HomeMy WebLinkAboutRES NO 39-78RESOLUTION NO. 39-78
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING OBJECTIVES, CRITERIA
AND PROCEDURES AND THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS SUPPLEMENTARY TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
THE STATE EIR GUIDELINES AND SUPERSEDING
CITY OF BAKERSFIELD RESOLUTION NO. 24-77.
WHEREAS, recent amendments to the California Environ-
mental Quality Act and the State EIR Guidelines make it necessary
to amend City.procedures set forth in Resolution No. 24-77.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. That Resolution No. 24-77 is hereby rescinded and
superseded by this resolution.
2. That any environmental document which has been
completed or sent out for public review before May 3, 1978, in
compliance with Resolution No. 24-~7 and consistent with CEQA and
the State EIR Guideline~ shall be deemed to be in compliance with
the City procedures.
3. That the Objectives, Criteria and Procedures For
Orderly Evaluation of Projects and the Preparation of Environmental
Documents Supplementary to the California Environmental Quality
Act and the 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 3d day of May , 1978, by
the following vote:
AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, RATTY, ROGERS, SCEALES, ,STRONG
NOES: COUNCILMEN: ~ )
ABSENT: COUNCILMEN: ~ ~
ABSTAINING COUNCILMEN: ~ ,,,.ZF,,~FFL ~ ~
CITYC~LERK~and ,' Officio Clerk of
Council of ~'Bakersfield
1978
the
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. 39-78 )
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 refer-
ences to such statutes shall be to CEQA or to section 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 provisions contained in the relevant city law, the follow-
ing actions or activities are examples deemed to be ministerial and
therefore exempt from the requirements 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. CEQA Applies if Project Has Discretionary Elements.
Where a project involves .an approval that contains elements of both
a ministerial actionland a discretionary action, the project will
be deemed to be discretionary and will be subject to the requirements
of CEQA.
III ~Categorical Exemptions. (Defined in Section15023) Refer-
ence 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 specifield 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 Strucltures. (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):
h.
Code.
Code.
Code.
(Following is a continua-
Construction permits 'under Chapter 12.16 of the Municipal
Street use permits under Chapter 12.20 of the Municipal
j. Utility Pole permits under Chapter 12.24 of the Municipal
Installation of traffic signals and street lighting.
Weed abatement under Chapter 8.80 of the Municipal Code.
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.
f.
g-
h.
Conditional use permits for day nurseries with six children
Architectural Design Review approvals.
Reversion to acreage.
Minor street, alley and utility easement vacations and
dedications.
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 sig-
nificant effect on the environment. Criteria for such determination
shall be the requirements set forth in CEQA and the State EIR
Guidelines. 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 requirements of CEQA, the STATE EIR Guidelines or these
regulations. Such department shall maintain a list of activities
which have been determined 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 signi-
ficant effect, the Development Services Department shall determine
if the activity is a project under Section 15037. If it is not a
"Project," no environmental documents are required.
C. Determination of Type Of Project. IIf 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 categorically exempt, in which case no environmental
documents are required.
D. Notice of Exemption. ~(D~fined 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 Develop-
ment 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.
E. Project Received For Filing. Where the following con-
ditions occur, the City will deem an application for a project
not received for filing until such time as the environmental docu-
mentation required by CEQA has been completed:
(a) The enabling legislation for a program or city law
requires the City or an officer to take action on an application
within a specified period of time of 60 days or less, and
(b) The enabling legislation or city law provides that
the project will become approved by operation of law if the city,
agency or officer fails to take any action within such specified
period of time, and
(c) The project involves the issuance of a lease, permit,
license, certificate, or other entitlement for use, including sub-
divisions, zoning, etc.
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 150801
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 completness, accuracy and objectivity of the information con-
tained in such form, and shall attach to such form a sheet containing
any further information, corrections-'or revisions, to the end that
information concerning the project shall be complete, accurate and
objective.
C. Environmental Checklist Form. Upon completion of the
Environmental Information Form in accordance with subparagraph B,
the Development Services Department shall fully prepare the Environ-
mental 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 Declar~ation. The Development
Services Department shall prepare a Negative Declaration for a
project which could potentially have a significant effect on the
environment, but which the Department finds, on the basis of the
Initial Study, will not have a significant effect on the environ-
ment.
B. Consultation Before and After Completion of Negative
Declaration.
(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
commonly used name for the project, if any.
(2) The location of the project and the name of the pro-
ject proponent.
(3)· A finding that the project will not have a signifi-
cant effect on the environment.
(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 Provi·si~o·ns· For PubliC'Review·and ·Comment' 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~"'~e~iew'by St'~te Ag~ncies~"' Negative ~eclarationS 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 pursu-
ant 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 CircularA-95 shall also be submitted to the
State Clearinghouse. 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 se~ by the State Clearinghouse.
B. Notice to Public of Preparation of Negative Declaration.
(1) Notice by mail, of the preparation of a Negative
Declaration 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 project will not have a significant effect on the environ-
ment, 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 'r~uirements se~ "forth' in ~ubsec' '
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.
(5) Comments 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 comments 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 Depart-
ment 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 ~pproval'of Proj.ect 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 ofthe 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 S~arts Statute' of LimitatiOns· The filing of the
Noticeof 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.
15084)
(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'Consul~tation--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
10.
federal regulations or procedures allow, or the EIR should be pre-
pared pursuant 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.
(3) At least one copy of the Draft EIR shall be sent to
both the main Public L~brary 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 request-
ing 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
11.
establish a time period so as to permit adequate review of and com-
ment on the Draft EIR by public agencies, organizations or persons
prior 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 at 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 the 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.
(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. "Respons~e t~o Comments. 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 environmental
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
addressed in detail giving reasons why specific comments and sugges-
tions were not accepted, and factors of overriding importance war-
ran~ing 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) 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 City to significant environmental
points raised in the review and consultation process.
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 agend~ of a regular meeting of the Planning
Commission for evaluation and consideration by said Cormmission.
(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 signifi-
cant environmental effects thereof as identified in the Final EIR.
13.
(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
with another agency to deal with identified feasible mitigation
measures or alternatives.
C. Certification 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 decision-making 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 sighificant
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
14.
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 of the project by its common name
where possible.
(2) The decision of the City to approve or carry out the
project.
(3) The determination of the City whether the project in
its approved form will have a significant effect on the environment.
(4) A statement that an EIR was prepared pursuant to the
provisions of CEQA and was certified as required by Section 15085(g).
(5) A statement as to whether a Statement of Overriding
Considerations was adopted for the project.
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. Appendix C is the Notice of Completion.
B. Appendix D is the Notice of Determination.
C. Appendix E is the Notice of Exemption.
D. Appendix F is the Energy Conservation Document.
E. Appendix G are the examples of significant effects.-
F. Appendix H is the Environmental Information Form.
G. Appendix I is the Environmental Checklist Form.
H. Appendix J is the Notice of Preparation
XIV Time' Limits--EIRs and' Negative Declarations.
A. For projects described in subdivision (c) of Section 21065
of the Public Resources Code, e.g. activities involving the issuance
to a person of a lease, permit, license, certificate, or other
entitlement for use, by City, the following time periods for per-
forming the functions described in the paragraph shall apply.
15.
1. The City shall complete and.certify an EIR in not
more than one year from the date on which an application request-
ing approval for the project is received and accepted as complete
by the City.
2. The City shall complete and adopt a Negative Declara-
tion in not more. than 105 days from the date on which an applica-
tion requesting approval for the project is received and accepted
as complete by the City.
3. Within 45 days after accepting an application as
complete, the City shall make an initial determination of whether
the project will need an EIR or a Negative Declaration.
4. The City shall convene a meeting with one or more
responsible agencies to discuss the scope and content of a proposed
EIR as soon as possible but not later than 30 days after the meeting
is requested as provided by Section 15066(e).
5. As soon as possible after receiving a Notice of Pre-
paration and in no event more than 45 days after receiving the
notice, a responsible agency shall inform the City as Lead Agency
of the scope and content of the environmental information that the
responsible agency would need in the EIR.
B. In the event that compelling circumstances justify addi-
tional time and the project applicant consents, reasonable exten-
sion of the time periods may be made.
XV Fees.
A. Prelimirnary 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. 'IIhitial 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.
16.
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
,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 Departmeht.. 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.
17.
Appendix C **
SECRETARY FO:t RESOURCES
li16 Ninth Stre,~ ~m 1311
8~crum~nto, California e~14
NOTICE OF COMPLETION
Project :Title
Project Location .-.Specific
Project Lccation--City
Project Location--County
-Description of Nature. Purpose, and Beneficiaries of Project
Lead Agency
Division
Address Where COpy of EIR is Available'
Beyiew Period
Contact Person
Area .Code
Phone
ExteP, sio,'
** Proposed November 1:: 7976 antendments attached.
APPENDIX D
NOTICE OF DETERMINATION
TO: /. / Secretary for Resources FROM:
1416 Ninth Street, Rm. 1311
Sacramento, CA 95814
/. / County Clerk
County of
(Lead Agency)
SUBJECT:
Filing of Notice of Determination in compliance with Sec. 21108
or 21152 of the Public Resources Code
Project Title
State Clearinghouse Number (if submitted to State Clearinghouse)
Contact Person
Telephone No.
Project Location
Project Description
This is to advise that the
(Lead Agency)
has approved the above-described mroject and has made the following
determinations reqardinq the above-described project:
1. The project / / will
have a significant effect on the environment.
will not
/ / An Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA.
/ A Negative Declaration was prepared for this project pursuant
to the provisions of CEQA. A copy of the Negative Declaration
is attached.
A Statement of Overriding Considerations
/ / was adopted for this project.
/ / was not
Reference: Cal.Adm. C. Title 14, Sections 15035, 15083(f)(h), 15085(h)
TO: 122] Secretary for Resources
1416 Ninth Street Room 1311
Sacramento, California 9~_q14
' [2] County Clerk County of
Appendix E,
FROM:
Project Title '.
Project Location--Specific
Project Localzion City Project Leeat/on--County
Description of Nature, Purpose, and Be~ciaries of Project
Name of Public Agency Approving Project
Name of'Person or Agency Carrying Out Project
Exempt Status: (Check One)
. Ministerial (See. l~r/3)
, , Declared Emergency (See. 15071 (a))'
-. Emergency Project (See. l=JDTl (b) and (e))
: Categorical Exemption. State PIpe and section number:
Rea~r~ why project is exempt:
Contact Person Area Code Telephone Extension
If filed by applicant: "'
1. Attach certified document of exemption '!nding.
~-. Has a notice of exemp~on beer,. filed b' the l~ublic agency ar~cro,,-_'n= 'he
project? Yes No
Date R~eived for Filing
" Signature
Tile
Proposed November 12, 1976 amendments a~lached.
P1.
APPENDIX F
ENERGY CONSERVATION
I. INTRODUCTION
Thegoal of conserving energy implies the wise and efficient use
of e~ergy. The means of achieving this goal include:
(1) 'decr'easing overall per capita energy consumption,
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 consdmption of energy.
Energy conservation implies that a project's cost effectiveness be
reviewed not only in. dollars, but also in terms of energy require-
ments. For many projects, lifetime costs may be determined more
· by energy efficiency than by initial dollar costs.
II. EIR CONTENTS
Potentially significant energ/implications of a project. should be
considered in an EiR. The fc'.lowing list of energy impact
possibilities and potential ~.~nservation measures is designed to
assist in the preparation of In EIE. In many instances specific
items may not apply or addit 3nal items may be needed.
A. Project Description m~ - include the following items:
1. Energy consuming equipment and processes which will be
used during constructio,~ operation and/or removal of the project.
If appropriate, this di. ~ussion should consider the energy inten-
siveness of materials a: t equipment required for the project.
2. Total energy ~ ?quiremerits of the project by fuel t~p~
and end use.
3- Energy conservation equipment and desigD features.
4..Initial and life-cycle energy costs or supplies.
B. Environmental Setting may include existing 'energy supplies
and energy use patterns in the region and lccaiity.
C. Environmental Impacts may include:
1. The proJectts energy requirements and its'energy use
efficiencies by amount and fuel type for. each stage of the projectis
life-cycle including construction, operation, maintenance and/or
removal. If appropriate, the energy intensiveness of materials
may be discussed.
2. The effects of the project on local and regional
energy supplies and on 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 wnich 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, operation,
maintenance and/or removal. The discussion should explain why
certain measures were. incorporatsd in the project and why other
measures were dismissed.
2. The potential of siting, orientation~ and design to minimize
energy consumption.
· SyStems.
efx'orts.
The potential for reducing peak energy demand.
Alt?.rnate fuels (particularly renewable ones) or energy
Energy conservation which could result from recycling
E. Alternatives should be compared in terms of overall energy
consumption and in terms oi' reducing wastefuL, mnefficlent and
um,ecess~,.ry cons~np~ion uf energy. -.
F. Un~:voidable Adverse Effects may include wasteful, inefficient
and unne,:essary consumption of energy during the project constructiox'~
operatio~i, maintenance and/or removal that cannot be feasibly
mitigate~i.
G. Irreversible O¢~mnitmen~ of Resources may include a ~iscusslon
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. GrSwth Inducing Effects may include the estimated energy
consumption of growbh induced by the project.
Q1
APPENDIX G
SIGNIPICAZ~ EFFECTS
A project will normally have a significant effect on the
environment if it will:
(a) Conflict with adopted environmental plans and goals of the
community where it is located;
'(b) 'Have a substantial, demonstrable negative aesthetic effect;
(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 residen~
or migratory fish or wildlife species;
(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;
(l') Interfere substantially with ground water .recharge;
(J) Disrupt or alter an archaeological site over 200 years'old,
an historic site or a paleontologlcal sit except as part of a
scientific study of the site;
(k) Induce substantial growth or conc~ ,tratlon of population;
(1) Cause an increase in traffic which is substantial in
relation ~o the existing traffic load and capacity of the street
system;
!m) Displace. a large n~mber of p ople;
(h) 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 the ambient'noise levels for
adjoining areas;
November 12, 1976 ~endmen~s attached.
(q) Cause substantial flooding, erosion or siltation;
(r) Expose people or structures to major geologic hazards;
(s) Extend a sewer trunk line with capacity to serve new
development; ,
(t) Substantially diminish habitat for fish, wildlife or
plants;
(u) Disrupt or divide
established community;
the physical arrangement of an
(v) Create a public health hazard or a potential public'health
hazard;.
(w) Conflict with established recreational, educational, religious
or scientific uses of the area;
(x) Violate any ~mbient air quality standard, contribute
substantially to an existing or projected air quality violation,
or expose sensitive receptors to substantial pollutant concentrations.
Hi
APPENDIX H
.Date Filed'
Environmental Information Form
(To be completed by applicant)
GENERAL INFORMATION
1. Name and address of developer or project sponsor:
Address of project:
.Assessor's Block and Lot Number
3- Name, address, and telephone number of person to be contacted
concerning this project:
4. Indicate number of the permit application for the project to
which'this form pertains:
5- List and describe any other related permits and other public
aPPrOvals required f6r this project, including those required by
city, regional, state and federal agencies:
6. Existing zoning district:
Proposed use of site (Project for which this forn
PROJECT DZECRIPTION
8.- Site size
: 9. Square footage.
10. Y'imber of floors of construction.
A-n'ount of off-street parking provided.
A t ta ch planh.
3e
Proposed scheduling.
Associated projects.
15. Anticipated incremental development.
is filed)~
16. If residential, include the number of units, schedule of
unit sizes, range of sale prices ~-~ rents, and type of household
size expected.
17. If commercial, indicate the 'pc, whether neighborhood, city
or regionally oriented, square fo~,~age of sales area, and loading
facilities.
18. If industrial, indicate type, estimated employment per shift,
and loading facilities.
19. If institutional, indicate the major function, estimated
employment per shift, estimated occupancy, loading facilities,
and community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning
application, state this and indicate clearly why the application
is required.
Are the following items applicable to the project or its effects?
Discuss below all items checked yes (attach additional sheets as
necessary).
YES NO
21. Change, in existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration of
ground contours.
e2. Change in scenic views or vistas from existing
residential areas or public lands or roads.
R3- Change in pattern, scale or character of general
area of project.
Significant amounts 6f solid waste or li ~er.
25. Change in dust, ash, smoke, fumes or odo"s in
vicinity.
26. Change in ocean, bay, lake, stream or ground water
quality or quantity, or alteration of ex:'sting drainage
patterns.
2?. Substantial change in existing nois~ or vibratio~
levels in the vicinity. ~
Site on filled land or on slope of ]) percent or more.
29. 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!y increase fossil fuel consumption
(electricity, oil, r2tural gas, etc.).
..j. 32. Relationship to a larger project or series of
.. projects.
'.ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project,
'including information on topography, soil stability, plants and
animals, and any cultural, historical or scenic aspects. Describe
any existing structures on the site, and the use of the structures.
Attach photographs of the site. Snapshots or polaroid photos will
be accepted.
-'3A. Describe the surrounding properties, including information
on pIants and animals and any cultural, 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
vicinity. Snapshots dr polaroid photos will be accepted.
CKRTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluaticn to the best of my
ability, and that the facts, statements, and information presented
are true and correct to the best of my kn°~wledge and belief.
Date
Signature)
APPENDIX I
I1
ENVIRONMENTAL CHEC K LIST FORM
(To be completed by Lead Agency)
BACKGROUND
Name of Proponent
Address and Phone Number of Proponent:
Date of Checklist Subnqitted
Agency Requiring Checklist
Name of Proposal, if applicable
ENVIRONMEENTAL IMPACTS
(Explanations of all "yes" and "' maybe" answers are required on attached
sheets · )
· . Earth.
Wilt the proposal result
YES MAYBE NO
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, com-
pacti6n or overcovering oF the soi. t?
c. Change in topography or ground
surface relief features?
d. 'i'he destruction, covering or
modification of any unique geologic
or" physical Features?
e. Any increase tn wind or. water
erosion of soils, either on or off
the site?
f. Changes in deposition or er. osion
of beach sands, or changes in
sitat[on, deposition or erosion
which may modify the channel of
a river or stream or the bed of
the ocean or any bay, tntat or l:~ke?
YES MAYBE NO
g. Exposure of people or property to
geologic hazards such as earthquF-~kes,
landslides, mudstides, ground Failure,
or similar hazards?
Air. Wilt the proposal result in:
a. Substantial air emissions or
~teterioration of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of a[r movement,
rno[sture or temperature, or any
change in climate, either locally or
reg[onatty?
Wa~er. Wilt the proposal result in:
a.. Changes in currents, or the
course or direction of water movements,
in either marine or fresh w&ter?
b. Changes in absc~rptton rates,
drainage patterns, or the rate and
amount of surface water runoff?.
c. Alterations to the course or
flow of FLood waters?
d. Change in the amount of surf~ce
water in any water body?.
e. Discharge into surface waters,
or in any alteration of surface wb. ter
quality, including but not limited to
temperature, dissolved oxygen oP
turbtdtty? .
f. ' Alteration of the direction or
· rate of FLow of ground waters?
g'. Change in the quantity of ground
waters, either- through direct addttioC. s
op withdrawals, or through interception
of an aquiFer by cuts or excavations?
I3
h. Substantial reduction in the
amount of water otherwise available
for public water supplies?
t. Exposure of people or property
to water related hazards such as
flooding or tidal waves? ..
Plant Life. Will the proposal result
in:
a. Change in the diversity of species,
or number of any species of plants
(including trees, shrubs, grass,
crops, micro flora and aquatic plants)?
b. Reduction of the numbers of any
unique, rare or endangered species
of plants?
4. Introduction of new species of
plants into an area, or in a barrier
to the normal replenishment of
existing species?
d. Reduction in acreage of any
agricultural crop?
Animal Life. Will the proposal
resutt in:
a. Change in the diversity of ..
species, or numbers of any species
of animals (birds, land animals
including reptiles, Fish and
shellfish, benthic organisms,
insects or microfauna)?
b. Reduction of the numberrs of any
uniqde, rare or endangered species
of animals?
c. Introduction of new species 'of
animals into an area, or result in
a barrier to the migration or
movement oF animals?
d. Deterioration to ex[sting Fish
or wildliFe habitat?.'.
YES
MAYBE
NO
,i,
I4
i
Noise. Will the proposal re:sult in:
a. · Increases in existing no'Lse
levels?
b. Exposure of people to sE;vere;
noise levels?
Light and Glare. Will the proposal
produce new light or glare?
Land Use. Will the proposal resalt in
a substantial alteration of the present
or planned land use of an area?
Natural Resources. Will the
Proposal result in:
a. Increase in the rate of b se of-' any
natural resources?
b. Substantial depletion of any
nonrenewable natural resour'ce?
Risk of Upset. Does the pns, posa.l
involve a risk of an explosion or
the release of hazardous substances
(including, but not limited to, oil,
pestt.cides, chemicals or radiation)
in the event of an accident oP
upset conditions?
PoBulation. Will the proposal alter'
the location, distribution, d.ansiby
or growth rate of the human popu-
lation of an area?
Housing. Will the proposal affect
existing housing, or create .a
demand for additional housing?
Transoortafion/Circulat~on Will
the proposal result in:
a. Generation oF substantial addi-
tional vehicular tooveto ent? '
YES
MAYBE
NO
I5
b. Effects on existing parking
I=acilities, or demand for new
parking?
c. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns
0f circulation or movement cf
people and/or goods?
e. Alterations to waterborne, rail
or air traffic?
f. Increase in traffic hazards to
motor vehicles, bicyclists on
pedestrians?
Public Services.
have an effect upon, or resui.t in a
need for new or altered govern-
mental services in any of the:
· 'following areas:
a. Fire protection?
Will the p~x>posal
b. Police protection?
c. Schools?
d. Parks or other recreational
facilities?
e. Maintenance of public facili-
ties, including roads?
f. Other governmental serQices?
Energy. Wilt the proposal result in:
a. Use off substantial amouqts of
fuel or energy?
b. Substantial increase tn d errand
upon existing sources of energy,
or requi'ne the development c>f new
sources of energy?.
YES
MAYBE
NO
I6
Utilities. Will the p~oposal result
in a need For new systems, or
substantial alterations to the
following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
Human Health. Wilt the ppoposal
result in:
a. Cr'eation of any health hazard or
potential health hazard (excludinc_
· mental health)?
b. Exposure of people to potential
health 'hazards?
Aesthetics. Will the proposal result
~n the obstruction of any scenic
vista or view open to the public, or
wiU the proposal result in the
creation of an aesthetically
offensive site open to public view?
Recreation, Will the proposal r:esutt
in an impact upon the quality or
quantity of existing recreational
opportunities? ·
Archeological/Historical. Will the
proposal result in an altaralton of
a significant archeologtcal or
historical site, structure, object
or building?
YES
MAYBE
NO
[7
YES
tvtAYB E
NO
III.
Mandatory Findings of Significance.
(a) Does the project have the potential
to degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a Fish or wildtile
population to drop below self sustaining
-levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
(b) Does the project have the potential
to achieve short-term, to the disadvant-
age of long-i~erm, environmental goals?
(A short-term impact on the environment
is one wh[ch occurs in a retatively brief,
.alefin[tire period oF time while long-term
.impacts wilt endure well into the future.)
(c) Does the project have impacts which
ape individually limited, but cumutattvely
considerable? (A project may impact on
two or' more separate resources where the
impact on each resource is relattvety
small, but where the effect of the total of
those impacts on the environment is
significant. )
(d) Does the project have environmental
effects which wit1 cause substantial ad-
verse effects on human beings, either
'Birectly or indirectly?.
DISCUSSION OF ENVIRONMEN]'AL EVALUATION
I8
D E'TERM[NATION
(To be completed by the Lead Agency)
On ~he basis of this initial evaluation:
I find the proposed project COULD NOT have a significant
effect on the environment, .and a Negative 'Declaration
will be prepared.
I Find that although the proposed project could not have a'
significant effect on the environment, there wilt not be
a significant effect in this case because the mitigation
measures described on an attached sheet have been
added to the project. A NEGATIVE DECLARATION WILL
BE PREPARED,
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT
REPORT is required.
Date
(.Signatu re)
FoP
TO:
, APPENDIX J
NOTICE OF pREPARATION.
(Responsible Agency)
FROM:_
(Lead Agency)
SUBJECT:
(Address)
(Address)
Notice o~ ~reparation of a Draft Environmental Impact Report
'~ '~ will be the Lead Agency and will
prepare an environmental impact report for the project identified
below. We need to know the views of your agency as to the scope and
content of the environmental information which is germaine to your
agency'~ statutory responsibilities in connection with the proposed
project- Your agency will need to use the EIR prepared by our agency
when considering your permit or other approval for the project.
The project description, location, and the probable environmental
effects are contained in th'e attached materials. A copy of the
Initial Study[]is,[]is not, attached.
-Due to the time limits mandated by State law, your response must be
· sent at the earliest possible date but not later than 45 days after
receipt.of this notice .... -'
Please send your response to at the
address shown above. We will need 'she name for a contact person in
your agency.
PROJECT TITLE:
PROJECT APPLICANT, IF ANY:
' Signature
Date
Title -
;
Telephone
Reference: California Administrative Code~ Title 14, Sections 15035.7,
15054.3, 15066