-"a-public health hazard or a. potential public'health
· hazard; .
(w) Conflict with established recreatio~l'~ educational, religious
or scientific uses of the area; ..
. - (~) Violate any ~mbient air quality standard, contribute
............... sdbStantially to an existi~ or projected air 'quality violation, ._
or. expose sensitive receptors to substantial pollutant concentrations.'
..... . . - .... . .......... .. . · .. .......... , .~..- . .? ..... · ....
. , . . - - ....... -.- ......... . : -. .
: < . ·
· ~ ., .(.._ . :....:.... · .. .. ..... .
· . .. f.
........... A P PENDIX 'H "'
'/Date Filed'
Environmental Information Form
~;-~.'i'."~ ~":-~.-'- .... /'.'-. ';::':~'~--'~To.be completed byapplicant)
.... GENIAL ~NFORr~/TION
"~?-:Y~'f' '.-7~'...';*fi~"].'LName' a~d"' ~ddPe~s' ~f]'~jve~oper or project sponsor:
2.. Address of project: ,
..... '~-I',-.,-,'*-Assessor'.s-Blookand Lot'Number
3.. Name, address, and telephone number of person to be contacted
concerning this project: ' -
~-' Indicate number of the permit aPPlication for the project to
which'this form pertains:
5-' LiSt and describe any other related permits and other public
~PprOvals 'required for this project, including those required by
city, regional, state and federal agencies:' "
6. Existing zoning district:
.Proposed use of site (Project for which this form is filed):
.,' PROJECT DE3~RIPTION
~..- Site size'.
.~.
·lo.
11.
Squarefootage.
Number:of floors of construction.
A.~ount of off-street parking provided.
12. A t ta ch plan~.
Proposed scheduling.
Associated projects.
!5- Anticipated incremental development.
16. If residential, include the number of units, schedule of
unit sizes, range of sale prices or rents, and type of household
· size expected. .. .'. .-
~ . 17. 'If commercial, indicate the type, whether neig~borhood,.'city.
or regionally oriented, square footage of sales area, and loading
" facilities. ..
;-~:~':-.~j¥~ :. i~;-~:--:18~. ~-.;indu~ri~/indi~ca-te ~ype ,-. estimated ~ emp[!6yme;nt per 's~ITt~':"'
and loading facilities ....
" ' ~ ~u.191 If .inst~u~iona!,...indicate the-major-function,--estimated iu
~-- ..............~-.emPloYmen~-.-per_shifl.h,.~as~imatad.occupancy,.. loading facilities~
!..: ........-.. ....a~d .qommunity benefit~_.~.~e derived fromthe prOJect
~ .... .u.' .' .. '.'. _ ' . f
~.'---.~'-~ ....':'-:--~- G.-=-~he project involves-a variance.,'~on~'~tional ~se or rezoni'h~
~ ..................a~l:~cation~-state 'this--and-indicate'clearly'why-the applicat:iSh
is required.
Are"'the following i'tems applicable to the projector its effects-?
" Discuss'below'all items checked yes (attach additional sheets as
.necessary).
.- ".Yes .' ,- ..... : .' .-
-. R1. ~hange in existing features 6f any bays,.tidelandS,
'beaches, lakes or hills, or substantial. alteration'of
.' ground contours.
~2. Change in scenic views or vistas from existing
residential areas or public lands or roads.
RB. Change in pa~tern, scale or character of ~eneral
area of project. ' .... ,
R~; Significant amounts 6~'solid waste or li';er.-.
R5. Change in dust, ash, .smoke, fumes or odo"s in
vicinity. .,
R6.. Change in ocean, bay, lake, stream or ground water
quality or quantity, or alteration of ex:'.sting drainage
patterns.
27- Substantial change in existing'nois~ or vibration
levels in the vicinity. ..
R8. Site on filled land or on slope of ].) percent or more.
Rg- Use of disposal of potentially hazardous materials,
such as toxic substances, flammables or explosives.
,... ......YES NO
__ 30. Substantial change in demand for municipal services
.-... (pOlice, fire, water, sewage, etc',).
· - . 31. Substantial~,r increase fossil fuel consumption ".'
projects,
· - - .ENVIRONr~NTAL SETTING ........ . ......................a .........~..:- · .... .... .~ :- - .',: ....
,.' .... including information ~n topography, soil stability, plants and
animals,· and any cultural, historicalor scenic aspects, Describe
.-* ................anY-existing--s.~ructures-on--~he-site>~--e-nd,--the-use--o~..~the.-structnreF; ....... ~
· AttaCh photographs of the site, Snapshots or polaroid photos will -
be accepted .... .. -.-.
-3~, Describe the 'surroundinS properties, including information
on plants and animals and any cu!tuFal,.historical or.scenic -.
aspects. IndiCate the type of land use (residential, commercial,
' ets,), intensity of land use (one-family, apartment houses, shops,
~epartment stores, etc.), and scale of development (height, -.
frontage, set-back, rear yard, etc.). Attach photographs of the
i...; .........· ....vicinity; ·Snap·shots or'polaroid photoS-WiI1 be a'ccepte'd;' " .
CK~TIFiCATION: I hereby certify that the statements furnished
above and in the attached exhibits present'the dataand infor-
.marion required for this initial evaluation to the bestof my
ability, and that the facts, statements, and information presented
are tr.u~.._aDdcorrect to.the best of..my. kn~wledge and belief.
(Signature
APPENDIX I
IRO reNTAL CHECmLIST FORM
· I1
: .............' ....' -3,--.-Date of Checklist Submitted
i ."." . ' ~'. Agency Requiring Checklist"
·
~, ..........~. ' "' '. ~, Name of Proposal,-~f applicabi~
EN~IRONP~NTA L IMPACTS - v
(Explanations of all "yes" and "maybe" answers are required
O~ .attached sheets. ) --
Earth. Will the proposal resultin:
'a. Unstable. earth conditions or in
changes in geologic substructures?
b. .Disruptionic, displacements, com-
pactiOn or ovencovering of the soil?
'... c.~-"Change in copography or ground
~urface relie features?
d. The destruction, covering or
modification ~f any unique geologic
;--'or physical ~=eatures?
.e. Any increase in wind or water
erosion 5f soils, either on or off
the site'/'
· 'f~ ChanF?s in deposition or erosion
· of beach sands, or changes in
siltation, :deposition or erosion
which may modify the channel of
a river o- stream or the bed of
"-~"~'the ocean or any bay, inlet or lake?
g. Exposure of 'people or pr'operty to
· geologic -hazards such as earthquakes,·
landslides~, mudslides, ground failure,
or similar hazards?
I2
............ - ....· .: a.~ .... Substantial air emissions or .......... -" -- '.
· -::--'*..-- ' .. deterioration of ambient air q~allty? - ;' ' " : "-
..... v;-'. .......- .......-- .....~'y ......~' ....B';'''~'' The.~'c'~'a-t"fS'n'"'of' Objectionable
· ~ .
" ............~" -: ...."": .....odors ?
.... ~.~,~,;-~Al~eration; of -air movement,
moisture or temperature, or any
'-change in climate, either locally
or regionally? .-.
3- Water. Will the proposal result in:
a. Changes in currents, or the course
or direction of watermovements~ in
· .:-either marine Or fresh waters?.- "
b', Changes in absorption'rates,
drainage pattersn, or the rate
and amount of surface water runoff?
c. Alterations to the course or
flow of.flood waters?
d-'~'Change'in the amount of.surface
water in any water body? : .
e. Discharge into surface waters, or
in any'alteration of surface water.
quality, including but not limited *'
to termperature, dissolved oxygen or
tUrbldity ?
f. Alteration of the dincol:ion or
rate of flow of ground waters?
Change in the ·quantity'of ground
waters, either through direct additions
withdrawals, or through interception
anaqaifer by cuts or excavations?
-. 'h. Substantial reduction in the
~:~ amount of.water otherwise available
~- for public water supplies?
?-- i. Exposure of people or property
t:~'-iL~;~:~'e~-~U~.::~ic_zr'~-'~:-t~.~-iswat_er related hazards such as'
· ,..,. flooding or tidal. waves?.
MAYBE
NO
· , ...~ '. :. in: ........
~ ...... ~ ........... a~ Change in'the diversity of
~" ""or number of any species'of plants.
.-- . .............. crops, microflora and aquatic plants)
" '- ~b., Reduction of-the numbers of any
· ' '. -~ Unique, rare or endangered species
· . " 'of plants?
c~ introduction of new Specie~"of-
'plants into-an area, or-in a barrier
to the normal replenishment of '
existing species?
d. Reduction in acreage of any
agricultural crop?
Animal Life'. Will the proposal
'result in:
..... a. ·Change in the diversity'of
"IsPeCies, or numbers of any species
Offanimals (birds, land animals
including reptiles, fish and
insects or
b. Reduction of the numbers of any
Unique, rare or endangered s~ecies
of animals?
-'c. Introduction of new species of
animals into ~n area, or result in
a barrier to the migration or
movement of animals?
d. Deterioration to existing fish
or wildlife habitat?
5
M rsm No
· = -' . YES
· 6. -NoisE. V/ill 'the' proposal result-in:
/7~,~, '. a. Increases in existing noise " '~ '
~ · > ......~ ....... levels? . .... ~___- __ - ........ -.
.. - ..=
b. Exposure of people to' severe ·
~. ~- Light and .Glare. Will the proposal "
.--' ....: ....= ............~ ........ .- -i ,. p~odu ce new ..-light.-or glare? .............................
..'.. <'. : '.. .-
__ ' ........... 8~ ..~nd .USe. Will the proposal r'esul~ In ........ .-= ......- ....
--' a substantial alteration or the
.' .. p~esent or pla d la f a
nne nd use o~ n
.......................... :.-, ........:.a~rea-' .................................. ............... ........................
' . 9- 'Natural Resources .. Will the '
proposa~ 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. Does the proposal . .7' -.
involve .a ri~k of an explosien or
· .the release of hazardous substances .
. (including, but not limited to, oil,
"'-" ' upset 'conditions? -.. .-=. :-."' ' "" -
".11. yopulatl0n. Will- the' prop6f- I1 alter ... -.
the l?cati0n' distribution,' ]ensity, ,.-<'
..-..'. or growth rate of the human popu- . '-
' ~' · 'latlon of an area? ' --
~:~ 1~. Housing. Will the proposal affect -
~ ~.~" existing housing, or cr 'ate a "
.... demand for additio~l h using?
· 13. .TransPortation/Circulat on. Will
the proposal result in: ' :
a., Generatien of substantial addi-
tional vehicular movement?
h. Effects on existing parking
facilities, or demand for new
Parking ?
-e. 'Substantial impact upon existing
transportation systems?
I5'
NO
e. Maihtenance of PublicTacili-.
'ties, inc~u?ing roads?
f- Other governmental services?
Energy. Will the proposal result in:
a. Use of substantial. amounts of
· ' fuel .or energy?
b. Suh-;tantial increase in demand
upon ex.sting sources of energy,
or require the development of new
sources of energy?
. . -,.. , :. , ...~ · · .. . if" '
Pub'lic Services. Will the proposal
have an effect upon, or result in
a need for'new or altered govern-
mental services in any of the
'following areas:
a~ Fire protection?
· ' b.' Police protection?
c. Schools? .-
'd. Pa~ks or other recreational
facilities?
': !"' · " ~ d- Alterations to present Patterns "-
" ~ ~" .1._.""~' .. "
~":"Z:.'[ .' ..... " of circulation or movemen~ of '~. ....... .. '~ '~ ......
' :" .... ~ople and/or goods~ -.:
e. Alterations to waterborne, .rail
...... "' .........· .... .......~.~ ....'.-~-. .....Increase in traffic hazards to
motor vehicles, bicyclists or
' pedestrians ?
6e
Utilities. Willthe proposal result
in a need for'new systems, or
substantial alterations to the
following utilities:
'a' Power or natural~"'gas?'' "~'~ "..
.... ~,, .-. ,:j ._
""b'=:~':C°mmunicat~ons sY2tem's?
MAYBE NO
,... "' "d" SeweP or'septic tanks?
--e.' Storm water drainage?
· and disposal?
17." Human Health. Will the' proposal
result in:,
a. Creatio'n Of an~ 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 existin~ recreational
.opportunities?
· 20.
Archeological/Historical...Will the
proposal result in an alteration
of a Significant archeological or'
historical site, structure, object
or building?
0
.YE__ S
.M~.ndatory Findinqs of Siqnificance. "=
(a) Does the project have the potential
MAYBE
":('~ ::' ..... ' .to degrade the quality of the environment
, ' or wildlife species, cause a fish or wildlife
----:,- ......- ......-- .............-animal community, reduce the number
... . ·plant or animal or el~inate important
~pZes Of ,the-m~jor periods of California
"... history or preh i= tory?
· h. Does the project have the poten-
tial. to achieve short-term, to 'the
disadvantage of long-term, environ-
mental goals? (A short-term impact.
on.the envlromment is one which
OCCurs in a relatively 'brief,
definitive period of time while "
loDe-term impacts will endure ....
well into 'the future.)-
c; Does the project have imoacts
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 ~he
~otal of those impacts on the
envlrozment is significant. )
· d. 'Does. the project have environ-
mental effects which will. cause
substantial adverse effects on
human beings, either directly
or. indirectly.?
DISCUSSION OF E~.YVIROAN~2_NTAL EVALUATION
-,
III.
DETERMINATION
(Tobe completed by the Lead Agency)
On the'basis of this inil]lal evaluation:
· ~ I find"'the pPopO'.~ed project COULD NOT h~ve'a significant
· . effect on-the environment, and a NEGATIVE DECLARATION
· will be prepared, * '
~v':r'~-:4'~"::I;~':·~e~i'-~:~r~v-;i:;-~'::~':~''~!'--'r.=n--~=-~-~a-:'~' ': :~ I-.;-~:~2:: ." : '. - "~;-.-----.~'~ :('-' '. . : :' '· .': '~'i"..~-~Z~:'-?-'-~:r::~:u'?>~.: ~"-':~:'-'~':~.U'f:: :v:.-:.:~
"' .~.. I find that although the ..Pr. oposed'pr..o_Ject. -could.have a
:.' t~'~ ....y~ ........~ :'~':" ""~-~igni'fiCa~:t~'~'f"fect "on ~the environment_,' there'will not
~;- ..............~;,.21~: ......; ....] ...........-be-~-a-slg4~ir4:c~-e-frect:..ln this case--~b-eCaus-~.~tr~e
................................. ~ ...................mi tigat i on~ measures- de scribe d .on-- an :~at-ba'ch-ed--'shee't
..... -~.'...; .......;k~'_~. ................ha.v~ ..been. added-..to the pr-oJect, A -NEGATtVE.gECI~RATION
· . .... ~: . WILL BE PREPARED,
"":~t'~'- "W~T";~."V'~:n*-T ~ ~' .""I:"r'l:~ ". the'i~'~'~b'~ed .St0 j ee ~':.MA Y ha-~e' '~'-s'i'~Hi'~y~'~u~""~'~c [':~
... . . .- on.the environment, and an ENVIRONr,~NTAL IMPACT I~EPORT
:, ..- is required... .'
Date