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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 That Resolution No. 24-77 is hereby rescinded and superseded by this resolution. 2.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