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HomeMy WebLinkAboutResolution No. 3146 RESOLUTION #3146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AMENDED GUIDELINES RELATIVE TO THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS. WHEREAS, the State of California adopted the Environmental Quality Act of 1970 for the preservation of a quality environment for the people of the State, now and in the future as a matter of statewide concern; and WHEREAS, the California State Legislature directed the State office of Planning and Research to develop guidelines for the preparation of Environmental Impact Reports, and such guidelines have been adopted by the Resources agency of California; and WHEREAS, all cities and counties within the State of California are required to adopt guidelines which comply with the officially adopted guidelines of the State; and WHEREAS, the City Council determines that such action is necessary for the protection of the environment in the City of Downey; and WHEREAS, such guidelines are necessary for the issuance of certain building permits and City approvals in conformance with the State Law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Downey does hereby adopt the following amended guidelines relative to the preparation of Environmental Impact Reports. SECTION 1. (SEE ATTACHED TEXT) SECTION 2. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 14th day of July , 1975. Jlseph E.DiLoreto, Mayor ATTEST: City Clerk I HEREBY CERTIFY THAT the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 14th day of July , 1975, by the following vote, to wit: AYES: 5 COunCi 1 Member: Winton, Temple, Scotto, Jennings, DiLoreto NOES: 0 Council Member: None ABSENT: 0 Council Member: None City Clerk ti • • • GUIDELINES FOR PREPARING ENVIRONMENTAL IMPACT REPORTS (EIR) City of Downey California • prepared by Downey City Planning Division Third Revision May 1, 1975 1 1, • ` 1 • • O • k ENVIRONMENTAL IMPACT REPORT GUIDELINES TABLE OF CONTENTS • • . . PAGE . . # 1. AUTHORITY 1 II. . PURPOSE AND INTENT 1 • IL . 3I III. DEFINITIONS '. • 1 k i' IV. GENERAL RESPONSIBILITIES 5 `' 4 A. Public Agency Implementation 5 B. Lead Agency Principle • 6 C. Designation of Lead Agency 6 D. Consultation with Responsible Agencies 7 " E. State Office of Planning and Research 7 F. Secretary of Resources Agency 7 V. APPLICATION 8 - A. General Rule 8 B. Federal Projects - 9 C. Single EIR - Projects of Similar Nature 9 D. Subsequent EIR - Changes to Initial Projects . 9 E. Multiple and Phased Projects 9 F. Ongoing Project 10 G. - Emergency Project . 11 1` K. Feasibility and Planning Studies 11 . . I. Ministerial Projects 11 1 I 3. Notice of Exemption . 11 I : t VI. DETERMINING SIGNIFICANT EFFECT - 13 . A. Initial Study . . 13 B. Determining Significant Effect 13 C. Mandatory Findings of Significance 14 D. Negative Declaration - Findings of Insignificance 14 . VII. EIR PROCEDURE (PROCESS) 16 • { I A. Decision to Prepare 16 . B. EIR Process 16 C. EIR Combined with Existing Planning & Review Process 18 D. Additional Notices - 18 E. Statement of Overriding Considerations 18 VIII. TIME SCHEDULE 19 A. Activity - Time Schedule • 19 B. Failure to Comment _ 20 IX. EIR APPEAL 20 X. • FILING FEES 20 A. Fees 20 B. Availability of Environmental Documents 20 XI. CONTENTS OF ENVIRONMENTAL IMPACT REPORTS 21 . A. General 21 B. Contents of Final Environmental Impact Report 25 • C. Degree of Specificity 25 D. EIR as Part of General Plan 25 • • TABLE OF CONTENTS (Continued) • • • i • XII. CATEGORICAL EXEMPTIONS 26 A. Categorical Exemptions 26 B. Relation to Ministerial Projects • 26 C. Exceptions 26 D. Revisions to List of Categorical Exemptions 26 E. Application by Public Agencies 26 F. .Class 1: Existing Facilities 27 G. Class 2: Replacement or Reconstruction 28 H. Class 3: New Construction of Small Structures 28 I. Class 4: Minor Alterations to Land 28 J. Class 5: Alterations in Land Use Limitations 29 K. Class 6: Information Collection 29 L. Class 7: Actions by Regulatory Agencies for Protection of Natural Resources 29 M. Class 8: Actions by Regulatory Agencies for • Protection of the Environment 29 N. Class 9: Inspections 29 0. Class 10: Loans 29 P. Class 11: Accessory- Structures 29 Q. Class 12: Surplus Government Property Sales 30 R. Class 13: Acquisition of Lands for Wildlife Conservation Purposes • 30 S. Class 14: Minor Additions to Schools • 30 XIII. RETENTION AND AVAILABILITY OF COMMENTS 31 XIV. EIR MONITOR 31 XV. DISCLAIMER 31 XVI. APPENDICES A. Environmental Impact Report Process Flow Chart Agencies of Legal Authority & Special Expertise B. Negative Declaration C. Notice of Completion D. Notice of Determination E. Notice of Exemption F. Energy Conservation • • • • . O f • • • • • • • GUIDELINES FOR PREPARING ENVIRONMENTAL IMPACT REPORTS (EIR) • • (15000) I. AUTHORITY - The regulations contained•herein are prescribed by the Secretary for Resources pursuant to authority granted in Public Resources Cede Section 21083 to be followed by all state agencies, boards, and commissions, all counties, cities and counties, cities including charter cities, regional agencies, public distridts, redevelopment agencies, and all other political subdivisions of the State in the implementation - of the Environmental Quality Act of 1970 dealing with environmental quality, the evaluation of projects, and the preparation and evaluation • of environmental impact reports. These Guidelines have been developed by the Office of Planning and Research for adoption by the Secretary for Resources in accordance with Section 21083. . (15005) II.. PURPOSE AND INTENT - The purpose of this policy statement is to provide a guide for implementing the California Environmental Quality Act of 1970. It is the intent that procedures established herein will serve as criteria for preparing and evaluating Environmental Impact Reports in conformance with the Environmental Quality Act of the State of California. An Environmental Impact Report is an informational document which, when fully prepared in accordance with the California Environmental Quality Act and these Guidelines, will inform public decision - makers and the general public of the environmental effects of projects they propose to carry out or approve. The EIR process is intended to enable public • agencies to evaluate a project to determine whether it may have a significant effect on the environment, examine and institute methods of reducing adverse impacts, and consider alternatives to the project • as proposed. These things must be done prior to approval or disapproval of the project. An EIR may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved -- public agencies . retain existing authority to balance environmental objectives with economic and social objectives. (15020) III. DEFINITIONS - Whenever the following words are used in these Guidelines, unless otherwise defined, they shall have the meaning ascribed to them in this Section. These definitions are intended to clarify but not to replace or negate the definitions used in California Environmental Quality Act. (15021) A. Approval. Approval means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances. • Legislative action in regard to a project often constitutes approval. In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. (15022) E. CEQA - California Environmental Quality Act. California Environmental Quality Act (CEQA) means California Public Resources Code Sections 21000 et seq. • ' • • • • _ _ 115023) • C, Categorical Exemntion. Categorical Exemption means an - • exception from the requirements of CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. (15024) D. Discretionary Project. Discretionary project means rn activity • defined as a project which requires the exercise of judgment, deliberation, or decision on the part of the public agency or body in the process of approving or disapproving a particular f activity, as distinguished from situations• where the public agency or body merely has to determine whether there ha been conformity with applicable statutes, ordinances, or regulations. (1 C.5) E. Emergency. Emergency means a sudden, unexpected occurrence -- - demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (15026) F. Environment. Environment means the physical conditions which exist within the area which will be affected by a proposed project including land, air, water,. minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. • (15026.5) G. Environmental Documents. Environmental documents means Draft and Final EIR's, Initial Studies, Negative Declarations, Notices of Completion, and Notices of Determination. (35027) H. EIR - Environmental Impact Report. Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR. 1. Draft EIR means an EIR containing the information specified in Section XI. of these Guidelines. Where a Lead Agency consults with Responsible Agencies in the preparation of a •— draft EIR, the draft EIR shall also contain the information specified in Section XI (E). 2. Final EIR means an EIR containing the information contained in the draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the Lead Agency to the comments received. The final EIR is discussed in detail in Section XI (G). (15028) 1. EIS - Environmental Impact Statement. Environmental Impact Statement (EIS) means an environmental impact document prepared pursuant to the National Environmental Policy Act (NE PA). The Federal Government uses the term EIS in the place of the term EIR which is used in CEQA. (15029) J. Feasible. %Feasible means capable of being accomplished in a successful manner by reasonably available, economic, and workable means. • (15029.6) K. Jurisdiction by Law. • 1. Jurisdiction by law means the authority of any public agency (1) to grant a permit for or provide funding for the project in question, or (2) to exercise authority over resources which may be affected by the project. • 2. A city or county will have jurisdiction by law with respect to a project when the city or county is the site of the project, the area in which the major environmental effects ' will occur, and /or the area in which reside those citizens most directly concerned by any such environmental effects. • • • 3. Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency, see Section III (W), or the lead agency, see Section III (14). ;(15023.5) L. Initial Study. Initial study means a preliminary analysis prepared by the Lead Agency pursuant to Section VI to determine whether an EIR or a Negative Declaration must be prepared. s X15030) M.. Lead Agency. Lead Agency means the public agency which has the _ R - principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environment. • • (15 1) N. Local Agency. Local agency means any public agency other than a state agency, board or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, • districts, school districts, special district, redevelopment agencies and any board commission, or organizational subdivision • of a local agency when so designated by order or resolution of the governing legislative body of the local agency. 415032) 0. Ministerial Projects. Ministerial projects as a general rule include those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of authority. With these projects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance, • or regulation may require, in some degree, a construction of its F language by the officer. - 145033) P. Native Declaration. Negative declaration means a statement by the Lead Agency briefly presenting the reasons that the project, although not otherwise exempt, would not have a significant effect on the environment and therefore does not require an EIR. N5034) . Q. Notice of Comnletion. Notice of Completion means a brief notice filed with the Secretary for Resources by a Lead Agency as soon as it has completed a draft EIR and is prepared to send out copies for review. The contents of this notice are explained in Section VI. A copy of this notice appears in Appendix C. X;15035) R. Notice of Determination. Notice of Determination means a brief notice to be filed by a public agency after it approves or determines to carry out a project which is subject to the requirements : of CEQA. The contents of this notice are explained in Section VI. A copy of this notice appears in Appendix D. (15035.5) S. Notice of Exemption. Notice of exemption means a brief notice which may be filed by a public agency when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an emergency project. Such a notice may also be filed by an applicant where such a determination has been made by a public agency, which must approve the project. The contents of this notice are explained in Section V. A copy of this notice appears in Appendix E. )) T. Person. Person includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, • county, city and county, city, town, the State, and any of the agencies' political subdivisions of such entities. . • • 0 • • . 1 15037) U. Pro 1. Project means the whole of an action, which has a potential for physical impact on the environment, directly or ultimately, that is any of the following:, a. An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, I . improvements to existing public structures, enactment and ametidrlent of zoning ordinances, and the adoption ` and amendment of local General Plans or elements thereof I pursuant to Government Code Section 65100 - 65700. • b. An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance • from one or more public agencies. . . . c. An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement • for use by one or more public agencies. • 2. Project does not include: , . a. Anything specifically exempted by state law. b. Proposals for legislation to be enacted by the State Legislature other than requests by state agencies for authorization or funding for projects independently I from the Budget Act. c. Continuing administrative or maintenance activities, such as purchases for supplies, personnel- related actions, ., .-� emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies. }' d. The submittal of proposals to a vote of the people of the State or of a particular community. . 1 f 3. The term "projec,t" refers to the underlaying activity and not to the governmental approval process. F {15038) V. Public Agency. Public agency includes any state agency, board or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the State. This :a term does not include agencies of the federal government. (15039) W. Responsible Agency. Responsible agency means a public agency which proposes to undertake or approve a project, but is not the Lead Agency for the project. It includes all public agencies other than . the Lead Agency which have approval power over the project. «15040) X. Significant Effect. Significant effect means a substantial' adverse �-- impact on the environment.. • , i i 3 3 4 6 , ■ i . M 4 - IV. GENERAL RESPONSIBILITIES K15050) A. Public Agency Implementation, • - 1. Each public agency is responsible for complying with CEQA and these Guidelines. Each public agency must develop its own procedures consistent with these Guidelines. 2. Where a public agency is a Lead Agency and prepares and EIR itself, contracts for the preparation, or accepts data and information in the form of a draft EIR from an applicant, - • that public agency is responsible entirely for the adequacy and objectivity of the EIR. 3. Public agencies shall adopt objectives, criteria, and specific procedures consistent with CEQA and these Guidelines f for the orderly evaluation of projects and the preparation of environmental documents. These implementing procedures should contain at least the following provisions: a. Procedures for identifying the activities that are exempt from CEQA. These procedures should contain: (1) Provisions for evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment. (2) A list of projects over which the public agency has only ministerial authority. (3) A list of specific activities which the public agency has found to be categorically exempt pursuant to Section XII. . . b. Procedures for the conduct of initial studies. rt c. Provisions for the preparation of Negative Declarations, c3. Provisions for the preparation of EIR's. e. Provisions for consulting with and obtaining comments from other public agencies and members of the public with regard to the environmental effects of projects. f. Provisions assuring adequate opportunity and time for the public to review and comment on the Draft EIR or Negative • Declaration. " g. Provisions for evaluating and responding to comments received on environmental documents. h. Provisions for the review and consideration of environmental• documents by the person or decision - making body who will - approve or disapprove a project. i. Provisions for filing documents required or authorized by CEQA and these Guidelines. J. Provisions to ensure that Lead Agencies obtain adequate comments on environmental documents which they submit to the public agency for review. k. The assignment of responsibility for specific functions • to specific units of the public agency. . . • . (15064) R. Lead Agency Princinle. Where a project is to be carried out or approved by more than one public agency only one public agency shall be responsible for preparation of environmental documents and it will be the Lead Agency. Such environmental . documents will be prepared by the Lead Agency in consultation with all other • responsible agencies. The Lead Agency's environmental . documents shall be the environmental documentation for all responsible • agencies. Such responsible agencies shall consider the Lead Agency's EIR or negative declaration prior to acting upon or --- ,approving the projects, and they shall certify that their decision- making bodies have reviewed and considered the information contained in them. - (15065) 1. If the project is to be carried out by a public agency, the Lead Agency shall be the public agency which proposes to carry out the project. 2. If the project is to be carried out by a nongovernmental person, the Lead, Agency shall be the public agency with the. greatest responsibility for supervising or approving the project as a whole. The Lead Agency will generally be the agency with } general governmental powers rather than . an agency with a single or limited purpose which is involved by reason of the need to provide a public service or public utility to the project; in such cases, the single or limited purpose agency will, upon request, provide data concerning all aspects of its activities required to furnish service to the project to the agency ' . 'drafting the EIR, and no separate EIR will be required in regard to such activities. . 3 • s i . 3. Where more that one public agency equally meet the criteria set forth in paragraph (2) above, the agency which is to act first on .the project in question shall be the Lead Agency (following the principle that the environmental impact should be assessed as early as possible in governmental planning). 4. Where the provisions of subsections 1, 2, and 3 leave two or more public agencies with an equal claim to be the Lead Agency, the public agencies may by agreement designate which agency will be the Lead Agency. t (15065.5) C. Designation of Lead Agency by Office of Planning and Research. • 4 1. In the event that the designation of a Lead Agency is in dispute, the following criteria shall apply: • a. Public agencies should consult with each other in an effort to resolve the dispute prior to submitting it to OPR. b. If an agreement cannot be reached, any public agency I involved may submit the dispute to the OPR for resolution. 2. Regulations adopted by OPR for resolving Lead Agency disputes I may include the following: a. Submission of mitten statements to OPR and other disputing public agencies; 4'' • - 1 • .b. .Certification by OPR that a Lead Agency dispute.exists; a r c. Publication of notice that a dispute has been submitted to OPR: d. Determination of the dispute on the basis of-written • statements or by a hearing. • • 3. Designation of a Lead Agency by OPR shall be based on consideration of the criteria in Section IV as well as the capacity of the agency to adequately fulfill the requirements of CEQA. • (15066) D. Consultation. When more tlitn one public agency will be involved in undertaking or approving a project, the Lead Agency shall . consult with all responsible agencies (i.e., all the other public agencies involved in carrying out or approving the project ) before • completing a draft EIR or Negative Declaration. This early consultation is designed to insure that the EIR or Negative - Declaration will reflect the concerns of all responsible agencies which will issue approvals for the project. After completing the draft EIR or Negative Declaration, the Lead Agency shall also consult with and seek to obtain comments from other public agencies - having jurisdiction by law and should consult with persons having special expertise as described in Section VI. . (15051) - E. Office of Planning and Research (OPR). OPR is responsible for the preparation and development of principles, objectives, criteria and definitions to implement the CEQ4, prior to adoption by the Secretary for Resources. OPR also, as part of guideline development, shall consider proposals for Categorical Exemption and makes i appropriate recommendations to the. Secretary for Resources. OPR shall be responsible for resolving disputes over Lead Agency designation. . • (15052) F. The Secretary of the Resources Agency. The guidelines shall i! be officially adopted by the Secretary of the Resources Agency, including a finding that each class of projects given a Categorical Exemption will not have a 'significant effect on the environment. He also has the responsibility for consolidating all State comments on federally sponsored projects. The Secretary' of the Resources Agency may issue supplements to. these Guidelines, containing amendments and /or additions. r i . I • t 1 i i t - } ' - • , . • 1 . • 0 .. 7 .. $ 1 v. APPLICATION • • • i (15060) A. General Rule. The requirements set forth in these Guidelines . apply to projects which may have a significant effect on the environment and which involve discretionary governmental action. Where 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 is not covered by the requirements set forth in CEQA, and these Guidelines concerning the evaluation of projects and the preparation and review of environmental documents do not apply. (15061) 1. When a public agency plans to carry out or approve a project which may have a significant effect on the environment, the Lead Agency shall prepare environmental documents through its own efforts or by contract unless the project is otherwise exempted by these Guidelines. 2. Where a project which may have a significant effect on the environment is to be carried out by a non - governmental person subject to approval, financial support, or some other involve- ment by a public agency, the Lead Agency will prepare environmental documents by its on efforts or by contract. However, the Lead Agency may require the person to supply data and information, both'to determine whether the project may have a significant effect on the environment, and to assist in the preparation of an EIR by the agency. This information may be submitted in the form of a draft EIR, if the agency desires. If information . is provided in the form of a draft EIR, the Lead Agency may not use the draft EIR as its own without r independent evaluation and analysis. The draft EIR which is sent out for public review must reflect the independent judgment of the Lead Agency. The Lead Agency should require an applicant to specify to the best of his knowledge which other public agencies will have jurisdiction by law over the project. • 3. Where the project is to be undertaken by a local agency, as defined in these Guidelines, but requires State approval or financial assistance, the State Agency shall require the local agency to prepare the EIR or Negative Declaration, to be submitted with the request for approval of the proposed project.• This must also be done where federal funds are involved, but only if a State Agency has discretionary authority over the use of those funds. If the local project has been mandated on the local agency by a State Agency, the EIR prepared by the local agency may be limited to consideration of those factors and-alternatives which do not conflict with the order. 4. The EIR may be prepared as a separate document, or as part of a project report. If prepared as a part of the project report, it must still contain in one separate and distinguishable section the elements required of an EIR, including the seven �-- elements specified in Section XI of these Guidelines. 5. All public and private activities or undertakings pursuant to or in furtherance of a redevelopment plan constitute a single project, which shall be deemed approved at the time of adoption of the redevelopment plan by the legislative body. The EIR in connection with the redevelopment plan shall be submitted in accordance with Section 33352 of the Health and Safety Code. • • • • • 6. All of the above is subject to the Lead Agency principle which provides that not more than one EIR shall be prepared in connection with the same underlying activity and that the EIR shall be prepared by the Lead Agency. (15063) B. Federal Pro'e� cts. • 1 . In regard to any proposed federal project in this State which �.. may have a significant effect on the environment and on which the State officially comments, the State officials responsible for such comments shall include in their comments a discussion of the matters specified in Section XI of these Guidelines. 2. In cases where these Guidelines require the preparation of an EIR by a Lead Agency and an EIS has been or will be prepared • • for the same project pursuant to. the requirements of the • National Environmental Policy Act of 1969 and implementing • regulations thereto, all or any part of such statement may be submitted in lieu of all or any part . of an EIR required by these Guidelines, provided that the EIS or the part thereof so used, shall comply with the requirements of these Guidelines. In cases where the federal EIS is used, discussion of mitigation measures and growth inducing impact will have to be added or supplemented if the EIS does not include an adequate discussion of these elements. 15068) C. Use of a Sin2le EIR. The Lead Agency may employ a single EIR to { describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the Lead Agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. Lead Agencies may elect to write EIR`s in advance for entire programs or regulations, in order to be prepared for project applications to come. Whenever an agency chooses to utilize any of these alternatives, however, it must find that the environmental effects of the projects are similar enough to warrant the same treatment in an EIR and that the EIR will adequately cover the impacts of any single project. If these tests are not met, an agency should supplement the EIR it prepares for a program to apply it to an individual project. (15067) D. Subsequent EIR. Where an EIR has been prepared, no additional EIR need to be prepared unless: 1. Substantial changes are proposed in the project which•will require major revisions of the EIR, due to the involvement of new environmental impacts not considered in a previous EIR on the project; . 2. There are substantial changes with respect to the circumstances under which the project is to be undertaken, such as a change in the proposed location of the project, which will require Major revisions in the EIR dare to the involvement of new environmental impacts not covered in a previous EIR. ( ;69) E. Multiple and Phased Projects. Where individual projects are, or a phased project is, to be undertaken and where the total under- taking comprises a project with significant environmental effect, the Lead Agency must prepare a single EIR for the ultimate project. ' Where an individual project is a necessary precedent for action on a larger project, or commits the Lead Agency to a larger project, with significant environmental effect, an EIR must address itself to the scope of the larger project. Where one project is one of several similar projects of a public agency, but is not deemed a part of a larger undertaking or a larger project, the agency may • prepare one EIR for all projects, or one for each project, but should in either case comment upon the combined effect. (15070) F. Onvin Project. • 1. A project as defined in Section III of these Guidelines, approved prior to November 23, 1970, shall require an Environmental Impact Report or a Negative Declaration if the project may have a significant effect on the environment, . and either of the following conditions exists: a. A substantial portion of public funds allocated for the _ project.have not been spent and it is still feasible to. • •. modify the project to mitigate potentially adverse environmental effects, or to choose feasible•alternatives to the project, including the alternative of no project" or halting the project; provided that this Section "a" shall not apply to projects which core under the jurisdiction of the National Environmental Policy Act (NEPA) and which, through regulations promulgated under NEPA, were held to be too far advanced at the time of NEPA's effective date to require an EIS in compliance with those regulations. b. A public agency proposes to modify the project in such a way that the project might have a new significant effect on the environment. 2. A project as defined in Section III as it relates to contracts, where the permit or other entitlement was issued, or the contract approved, prior to April 5, 1973, shall not require an EIR or Negative Declaration, subject to the following provisions: a. CEQA expressly does not-prohibit a public agency from considering environmental factors in connection with the approval or disapproval of a project, or from imposing reasonable fees on the appropriate private person or entity for preparing an environmental report. Local agencies may require environmental reports for projects covered by this paragraph pursuant to local ordinances during this interim period. lb. Where the issuance or approval occurred prior to December 5, 1972, and prior to said date the project was legally $ challenged for noncompliance with CEQA, the project shall be I bound by special rules set forth in Section 21170 of CEQA. • c. Where a project involving the issuance of a lease, permit, license, certificate or other entitlement to use has been granted a discretionary governmental approval for part of the project before April 5, 1973, and another or additional discretionary governmental approvals after April 5, 1973, the project shall require an EIR or•Negative Declaration only if the approval or approvals after April 5, 1973, involve a greater degree of responsibility or control over the project as a whole than did the approval or approvals prior to that date. • 3. Any draft EIR which has been completed and sent out for public review on or before January 6, 1975, in compliance with procedures of a public agency consistent with CEQA and these Guidelines as adopted in December 1974, shall be deemed to be • in compliance with these Guidelines. No further EIR shall be required except as provided in Subsections "1" and "2 ". • . 10 .+ • • (15071) G. Emergency Project. The following emergency projects are exempt from the requirements of CEQA, and no EIR is required. 1. Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace • property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Government pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title of the Government Code. 2. Emergency repairs to public service facilities necessary t� maintain service. 3. Projects undertaken as immediate action necessary to prevent or mitigate an emergency. (15072) H. Feasibility and Planning Studies. A.project involving only feasibility cr planning studies for possible. future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an environmental impact report but does require consideration of environmental factors as • required by Section 21102 of CEQA. (15073) I. Ministerial Projects. Ministerial projects are exempt from the requirements of CEQA, and no environmental documents are required. The determination of what is "ministerial" can most appropriately be made by the particular public agency involved based upon its analysis of its own laws, and each public agency should make such determination either as a part of its implementing regulations or on a case-by-case basis. It is further anticipated that the following actions will, in most cases, be ministerial in nature. 1. Issuance-of building permits. 2. Issuance of business licenses. 3. Approval of final subdivision maps. 4. Approval of individual utility service connections and disconnections. In the absence of any discretionary provision contained in local ordinance, it shall be presumed that these four actions are ministerial. Each public agency may, in its implementing regulations or ordinances, provide an identification or itemization of its projects and actions which are deemed ministerial under the applicable laws and ordinances. (15074) 3. Notice of Exemption. • 1. When a public agency determines that a project is exempt from • the requirements of CEQA because it is an emergency project, a ministerial project or categorically exempt, and the public 1 agency approves or determines to carry out the project, it may file a notice of exemption. Such a notice shall include: • a. A brief description of the project; b. A finding that the project is exempt, including a citation to the State Guidelines section under which it is found to be exempt, and c. A brief statement: of reasons to support the finding. • • • 11 .. . 2. Whenever a public agency approves an applicant's project, it or the applicant may file a notice of exemption. The notice of exemption filed by an applicant shall contain the information required in subdivision "1" above, together with a certified document issued by the public agency stating that it has found the project to be exempt. This may be,a certfied . copy-of an existing document or record of the public agency. 3. If the public agency is a State Agency, the notice-of exemption will be filed with the 'Secretary for Resources. A form for this notice is provided in Appendix E. Copies of all such notices shall be posted on a weekly basis at the Resources Building Information Desk, 1416 9th Street, Sacramento. Each such list will remain posted for 30 days. 4. If the public agency is a local agency, the notice of exemption will be filed with the.County Clerk of the county or counties in which the project will be located. Copies of all such notices will be available for public inspection and a list of such notices shall be posted on a weekly basis in the office of the County Clerk. Each such list shall remain posted for a period.of 30 days. • • • • • • • • • • • • • • • • } .. 12 t VI. DETERMINING SIGNIFICANT EFFECT (15080) A. Initial Study. If a project is not exempted by these Guidelines from the requirements of CEQA. the Lead Agency should conduct an initial study to determine if. the project may have a significant effect on the environment. If any of the effects of a project may have a substantial adverse impact on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an environmental impact report must be prepared where discretionary governmental action is involved. • . If the project is to be carried out by a nongovernmental person, ,_ • the Lead Agency may require such person to submit data and information which will enable the agency to make this determination. • (15081) B. Determining Significant Effect. 1. The determination of whether a project may have a significant - effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An iron clad definition of • significant effect is not possible because the significance of an activity may vary with the setting. For example, an activity 1 which may not be significant in an urban area may be significant in a rural area. There may be a difference of opinion on whether a particular effect should be considered adverse or beneficial, but where there is, or anticipated to be, a substantial body of opinion that considers or will consider the effect to be adverse, the Lead Agency should prepare an EIR to • explore the environmental effects involved. - 2. In evaluating the significance of the environmental effect of a projcct, the Lead Agency shall consider both primary or direct and secondary or indirect consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area),.while secondary consequences are related more to primary consequences than to the project itself (an impact 1 upon the resource. base, including land, air, water and energy use of the area in question may result from the population growth). 3. Some examples of consequences which may have a significant effect on the environment in connection with most projects where they occur, include a change that: • a. Is in conflict with environmental plans and goals that have been adopted by the community where the project is • to be located; b. Has a substantial and demonstrable negative aesthetic effect; • • c. Substantially affects a rare or endangered species of animal or plant, or habitat of such a species; d. Causes substantial interference with the movement of any resident or migratory fish or wildlife species; • • s' 13 - • • e. Breaches any published national, state, or local standards relating to solid waste or litter control; • f. Results in a substantial deterimental effect on fir • or water quality, or on ambient noise levels for ; adjoining areas; • • • g. Involves the possibility of contaminating a public i water supply system or adversely affecting ground water; I h. _Could cause substantial flooding, erosion or siltation; i . i. Could expose people or structures to major geologic hazards. 082 C. Mandatory Findings of Significance. In every case where any of the f r tlS ) following conditions are found to exist as a result of a project, the project shall be found to have impacts with a significant . . effect on the environment: 1. Impacts which have the potential to degrade the quality of i the environment or curtail the range of the environment. i 2. Impacts which achieve short -term, to the disadvantage of long -term, environmental goals. A short-term impact on the I environment is one which occurs in a relatively brief, definitive period oftime while long -term impacts will endure I well into the future. I I 3. Impacts for a project which are individually limited, but cumulatively. considerable. A project may affect two or more separate resources where the impact on each resource is $ relatively small. If the effect of the total of those impacts on the environment is significant, an EIR must be prepared. • This mandatory finding of significance does not apply to two or more separate projects where the impact of each is insig- ` S nif icant. j 4. The environmental effects 6f a project will cause substantial ) adverse effects on human beings, either directly or indirectly. (15083) D. Negative Declaration. ' g 1. A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which the Lead Agency finds on the basis of an initial . study will not have a significant effect on the environment. Before completing a Negative Declaration, the Lead Agency shall consult with all responsible agencies pursuant to Section IV. 2. A Negative Declaration must include a brief description of _ the project as proposed, a finding that the project will not have a significant effect on the environment, a brief statement of reasons to support the findings, and a statement indicating who prepared the initial study and where a copy of it may be obtai ned. The Negative Declaration should normally not exceed one page in length. i a 14 -• . i 3. The Negative Declaration shall be made available to the public with sufficient time before the project is approved to provide an opportunity for members of the public to respond to the finding. 4. After making a decision to carry out or approve the project, the Lead Agency shall file a Notice of Determination with a copy of the Negative Declaration attached. The Notice of Determination shall include the decision of the agency to approve or disapprove the project, the determination of the agency whether the project will have a significant effect on the environment, and a statement that no EIR has been prepared pursuant to the provisions of CEQA. • a. If the Lead Agency is a State Agency, the Notice of Determination shall be filed with the Secretary for Resources. • b. If the Lead Agency is a local agency, the Notice of Determination shall be filed with the County Clerk of the county or counties in which the project will be located. If the project requires discretionary approvals from a State Agency, the Notice of Determination also shall be filed with the Secretary for Resources. I1 • I / . s :1 • !I, . • . • • • • • • • 15 1 VII. EIR PROCEDURE (PROCESS) I - i , 15084) A. Decision to Prepare an EIR. If the Lead Agency finds after an f . initial study, that the project may have a significant'effect • on the environment, the Lead Agency must prepare or cause to be ; I prepared an Environmental Impact Report. E :15( B. EIR Process. The following steps shall be followed after the 1 Lead Agency decides to prepare an EIR: . • 1. Preparation of EIR. c If the project is to be carried out by a nongovernmental `� person, the Lead Agency may require such person to submit ,t data and information necessary to enable the Lead Agency i il to prepare the EIR. This information may be transmitted in the form of a draft EIR. The draft EIR which is sent ' independent j ' • out for public review mint reflect the F endent J udgment 1 of the Lead Agency. Use of a draft EIR submitted by an applicant is discussed in Section V. 1 t 2. Early Consultation. • 11 The content of an EIR is described in Section X of these 1 Guidelines. Each element of an EIR must be covered, and these elements should be separated into distinct selections. Before completing a draft EIR consisting of the information / specified in Section X of these Guidelines, the Lead Agency shall consult with all responsible agencies pursuant +, to Section IV. In addition, the Lead Agency at this point ' should also consult directly with any person or organization it believes will be concerned with the environmental effects .; of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious form later in the review process. 3. Notice of Completion. As soon as the draft EIR is completed, a Notice of Completion I must be filed with the Secretary for the Resources Agency. . The notice shall include a brief description of the project, its proposed location, an address where copies of the EIR are available, and the period during which comments will be received. A form for this notice is provided in the Appendices. The Notice of Completion will provide the basis for information published by the Secretary for Resources in an EIR Monitor. Where the EIR will be reviewed through the State review process handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the Notice of Completion, (CA -189 Form) and no Notice of Completion need be sent to the Resources Agency. t . ,. 16 4. Public Review. After completing a draft EIR, the Lead Agency shall contult with and obtain comments from public agencies having juris- diction by law with respect to the project and should consult with persons having special expertise with respect to any environmental impact involved. Opportunity for comments from the general.public should be provided. • a. Public agencies should use existing State, regional, or local clearinghouses to distribute EIR's and other'environmental documents to appropriate agencies. b. To make copies of EIR's available to the public, Lead Agencies should furnish copies of draft EIR's to appropriate public library systems. • c. Public agencies should compile listings of other agencies, particularly local agencies, which have jurisdiction by law and /or special expertise with respect to various projects and project locations. Such listings should be a guide in determining which agencies should be consulted with regard to • a particular project. . d. Public hearings may be conducted on the environmental documents, either in separate proceedings or in conjunction with other proceedings of the public agency. 5. Evaluation by Lead Agency. - The Lead Agency shall evaluate comments received from persons who reviewed the draft EIR. 6. Preparation of Final EIR. The Lead Agency shall prepare a final EIR. The contents of a final EIR are specified in Section XI -B of these Guide- lines. 7. Notification. The Lead Agency shall advertise the date, time, place and purpose when the public meeting is to be held to consider the contents of the report and make a decision on the project. Such notice of meeting shall be published once in a newspaper - of general circulation in the City not less than ten (10) calendar days prior to the meeting. 8. Certification of Final EIR. The final EIR shall be presented to the decision - making body of the Lead Agency. The Lead Agency shall certify that the final EIR has been completed in compliance with CEQA and the State guidelines and that the decision-making body or admin- istrative official having final approval authority over the project has reviewed and considered the information contained in the EIR. • • • • 17 - • 9. Notice of Determination, After making a decision on the project, the Lead Agency shall file Notice of Determination. Such notice shall include: a. The decision of the agency to approve or disapprove the project; b. The determination of the agency whether the project • will or will not have a significant effect on the environment, and E T c. A statement that an EIR has been prepared pursuant to the provisions of CEQA. (1) If the Lead Agency is a State Agency, the Notice of Determination shall be filed with the Secretary for' Resources. (2) If the Lead Agency is'a local agency, the Notice of Determination shall be filed with the County . Clerk of the county or counties in -which the project would be located. If the project requires discretionary approval from a State Agency, the notice shall also be filed with the Secretary for • Resources. . ' 6 10. Filing of Final EIR. If the Lead Agency is a State Agency a copy of the final EIR shall be filed with the appropriate planning agency of any • city, county, or city and county which will be affected by the project. 11. Use of Final EIR by Responsible Agencies. Each responsible agency shall consider the Lead Agency's final EIR before acting upon or approving the project pursuant to Section IV. (15086) C. EIR Combined with Existing Planning and Review Process, The EIR process should be combined with the existing planning, review, and project approval process being used by each public agency. The Lead Agency shall include the EIR as a part of the regular project report which is used in the existing review and budgetary process. (15087) $ D. Additional Notices. In their implementing procedures, public agencies may provide for the filing of notices in addition to the notices required or authorized by these Guidelines. (15088) E. Statement of Overriding Considerations. If a public agency decides to approve a project for which serious adverse environmental consequences have been identified in. an EIR, the agency may wish to make a statement identifying the other interests that warrant approval in its point of view. If such a statement is made, it should be included in the record of the project approval and may '—" be attached to the Notice of Determination. • • r • 0 1 l . 4 1 -18« ., ,. [15160) VIII. TIME SCHEDULE - An EIR is a useful planning tool to enable environmental 15161) constraints and opportunities to be considered before project plans are finalized. EIR's should be prepared as early in the planning process as possible to enable environmental considerations to influence project program or design. The provision of the following specified amounts of time between the various steps in the,•EIR process insure the members of the public and public agencies adequate time to review and comment on an EIR that has been prepared. It is anticipated that review "periods for an EIP. will not require a halt in other planning activities related to a.project. Planning should continue in conjunction with environmental evaluation. . A. Activity . • Time Schedule • . 1. Initial Determination of Prior to filing application applicability of CEQA, required for discretionary • determination of Lead Agency, action (zone change application, and initial determination of application for Tentative project significance: Subdivision, etc.) 2. Negative Declaration filed On or before time of filing with the County Clerk if application required for the project is considered discretionary action, but not to have an insignificant later than twenty days prior effect: to action taken on project. 3. Draft EIR submitted by On or before time of filing applicant or sponsoring application required for I agency, if the project is discretionary action (zone considered to have a change application for significant effect: tentative subdivision, etc.) 4. Notice of Completion filed On completion of the draft EIR, with Secretary for Resources but not later than thirty days and draft EIR distributed to prior to public meeting on the i appropriate agencies for EIR, (if preliminary revisions comments to the draft are necessary, 1 they shall be completed within fifteen days). 5. Legal Notice published in On completion of the draft EIR, local newspaper describing but not later than ten days the date, time, place, and prior to the public meeting on purpose of the public the EIR. ` sheeting: .. 1 6. Lead Agency consultation On completion of the draft EIR, with other agencies and but prior to action being taken persons having expertise on a project. t . with regard to 1 environmental impact involved: • p 7. Final preparation of EIR: On completion of consultation with other agencies and with persons of special expertise. . i 8. Public meeting held by On completion of Final EIR and -- decision- making body; expiration of time periods bearing of public testimony required by parts 2, 4 and 5. and decision on the project: i a 9. Notice of Determination _ On completion of public meeting filed with County Clerk (for and determination of final EIR's and Negative • decision. Declarations): I - 19 - z.. 1 • (15162) B. Failure to Comment. If any public agency or person who is consulted with regard to an EIR fails to comment within a reasonable time as specified by the Lead Agency, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. (15163) IX. .EIR APPEAL - Decisions by the City Planning Commission on a project for (15164) which an environmental impact report has been prepared and adopted, (15165) may be appealed to the City Council by following the appeal procedures specified by local ordinance. Appeals are made to the decision on the project itself (the subject requiring discretionary action) rather than to the contents or findings of the report as ._. adopted. The environmental impact report, as required by State Law, represents an objective appraisal of the environmental significance of a proposed project or action, and cannot be compromised without reinstigating the review procedures with the appropriate agencies involved in the preparation of.the final report.. The discretionary • action on the project, however, is subject to appeal in the manner prescribed by local ordinance. . t L (15053) X. FILING FEES - A. The applicant for each project which requires an Environmental • Impact Report shall pay a fee of twenty -five dollars ($25.00) to the City of Downey to cover partial expenses incurred in the processing and review of the EIR. EIR revisions resulting from • project modifications will be made without charge to the applicant. EIR filing fees are non - refundable. 1. All Lead Agencies preparing.EIR's or Negative Declarations for projects to be carried out by any person other than the • Lead Agency itself may charge and collect a reasonable fee from such person or entity, in order to recover the estimated costs incurred in preparing the EIR or Negative Declaration. 2. Public agencies may charge and collect a reasonable fee from members of the public for a copy of an environmental document not to exceed the actual cost of reproducing a copy. (15163) B. Availability of Environmental Documents. 1. The Lead Agency, after preparing an EIR or other environmental document described in these Guidelines, is responsible for making such documents available to the public for inspection. Members of the general public requesting copies of the EIR • may be charged for the actual cost of reproducing that copy. 2. The Lead Agency should file draft EIR's in appropriate public library systems in order to improve public access to the draft EIR. • . s ' I • • 20 • XI. CONTENTS OF ENVIRONMENTAL IMPACT REPORTS 1514 0) A. General. Environmental•impact reports shall contain the information outlined in.this article. 1. Name, address, and business telephone of sponsor. 151 ; - 2. Description of Project. The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. = j a. The precise' location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. • b. A statement of the objectives sought by the proposed project. c. A general description of the project's technical, economic, and environmental characteristics, con - sidering the principal engineering proposals and supporting public service facilities. 15142) 3. Description of Environmental Setting. An EIR must include a description of the environment in the vicinity of the project, as it exists before commencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources • that are rare or unique to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining the possible cumulative impact of such projects. 15143) 4. Environmental Impact. All phases of a project must be considered when evaluating its impact on the environment: Planning, acquisition, development and operation. The • following subjects shall be discussed, preferably in separate sections or paragraphs. If they are not discussed separately, the EIR shall include a table showing where each of the subjects I' is discussed. f a. The Environmental Impact of the Proposed Action: Describe ; 1 the direct and indirect impacts of the project on the I environment, giving due consideration to both the short- it • term and long -term effects. It should include specifics of the area, the resources involved, physical changes, alterations to ecological., systems and changes induced in population distribution, population concentration, the human use of the land (including corrmercial and residential development) and s, other aspects of the resource base such as water, scenic quality and public services. • • • • 21 .. • • (1) Effect on Public Services: (a) Public Utilities: Indicate the effect of the project on the supply of electric power, natural gas, and potable water, and its effect do the discharge of storm water, sewage, and solid wastes. (b) Public Services: Indicate the impact on the public • schools, public parks, fire and police protection, library and public health facilities or other public services. Does the project help to off -set these costs by park land dedication, contribution to • public revenue, etc. (c) Traffic and Circulation: Does the project increase traffic flow to or from the site so as to cause congestion, traffic hazards or parking problems on or near the project's location? "(d) Public Facilities: Does the project disrupt or • interfere :with an existing recreation area, school site, or other public facility or does the project make it difficult for a proposed public facility to be acquired or developed in the location as • indicated on the City's Comprehensive General Plan? . (2) Social Effects: • (a) Displacement: Does the project displace any number of families now residing in the project area? Give numbers of persons displaced and indication as to the extent of adequate and similar housing in close proximity to the displacement area. .(b) Privacy: Does the project provide for privacy of its occupants? Also, describe how the project preserves the privacy of neighboring residents. (c) Light and Ventilation: Does the project provide for . adequate light .and ventilation to its occupants and preserves the light and ventilation of neighboring residents? (3) Physical Effects: . • (a) Impact on land form and land use: Describe how the project conforms to the character of the established neighborhood. Does the project divide or disrupt existing or potential uses of surrounding property. Does the project disrupt surface or underground streams or require major surface cuts or fill disfiguring or altering the natural terrain? Are natural rock out - croppings or mature trees threatened by the project? Describe methods to minimize adverse effects. (b) Impact of noise: Discuss proximity and extent of background noise as it affects the project. Describe noise levels frequency, and repetition of occurrence of noise emitted by the project and how it affects the surroundings. Are there schools or hospitals in near proximity? Discuss measures proposed to minimize noise problems. • • - 22 • (c) Impact on water quality: Discuss the effects of the project on the hydrologic cycle and the water planning and management techniques. • How does the project affect the water table, soil percolation, etc. Discuss the water to be used for irrigation, domestic supply, etc. Describe the project's control methods for preventing water pollution. With respect to water quality aspects of the proposed project which have been previously certified by the appropriate State or =! interstate organization as being in substantial compliance with applicable water quality standards, .reference to the certification should be made. " • (d) Impact on air quality: Describe any anticipated 1 contribution to air pollution or odor such as the anticipated number of trucks and automobiles the project will generate; the pollution from stationary sources such as exhaust stacks, stationary engines, dust and chemical pollution, etc. Describe methods for minimizing adverse effects. (e) Impact on natural vegetation and wildlife: Does the project remove, or in any other way affect wildlife or water fowl refuge areas, or affect wildlife breeding, • nesting, or feeding grounds? (f) Impact on remaining open spaces: Is the project located in an area which is predominantly in agricultural, undeveloped, or open space use? Describe any methods proposed to preserve or enhance the quality of open space. (g) Impact on mineral resources: Does the project involve extractive or irreplaceable use of natural resources such as water, oil, or other minerals or materials? Describe possible methods of replenishment of such resources. (h) Impact on historical or archeological features: Describe the impact of the project on any significant historical, archeological or cultural sites in the project area. Does the project involve the removal or conversion of historic buildings or sites, or is it located in close proximity to historical sites? (i) Impact on visual_ and' aesthetic quality: Indicate if the project affects areas of unique interest or scenic beauty. -Describe the project's visual or aesthetic' contribution to the character of the established neigh- borhood. b. Any Adverse Environmental Effects which Cannot be Avoided if the Proposal is Implemented: Describe any adverse impacts, including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, 'notwithstanding their effect, should be described. Describe impacts on any aesthetically valuable surroundings, or on human health. . . • f .-23- • • • • c. Mitigation Measures Proposed to Minimize the Impact: Describe avoidable adverse impacts, including inefficient and unnecessary consumption of energy, and the measures proposed to minimize these impacts. This discussion shall include an identification of the acceptable levels to which such impacts will be reduced, and the basis upon which such levels were identified. Where alternative measures are available to mitigate an impact, each should be discussed and the basis for selecting one alternative should be identified. Energy conservation measures, as well as 1 other appropriate mitigation measures shall be discussed. Examples of. energy conservation measures are provided in Appendix F. . • - e d. Alternatives to the Proposed_Action: Describe reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they Were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Describe alternatives capable • of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede • the attainment of the project objectives, and are more costly. • e. The Relationship between Local Short - Terra Uses of Man's Environment and the Maintenance and Enhancement of Long- Tear. Productivity. Describe the cumulative and long -term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts • which narrow the range of beneficial uses of the environment • or pose long -term risks to health or safety, In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. �-.. f. Any Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Ir.plemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future generations to similar uses. • • Also irreversible damage can result from environmental accidents 1 associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current comsumption is justified. g. The Croy. =th - Inducing - .Impact of the Proposed Action: L Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas). Increases in the population nnay further tax existing community service facilities sod consideration must be given to this impact. Also discuss the ! characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, . either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment, • • . t { 24 - x S 15 144 } h. Organizations and Persons Consulted.. The identity of all I 1. federal, state or local agencies, other organizations an 11 private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by l contract or other authorization must be given. . 1 15145} i. Water Quality Aspects, Describe in the env.ironmerital setting R section, and other sections where applicable, water quality : aspects of the proposed project which have been previoesly certified by the appropriate state or interstate organization as being in compliance with applicable water quality standards. 1 j t 1 35 ,} B. Contents of Final Environmental Im•act Re ort. 'j 1. The Final EIR shall consists of: . a. The Draft EIR or a revision of the draft. b. Comments and recommendations received on the Draft EIR . either verbatim or in summary. . . c. A list of persons, organizations and public agencies corm eating on the Draft EIR. d. The responses of the Lead Agency to significant environmental points raised in . the review and consultation process. 2. The response of the Lead Agency to comments received may take - , the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or . objections). In particular the major issues raised when the Lead Agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific continents and suggestions were not accepted, and factors of overriding importance warranting an override of the suggestions. . (151 47) C. Degree of Specificity. The degree of specificity required in an } EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR. 1. An EIR on a construction project will necessarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the construction can be predicted with greater accuracy. _ 2. An EIR on projects such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow. (:? .—. !a S) D. EIR as Part of General ral Plan. The requirements for an EIR on a local general plan, element or amendment thereof will be satisfied by the general plan or element document, and separate EIR will be required, if: 1. The general plan addresses all the points required to be in , an EIR by Section XI of these Guidelines and / 2. The document contains a special section or a cover sheet identifying where the general plan document addresses each of the points required. XII. CATEGORICAL EXEMPTIONS (15100) A. Categorical Exemptions. Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of the Environmental Quality Act of 1970. In response to that mandate, the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment . • and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. (15100.1) B. Relation to Ministerial Projects. Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Since ministerial projects are exempt under Section V (I) of these Guidelines, Categorical Exemptions should be applied only where a . project is not ministerial under a public agency's statutes and ordinances. The inclusion of activities which may be ministerial within the classes and examples contained in this article shall not be construed as a finding by the Secretary for Resources that such an activity is discretionary. (15100.2) C. Exceptions. .. • 1. Location. Class 3, 4, 5, 6 11 are qualified by consideration of where the project is to be located - r A a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive ` environment be significant. Therefore, these classes are considered to apply in all instances, except where • the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, 3' State or local agencies. ; 2. Cumulative impact. All exemptions for these classes are inapplicable when the cumulative impact of successive • . projects of the same type in the same place, over time is significant -- for example, annual additions to an existing building under Class 1. ai l • (15100.3) D. Revisions to List of Cate Exemptions. Any public agency may, at any time, request that a new class of Categorical Exemptions be added, or an existing one amended or deleted. This request rust be made in writing to the Office of Planning and 1 Research and shall contain detailed information to support the 1 request, The granting of such request shall be by amendment to these Guidelines. (1-'00.4) E. ALP by Public Aeencies. Each public agency shall, in the i course of establishing its on procedures, list those specific . • activities ,which fall within each of the exempt classes, subject I • to the qualification that these lists must be consistent with both the letter and the intent expressed in the classes. Public agencies' may omit from their implementing procedures classes and examples • that do not apply to their activities, but they may not require tl ' EIR's for projects described in the classes and examples in this ; article except under the provisions of Section XII (C). 4 ; ; s 4 - 26 - a (15101) F. Class 1: Existing Facilities. Class 1 consists of the operation repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topo- graphical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: 1. Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical - conveyances; 2. Existing facilities of both investor and publicly owned _ utilities used to provide electric power, natural gas, sewerage, or other public utility services; 0 3. Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; 4. Restoration, or rehabilitation of deteriorated or damaged • structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide or flood; • 5. Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or }! 2500 square feet, whichever is less; 6. Addition of safety or health protection devices for use during construction of or in conjunction with existing I structures, facilities or mechanical equipment, or features including navigational devices; 7. New copy on existing on and off - premise signs; 8. Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); 1 9. Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. • • • 10. Fish stocking by the California Department of Fish and Game. 11. Division of existing multiple family rental units into ,! condominiums. 12. Demolition and removal of buildings and related structures • except where they are of historical, archaeological or z architectural significance as officially designated by Federal, State or local governmental action. • kq } • • • t � • • f • ! yy ' 7 • • • I - 27 - • `15102) G. Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to:. . . . 1. Replacement or reconstruction of existing schools and r hospitals-to provide earthquake resistant structures which ..■r do not increase capacity more than 50 %. • i 2. Replacement of a commercial structure with a new structure of substantially the same size and purpose. (15103) H. Class 3: New Construction of Small Structures. Class 3 consists • of construction and location of single, new, small facilities or .. - structures and installation of small new equipment and facilities including but not limited to: . . 1. Single family residences not in conjunction with the building of two or more such units. 2. Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures. . 3. Stores, offices, and restaurants if designed for an occupant ', load of 20 persons or less, if not in conjunction with the building of two or more such structures. i 4. Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (appurtenant) structures including garages, carports, 1 5. Accessory (aPP ) � g g g � r P patios, swimming pools and fences. (151104) . I. Class 4: Minor Alterations to Land. Class 4 consists of minor . public or private alterations in the condition of land, water . and /or vegetation which do not involve removal of mature, scenic j trees except for forestry and agricultural purposes. Examples include but are not limited to: 1. Grading on land with a slope of less than 10 percent, t except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State . or local governmental action) scenic area; or in officially . Trapped areas of severe geologic hazard. 4' 2. New gardening or landscaping. j . i 3. Filling of earth into previously excavated land with material compatible with the natural features of the site. i .i I 4. Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat 41 for fish and wildlife resources or greater fish production. f • 5. Minor temporary uses of land having negligible or no • 4 permanent effects on the environment, including carnivals, s 1 sales of Christmas trees, etc. � . 6. Minor trench and backfilling where the surface is restored. i t I i Ii • t i ..28.. 1 • . t i '15105) J. Class•5: Alterations'in Land Use Limitations. Class 5 consists of minor alterations in land use limitations, except zoning, l . including but not limited to: , ,! i4 1 1. Minor lot line adjustments, side yard and set back f variances not resulting in. the creation of any new . parcel nor in any change in land use or. density; . !i 2. Issuance of minor . encroachment permits. i III '15- ) K. Class 6: Information Collection. • Class 6 consists of basic data . collection, research,. experimental management and resource evaluation -activities which do not result in a serious or major disturbance to .t an environmental resource. These may be for strictly information tl gathering purposes, or as part of a study leading to an action which i II il a public agency has not yet approved, adopted or funded. �l :15107 L. Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken.by regulatory agencies ,; as authorized by State law or local. ordinance to assure the i I maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of }1 the environment. Examples include but are not limited to wildlife i! preservation activities of the State Department of Fish and Game. i, Construction activities are not included in this exemption. 1 ;:1518) M. Class 8: Actions by Regulatory Agencies for Protection of the ii Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by State or local ordinance, to assure !! the maintenance, restoration, enhancement, or protection of the €± environment where the regulatory process involves procedures for ii . protection of the environment. Construction activities are not l i ......„ included in this exemption. II (15 ) N. Class 9: Inspections. Class 9 consists of activities limited r . entirely to inspection, to check for performance of an operation, • or quality, health or safety of a project, including related , I activities such as inspection for possible mislabeling, mis- representation or adulteration of products. I j (15110) 0. Class 10. Loans. Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act .I of 1943, mortgages for the purchase of existing structures where € the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples: . 1. Loans made by the Department of Veterans Affairs under the Veterans Farm and Hone Purchase Act of 1943. I ►i 2. Purchase of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. . . 015111) P. Class 11: Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) II . existing commercial, industrial, or institutional facilities, iI including but not limited to: 'I 'i 1. On- premise signs; J f 2. Small parking lots. 1 ; t • 29 j I e • Government Property 15112) • Q. Class 12. Surplus Govern Y Snles. Class 12 consists of sales of surplus government property except for parcels �f land located in an area of statewide interest er potential • area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to • Government Code Sections 65041. et seq. . • . "1511.x . ) R. Class 13. _ ? Acquisition of Lands for. Wildlife Conservation Purposes. s t Class 13 consists of the acquisition of lands for fish and wildlife •— conservation purposes, including preservation of fish and wildlife li , _ habitat, e stablishing ecological reserves under Fish and Game Code ! t ll d Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. • w i ` I (15114) S. Class 14, Minor Additions to Schools. Class 14 consists of�minor 4 }i additions to existing schools within existing school grounds where t the addition does not increase original-student-capacity by more j t 25% or five classrooms, whichever is less. The addition of } portable classrooms is included in this exemption. • . f: i. I . C • a a ' i • I • 1 i i I • j w . . • • i • • • j • } • I I • I I • 1 1 f F I f . s 0 • • 1 i . 6 • i • ., - (15166) XIII. RETENTION AND AVAILABILITY OF COMMENTS - Comments received through the consultation process shall be kept on file for a reasonable period and available for public inspection at an address given in the Final EIR. Comments which may be received independently of the review of the.Draft EIR shall also be considered and kept on file. (15180) XIV. EIR MONITOR - The Secretary for Resources will provide for publication of a bulletin entitled "California EIR Monitor" on a subscription basis to provide public notice of amendments to the Guidelines, the completion of draft EIR's and other matters as deemed appropriate: Inquiries and subscription requests should be sent to the following address: Secretary for Resources Attention: California EIR Monitor I416 Street, Room 1311 Sacramento, California 95814 .XV. DISCLAIMER - The Resources Agency has determined that there are no State - mandated local costs as a result of this regulation that require reimbursement pursuant to Section 2231 of the Revenue and Taxation Code because this regulation implements a statute which specifi- cally provides that there shall be no reimbursement pursuant to Section 2231. Section 4of Chapter 56 of the Statutes of 1974 provides: "Sec. 4. Notwithstanding Section 2231 of the Revenue and Taxation Code, there shall be-no reimbursement pursuant to this section nor shall there be any appropriation made by this act because the duties, obligations or responsibilities imposed on local government by this act are minor in nature and will not I, cause any financial burden to local government." t • • • • • • • - s { 11 • , R . • - 31 • • • • • r • • Appendix A • anotrooranNl Ioga•% Import Pfooddd . PLOW CUP? tultle Leinel evaluate' ►ropoertu= _! >Sty Le f poaatata determine If than is a positetltty that IM „�..tltnlfleaM ��_�—�`- lotlrtty arty rate a attntfteart afteet on taw *float L lnrtrorbent 1 ......."'-'---------.----------r"...---- . �4 ,,:: 1 Ico Lill required - 1 titterer tree paterntnatlon or twddlNd dldPtftednt offset Callfemu -s -` --' Rtpltuptlttl ar CWl tnwlronoontel - } Quoin,/ Quoin,/ L*tt 1 • . ----. - or.pro feet Pollan dean) deterwime If l.tlrltl to • - project . e • tro)dtt • Rantstertot praliet Nlllc crane) le lerrtMa It project' lnerltenc) prnjae Mtn istartat. Inerrancy or Dl.cretlonary. • • pl arnttone rl• • i • 6 • - t pate r•,lhae If 'Droj. C la ,...•..- •Cetatorlcally •.eapt 1 Ionic !rant) .• '� ratsRortcitl) ...rot. . t 1 • ore, ' t art Cet daertcul) Luept Will net hats • load agency undtrtsits Initial study to ill not .!feet 'Determination to Agthe Of deters.. If •Dro:ict • .tt1 not nave s • p than oget.ag where mom 13 �'�� {pare one agency It t _•.- ilanllicsnt •Itset on tha sn•1ror+enL. • .lnwel-dd... • Ray iced alaniticant tlfeet • • • Lead af•ney pfopa^ or-on..'lst to be wlih , prepared • ereft 11.. appropriate other etincles Laid agency prepares ne Rat Ito Docleratfo and faits It e•al tat l' t he • ludo put.' to p J rC t • daclatnn . • L464 agency f ilo" No of Cooplatton alto Seemlier/ end nlelrltutea fire!% 611 for camenta• Coneuitatlon olio persons /bancte• Seethe ] ...Ina special ',partite .stn 61 lar. tttl lore rithuN ,,lcst ton regard to and en.froru•ental • lwport pn•Ol•44. • • y pa Lea' 0gtnar prepa float 11a r l•C1t0R • reacttona 10 .11,(1.,,t N •1•w CC•wa01• rte. . COn•teer/tlon and atpro•il of final 1111 ►l lacl•ton•eae1K cozy . - y ',oriole,. on 'project" t • Stitt ttancyu Weal Avenel** - i I11d Mot are of tern rwtnht law - S *Oa Rollie •f Mc•relnation Path Count! Clore with Sae ratiry for t•sourCe• NOT'. Tnit flew chart 10 Intend.' to Mrely •Il *elrel4 t M Ili process 1 eonteepletaM1 by trot* Ovioo.tn.a. tha ltniu. ;le contstn•4 in tna OutN • 11.6 sortrols in case a! dtear.pan- It tell . • • • 1 i I t • • / • TM ulx. * - 00 N ; v 2 0 n n > oN > ;v o • (n • a — 0 u_ c n < „ ' = v o -1 —n m R ° 0 -. 4 v+ C r C o N N f a C — v , V, I > a o 0 o n Z D n >c e n. o x ' • w w D Z G7 X '30 N �o rnm . x w o o rn - ZD • ° • D Z � L OD a' n v O �` 3 x o, x -- Air Quality an air pollution control 0 • • „ ° , x N Chcmicol contamination and food products • • Coastal areas, setlands, estu0ries, (4 waterfowl refuges, and beaches i , Congestion in urban areas, housing and x x x building displacement X N Disease control • o Electric energy generation and supply v Environmental effects with special x x x x impoct in low- income neighborhoods > x x co Flood plains and watersheds rn • x •0 Food additives and food sanitation N Z 0 x o Herbicides t/t c t:n x � Historic and Archoeologic0l sites 03 r n ii , oil " 1 a Human ecology _ fl m - > "' r- x Microbiological contamination O ft1 ; Mineral land reclam0tion 11 rn r gN°turoeneration l g as an ene s ppl de velopment Z rn Z ""� +n _ ... I 1 x - o Navigoble airways xf to 1 0 m • v o Navigable waterways 0 rn x x co Noise control and abatement Z N --I --I t Parks, forests, trees and outdoor D D x .0.•-• recreotion areas r m -_ _ x o P _ o n i Radiation and radiological health rn U x x x x - x - 1 N Regional comprehensive planning z 73 ap a x r Rodent control _ Z N J 1 tet L.) i , Sanitation and woste systems # Shellfish sanitation 1 i x to Soil and plant life, sedimentation, erosion and hydrologic conditions • ._ x N , v Toxic m0terials t N Transportation and handling of ,,' c° hazardous materials Water quality and woter pollution control o Fish and wildlife t r w Activities with special impoct on regionol jurisdictions n Water protect formulation i I t", Ceotherm0l energy lopt generation and suppy Statewide land use patta Open Space policy [ . • 111 1 1 1 : w Statewide overview - cumulative impoct • © v of sesarotc pro • • I • 1 • • I . 1 I I / ( f 1 Tv o _ m f n (n N N v z - n n 1 n > r n v m r — . �C� - 1t o 0 0 0 0 ° O H 0 "O O v z D j Z - r1 73 r n • A O A x - C 7 7• H O 0 x C _ n z o - i'Z mm m Q v+ o A o A , . n - • — �' — r a J a- N (1 f • �- r n — a o M o a c 0 o m = m i 0 v..-4 z z 1 -t C O-, a N ,) Q j < A D — D _ -� ..mot ; a a, --t (n r n a_ a Q A A A N 0 J _ a r --t z t. o 0 < . A Q7 co m z • 0 °_ m z c a ° ° 0 n N . . .._ , i ::. . I c^ s x x x x Air q uality and air pollution control 1 . a � x x A x N Chemical contamination and food products . • 1 • ° w w Coastal areas, wetlands, estuaries, N g x x x x x x x es, and beaches_ A . J water refuges, : . ..... N A Congestion in urban areas, housing f r: .0 a' y and building displacement o a x n i --• x tn Disease control 7 x o to • tt....) A - 3 A i It II A . n. x x x x x w I:. x x °' Electric energy generation 0nd supply < U e. 1 'O Environmental effects with special < impact in low- income neighborhoods {{ , F o ° 03 Floo plains and wate rsheds I I 3 ;A • x N x x x x ; o A I -, x .o Food additives and food sonitotion i ., t 3 x x x x o Herbicides 3 A A _1 v+ 0 t F( vi � uaIII i � Historic cnd Archaeological sites o c - :1 ' .. I IRI I I r ., 1111 x � H uman ecology 1 _ . O 1 � _- x A ( • Microbiological contamination • •/j I : o x Q j ( „ r n x x x x A Mineral land reclamation o — ' Natural gas energy development --- 2 ME ° A t" x , N generation and supply o A < aii x • Novigable airways A to 3 X x Novigoble waterways o •- o • 0 IIII x Noise c..ntrol and obotcr�cnt V 't1 o Parks, forests, trees and outdoor a et x x x x x .o of A A recreotion areas -. 7 t1 0 X x X ri x N o Pesticides _ . - in. X x "— Rodiotion cnd radiologicol health a• � r ; - 0 o x x x x x x x x A 1 N Regional comprehensive plor.n ^ng a e x x ► x W R o d ent control vi H 0 : r x x x s: x A Sanitation and waste systems _ t co -.., 1 ! .. x x x t Shcllfi.sh sanitation --- — _. N Soil and plant life, sedimentation, . x x x x x x x . ' erosion and hyd■ologic conditions ► x x K .r>, x Toxic materials• • i x N Transportation and handling of x x °" hazardous materiels x x x - x Water quality and woter pollution control • x _: wo Fish and wildlife ►,i x A IQ "� (,, Activities with special impact on x o x A w * re jurisdictions t x x ►.i x x x of *.) N Voter project formulation O to A A x x �= ►� w Geothermal energy _, _ — _ w Oil and petroleum development, t J r X x A generation and supply x x X X v Sta tewide (and use patterns • x * x x a Open Space policy I - w Statewide overview — cumulative impact # 7" i � , T i 1 o separate n r orccts 9134 . . r .. a • • • ,, 1 . . • • I I . - FOOTNO`rES i No. 1. Ai;ricu1tuYe - (1) Air quality and air pollution control • Effects on plants and animals - , 2, tz riclture - (12) Human Ecology • Protection of food gnd fibre I 3. Agriculture - (24) Sanitation and waste systems Agricultural, dairy and feed lot systems . ation and handling of hazardous rr:.terials . I I 4. E�ricul.t� (28) Transport W storage ! '. As pertains to transportation, handling, a and decontiamination 3 S of pesticides, . ,! • 5. LEipulture - (30) Fish and wildlife • . Pesticide effects, predatory animal control,bird control . 6. CRP - (1) Air quality and air pollution control i - t Enforcement of rotor vehicle regui.ationa 7. Public }'e &lth - (3) Coastal areas, wetlands, etc. Beach sanitation, water pollution, solid waste and mosquito control t 8. Public Health - (4) Congestion in urban areas, housing and building I displacement Peetaains to health component 1 t 9. Public health - (7) Environneiltal effects with special impact in law-income neighborhoods Host of these are strongly related to health • . 10. Public Pie a, th - . (16) t;av igab le airways • Pertains to noise 1 11. Public c (22) Regional comprehensive planning Pertains to personal and environmental health components I 12, Public Wealth - (30) Wildlife i As it may pertain to human health hazards. • 1 ' I t 1 4 I k 1 1 • • . - I . • • Wo. —13. Public Health - (31) Activities with special impact on regional jurisdictions ns to comprehensive ive health planning . - Pertains P .... Colorado River Board - (2), (3), (5), ( (8), (10), (13), (17), ( 14. Colo (21), ( 22 (24), (26) , (27) , (29) , ( , ( , (32) and (33) . ) � C As .pertains to the Colorado, New and Alamo Rivera . . end Game - (15) Natural gas energy development, generation and supply 15. Fish .. ( . and distribution systems ray affect fish and wildlife As field development , 16. Fish And Game - (16) Navigable airways . As may affect migrating and resident wildlife . 17. Fi and Game - (18) Noise control and abatement As excessive noise may affect wildlife ' 18. Fish and Game - (24) Sanitation and waste systems • As water quality may affect fish and wildlife . . • 19. Parks and Recreation - (7) Environmental effects with special impact in low- income neighborhoods In impacted areas only - . 20. F•eclamztion F3oard - (8), (17) and (32) In areas of Board's jurisdiction only . 21. te M ater Re source s Control Board - (4), (30), (33) and (34) - • pertain to water quality' . A., may p . .22. Conservation - (5), (10), (20) and (23) With respect to forest land . 23. Conservation - (6) and (32) --- _ As related to fire protection or State (fire protection) responsibility land 24. Air Resources Board - ( , ( , ( , (33) and (36) As may pertain to residential, commercial, industrial or transportation - . growth . APPENDIX 3 • ; t Los Angeles County Clerk t 1 t P. 0. Box 151 I , Corporation Division, Room 106 Los Angeles, California 90053 . 1 1 NEGATIVE uECLARATION • (to be filed twe1lty days prior -to public action) 4 The following described project (activity) is dztermined to have no f ni f i can.t effect on the environment, as required by th, Environmental i1 i ty Act of 1970. • .PROJECT: - - - - • • PROJECT ADDRESS: LEAD AGENCY Downey City Planning Corriimi.ssi on CONTACT PERSON: William A. Goggin, Director of Planning TELEPHONE OF CONTACT PERSON: (213) 861 -0361, Ext. 225 . DESCRIPTION OF PROJECT: • i :EJECT LOCATION CITY: Downey, California 90241 TI�YME PERIOD BEFORE ACTION: Twenty Days ADDRESS WHERE PROJECT INFORMATION IS AVAILABLE: Downey City Planning Department 8425 E. Second Street Downey, California 90241 1 I' • ti 1 ff , 1 • • • • O I APPENDIX v State of California The Resources Agency SECRETARY FOR RESOURCES • 1416 plinth Street, Room 1311 • • Sacramento, California 95814 , NOTICE OF COMPLETION • (to be filed cn completion of Draft EIR) DIVISION Downey AGENCY Downey City Planning Commission . PROJECT TITLE - T Y COUNTY ZIP ADDRESS: GIT Downey Los Angeles - 90241 CONTACT PERSON AREA CODE PHONE EXT. William A. Goggin, . � 213 861-0361 224 Director of Planning i DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES PROJECT Dt c L_______ c 1 II t t PROJECT LOCATION CITY PROJECT LOCATION COUNTY 3 Downey Los Angel TIME PERIOD PROVIDED FOR REVIEW Thirty Days . ADDRESS WHERE COPY OF DRAFT EIR IS AVAILABLE . Downey City Planning Department 8425 E. Second Street D California 90241 i S �1 Los Angeles County Clerk P. 0. Box 151 Corporation Division, Room 106 Los Angeles, California 90053 NOTICE OF DETERMINATION . • (to be filed after public decision on project) PROjE(T TITLE : =1 1 i0.1f CT ADDRESS: • . j PLUMY P ❑ Downey City Planning Commission - } ❑ Downey City Council CONTACT PERSON: William A. Goggin, Director of Planning E EPHONE OF CONTACT PERSON: (213) 861 -0361, Ext. 224 TELEPHONE R DESCRIPTION OF PROJECT: . s t D E C I S I O N OF THE LEAD AGENCY TO 1 APPRO OR DISAPPROVE THE PROJECT: . Approved ❑ Disapproved ❑ Withdrawn or tab,ed 1 GENO GE ERMINAIION OF THE PROJECT'S SIGNIFICANT P; T HL V I RONt4EitT: Significant J Insigiificant 1 SIATEMENi OF COMPLIANCE ANCE WITH THE CALIFORNIA ENV I RONME N 1 AL QUAi.1.7 ACT OF 1970: [3 E IR prepared ared pursuant to the provisions of the CEO. P P a t i ve Declaration on filed pursuant to the provisions of t ,EQA. i ❑ N e 9 i ADDRESS NHERE PROJECT INFORMATION IS AVAILABLE: Downey City Planning Department . 8425 E. Second Street Downey, California 90241 t t • • • !ioticc of E,:empti A a G t TO. 0 Secretary for Pi ourccc FROM: 141G Ninth Street, Room 1311 Sacraaento, California 9814 0 County Clerk . . . . . 'County of . __________ • • . -- tProject Title • ' Project Location -- Specific - • Project location - City • . Project Location - County • Description of Nature, Purpose, and Beneficiaries of Project ' Name of Public lency ApprovinE, Project • • . . • ��I ?s:e of Person or Azency Carrying 1 Out Project . . . . E5tempt Status: Check One) j;inisterial. (Sec. 15073) - 1 — l)clarcd .ergency (Sec. 15071 (a) ) 1 . DaerCency Project (Sec. 15071 (b) and. (c) ) _ CateEorical Exemption. State type and section nwlber: ..... Reasons why project is exempt: . i . . ! • 4 . e Contact Person Area Code Telephone Extension . . xi' flied by applicant: . • 3. Attach certified docu: ;;ent of exemption finding. f, • 2. Ras a notice of exemption been filed by the public aE,ency approving H • the project? Yco No • Date Received for Filing . Signature - . Title • . . .. • • • i } Appendix Energy Conservation • The California Environmental Quality Act was amended, effective January 7, 1975, to require that the discussion of mitigation measures in an EIR include a discussion of measures to reduce the inefficient and unnecessary consumption '-- of energy. The following discussion is offered as assistance in meeting this. requirement. • Energy conservation is the wise use of energy resources. The wisdom of a } certain kind of energy use will vary according to the circumstances. In late a leading consideration in energy use is the reduction in dependence priced P upon high h riced im orted petroleum. Other considerations are the reduction in pollution from energy use and finding ways to make resources in short supply last longer and be used for the most essential purposes. Energy conservation measures, including both the available alternatives and those incorporated into the design and operation of a proposed project need to be discussed. in EIR's. There are many ways in which a project may be designed or operated to make more efficient and wise use of energy. The following list =! of conservation measures provides examples that may be used in EIR's where relevant. The list is not exhaustive, and it is not necessary to discuss each example in every EIR. • - (1) Insulation and other protection from heat loss or heat gain to conserve fuel used to heat or cool buildings and mobile homes. 2 Use of resource conserving forms of energy such as solar energy for ( water and space heating, wind for operating pumps, falling water �-- for generating electricity and heat pumps. Energy (3) E ner efficient building design including such features as orientation of structures to summer and winter sunlight to absorb winter solar heat and reflect or avoid summer solar heat. • !+ Measure s energy reduce ener consumption in transportation such as t Y (a) Providing access to alternative means of transportation for people such as bus lines, mss transit, bicycle lanes, pedestrian facilities and car pooling. (b) Use of small cars rather than large cars where possible. • (c) Use of alternative means of shipping which allows for energy savings. (5) Efficient lighting practices including use of indirect natural light, use of efficient lighting fixtures and /or sources, establishment of reasonable lighting criteria to prevent over illumination and minimum use of architectural or display lighting. • (6) Energy conserving construction practices. (7) Use se of energy conservation devices such as flywheels. (8) Rate structures which discourage unnecessary energy consumption. (9) Use of human or animal power where such use is feasible. • (1O1 Waste heat recovery. Cl'f, Recycling and use of recycled materials. •