HomeMy WebLinkAboutRES NO 60-80RESOLUTION NO. 60-80
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. 39-78.
WHEREAS, recent amendments to the California Environmental
Quality Act and the State EIR Guidelines make it necessary to amend
City procedures set forth in Resolution No. 39-78.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. That Resolution No. 39-78 is hereby rescinded and
superseded by this resolution.
2. That any environmental document which has been completed
or sent out for public review before September 24 , 1980, in compli-
ance with Resolution No. 39-78 and consistent with CEQA and the
State EIR Guidelines, 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 24th day of September, 1980,
by the following vote:
ABSENT: COUNCILMEN:
~h L~;2f September, 1980
APPRO~V~D is 24th ~/~'
· :'~~f Bakersfield
the
APPROVED as to form:
CITY .ATTOrnEY~ .of t~ of Bakersfield
CITY OF BKERS~IELD
OBJECTIVES, CRITERIA AND PROCEDURES FOR ORDERLY
EVALUATION OF PROJECTS AND THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS SUPPLEMENTARY TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND STATE
EIR GUIDELINES.
(Adopted by Resolution No. )
I PurpOse of City of Bakersfield Regulations.
These regulations set forth procedures to be used by the
City of Bakersfield for the evaluation of projects and the preparation
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 Guidelines and
amendments thereto (Chapter 3, Division 6 of Title 14) (commencing
with Section 15000) of the California Administrative Code are adopted
by reference. Hereinafter references to such Guidelines shall be to
section numbers only, in the 15000 series. These regulations are
intended to be supplementary to the California Environmental Quality
Act (Public Resources Code, Sections 21000 et seq. and to the said
State EIR Guidelines). Hereinafter references to such statutes shall
be to CEQA or to 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 Ministrerial Projects. (Defined in Section 15032) Reference is to
Section 15073 and Section 21080(b)(1).
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, electrical
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.
Issuance of trailer park operating permits.
Issuance of occupancy permits for commercial and indus-
6.
trial 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 and 15073.
B. CEQA Applies if Project Has Discretionary Elements.
Where a project involves an approval that contains elements of both a
ministerial action and a discretionary action, the project will be
deemed to be discretionary and will be subject to the requirements of
CEQA.
III Categorical Exemptions. (Defined in Section 15023) Reference is
to Sections 15100 through 15127.
A. Categorically Exempt Projects Must be DisCretionary.
Categorical exemptions are to be applied only where a project is not
ministerial. Inclusion of activities in the following list which may
be ministerial shall not be construed as a determination that such an
activity is discretionary.
B. Additions to List of Exemptions to Certain Classes.
Following is a continuation to the list of specific activities which
fall within the exempt classes specified below, which activities are
deemed to be consistent with the letter and intent expressed in the
classes. For the complete list of the classes and the specific
activities which are categorically exempt, reference must be made to
Sections 15101 through 15127. EIRs are not required for projects
described, except under the provisions of Section 15100.2.
Class 3: New Construction or Conversi6n of Small Structures.
(Following is a continuation of the list under Section 15103):
f. Signs permitted under any permit procedure provided for
in Chapter 17.54 of the Municipal Code.
Class 4: Minor Alterations to Land. (Following is a continua-
tion of the list under Section 15104):
i. Construction permits under Chapter 12.16 of the Municipal
Code.
Code.
Code.
j. Street' use permits under Chapter 12.20 of the Municipal
k. Utility Pole permits under Chapter 12.24 of the Municipal
m.
n. House-moving permits·
Installation of traffic signals and street lighting.
Weed abatement under Chapter 8.80 of the Municipal Code.
Class 5: Minor Alterations in Land Use Limitations.
is a continuation of the list under Section 15105):
d. Minor modification of zoning development standards.
e. Encroachment permits under Chapter 12.32 of the Municipal
Code.
f. Conditional use permits for day nurseries with six
children or less.
g. Architectural Design Review approvals.
h. Minor street, alley and utility easement vacations and
dedications.
(Following
IV PrOcedures Prior to'Initial' Study.
A. No Possibility of Significant Effect. When any activity is
proposed, the following preliminary determination may be made: The
Development Services Department shall evaluate t~e proposal to
determine if there is a possibility that the activity may have a
significant effect on the environment. Criteria for such deter-
mination shall be the requirements set forth in LCEQA and the State
Guidelines. If it can be seen with certainty that there is no pos-
sibility 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 "Pro-
ject," no environmental documents are required.
C. Determination of Type of Project. If the activity is a
project under Section 15037, the Development Services Department shall
determine if it is ministerial, emergency or discretionary. If it is
ministerial or emergency within the meaning of CEQA and the State EIR
Guidelines it is exempt from the requirements of CEQA and no EIR is
required. If the project is determined to be discretionary, the
Department shall further determine whether the project is categori-
cally exempt, in which case no environmental documents are required.
D. Notice of Exemption. (Defined in Section 15035.5) In the
event the City approves or determines to carry out a project, and it
has been determined that the project is ministerial, categorically
exempt or'emergency, then aNotice of Exemption may be filed with the
Kern County Clerk in the form appearing in Appendix E of the State EIR
Guidelines, in accordance with Section 15074. The Development Services
Department shall be responsible for the filing of Notices of Exemp-
tion. 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. Projects With Short Time Periods For Decision.
(a) Some state statutes require agencies to make decisions
on permits within time limits that are so short that review of the
project under CEQA would be difficult to enable the City to comply
with both the permit statute and CEQA, the City shall deem an appli-
cation for a project not received for filing under the permit statute
(or implementing ordinance) until such time as the environmental
documentation required by CEQA has been completed. This subsection
is based on Section 15054.1 and will apply where all of the following
conditions are met:
(1) The enabling legislation for a program, other than
Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7
of the Government Code, requires the City to take action on an appli-
cation within a specified period of time that is six months or less
(Review and Approval of Development Projects--Chapter 4.5), and
(2) The enabling legislation provides that the pro-
ject will become approved by operation of law if the City fails to
take any action within such specified time period, and
(3) The project involves the issuance 0f a lease,
permit, license, certificate, or other entitlement for use.
(b) Examples of time periods subject to this subsection
include but are notlimited to:
(1) Action on a tentative subdivision map by the City
within 50 days pursuant to Article 2 (commencing with Section 66452)
of Chapter 3, Division 2, Title 2 of the Government Code or implement-
· ing ordinance.
(2) Action on an oil and gas permit by the Division
of Oil and Gas within 10 days pursuant to Section 3203 or 3724 of
the Public. Resources Code.
(c) In any case described in this subsection, the
environmental document shall be completed or certified and the
decision on the application shall be made within one year from the
date on which an application requesting approval of such project has
been received and accepted as complete for CEQA processing by such
agency. This one-year time limit may be extended once for a period
not to exceed 90 days upon consent of the public agency and the
applicant.
V Initial Study. (Defined in Section 15029.5)
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 determination an
Initial Study shall be prepared pursuant to Sections 15080-15082.
Such preparation is not necessary if the Department determines that
the project will clearly have a significant effect on the environment.
B. Environmental Information Form. In all cases, the applicant
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 accompanied by the
appropriate fee for private property, the Department shall examine its
contents and consult with the applicant as to the completness, accur-
acy and objectivity of the information contained in such form, and
shall attach to such form a'sheet containing any further information,
corrections or revisions, to the end that information concerning the
project shall be complete, accurate and objective.
C. Environmental 'Checklist Form. Upon completion of the Environ-
mental Information Form in accordance with subparagraph B, the
Development Services Department shall fully prepare the Environmental
Checklist Form (Appendix I in the State EIR Guidelines), taking full
cognizance of the examples.of consequences which may be deemed to be a
significant effect on the environment as contained in Appendix G of
the State EIR Guidelines, the mandatory findings of significance set
out in Section 15082 and the considerations stated in Section 15081
and the definition of "significant effect on the environment" stated
in Section 15040. Delay and paperwork may be reduced if the Initial
Study is used to identify significant environmental issues and to
narrow the scope of EIRs.
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 significant
effect on the environment and a Negative Declaration will be prepared.
(2) That although the proposed project could have a sig-
nificant effect on the environment, there will not be a significant
effect in this case because the mitigation measures described on an
attached sheet have been added to the project and that a Negative
Declaration will be prepared.
(3) That the proposed project may have a significant effect
on the environment and an Environmental Impact Report is required.
VI Negative Declaration. (Defined by Section 15033)
A. Preparation of Negative Declaration. The Development
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 environment. (For the use
of a Negative Declaration, see Section 15083.)
B. Consultation.
(1) When more than one public agency will be involved in
undertaking or approving the project, the City shall consult with
all Responsible Agencies before completing a Negative Declaration.
Consultation is designed to-insure that the Negative Declaration
will reflect the concerns of all Responsible Agencies which will
issue approvals for the project.
(2) Prior to determining whether a negative declaration or
EIR is required for a project, the City shall consult with all
Responsible Agencies and with any Trustee Agencies responsible for
natural resources affected by the project. This first step of con-
sultation may be done quickly and informally.
(3) After completing the Negative Declaration the City shall
also consult with and seek to obtain comments from each Responsible
Agency and other public agencies having jurisdiction bye.law and
should consult with persons having special expertise as described
in Section 15083 and 15085.
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 project
proponent.
(3) A finding that the project will not have a significant
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 ProVisoions 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:
A. ReView by State Agencies. Negative Declarations to be
reviewed by state agencies shall be submitted to the State Clearing-
house, 1400 Tenth Street, Sacramento, CA 95814, through Kern COG, in
not less than 10 copies unless a lower number is approved. Such
review shall apply to Negative Declarations where a state agency is a
responsible agency or otherwise has jurisdiction by law with respect
to the project. Negative Declarations prepared pursuant to NEPA, the
Federal Guidelines (Title 40 CFR, Part 1500, commencing with
Section 1500.1) and Parts I and II of Office of Management and Budget
Circular A-95 shall also be submitted to the State 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
set by the State Clearinghouse.
In the state review system the normal review period is 30
days for Negative Declarations. In exceptional circumstances, the
State Clearinghouse may set a shorter review period when requested by
the City.
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 environment, 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 Bul-
letin Board. The Notice shall state the deadline for receipt of
comments on the Negative Declaration and the place where comments may
be sent.
(4) Notwithstanding the requirements set forth in subsec-
tions (1), (2) and (3) above, the Department shall provide public
notice of the preparation of a Negative 'Declaration, at the same time
and in the same manner as public notice otherwise required by law for
the project under consideration, e.g. public notice required by law
for the project shall be combined with the public notice required for
the preparation of the Negative Declaration.
(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 Department 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 o2 Determination. (Defined in Section 15035) See also
Section 15083(f). A copy of this Notice appears in Appendix D of the
State EIR Guidelines.
A. Filing After Approval of Project For Which Negative Declara-
tion Prepared. After making a decision to carry out or approve a
project for which a Negative Declaration has been prepared, the
Development Services Department shall file with the Kern County Clerk
a Notice of Determination in the form set forth in Appendix D,-' ._
together with a copy of the Negative Declaration attached.
B. Contents of Notice of Determination. The Notice of Deter-
mination shall include:
10.
(1) An identification of the project including its common
name where possible and its location.
(2) A brief description of the project.
(3) The date on which the City approved the project.
(4) The determination of the City that the project will not
have a significant effect on the environment.
(5) A statement that a Negative Declaration has been pre-
pared pursuant to the provisions of CEQA.
(6) The address where a copy of the Negative Declaration may
be examined.
C. Where Project Requires'Stat'e Approval. If the project requires
discretionary approval from a state agency, the Notice of Determina-
tion also shall be filed with the Secretary for Resources, Room 1311,
1416 Ninth Street, Sacramento, CA 95814 ....
D. Filing Starts Statute of Limitations. The filing of the
Notice of Determination starts a 30-day statute of limitations on
court challenges to the approval under CEQA.
IX Decision to Prepare EIR--EIR Process.
For a definition of "environmental impact report" see
Section 15027; for the process of using an EIR, see Sections 15080-
15151; for possible approaches to writing EIRs, see Sections 15067-
15069.6.
(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 public
controversy concerning the environmental effect of a project. Con-~
troversy not related to an environmental issue does not require the
preparation of an EIR.
11.
(4) An EIR should be prepared when the Development Services
Department determines to do so upon receipt of comments during the
consultation and review process for a Negative Declaration raising
significant environmental points as to the project and when the
decision-making body or official rejects the Negative Declaration.
X The EIR Process. The following steps shall be followed after it
is'determined that an EIR shall be prepared:
A. Early Consultation--Prior to Completing Draft.
(1) Before completing a draft EIR consisting of the infor-
mation specified in Sections 15141, 15142 and 15143 (as modified by
Section 15143.1 where applicable) the appropriate City representatives
shall consult with all responsible agencies pursuant to Section 15066.
In addition, if it has not already done so, the City should also
consult directly with any person or organization it believes will be
concerned with the environmental effects of the project.
(2) For projects where federal involvement might require
preparation of a federal EIS, the City should consult with the appro-
priate federal agency on the need for an EIS. If both an EIR and EIS
are needed, the documents should be prepared jointly where federal
regulations or procedures allow, or the EIR should be prepared pur-
suant to Section 15063(b). Preparation of a separate EIR and EIS for
the same project should be avoided if possible.
B. Noti~ce of Preparation. Immediately after deciding that an
EIR is required for a project, the City shall send to each Responsible
Agency and Trustee Agency affected, a Notice of Preparation, (Appendix
J) stating that an EIR will be prepared. This notice shall also be
sent to every federal agency involved in approving or funding the
-project and-to those Trustee Agencies responsible for natural resources
affected by the project. The Notice of Preparation shall provide the
Responsible Agencies with sufficient information describing the project
12.
and the environmental effects~to enable the Responsible Agencies to
make a meaningful response. At a minimum, the information shall
include:
(1)
(2)
Description of the project;
Location of the project indicated on an attached map
(preferably a copy of a U.S.G.S. 15' or 7-1/2' topographical map
identified by guadrangle name, or by a street address in an urbanized
area);-~ad
(3) Probable environmental effects of the project.
The City may begin work on the Draft EIR immediately without
awaiting responses to the Notice of Preparation.
To send copies of the Notice of Preparation, the City shall
use either certified mail or any other method of transmittal which
provides it with a record that the Notice was received.
When one or more state agencies will be a Responsible Agency,
the City shall send a Notice of Preparation to each state Responsible
Agency and each Trustee Agency with a copy to the State Clearinghouse.
When it is submitted to the State Clearinghouse, the state identifi-
cation number will be the identification number for all subsequent
environmental documents on the project. The identification number
should be referenced on all subsequent correspondence regarding the
project, specifically on the title page of the draft EIR and final
EIR and on the Notice of Determination.
C. Significant Effect on the Environment. A significant effect
on the environment is defined as a substantial adverse change in the
physical conditions which exist in the area affected by the proposed
project. An EIR must be prepared when a project may have a signifi-
cant effect on the environment. Further, when an EIR identifies a
significant effect, the City upon approving the project must make
findings on whether there are feasible ways available to avoid or
reduce the adverse environmental effects.
13.
D. 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.
E. 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 Library and the Law Library.
(4) The Notice of Completion or other Notice shall be posted
on the Planning Department Bulletin Board, together with Notice of the
time and place of the public hearing on the Draft EIR and information
where copies are available for review.
(5) Copies of the Draft EIR shall be made available for
acquisition by members of the general public. Any person requesting
a copy shall be charged the actual cost of reproducing it.
F. Time For Review. At the time copies of the Draft EIR are
submitted for review, on or about the time of the filing of the Notice
of Completion, the Development Services Department shall establish a
time period so as to permit adequate review of and comment 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
14.
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.
G. 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.
H. Response to 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 revision
of the Draft EIR or.may be an attachment to the Draft EIR. The
response shall describe the disposition of significant environmental
issues raised (for example, revisions to the proposed project to
mitigate anticipated impacts or objections). In particular, the major
15.
issues raised when the City's position is at variance with recom-
mendations and objections raised in the comments must be addressed in
detail giving reasons why specific comments and suggestions were not
accepted, and factors of overriding importance warranting an override
of the suggestions.
XI Preparation of Final EIR.
A. Contents of Final EIR.
Environmental Impact Reports must contain the information
outlined in Article 9 (commencing with Section 15140) of the State
EIR Guidelines, and shall contain a brief summary of the proposed
action and its consequences in language sufficiently simple that
the issues can be understood by the average member of the lay public.
The EIR shall also contain a table of contents or an index. The
summary shall stress the major conclusions, areas of controversy
(including issues raised by agencies and the public) and the issues to
be resolved (including the choice among alternatives and how to miti-
gate the significant effects). The summary should normally not exceed
15 pages.
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 consultation and review process.
.~ B. Action by Planning Commission on Final EIR. When the Final
EIR has been completed by the Development Services D~partment, it
shall be placed on an agenda of a regular meeting of the Planning
Commission for evaluation and consideration by said Commission.
(1) The Planning Commission shall determine whether or not
to recommend certification that the Final EIR has been completed in
16.
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 significant
environmental effects thereof as identified in the Final EIR.
(b) Such changes or alterations are within the respon-
sibility and jurisdiction of another public agency and not the agency
making the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency.
(c) Specific economic, social, or other considerations
make infeasible the mitigation measures or project alternatives
identified in the Final EIR.
(3) The findings required by subsection (2) above shall be
supported by substantial evidence in the record.
(4) The finding in subsection (2)(b) above shall not be made
if the agency making the finding has concurrent jurisdiction with
another agency to deal with identified feasible mitigation measures or
alternatives.
C. Certification of Final EIR.
_ (!) The Final EIR shall be pre~ented 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 Guidelines and these
17.
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 pro-
ject.
(2) The decision-making body 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 written findings for each of those significant effects, as
set forth in subsection B above, accompanied by a statement of the
facts supporting each finding.
XII Notice of Determination--~fter EIR. (See Section 15085(h))
A. Filing of Notice of Determination. After approving a
project for which an EIR has been prepared, the Development Services
Department shall file a Notice of Determination with the Kern County
Clerk in the form set forth in Appendix D. If the project requires
discretionary approval from a state agency, the Notice shall also be
filed with the Secretary for Resources. Such Notice shall include:
(1) An identification of the project including its common
name where possible and its location.
(2) A brief description of the project.
(3) The date when the City approved the project.
(4) The determination of the City whether the project in its
approved form will have a significant effect on the environment.
(5) A statement that an EIR was prepared and certified
pursuant to the provisions of CEQA.
(6) Whether mitigation measures were made a condition of
~he approval of the project.
' (7) Whether a Statement of Overriding Considerations was
adopted for the project.
(8) The address where a copy of the EIR and the record of
.project approval may be examined.
18.
B. Filing Starts Statute 'of Limitations 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 A is the Flow Chart.
B. Appendix B is the Statutory Authority of State Departments.
C. Appendix C is the Notice of Completion.
D. Appendix D is the Notice of Determination.
E. Appendix E is the Notice of Exemption.
F. Appendix F is the Energy Conservation Document.
G. Appendix G are the examples of significant effects.
H. Appendix H is the Environmental Information Form.
I. Appendix I is the Environmental Checklist Form.
J. 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 performing the func-
tions described in the paragraph shall apply.
1. The City shall complete and certify an EIR in not more
than one year from the date on which an application requesting
approval for the project is received and accepted as complete by the
City.
2. The City shall complete a Negative Declaration in not
more than 105 days from the date on which an application requesting
approval for the project is received and accepted. Completion shall
include the Initial Study, public review, and the preparation of a
document ready for approval by the decision-making body. Completion
need not include the approval of the Negative Declaration by the
19.
decision-making body. Prior to approving a project, the decision-
making body shall consider and approve the Negative Declaration.
3. Within 45 days after accepting an application as com-
plete, 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 additional
time and the project applicant consents, reasonable extension of the
time periods may be made.
C. The City may waive the one-year time period or the 105 day-
period-if all of the following conditions occur:
(a) The project will require both an EIR or a Negative
Declaration under CEQA and EIS or a Finding of No Significant Impact
under the National Environmental Policy Act;
(b) Additional time will be required to prepare a com-
bined EIR-EIS or a combined Negative Declaration under both laws:
(c) The time required to prepare such a combined document
would be less than the time required to prepare each document
separately; and
(d) The applicant has requested or consented to the waiver.
XV Fees.
A. Preliminary Environme~nt'al 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.
20.
B. Initial Study. The fee for environmental assessment where it
has been determined that the activity is not exempt under CEQA, e.g.
the Initial Study and preparation of Negative Declaration, shall be in
the minimum amount of $20 and shall be paid prior to such environ-
mental assessment.
C. Environmental Impact Report. The fee for the preparation of
an Environmental Impact Report for a project sponsored entirely by a
person other than the City shall be a minimum of $150 and shall be
paid at the time it is determined that an EIR will be required.
D. Excess Cost. Where the estimated cost to the City to be
incurred in preparing the Initial Study and Negative Declaration or
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 Development Services
Department. If any dispute arises over the amount of such fees, the
City Council shall determine the amount of such fees, which decision
is final.
E. Copies to Public. The City shall charge and collect a fee
from members of the public the actual cost of reproducing a copy of
the Negative Declaration or EIR requested by the member of the public.
,/
read:
1
Publi~ review period
I
from EIR by d~:i~ion
Findln~ on fe:~sitjHly of re.
dueingot avoiding ~ifinilic,i ~
~:: ,,',..j," .
/
required under
CEQA
APPENDIX A
CEQA PROCESS FLOW CHART
Pubhc a.2ency delenT, ir!es
I "'
No Jx
I
i:.' 2"
Puhlic review 13er:od
, i
66. AI~pe'ndL~ B is amended to read:
APPENDIX B
X
X
X
),c X
x
X >(
X
X
x
x
x
x
X
x x
x
>c X X x
x
X
x ~, x
x
×
Air qusJi~f ~nd lif p~lution C~trd
X '~, Mic,'c~,i~oc~ca/cc~tsmlne~,a~
~ $elmmic Hmzardm
o o -4 o
o
APPENDIX B
x
X
X
x
x
x
x
~ X
X
X X
X
x
×
×
x
x ~ x x
x ~ x
x ~
x x ~
x
~ x x
in Ic, w-incom,.J n_JeiJ~_bo~thoods
~ Hlsblcide,
Nawlgabl~ wmm,ar',4ays
Nolf4 c~ttr~ and aba~ment
Perks. for~s~. I~e, rand ~ld~r
Posdci~e
Re~d comp~henlive ~lning
Roans
Sanlt~ti~ and was~ ~yt~rn~
Shellfish t~itati~
S~l and plant life. ~climm~tation.
TO.KiC nlltnriell
Trantpo~iti~ and handling Of
W,ter qu~i~ and wa~ pdJut~cn contr~
F;sh and w~ldljfe
Acci~irie~ whh t~c~al impel On
Geo~ermd enef~
Stl~wldo Imld use patterns
Seismic
X
x ~'~ x
x
x
x
x ~, x =
x x x ~
X X X
X X X
X X
X
X X
APPENDIX B FOOTNOTES:
No.
1. Food and Aqriculture - Effects on plants 'and animals.
2. Food and Agriculture - Protection of food and fiber.
3. Food and Aqricultur~ - Agricultural, dairy and feed lot systems.
Fo___od and AqricultUre. - As pertains to transportation, handling,
storage and decontamination of pesticides.
5. Food and Agriculture - Pesticide effects, predatory animal control,
bird control.
6. California Hiqhway Patrol - Enforcement of motor vehicle regulations.
7. Health Services - Beach sanitation, water pollution, solid waste
and.mosquito control.
8. Health Services - Pertains to health component.
9. Health Services - Most of these are strongly related to health.
10. Health Services - Pertains to noise.
ll.
Health Services - Pertains to personal and environmental health
components. ·
12. Health Services - As it may pertain to human health hazards.
13. Health Services - Pertains to comprehensive health planning.
14. Colorado River Board - As pertains to the Colorado, New and
Alamo Rivers.
15. Fish and Game - As field development and distribution systems
may affect fish and wildlife.
16. Fish and Game - As may affect migrating and resident wildlife.
17. Fish and Game - As excessive noise may affect wildlife.
18. Fish and Game - As water quality may affect fish and wildlife.
A!~PENDIX B FOOTNOTES (CONTINUED):
19.
20.
'Parks and Recreation - In impacted areas only.
Reclamation-Board - In areas of Board' s jurisdiction only -
the Sacramento-San Joaquin Valley.
21. 'State Water Resources Control Board - As nk~y pertain to water quality.
22."Forestry - With respect to forest land.
23. Forestry -(6) and (32) - As related to fire protection or State
(fir~ protection) responsibility land.
24. Air Resources Board - (4), (22), (32), (33), and (36) - as may pertain
to residential, commercial, industrial or transportation growth.
25. San Francisco_B__ay Conservation and Development Commission - (3), (17),
(19), and (30) - With respect to San Francisco Bay, Suisun Bay and
adjacent shore areas.
26° California Coastal Commission - (3), (4), (6), (8), ill), (12), (14),
(15), (17), (19), (22), (23), (26), (29), (30), (31), (34), (35), and (36) -
With Respect to effects within the California Coastal Zone.
27. California Tahoe Regional Planninq Aqency - With respect to effects ~
in the Tahoe Basin.
28.
Native American Heritaqe ComMission - With respect to places of
special' religious or social significance to Native Americans
including archaeological sites, cemeteries, and places of worship.
NOTE: Authority cited: Section 21083, Public Resources Code; Reference:
Sections 21080.3, 21080.4, 21104, and 21153, Public ReSources Code.
5. Total estimated_.daily trips t___o be generated by the proJect_a__n_d_
_the additional energy consumed per trip by mode.
NOTE: Authority: Section 21083, Public Resources Code; Reference: Section
2,.1100, Public Resources Code.
6 Section II. C. 6. is added to Appendix F to read:
.6. .T.he proJect'__s_~Foje~ted tran~o__rtation e__ln~f3y use requirements
and its overall use of efficient transpgrtatton alternatives.
NOTE: Authority: Section 21083, Public Resources Code; Reference: Section
21100, Public Resources Code.
.-~) Section II. D. 2. of 'Appendix F is amended to read:
2. The potential of siting, orientation, and design to minimize
energy consumption, including transportation energy.
NOTE: Authority: Section 21083, Public Resources Code; Reference: Section
21100,. Public Resources Code.
/ 71 .... "Item (j) in Appendix G, Significant Effects is amended to read:
(J) Disrupt or ~lZ~ adverse].y affect a prehistoric or 'historic
archaeological site o? a pLo_]D2rty of historic or cultural significance to a
con~unity or ethnic or social grouJi or a paleontological sibe except as a
part of a scientific study.
NOTE: Authority: Section 21083, Public Resources Code; Reference: Sectiuns
21068 and 21001, Public Resources Code. ~
/~" 7~). Item (v) in Appendix G is amended to read:
(v) Create a ~ZI~/M~Y~M/}i~/~/~ potential public health hazard or
i_nvolve the use, production or disposal of materials ~h~.ch pose a hazard to
people or ani,~ml or plant populations in the area affected;
NOTE: Authority cited: Section 21083, Public Resources Code; Reference:
Sections 21068 and 21001, Public Resources Code.
"( 73 'Item'(y) is added to Appendix G to read:
~ ·
.!,y) Convert prime'agricultural ].and to non-agricultural use or impair the
agricultural productivity of pr].me agricultural land.
NOTE: Authority cited:. Section 21083, Public Resources Code; ReFerence:
Section 21068, Public Resources Code.
~'74~..'.. tam (z) added to Appendix G to read: ~ '
(z) Int'~rfere with emergency response plans or emergency evacuation plan~.
NOTE: Authority cited: Section 21083, Public Resources Code; Reference:
Sections 21083 and 21068, Public Resources Code.
to read:
(_ji Significant changes in the t2~pirature,
Slow, or'chemical content of surface thermal springs.
NOTE: Authority cited: Section 21083, Public Resources Code; .Reference:
Section 21083, Public ResO_UrceS..C_ode.
/76./)I~jm II, 10 in Appendix I,,Environmental Checklist Form, is amended
10. RISK OF UPSET.
involve:
Will the proposal
a. ~ A risk of an explosion or the release
of hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or upset
conditions?
b. Possible interference with an
response plan or an emergency ev__acuation plan?
NOTE: Authority cited: Section' 21083, Public Resources Code; Reference:
Section 21083, Public Resources Code.
/~7.,..>Ite'~"II '20 in Appendix I, Environmental Checklist Form, is amended
20. CULTURAL RESOURCES.
z~Z~/~/~/~Z~Z~/~f/~/~fZ~/~Z~Z/~/~~Z/~Z~
(a) Will the proposal result in the alteration of
or the destruction' of a prehistoric or historic
archaeological site?
(b) Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or historic
building, structure, or object?
(c) Does the p2e~osal have the potential to cause
a physical change which would affect unique ethnic
cultural values?
39
~: .~Ji~' Will' the proposal restrict existing_.~eligious
o~__] sacred uses within ths potential impact area?
NOTE: Authority cited: Section 21083, Public Resources_Code; Reference:
Sections 21001 and 21068, Public Resources Code.
EFFECTIVE DATE: This order shall take effect on the thirtieth
day after its filing with the Secretary of State as provided
in Section 11422 of the Government Code.
STATE COSTS: State agencies will have a net decrease in costs.
The amendments would reduce the number of projects subject to
CEQA, reduce the number of copies of documents to be sent to
the State Clearinghouse for review, and allow more use of federal
documents in the place of CEQA documents. Small increases may
result 'from analysis of cumulative impacts and additional factors
to consider in deciding whether an effect is significant. Minor
technical changes in the contents of notices may involve both
small increases in costs. There are no federal matching funds
invo].ved.
LOCAl, COSTS: There will be no increased costs to local govern-
merit which require reimbursement ur~der Revenue and Taxation Code
Section 2231. Local agencies will experience a net reduction in
costs. These will result from sending fewer copies of documents
to the State Clearinghouse for review, categorical exemptions
for more classes of projects, and increased use of federal documents.
Increased costs may result from additional ~etail in the analysis
6f cumulative impacts, but these costs will result from the court
decision of Whitman v. Board of SupervisOrs. 88 Cal. App. 3d 397-
Technical changes may rBsuit' i'B both small increases and small
decreases in costs from changes in the contents of forms and
'notices.
AO
Appendix C *
St~tv~ of C~'lifornia
Tlle Rosourc2'~
$EGRETARY FOR RESOURCES
Ninth Strc-~rt Room I311
Sacramento, California
· , ,
NOTICE OF CO?j-1PLETION
project ;Fitte
Project Location Specific
Project Lccation--City
Project Location--County
· Description of Nature, Purpose, and Beneficiaries
of Project
· Lead Agency
Division
:~::i' Address Where COpy of EIR is Available.
- Beview Period
Contact Person
** 'Proposed November
1916
Area Code
Phone
Extens{o;'
amcadmen.ts attached.'
APPENDIX D
NOTICE OF DETERMINATION
TO: '//
Secretary for Resources
1416 Ninth Street, Rm. 1311
Sacramento, CA 95814
FROM: (Lead Agency') .....
/ /
SUBJECT:
County Clerk
County of .......
Filing of Notice of Determination in compliance with Sec. 21108
or 211152 of the Public Resources Code
Project Title
(Identify Project Including Common Name)
State Clearinghouse Number
(if submitted to State Clearinghouse)
Contact Person
Tel. No.
Project Location
Project Description
Date when City approved the project:
This is to advise that the
(Lead Agency)
has approved the above-described project and has made the following
determinations regarding the above-described project:
The project in its approved form /
/ 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.
3. Mitigation measures / ../were made conditions of approval of the project·
Mitigation measures/__/were not made conditions of approval of the
project.
4. A Statement of Overriding Considerations
/ / was adopted for this project.
/ / was not adopted for this project.
Address where a copy of the EIR and record of project approval may be
examined.
Reference: Cal.Adm. C. Title 14, Sections 15035, 15083(f) (h) , 15085(h)
4
TO: ['] Secretary for Resources
1416 Ninth Street, Bcom 1311
SacrameOto, California 9.5314
County Clerk
County of
Appendix E * *
NOIt~"'~ Of Exomptton
FROM:
t
E1
Project Title
Project Location--Specific
Project Location C. ity
Project Location-County
Description of Nature, Purpose, and Beneficiaries of Project
· '- .-Name of Public Agency Approving. Project
Name 'of Person or Agency Carrying Out Project
!
· .F_.xemp.~ str, tus: (Check One) .:.
i- ·
i -.
, ~__Ministerial (See. 15073) :
{ - .
!' .__,D .. Emergency (a))
- eclared . (See. 15071
....... :.: .......:-._::~__ Emg__rge_n_cy .P'r_pject_(g~.~_.,._l=_--r~7_.!A.b)_and_(c)_) .......
. Categorical Exemption. State type and section number:
Rea3offs why project is exemp!:
· Contact Person
Area Code
If filed by applicant: 1. Athich certified document of exemption
2. Has a notice of exemption been Fded b:
project? Yes No
Date Received for FilLng
Te!ep.hone
Extension
· !nding. ' '
the public agency approving
the
" . .. Signature
Proposed November 12,
1976
am en dm ents
Tile
a~,tached.
APPENDIX F
ENERGY CONSEP, VATION
I · INTRODUCTION
The ,goal of conserving energy. implies the wise and efficient use
of epergy. The means of achieving this goal include:
(1) 'decr'easin~ overall per capita energy consumption,
.(2) decreasing reliance on natural gas and oil, and.
(3) increasing reliance on renewable energy sources'.
I~ order to assure that'energy implications are considered i'n
project decisions, the California Environmental Quality Act'requires
that El'Ms include a discussion of the potential energy impacts of
proposed projects, with particular emphasis on avoiding or reducing'
inefficient, wasteful and unnecessary consumption of energy.
Energy conservation implies that a project's' cost effectiveness be
reviewed not only in.'dollars, but also in terms of energy re.quire-
monte. 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 ~n EIR. in'many instances specific
items may not apply or addit ~nal items. may be needed..
A. Project Description m~.- include the following items:
1. Energy consuming ~quipment 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-
si~eness of materials a: t equipment required for the project.
~. Total energy ~ ~quirements of the project by'fuel type
and enduse,
3- Energy conser~.ltlon equipment and desigD.features,
~, ·Initial and liCe-cycle energy costs or supplies,
"B. EnvirOnmental Setting may in61ude existing 'energy supplies
and energy use patterns in the region and locality.
C. Environmental Impacts may include:
";1. The proJect's energy requirements and its'energy use
efficiencies by amount and fuel type for. each stage of the proJedt's
life-cyc!e 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 additionalcapacity.
3- The effects ef 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. ~tigation Measures may include:
l~. Potentialmeasures to reduce wasteful, inefficient and
· 'unnecessary consumption of.energy during construction, Operation,
maintenance and/or removal. The discussion-should explain why
certain measures were. incorporated in the project and why other
measures were dismissed.
~. The potential of siting, orlentation~ and design to minimize
"';": ..... energy~consumption. ....... --- ...
-. "3.. The potential for reducing peak energy demand.
'.'-""'4." Alternate fuels (particularly renewable ones) or energy
~yStems
.. 5' Energy conservation which coul~ result from 'recycling
efforts.
E."Altsrnatives should be compared in terms. of overall energ~
COnsumption and in terms of reducing wasteful, mnefficient and
~n~ecess~..ry cons~np~ion of energy. -..
F., Un~:voidable Adverse Effects may include wasteful, inefficient
and unne.:e.ssary consumption of energy during the project construction'.,
operatio~,.malntenance and/or removal that cannot be feasibly
mltigate~'~. .
G. Irreversible Oor~itment of Resources may include a discussion
of how the project preempts future energy development or futuPe
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 gro~.;th induced by the project,
,
APPENDIN G
SIGNIFICAh'T EFFECTS
G1
scientific study of the site;'
::' .~,~.. Induce substantial growth or. conc~ ~tration of 'populatiOn;
." (1) cause an increase in traffic which is substantial in
,"..' relation to the existing traffic load and capacity of the street
"' system;
... ~ ~ ~' · ~ - ., . .
.'. ~.-.(m) Displace- a large number of p ople; ..... '-- '
. l.'-"(n). Encourage activities which r sult in the use of large
..amounts of fuel or energy;
(o) Use fuel or energy in a wasteful manner;
(P) Increase substantially the amk'ient'noise. levels for
adjoining areas;
· * P~epo~d November 12, 1976 mnendment~ attached.
i
! ,
Interfere substantially with 'ground water .recharge;
- (J) Disrupt or alter an archaeological site over 200 years'old,
an. historic site or a Paleontological sit except as part of a
Contaminate a public water supply; .....
Substantially degrade or deplete'ground water.resOurces;
A project will normally have a significant effect on the
environment if it will:
i'(a) Conflict ~lth adopted environmental plans a~d 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 resident
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;. ..
~ause 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 the physical arrangement of an
established coinunity;
· ' (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.
-Date ·Filed'
'APPENDIX H
Environmental information Form
· . (To be completed by applicant)
Name and address of developer or project sponsor:
.2. Address of project:
.Assessor's Block and Lot Number
3- 'Name, address, and telephone number of person to be Contacted
concerning this project: .'
4. Indicate number of the permit'application for the project.to
which:this form pertains:
5- List and describe any other related permits and other public
approvals required for this project, including those required by
city, regional, state and federal agencies:
..~. '~, Proposed use. of site ·(Project for which this. form is filed).-.
F'lmber.of floors of construction.
,.PROJECT DZBCRIPTION
8..' Site size.
"9. Square ·footage.
A~0unt of off-street parking provided.
Attach plan~. ' "
PFo. posed 'scheduling.
Associated projects.
Anticipated incremental development.
16. If residential, include the number of units, schedule of
unit sizes, range of sale prices or rents, and type of household
size expected. .'
17. If commercial, indicate the type, whether neighborhood, city
or regionally oriented, square footage 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
emplo~nent 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. dhange. in existing features of any bays, tidelands,
beaches, lakes 'or hills, or substantial alteration'of
ground contours.
22~ ..Change_iD__~enic__~ie~s_o~_~i~a~s from _~!~ting ................
residential areas or public lands or roads.
~3- Change in pattern, scale or ·character of Eeneral
area of project '- "
24. Significant amounts 6f solid waste or ll'~er.
~5- 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.
27. 'Substantial change in existing noise'or vibration
levels in the vicinity. -.
28. Site on filled land or on slope Of ]~).pbrCen~ or more.
29. Use of disposal of potentially hazardous materials,
such as toxic substances, flammables or explosives.
· 30, Substantial change in demand for municipal services
(police, fire, :.jater, sewage, etc.).
31. Substantially increase fossil fuel consumption
{electricity, oil, ~tural gas, etc.).
projects.
"~' .ENVIRONF[ENTAL SETTING
Relationship to a larger project or series of
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 polargid photos will
be accepted.
-'32. Describe the surrounding properties, including information
· ~on plants 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,
f ontage, · ·
r set-back, rear yard, etc ) Attacfi photographs of the
vicinity. Snapshots Or polaroid photos will be accepted,
C~RTIFICATION: I hereby certify that the statements furnished·
above and in the attached exhibits present the data+and infor-
mation required for this initial evaluation to the best of my
ability, and that'the facts, statements, and information ~resented
are true and correct to the best of my kn~wledge and belief.
( Signature )
~cr ~
BACKGROUND
.APPENDIX I
'ENVIRONMENTAL CHECKLIST, FORM
(To be completed. by Lead Agency)
Name of Proponent
Address and Phone Number of Proponent:
Date of Checklist Submitted
Agency Requiring Checklist
Name of Ppoposa[,. if applicable
ENVIRONMENTAL IMPACTS
.(EXplanations of all "yes" and "maybe" answers are required on attached
sheets, )
.Earth. Writ the proposal .result
MAYBE NO
a. Unstable earth conditions or in
.changes in geologic substructures? ,
b. Disruptions, displacements, com-
pacti6n or overcovering of the soft? -.
c. Change in topography or ground
surface relief Features?
' t
d. The destruction, covering or
modification of any unique geologic
or physEcat Features?
e. 'Any increase [n wind or. water
erosion-of soils, either on or off
-the site?
f. Changes in deposttton or e.rToston
of beach sandS, or Changes [n -
siltatton, deposition or erosion
which may modLF-y the cPa. nne[ oF .
a river or stream or the bed of
the ocean or any bay, inlet or lake?
YES
/VLzkYB E
NO
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground Failure,
or similar hazards?
Air. Wi!l the proposal result in:
a. Substantial air emissions or
deterioration of ambient air quaEity?.
b.' The creation of objectionable odors?
c. Alteration of air movement,
moisture or temperature, or any
change in climate, either locally or
regionally?.
Water. Will the proposal result in:
a. Changes in currents, or the
course or direction of water movements~
'in either marine or Fresh water?
b. Changes in absc~rption rates,'
drainage' patterns, or the rate and
amount of surface water runoff?.
c. Alterations to the course or
flow of flood waters?
d. Change in the amount of surface
water' in any water bodZ>f?.
e. Discharge into surface waters,
¢)r in .any alteration of surface' w~ter
· quality, inctuding but not limited to
temperature, dissolved oxygen or
.turbidtty? .
f.' Alteratio'n of the direction or
· rate of tlow of ground waters?
g. Change in the quantity of ground
waters~ either through direct a, ddtttoDs
OP withdrawals, or throu~gh interception
Of an aquiFer by cuts or excavations?
,.:
e
YE~
MAYBE
I3
NO
h. Substantial reduction in the
amOunt of water otherwise available
for public water supplies?
I. Exposure of peopte 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, shr~bs, grass,
crops, micro flora and aquatic plants)?
b. Reduction of the numbers of any
unique, rare oP endangered species
of plants? ..
c. introduction of new specie~ of
plants into an area, or [n a barrier.
to the normal replenishment of
'existing species? "
d. Reduction [n acreage of any
..... agr_i_cul_tur_a!_Q_rop?~_ · ..............
Animal Life.
result in:
Will the proposal
· 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 number~s of any
'uniqOe, rare or endangered species
of animals?
c. Introduction of new species bf
animals into an area, or resutt in
a barrier ~o the migration or
movement of animals?
d. Deterioration to existing fish
or wildlife habitat?.
YES
MAYBE NO
Noise. Will the proposal result
a, . increases in existing noise
levels?
b, Exposure of people to severe
noise levels?
Light and Glare. Writ the proposal
produce new light or glare?
Land Use. Will the proposal result in
a substantial alteration of the present
or' planned land use of an area?
NabJral Resources. Will the
Proposal result in:
a., , Increase in the rate of use of any
natural resources?
b..' Substantial depletion of any
nonrenewable natural resource?
Risk of. Upset. Does the proposal
involve a risk of an explosion or .
the release of hazardous substances
(_t_nc__lU_dipg,_bU._t n_o__tjimited to, oi1,
pesti.cides, chemicals or radiation)
.in the event of an acctden.t or
upset conditionS?
Population. Will the proposal alter·
the location, distribution, density
or growth rate of the human popu-
lation of an area?
Housing. Will the proposal 'affect
existing housing, or create a
.dern~nd for additional housing?
13. Transportation/Circulation. Will
the proposal .result
a. Generation of substantial addi-
tional vehicular' movement? .'
t
b. Effect~ on existing parking
facilities, or demand for new
parking?
YES MAYBE
I5
c. Substantial impact upon existing
transportation systems?.
d. Alterations to present patter;ns
Of circulation or movement of
people and/or goods?
e. Alterations to waterborne, raft
or air traffic?
f. Increase in traffic hazards to
motor vehicles, bicyctists or
pedestrians?
Public Services. Wi'll the proposal
have an effect upon,. or result in a
need for new or altered govern-
'mental ser~vices in any oF the ..
'following areas:
a. Fire protection?
b. Police protection?
, c. ~chools?
d. Parks or other recreational
Fac'ttities?
e. N~aintenance of public facili-
ties, inctudtng roads? '
I% Other governmental services?
Energy. Will the proposal result in:
a. Use oF substantial amounts oF
fuel or energy?
b. Substantial increase in demand
upon existing sources of .energy, ·
or, require the development of new
sources of energy?.
I6
YE~
MAYBE
Utilities. Will the proposal result
in a need for new systems, or
substantial alterations to the
foTlowing utilities:
a. Po~ver or natural gas?
b. Communications systems?
C. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
Human Health.
result in:
Will the proposal
a. Creation of any health hazard or
'potent[at health hazard (excluding
'mental health)?
· b. - Exposure of people to potential
health 'hazards?
Aesthetics .. Will the proposal result
in the obstruction of any scenic
vista or view open to the public, or
will the proposal result in the
creation of an aesthetically
offensive site open to public view?
Recreation · Wilt the proposal r:esutt
[n an impact upon the quality or
quantity of existing recreational
opportunities? ·
- Archeological/Historical. Will the
proposal result in an alteration of
a significant archeolog[cal on
historical site, strucDjre, object
or building?
Z7
YES /V~YB E
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 wildlife
population to drop below self sustainEng
· levels, threaten to eliminate a plant or
animal community, .reduce the number or
r, estrict 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-term, environmental goals?
(A short-term impact on the environment
'is one which occurs in a relatively brief,
.definitive period of time white long-term
.impacts will endure well into the future.)
-. (c) Does the project have impacts which
are individually limited, but cumutatively
considerable? (A project may impact on
.... two or more separate resources where the
impact on each resource is relatively
small, but where the effect of the total of
those impacts On the environment is
· - . significant. ).
III.
(d) Does the project have environmental.
effects which wilt cause substantial ad-
verse effects on human beingS', either
'~lirectly or indirectiy?.
DISCUSSION OF ENVIRONMENTAL EV'ALUA'F[ON
IV
Date
D ETERMINAT[O N
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
'7 [ find the ppoposed project COULD NOT have a significant
effect on the environment, .and a Negative DeclaPation
will be pr, epar-ed.
[ find that although the pnoposed project could not have a-
significant effect on the environment, thene will not be
a significant effect in this case because the mitigation
rneasur'es descr-ibed On an attached sheet have been
added to the project. A NEGA'RVE DECLARATION WILL
BE PREPARED·
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT
REPORT is required.
(-Signatu
FoP
'To
SUBJECT:
APPEh~3IX J "
NOTICE OF pREPARATION.
':-" · "
(Re spons ib le Agency)
FROM:
(Lead Agency)
= ..: (ASdress)
.. (Address)
Notice o~ ~reparation of a Draft Environmental !mpa'ct 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 m~ndated by State law, your response must be
· sent at'the earliest possible date but not later than 45 days after
r~ceipt-of this notice. ..~ -....-
..... : ................ at the.
Please send your response to
'- -. address. sho~n above. We will need the name for a contact person in
PROJECT APPLICANT, IF ANY:
· '..... Date
"Signature
Telephcne ..-
Reference: California Administrative. Code, Title 14, Sections 15035.7,
.' 15054.3, 15066