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HomeMy WebLinkAboutCC RES 2010-26RESOLUTION NO. 2010-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.). WHEREAS, the California Legislature has amended the California Environmental Quality Act ("CEQA") (Pub. Resources Code §§ 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the City of Palm Desert ('City") must revise its local guidelines for implementing CEQA to make them consistent with the current provision and interpretations of CEQA; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The City adopts "Local Guidelines for Implementing the California Environmental Quality Act (2010 revision)," a copy of which is on file at the offices of the City Clerk and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of May , 2010, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE C1NDY FI : RTY, Mayor ATTEST: RAEL ELEL D. IESSEIU, City Cie City of Palm Desert, California I DJ �kz BEST BEST & KRIEGER` I . . ATTORNEYS AT LAW www.BBKlaw.com • 414111, INDIAN WELLS (760) 568-2611 IRVINE (949)263-2600 CEQA GUIDELINES LOSANGELES (213)617-8100 ONTARIO (909)989-8584 RIVERSIDE 2010 (951)686-1450 SACRAMENTO (916) 325-4000 SAN DIEGO (619)525-1300 WALNUT CREEK Prepared for: (925)977-3300 City of Palm Desert Local Guidelines for Implementing the California Environmental Quality Act ©2010 Best Best&Krieger LLP Memorandum To: Project 5 Clients FROM: Best Best & Krieger LLP DATE: March 3, 2010 RE: 2010 Summary of Changes to Local CEQA Guidelines Important changes in the law have been incorporated into the 2010 Update to your Local Guidelines for Implementing the California Environmental Quality Act("Local Guidelines"). For easy reproduction and access to these Local Guidelines, as well as the California Environmental Quality Act("CEQA") forms your entity will need, and any other important legal alerts,please access the CEQA client portal at.www.bbklaw.net/CEOA. For technical support please contact Gar House at Gar.House a,bbklaw.com. Public agencies are required to adopt implementing procedures for administering their responsibilities under CEQA. These procedures include provisions on how the agency will process environmental documents and provide for adequate comment, time periods for review, and lists of permits that are ministerial actions and projects that are considered categorically exempt. Agency procedures should be updated within 120 days after the State CEQA Guidelines are revised. The most recent amendments to the State CEQA Guidelines will become effective on March 18, 2010, which means that your agency should adopt the revised Local CEQA Guidelines on or before July 16, 2010. This memorandum summarizes numerous amendments to your Local Guidelines that were made in response to legislation and legal cases that changed or impacted certain aspects of CEQA between January 2009 and January 2010. Your Local Guidelines and this memorandum are designed to assist in assessing the environmental implications of a project prior to its approval, as mandated by CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial or unusual projects or activities. 2010 Revisions to Local CEQA Guidelines Section 1.09. A new section entitled"State Agency Furloughs"was added in response to Executive Order S-13-09. This section addresses furlough days of the courts (every third Wednesday of the month) and state office work days (three days per month) imposed by the governor to address budget concerns. These furloughs are scheduled to last until June 30, 2010. This section cautions public agencies to check with state agencies and their attorney to ensure compliance with deadlines impacted by state agency furloughs. Section 2.08. This section was amended to reflect Section 15096, subdivision(i) of the State CEQA Guidelines and to add clarity to the language of this section. The amendment indicates that Responsible Agencies should independently review and consider the adequacy of the Lead Agency's review prior to approval, and that additional review may be required for certain aspects - 1 - Appendix F, offsite measures, sequestration, and the development of a plan for reducing local emissions. Part D discusses the streamlined analysis of greenhouse gas emissions, as reflected in the newly added State CEQA Guidelines section 15183.5. This section highlights the exemption of certain transit priority projects and mixed use projects from greenhouse gas analysis, as provided by the adoption of SB 375, codified in Public Resources Code sections 21155, 21155.2, and 21159.28. This part, however, cautions that even if the exemption is applicable to the project, the Lead Agency may still need to consider whether the project will result in greenhouse gas emissions from other sources. Part E indicates that the analysis of greenhouse gas emission impacts can be performed at a programmatic level, with later project-specific environmental documents "tiered" from that analysis, or through incorporating the programmatic review by reference into the later project- specific documents. This part reflects the new addition of State CEQA Guidelines section 15183.5, subdivision (a). Part F describes how a public agency may develop a plan for the reduction of greenhouse gases that can be used for analyzing and mitigating greenhouse gas emissions, as described in the newly added State CEQA Guidelines section 15183.5, subdivision (b). The plan should quantify emissions within a defined area, establish a level where emissions are not cumulatively considerable, identify and analyze emissions from activities or categories within the geographic area, identify measures that will reduce levels in order to achieve emission targets, monitor progress and make changes as necessary in the future, and be adopted through a public process following environmental review. Once adopted, the plan can be used in the cumulative impacts analysis of later projects if the mitigation measures are identified and are binding and enforceable. However, if there is still substantial evidence that a particular project will have a cumulatively considerable impact, despite compliance with the plan, an EIR must be prepared. Section 5.19. A new section entitled"Energy Conservation"was added in response to revisions to State CEQA Guidelines Appendix F, which indicates that potentially significant energy implications in a project must be considered in an EIR, to the extent they are relevant and applicable. This section indicates that the project description should include applicable or relevant energy consuming equipment, energy requirements by fuel type and end use, energy conservation equipment and design features, energy supplies that would serve the project, and the estimated daily vehicle trips and energy consumed by those vehicle trips. The environmental setting may include the local and regional energy supply and use patterns. The public agency may consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental impacts may include energy requirements and energy use efficiencies, the effect on energy supplies, the effect on peak and base period demands, compliance with existing energy standards, the effects on energy resources, transportation energy use, and the use of efficient transportation alternatives. This section indicates that unavoidable adverse effects include wasteful, inefficient and unnecessary consumption of energy that cannot be feasibly mitigated, and the irreversible - 3 - amendments to Section 5.19 of the Local Guidelines and also reflected in Appendix F of the State CEQA Guidelines. Subsection(j) adds clarification to the analysis of growth-inducing impacts, such that it may include an estimate of the energy consumption of growth that is induced by the project. Section 7.15. A new section entitled"Consideration and Discussion of Significant Environmental Impacts"was added to reflect State CEQA Guidelines section 15126.2, as well as the new amendments that were made within that section of the State CEQA Guidelines. This section indicates that an EIR must identify and focus on significant environmental effects of the project by comparing changes that would result from the project to the physical conditions that exist at the time of the Notice of Preparation. However, if no Notice of Preparation is prepared, then conditions at the time that the environmental review is commenced should be used. Direct and indirect effects and short and long-term effects should be analyzed to include the following: relevant specifics of the area, the resources involved, physical changes, altered ecology, changes in population distribution, population concentrations, land use, associated health and safety problems, impacts from growth inducement, and other aspects that impact resources including water, historical resources, scenic quality, and public services. This section also indicates that an EIR should address environmental effects of bringing people into an area, and reflects amendments in State CEQA Guidelines section 15126.2 related to analyzing the impacts from locating developments within areas susceptible to hazardous conditions, such as floodplains, coastlines, and wildfire risk areas, as identified on authoritative hazard maps, risk assessments, or land use plans addressing such hazards. This section indicates that all significant impacts must be described, including those that cannot be mitigated to a level of less than significant. The implications of unavoidable impacts should be described, as well as the reasons why the project is being proposed, despite their effect. Significant irreversible environmental changes must be discussed, including the use of nonrenewable resources, which may include how the project preempts future energy development or conservation. Evaluation should assure that consumption of resources is. justified. Section 7.16. This section, relating to cumulative impacts analysis, was partly amended in response to California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026, to indicate that when the public agency is relying on a fee program or mitigation measure, the public agency needs to identify the facts and analysis supporting its conclusion that the cumulative impact is less than significant. This section was also amended to reflect revisions to State CEQA Guidelines section 15064, subdivision (h), allowing the determination that a project's incremental contributions are not cumulatively considerable if the project complies with a previously approved plan or program providing requirements that will avoid or substantially lessen the cumulative problem in the project's geographic area. Such plans and programs include water quality control plans, air quality attainment or maintenance plans, integrated waste management plans, habitat - 5 - ordinances adopted approving the project; (4) findings and any statement of overriding considerations; (5) the Final EIR, including the Draft EIR or a revision of the draft, matters included in the Final EIR, and other types of environmental documents prepared under CEQA; (6) the initial study; (7) staff reports in chronological order; (8) transcripts and minutes of hearings in chronological order; and (9) all other documents appropriate for inclusion in the administrative record in chronological order. Oversized documents should be presented in a manner that allows them to be easily unfolded and viewed. This section additionally notes that a court has discretion to allow the documents to be organized in a different manner. Section 10.24. This section was added in response to State CEQA Guidelines section 15364.5, which added the definition of"Greenhouse Gas." The definition includes, but is not solely limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Section 10.67. This section was amended in response to a minor technical edit in State CEQA Guidelines section 15086, subdivision (a)(6), which changed "State Air Resources Board" to "California Air Resources Board." Other Changes. Several other minor grammatical and/or formatting changes were made to the Local Guidelines to facilitate the reading and use of the Local Guidelines. Form H. The form for the Notice of Completion was amended to add greenhouse gases to the list of potential impacts. Form J. The form for the Initial Study Checklist was revised to comply with revisions to the State CEQA Guidelines, as discussed above, and to add new questions addressing greenhouse gases. Form L. The Request for Fee Exemption form was amended to adhere to the sample letter from the California Department of Fish and Game, published September 2009. Conclusion As always, CEQA remains complicated and difficult to apply. The only constant in this area of law is how quickly the rules change. Should you have any questions about any of the provisions discussed above, or about the environmental review of any of your agency's projects, please contact a BB&K attorney for assistance. BEST BEST & KRIEGER LLP - 7 - Local Guidelines for Implementin Staff Summary of the California Environmental Quality...,.,2010) CEQA Evaluation Process STAFF SUMMARY OF THE CEQA EVALUATION PROCESS This Summary highlights certain key provisions in the Local Guidelines. Please refer to the Local Guidelines and State Guidelines for a complete description of CEQA's requirements. ACTION GUIDELINES SECTION REFERENCE (1) Staff must determine whether the agency is a Lead or 2.01, 2.02, 2.05 a Responsible Agency for the proposed activity. If the agency is a Lead Agency, proceed to Step 2. If the agency is a Responsible Agency, proceed to Step 8. (2) As a Lead Agency, Staff determines whether the 3.01, 10.53 proposed activity is a project subject to CEQA. Activities that do not constitute projects under CEQA include: (a) Proposals for legislation to be enacted by the 3.01 State Legislature. (b) Continuing administrative or maintenance 3.01 activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making(except as provided in Guidelines Section 10.53). (c) The submittal of proposals to a vote of the 3.01; 3.14 people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code Section 9214; (d) The creation of government funding 3.01 mechanisms (such as assessment districts and community facilities districts) or other government fiscal activities that do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. (e) Organizational or administrative activities of 3.01 governments that will not result in direct or indirect physical changes in the environment. -vii- ©2010 Best Best&Krieger LLP Local Guidelines for Implementii Staff Summary of the California Environmental Quality (2010) CEQA Evaluation Process (a) Responsible and Trustee Agencies, project 5.02 applicants, and other interested persons or parties may be consulted in the preparation of the Initial Study. Under certain circumstances, or if the Lead Agency desires, it should hold a scoping meeting. (b) For certain large development projects, the See 5.15 for the criteria agency that will supply water to the project triggering this must provide information about the project's requirement. water supply impacts. The water supply agency prepares a water supply assessment, which must be attached to the CEQA document and should be considered in the analysis of the project's water supply impacts. (c) Staff causes an Initial Study to be prepared. 5.01, 5.05, 5.06, 5.07 If desired and authorized to do so, Staff may enter into a contract with a consultant to prepare the Initial Study and related environmental documents. The environmental checklist form (Form "J") should be used as a starting point, and additional topics that are relevant to the particular project, if any, should be added. A brief explanation should be included to support each category marked on the checklist. If the Lead Agency lacks sufficient information to answer some of the questions in the checklist, Staff can require the project applicant or proponent to provide studies or data. Alternatively, Staff can require the project applicant or proponent to fund studies to be performed by consultants under contract with the Lead Agency. (d) Based on the results of the Initial Study, Staff 5.08, 5.20 may choose to prepare an Environmental Impact Assessment (Form "C") for internal use only. (e) Relying on the Initial Study and the 5.20 Environmental Impact Assessment (if one was prepared), Staff determines what type of environmental document will be prepared for the project. -ix- ©2010 Best Best&Krieger LLP Local Guidelines for Implementin Staff Summary of the California Environmental Quality ‘2010) CEQA Evaluation Process • • (b) Staff determines the appropriate period of 6.04, 6.08 review. For a Negative Declaration that must undergo review through the State Clearinghouse, the public review period must be at least as long as the thirty(30) day State Clearinghouse review period. For all other projects, the public review period must be at least twenty(20)days. State Clearinghouse review is required when a state agency is a Responsible or Trustee Agency for the project, a state agency has jurisdiction by law over resources that could be affected by the project, or the project is one of statewide, regional or areawide significance. (c) The public must be given notice of the Lead 6.04 Agency's intent to adopt a Negative Declaration. The Lead Agency should follow the Notice requirements set forth in Section 6.04 of the Local Guidelines. (d) At the time noticed for the meeting on the 6.01, 6.02, 6.04, 6.07, Negative Declaration, the Lead Agency 6.13 considers the matter. Nothing in CEQA requires the Lead Agency to conduct a public •- hearing on the matter, but the laws applicable to the underlying project may mandate a hearing. If the Lead Agency conducts a public hearing on the project, it must accept comments properly received and/or made on the environmental document as part of the hearing. The body that will make the decision on the project must consider any comments properly. received from the public or any comments properly received from Responsible Agencies or Trustee Agencies that pertain to resources under their authority. The decisionmaking body must consider the whole record before it and determine whether, in light of the substantial evidence in that record, the project might have a significant effect on the environment. -xi- ©2010 Best Best&Krieger LLP Local Guidelines for Implementin Staff Summary of the California Environmental Quality n�,‘2010) CEQA Evaluation Process • MOTION: 6.15, 6.17 Move for approval of the project, and direct Staff to file and post a Notice of Determination in accordance with the Lead Agency's Guidelines. NOTE: • This action can be combined with the previous motion into one Resolution, but the Lead Agency must make its CEQA findings before it takes any action on the project. (f) Within five (5) days after approval of the 6.17, 6.21 DFG Filing project, Staff prepares and files a Notice of Fee Guideline Determination(Form "F"). The Lead Agency should follow the Notice and DFG filing fee requirements set forth in Sections 6.16 and 6.20 of the Local Guidelines. (7) If the project may have a significant impact on the 7.01 (8.04, 8.05, 8.06) environment, generally an EIR must be prepared. (See Local Guidelines Sections 8.04, 8.05, 8.06 for a discussion of when a supplemental or subsequent EIR, or an addendum to an EIR, may be utilized.) (a) If the Lead Agency desires, it may enter into a 7.02, 7.11 contract with a consultant to prepare the • environmental documents. For private projects, the Lead Agency may also enter into a reimbursement agreement that requires the project applicant to pay the Lead Agency for all of its consultant and legal costs associated with review, drafting and processing of the environmental documents. Also, for private projects, if an EIR will be prepared by a private consultant under contract with the Lead Agency, the contract must be executed within forty-five(45) days after the date the Lead Agency sends the Notice of Preparation, unless an extension is mutually agreed upon by the Lead Agency and project applicant. -xiii- ©2010 Best Best&Krieger LLP Local Guidelines for Implementin Staff Summary of the California Environmental Quality r+cL k2010) CEQA Evaluation Process (e) The Lead Agency must hold the scoping 7.06 meeting as soon as possible but not later than 30 days after a meeting is requested. (f) For certain large development projects, cities See 5.15 for the criteria and counties must consult with water triggering this agencies. At the city or county's request, the requirement water supply agency must prepare a water supply assessment, which must be attached to the CEQA document and must be considered in the analysis of the project's water supply impacts. (g) Preparation of the Draft EIR may begin 7.03, 7.05, 7.10 before the thirty(30) day deadline for submitting responses to the Notice of Preparation. However, the Draft EIR cannot be released for public review and circulation until the deadline has passed and the Lead Agency has considered the comments received(if any) on the Notice of Preparation. (h) Upon completion of the Draft EIR, Staff shall 7.20 file a Notice of Completion(Form "H")with the Office of Planning and Research. The Notice of Completion form serves to give state agencies notice that the Draft EIR is being circulated for public review and comment. The Lead Agency should follow the Notice of Completion requirements set forth in Section 7.19 of the Local Guidelines. (i) The Lead Agency must also give the public 7.20 and local agencies notice that the Draft EIR is available for review and comment. To accomplish this, a Notice of Availability of Draft EIR(Form"K") is prepared. The Lead Agency should follow the Notice of Availability requirements set forth in Section 7.19 of the Local Guidelines. NOTE: Laws applicable to the type of project being considered, such as the amendment to a CUP, may impose more stringent notice requirements. Be sure that all applicable notice requirements are met, even if they are not required by CEQA. -xv- ©2010 Best Best&Krieger LLP Local Guidelines for Implementit Staff Summary of the California Environmental Quality C2010) CEQA Evaluation Process (q) Staff prepares a report on the EIR, the CEQA 7.28, 7.29 process, and the project. The report should detail the steps the Lead Agency has taken to comply with CEQA, the comments it has received, and how those comments have been addressed. The report should also include Staffs recommendations to the decisionmaking body regarding whether the Final EIR has been completed in compliance with CEQA, the State Guidelines, and the Lead Agency's Local Guidelines, and whether the EIR should be certified. A draft Resolution containing the Lead Agency's CEQA findings should also be prepared and reviewed by the Lead Agency's Attorney. (r) Staff puts the item on the agenda for the 7.24 decisionmaking body to consider at an open meeting. The meeting should be scheduled far enough in advance for Staff, the consultants, and the Lead Agency's Attorney to coordinate and complete the Final EIR process and the necessary reports and documents identified above in sufficient time for those materials to be included in the agenda packet distributed to the decisionmaking body before the meeting. (s) At the meeting when the decisionmaking 7.24 body considers the project, Staff presents its report. The Lead Agency's environmental consultants may also make a presentation on the documents and/or the CEQA process for the project. -xvii- 0 2010 Best Best&Krieger LLP Local Guidelines for Lnplementin Staff Summary of the California Environmental Quality ‘2010) CEQA Evaluation Process (v) The decisionmaking body must also make 7.30, 7.31, 7.32, 7.33 findings as to what the project's significant • environmental impacts will be, whether the impacts identified as potentially significant can be mitigated below a level of significance, why alternatives which could reduce environmental impacts were rejected, and where the administrative record can be reviewed. If the project will have significant unavoidable environmental impacts, the Lead Agency must also adopt a Statement of Overriding Considerations. If the project includes mitigation measures, the Lead Agency must also adopt a mitigation monitoring and reporting program. These findings should be included in the Resolution supporting the Lead Agency's action on the EIR. MOTION: Move that the Lead Agency certify the Final EIR, adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and makes findings as set forth in Resolution No. (w) Once the decisionmaking body has made its 7.29, 7.34 findings on the EIR, it can consider the approval of the project. If the project is approved, the decisionmaking body directs that a Notice of Determination(Form "F")be prepared and filed. MOTION: Move approval of the project and direct the preparation and filing of a Notice of Determination. (x) Staff prepares a Notice of Determination 7.35, 7.36, 7.37 (Form "F"). The Lead Agency should follow the Notice of Determination and DFG filing fee requirements set forth in Sections 7.34, 7.36, and 7.37 of the Local Guidelines. (8) When the agency is acting as a Responsible Agency, the agency's role in the environmental review process is more limited. -xix- ©2010 Best Best&Krieger LLP Local Guidelines for Implementin Staff Summary of the California Environmental Quality k2010) CEQA Evaluation Process (c) Staff should review any Draft EIR or 2.07, 6.07, 7.20, 7.25 Negative Declaration prepared by the Lead Agency. When warranted, Staff should comment on those documents, either formally or informally. Official comments must be limited to those portions of the project which are within the Responsible Agency's area of expertise or powers or which will be carried out or approved by the Responsible Agency. For example, for resources or portions of the project within the Responsible Agency's jurisdiction, the Responsible Agency may identify proposed mitigation measures to address potentially significant environmental effects. (d) After the Lead Agency has adopted the 2.08 Negative Declaration or certified the EIR,the Responsible Agency must consider the environmental documents adopted or certified by the Lead Agency and reach its own conclusions about the CEQA documents and the project. (e) In most cases, the Responsible Agency is not 2.08 permitted to require additional CEQA documentation for purposes of its Responsible Agency process. The exceptions to this rule occur when: (1) The Lead Agency's Negative 2.09 Declaration or EIR for the project was not adequate, and the Responsible Agency filed a timely lawsuit to challenge the Lead Agency's CEQA document. (2) The Lead Agency prepared an 2.09 inadequate environmental document and failed to provide the Responsible Agency with the requisite notices, and the statute of limitations for challenging the Lead Agency's CEQA document has expired. • -xxi- ©2010 Best Best&Krieger LLP INDEX TO ENVIRONMENTAL FILING BY COUNTY Statewide Fish $2,010.25-Negative Declaration(ND)&Mitigated Negative Declaration(MND) and Game Fees* effective 1/1/09 $2,792.25-Environmental Impact Report(EIR) $949.50-Environmental Document pursuant to a Certified Regulatory Program(CRP) County County Administration Fee/ County Contact Phone Number Address Special Requirements Alameda $50 Clerk Handling Fee County Clerk-Recorder 888/280-7708 Alameda County Clerk-Recorder Requires 5 copies of all filings; 1106 Madison Street q p g Any general business Office Hours: Oakland,CA 94607 original signature page(no PDF) member may assist in the M-F 8:30 a.m.-4:30 p.m. information office. Web: www.acgov.org (can access Clerk-Recorder's Office thru Web) Alpine $50 Clerk Handling Fee County Clerk 530/694-2281 Alpine County Clerk Original Doc& 15-20 copies (Brian Peters Fax 530/694-2491 P.O. Box 158 530/694-2140 Markleeville,CA 96120 ext#425) E-mail: coclerkgalpinecountyca.gov Amador $50 Clerk Handling Fee Agency Planner 209/223-6380 Amador County Planning Department Office Hours: 810 Court Street M-F 8 a.m.-3 p.m Jackson,CA 95642 E-Mail: planning(r.co.amador.ca.us Butte $50 Clerk Handling Fee County Clerk-Recorder 530/538-7691 Butte County Clerk-Recorder Original&3 copies 25 County Center Drive, Ste. 105 g P Fax: 530/538-7975 Oroville,CA 95965-3375 Office Hours: 9:00 a.m.-5:00 p.m. E-Mail: clerkabuttecounty.net xxiii ©2010 Best Best&Krieger LLP INDEX TO ENVIRONMENTAL FILING BY COUNTY Statewide Fish $2,010.25-Negative Declaration(ND)&Mitigated Negative Declaration(MND) and Game Fees* effective 1/1/09 $2,792.25-Environmental Impact Report(EIR) $949.50-Environmental Document pursuant to a Certified Regulatory Program(CRP) County County Administration Fee/ County Contact Phone Number Address Special Requirements Del Norte $50 Clerk Processing Fee County Clerk-Recorder 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Fee County Clerk 619/531-6059 San Diego Assessor/Recorder/Clerk Original Signatures Required for (Attn: Linda Kesian) Attention: Wendy Chevalier Filing P.O.Box 121750 San Diego,CA 92112-4147 [For Fedex or courier send to:] County Administration Center • 1600 Pacific Hwy.,Room 260 San Diego,CA 92119 xxix ©2010 Best Best&Krieger LLP INDEX TO ENVIRONMENTAL FILING BY COUNTY Statewide Fish $2,010.25-Negative Declaration(ND)&Mitigated Negative Declaration(MND) and Game Fees* effective 1/1/09 $2,792.25-Environmental Impact Report(EIR) $949.50-Environmental Document pursuant to a Certified Regulatory Program(CRP) County County Administration Fee/ County Contact Phone Number Address Special Requirements Santa Clara $50 Fee County Planner 408/299-2481 Santa Clara County Clerk Recorder Original Signatures Required for Office Filing&2 copies(include cover 70 W Harding Street, sheet) 15`Floor,East Wing San Jose,CA 68110 Siskiyou $50 Fee County Clerk 530/842-8084 County Clerk—Registrar of Voters Original Signatures Required for (Ask for Debbie Martin) County of Siskiyou Filing 510 N.Main Street Yreka,CA 96097 Tehama $50.00 all situations County Clerk 530/527-3350 Tehama County Clerk's Office Original Signatures Required for (Attn: Tina Robinson) P.O.Box 250 Filing& 1 copy [Fedex or courier services send to: ] 633 Washington Street,Room 11 Red Bluff,CA 96080 Ventura $50.00 all situations County Clerk 805/654-2263 Ventura County Clerk's Office Original Signatures Required for 800 South Victoria Avenue Filing&4 copies Ventura,CA 93009-1920 Yuba $50.00. No fee if County project. County Clerk 530/749-7851 Yuba County Clerk's Office Original Signatures Required for 915—8th Street,#107 Filing&2 copies Marysville,CA 95901 *The DFG fee is the same in every county and is due at the time the Notice of Determination(NOD)is filed for a project. If the DFG fee is not paid,the project will not be operative,vested or final and any local permits issued for the project will be invalid. Note that only one DFG fee is required per project, even if more than one NOD is filed. For example,because lead agencies typically file a NOD before responsible agencies approve the same project,responsible agencies will not need to pay the DFG fee and will generally only have to pay the applicable county filing fee. xxxi ©2010 Best Best&Krieger LLP RESOLUTION NO. A RESOLUTION OF THE CITY OF PALM DESERT AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act ("CEQA") (Pub. Resources Code §§ 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS,the City of Palm Desert("City") must revise its local guidelines for implementing CEQA to make them'consistent with the current provisions and interpretations of CEQA; NOW, THEREFORE, the City of Palm Desert hereby resolves as follows: SECTION 1. The City adopts "Local Guidelines for Implementing the California Environmental Quality Act(2010 Revision)," a copy of which is on file at the offices of the City and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. ADOPTED this day of , 2010. Chair City of Palm Desert ATTEST: Secretary City of Palm Desert Local Guidelines for Implementing the California Environmental Oualitv Act 1: GENERAL VISIONS,PURPOSE AND POLICY LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (2010 REVISION) 1. GENERAL PROVISIONS, PURPOSE AND POLICY 1.01 GENERAL PROVISIONS. These Local Guidelines ("Local Guidelines") are to assist the City of Palm Desert ("City") in implementing the provisions of the California Environmental Quality Act ("CEQA"). These Local Guidelines are consistent with the Guidelines for the Implementation of CEQA ("State Guidelines") which have been promulgated by the Resources Agency for the guidance of state and local agencies in California. These Local Guidelines have been adopted pursuant to California Public Resources Code Section 21082. 1.02 PURPOSE. • The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA: (a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian. (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project. (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project. (d) To identify ways that environmental damage can be avoided or significantly reduced. (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures. (f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency's activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency. 1.03 APPLICABILITY. These Guidelines apply to any activity of the City which constitutes a "project" as defined in Local Guidelines Section 10.53. These Local Guidelines are also intended to assist the City in determining whether a proposed activity does not constitute a project that is subject to CEQA review, or whether the activity is exempt from CEQA. 2010 City of Palm Desert Local Guidelines 1-1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act( GENERA' VISIONS.PURPOSE AND POLICY (e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; ( Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; (g) Integrating CEQA requirements with other environmental review and consultation requirements; (h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document; (i) Combining environmental documents with other documents, such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (1) Preparing analytic, rather than encyclopedic EIRs; (m) Mentioning insignificant issues only briefly; (n) Writing EIRs in plain language; (o) Following a clear format for EIRs; (p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material; (q) Incorporating information by reference; and (r) Making comments on EIRs as specific as possible. 1.05 COMPLIANCE WITH STATE LAW. These Local Guidelines are intended to implement the provisions of CEQA and the State Guidelines, and the provisions of CEQA and the State Guidelines shall be fully complied with even though they may not be set forth or referred to herein. 1.06 TERMINOLOGY. The terms "must" or "shall" identify mandatory requirements. The terms "may" and "should" are permissive, with the particular decision being left to the discretion of the City. 1.07 PARTIAL INVALIDITY. In the event any part or provision of these Local Guidelines shall be determined to be invalid, the remaining portions which can be separated from the invalid unenforceable provisions shall continue in full force and effect. 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES. Individuals may file a written request to receive copies of public notices provided under these Local Guidelines or the State Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it directed to the last email address provided by the requestor to the public agency. The City may require requests for notices to be renewed annually. 2010 City of Palm Desert Local Guidelines 1-3 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act(: D AND RESPONSIBLE AGENCIES 2. LEAD AND RESPONSIBLE AGENCIES 2.01 LEAD AGENCY PRINCIPLE. The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents. This agency shall be called the Lead Agency. 2.02 SELECTION OF LEAD AGENCY. Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria: (a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency. (b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a district which will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency which acts first on the project will be the Lead Agency. If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Planning and Research. Within 21 days of receiving the request, the Office of Planning and Research will designate the Lead Agency. The Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute. A "dispute" means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document. 2.03 DUTIES OF A LEAD AGENCY. As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR or Final EIR is prepared under a contract to the City, the contract must be executed 2010 City of Palm Desert Local Guidelines 2-1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act f. D AND RESPONSIBLE AGENCIES (a) The applicant's name, address, and phone number. (b) Address of site, and local agency(city/county). (c) Assessor's book, page, and parcel number. (d) The list which includes the site, identification number, and date of list. Before accepting as complete an application for any development project as defined in Local Guidelines Section 10.15, the City shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code Section 65962.5 listing hazardous waste sites and other specified sites located in the City. The City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall specify the California EPA list, if any, which includes the project site, and shall provide the information contained in the applicant's statement. This provision does not apply to projects for which applications have been deemed complete on or before January 1, 1992. 2.05 RESPONSIBLE AGENCY PRINCIPLE. When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency which have discretionary approval power over the project shall be identified as Responsible Agencies. 2.06 DUTIES OF A RESPONSIBLE AGENCY. When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation by the Lead Agency and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs and Negative Declarations. Comments shall be limited to those project activities which are within the City's area of expertise or are required to be carried out or approved by the City or are subject to the City's powers. As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures which would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures which would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City shall be limited to measures which mitigate impacts to resources that are within the City's authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. 2010 City of Palm Desert Local Guidelines 2-3 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act C .D AND RESPONSIBLE AGENCIES Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. 2010 City of Palm Desert Local Guidelines 2-5 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(: ACTIVITIES EXEMPT FROM CEQA 3.03 EXEMPTIONS IN GENERAL. CEQA and the State Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration or Mitigated Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State Guidelines and Chapter 3 of these Local Guidelines. 3.04 PRELIMINARY EXEMPTION ASSESSMENT. If, in the judgment of Staff, a proposed activity is exempt, Staff should so find on the form entitled "Preliminary Exemption Assessment" (Form "A"). The Preliminary Exemption Assessment shall be retained at City Hall as a public record. 3.05 NOTICE OF EXEMPTION. After City approval of an exempt project, a "Notice of Exemption" (Form "B") may be filed by Staff with the Clerk. If City exempts an agricultural housing, affordable housing, or residential infill project under State Guidelines Sections 15193, 15194 or 15195 and the City approves or determines to carry out that project, it must file a notice with the Office of Planning and Research ("OPR") identifying the exemption. The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. If filed, the Clerk must post the Notice within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. Although no California Department of Fish and Game ("DFG") filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFG. Refer to the Index in the Staff Summary to determine if such a fee will be required for the project. The filing of a Notice of Exemption is recommended because it starts a 35-day statute of limitations on legal challenges to the City's determination that the project is exempt from CEQA. The City is encouraged to make postings of all filed notices available in electronic format on the Internet. These electronic postings are in addition to the procedures required by the State Guidelines and the Public Resources Code. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain circumstances in which the City is required to file a Notice of Exemption. When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City's determination. If such a request is made following the City's determination, then the copy should be mailed in the same manner as soon as possible. 3.06 DISAPPROVED PROJECTS. Projects which the Lead Agency rejects or disapproves are exempt. An applicant shall not be relieved of paying the costs for an EIR or Negative Declaration prepared for a project prior to the Lead Agency's disapproval of the project. 2010 City of Palm Desert Local Guidelines 3-2 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(21 CTIVITIES EXEMPT FROM CEQA (e) When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed. 3.11 SUBSURFACE PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY. The installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing subsurface pipeline is exempt where the project is less than one mile in length and located within a public street, highway or any other public right-of-way. 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS. CEQA does not apply to the construction, conversion, or use of residential housing if the • project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops (Section D below). A. General Requirements. The construction, conversion, or use of residential housing units affordable to low-income households (as defined in Section 10.32) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied: (1) The project is consistent with: (a) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application was deemed complete; and (b) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete. However, the project may be inconsistent with zoning if the zoning is inconsistent with the general plan and the project site has not been rezoned to conform to the general plan; (2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees; (4) The project site meets all of the following four criteria relating to biological resources: (a) The project site does not contain wetlands; (b) The project site does not have any value as a wildlife habitat; 2010 City of Palm Desert Local Guidelines 3-4 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act(: ,CTIVITIES EXEMPT FROM CEOA (12) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. (13) The project site is not located on developed open space; (14) The project site is not located within the boundaries of a state conservancy; (15) The project site has not been divided into smaller projects to qualify for one or more of the exemptions for affordable housing, agricultural housing, or residential infill housing projects found in the subsequent sections; and (16) The project meets the requirements set forth in either Public Resources Code Sections 21159.22, 21159.23 or 21159.24. B. Specific Requirements for Agricultural Housing. (Public Resources Code Sections 21084, 21159.22, and State Guidelines Section 15192.) CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria: (1) The project either: (a) Is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen(15) years; or (b) If public financial assistance exists for the project, then the project must be housing for very low, low-, or moderate-income households and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group-living facilities for a total of forty-five (45) or fewer agricultural employees, and either: (a) The project site is within incorporated city limits or within a census-defined place with a minimum population density of at least five thousand(5,000) persons per square mile; or (b) The project site is within incorporated city limits or within a census- defined place and the minimum population density of the 2010 City of Palm Desert Local Guidelines 3-6 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act C CTIVITIES EXEMPT FROM CEOA (a) The project site is within an urbanized area or within a census- defined place with a population density of at least five thousand (5,000)persons per square mile; or (b) If the project consists of fifty (50) or fewer units, the project site is within an incorporated city with a population density of at least twenty-five hundred (2,500) persons per square mile and a total population of at least twenty-five thousand(25,000) persons; or (c) The project site is within either an incorporated city or a census- defined place with a population density of one thousand (1,000) persons per square mile, unless there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. D. Specific Requirements for Affordable Housing Projects Near Major Transit Stops. (Reference: Public Resources Code Sections 21083, 21159.24 and State Guidelines Section 15195.) CEQA does not apply to a residential project on an infill site within an urbanized area if all of the general requirements described above in Section A are satisfied and the following additional criteria are also met: (1) Within five (5) years prior to the date that the application for the project is deemed complete, community-level environmental review was certified or adopted. This exemption does not apply, however, if new information about the project or substantial changes regarding the circumstances surrounding the project become available after the community-level environmental review was certified or adopted; (2) The site is not more than four(4) acres in total area; (3) The project does not contain more than one hundred (100) residential units; (4) The project meets either of the following criteria: (a) At least 10% of the housing is sold to families of moderate income or rented to families of low income, or at least 5%of the housing is rented to families of very low income, and the project developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for very low, low-, and moderate-income households at monthly housing costs; or (b) The project developer has paid or will pay in-lieu fees sufficient to pay for the development of the same number of units that would otherwise be sold or rented to families of moderate or very low income pursuant to subparagraph(a); (5) The project is within one-half mile of a major transit stop; 2010 City of Palm Desert Local Guidelines 3-8 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(2 CTIVITIES EXEMPT FROM CEOA 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES. Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code Sections 116410 and 116415 or regulations adopted thereunder are exempt. 3.14 BALLOT MEASURES. The definition of project in the State Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exemption does not apply to the public agency that sponsors the initiative. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code Section 9214 is not a project and therefore is not subject to CEQA review. (See Local Guidelines Section 3.01.) 3.15 TRANSIT PRIORITY PROJECT Exemption: Transit priority projects that are part of either a sustainable community project consistent with the Sustainable Community Strategy or an alternative planning strategy are exempt. To qualify for the full CEQA exemption, the project must be a "transit priority project" for which the California Air Resources Board has accepted a determination that the Sustainable Communities Strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (Local Guidelines Section 10.66) To qualify for the exemption, the decision-making body must hold a hearing and make findings that theaproject meets all of Public Resources Code Section 21155.1's environmental, housing, and public safety conditions and requirements. Streamlined Review: A Transit Priority Project that has incorporated all feasible mitigation measures or criteria set forth in a prior environmental impact report may be eligible for streamlined environmental review. For a complete description of the requirements for this streamlined review see Public Resources Code Section 21155.2. Similarly, the environmental review for a residential or mixed use residential project may limit, or entirely omit, its discussion of growth-inducing impacts or impacts from traffic on global warming under certain limited circumstances. For complete requirements see Public Resources Code Section 21159.28. Note that neither the exemption nor the streamlined review will apply until: (1) the Air Resources Board sets target greenhouse gas emissions levels, a process that may not be completed until September 30, 2010; and (2) the applicable Metropolitan Planning Organization prepares and adopts a Sustainable Communities Strategy for the region. 3.16 OTHER SPECIFIC EXEMPTIONS. CEQA and the State Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, and hazardous or volatile liquid pipelines. Specific statutory exemptions are listed in the Public Resources Code, 2010 City of Palm Desert Local Guidelines 3-10 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(: ,CTIVITIES EXEMPT FROM CEOA Class 2: Replacement or Reconstruction. Replacement or reconstruction of existing facilities, structures, or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State Guidelines Section 15302.) Class 3: New Construction or Conversion of Small Structures. Construction of limited numbers of small new facilities or structures; installation of small new equipment or facilities in small structures; and the conversion of existing small structures from one use to another, when only minor modifications are made in the exterior of the structure. This exemption includes structures built for both residential and commercial uses. (The maximum number of structures allowable under this exemption is set forth in State Guidelines Section 15303.) Class 4: Minor Alterations to Land. Minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry or agricultural purposes. (State Guidelines Section 15304.) Class 5: Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density. (State Guidelines Section 15305.) Class 6: Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (State Guidelines Section 15306.) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15307.) Class 8: Actions By Regulatory Agencies for Protection of the Environment. 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 protection of the environment. (State Guidelines Section 15308.) Class 9: Inspection. Inspection activities, including, but not limited to, inquiries into the performance of an operation and examinations of the quality, health or safety of a project. (State Guidelines Section 15309.) Class 10: Loans. Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act 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. (State Guidelines Section 15310.) Class 11: Accessory Structures. Construction or replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including, 2010 City of Palm Desert Local Guidelines 3-12 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental 0uality Act 1: ,CTIVITIES EXEMPT FROM CEOA CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. (State Guidelines Section 15316.) Class 17: Open Space Contracts or Easements. Establishment of agricultural preserves, making and renewing of open space contracts under the Williamson Act or acceptance of easements or fee interests in order to maintain the open space character of the area. (The cancellation of such preserves, contracts, interests or easements is not included in this exemption.) (State Guidelines Section 15317.) Class 18: Designation of Wilderness Areas. Designation of wilderness areas under the California Wilderness System. (State Guidelines Section 15318.) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Annexations: (a) To a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or prezoning of either the gaining or losing governmental agency, whichever is more restrictive; provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (b) Of individual small parcels of the minimum size for facilities exempted by Class 3, New Construction or Conversion of Small Structures. (State Guidelines Section 15319.) Class 20: Changes in Organization of Local Agencies. Changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishment of a subsidiary district; (b) Consolidation of two or more districts having identical powers; (c) Merger with a city of a district lying entirely within the boundaries of the city. (State Guidelines Section 15320.) Class 21: Enforcement Actions by Regulatory Agencies. Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted or prescribed by the regulatory agency or a law, general rule, standard or objective administered or adopted by the regulatory agency; or law enforcement activities by peace officers acting under any law that provides a criminal sanction. The direct referral of a violation of lease, permit, license certificate, or entitlement to the City Attorney is exempt under this Class. (Construction activities undertaken by the City taking the enforcement or revocation action are not included in this exemption.) (State Guidelines Section 15321.) Class 22: Educational or Training Programs Involving No Physical Changes. The adoption, alteration or termination of educational or training programs which involve no 2010 City of Palm Desert Local Guidelines 3-14 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(2 CTIVITIES EXEMPT FROM CEOA (d) Includes the provision of adequate employee and visitor parking facilities. (State Guidelines Section 15327.) Class 28: Small Hydroelectric Projects as Existing Facilities. Installation of certain small hydroelectric-generating facilities in connection with existing dams, canals and pipelines, subject to the conditions in State Guidelines Section 15328. (State Guidelines Section 15328.) Class 29: Cogeneration Projects at Existing Facilities. Installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting certain conditions listed in State Guidelines Section 15329. (State Guidelines Section 15329.) Class 30: Minor Actions to Prevent. Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. Any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. (State Guidelines Section 15330.) (a) No cleanup action shall be subject to this Class 30 exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code Section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, off-site disposal, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. (b) Examples of such minor cleanup actions include but are not limited to: 1. Removal of sealed, non-leaking drums of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; 2. Maintenance or stabilization of berms, dikes, or surface impoundments; 3. Construction or maintenance or interim of temporary surface caps; 4. Onsite treatment of contaminated soils or sludge provided treatment system meets Title 22 requirements and local air district requirements; 5. Excavation and/or offsite disposal of contaminated soils or sludge in regulated units; 2010 City of Palm Desert Local Guidelines 3-16 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act 1: ,CTIVITIES EXEMPT FROM CEOA This exemption only applies to projects that are five acres or less in size and that meet the following criteria: (a) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065 of the State Guidelines; (b) There are no hazardous materials at or around the project site that may be disturbed or removed; and (c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. (State Guidelines.Section 15333.) • 2010 City of Palm Desert Local Guidelines 3-18 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(: TIME LIMITATIONS Under the Permit Streamlining Act, the Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the EIR, or within ninety (90) days of certification if an extension for completing and certifying the EIR was granted. If the Lead Agency adopts a Negative Declaration/Mitigated Negative Declaration or determines the development project is exempt from CEQA, it shall approve or disapprove the project application within sixty (60) days from the date on which it adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is exempt from CEQA. Except for waivers of the time periods for preparing a joint Environmental Impact Report/Environmental Impact Statement (as outlined in Government Code Sections 65951 and 65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. 4.06 PROJECTS, OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT, WITH SHORT TIME PERIODS FOR APPROVAL. A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met: (a) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6)months or less; (b) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and (c) The project application involves the City's issuance of a lease, permit, license, certificate or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code Sections 65920, et seq.). 4.07 WAIVER OR SUSPENSION OF TIME PERIODS. These deadlines may be waived by the applicant if the project is subject to both CEQA and NEPA. (State Guidelines Sections 15110 and 15224; see Section 5.04 of these Local Guidelines for information about projects that are subject to both CEQA and NEPA.) An unreasonable delay by an applicant in meeting City requests necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods described in Local Guidelines Sections 4.03 and 4.04 for the period of the unreasonable delay. 2010 City of Palm Desert Local Guidelines 4-2 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 INITIAL STUDY 5. INITIAL STUDY 5.01 PREPARATION OF INITIAL STUDY. If the City determines that it is the Lead Agency for a project which is not exempt, the City shall prepare an Initial Study to ascertain whether the project may have a substantial adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. An Initial Study may rely on expert opinion supported by facts, technical studies or other substantial evidence. However, an Initial Study is neither intended nor required to include the level of detail included in an EIR. (a) For City projects, the Initial Study shall be prepared by Staff or by private experts pursuant to contract with the City. (b) For private projects, the person or entity proposing to carry out the project shall submit all data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be borne by the person or entity proposing to carry out the project. 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES. When more than one public agency will be involved in undertaking or approving a project, the City as Lead Agency shall consult with all Responsible and any Trustee Agencies. Such consultation shall be undertaken in compliance with the notice procedures applicable to the type of CEQA document being prepared. See Section 6.04, Negative Declarations, and Sections 7.03 and 7.06, EIRs. The City may choose to engage in early consultation with Responsible and Trustee Agencies before the City begins to prepare the Initial Study. This early consultation may be done quickly and informally and is intended to ensure that the EIR, Negative Declaration or Mitigated Negative Declaration reflects the concerns of all Responsible Agencies that will issue approvals for the project and all Trustee Agencies responsible for natural resources affected by the project. The City's early consultation process may include consultation with other individuals or organizations with an interest in the project, if the City so desires. The Office of Planning and Research, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project and ensure that the Responsible Agencies are notified regarding any early consultation. In the case of a project undertaken by a public agency, the Office of Planning and Research, upon request of the City, shall ensure that any Responsible Agency or public agency that has jurisdiction by law with respect to the project is notified regarding any early consultation. If, during the early consultation process it is determined that the project will clearly have a significant effect on the environment, the City may immediately dispense with the Initial Study and determine that an EIR is required. 2010 City of Palm Desert Local Guidelines 5-1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act(21 INITIAL STUDY 5.05 AN INITIAL STUDY. The Initial Study shall be used to determine whether a Negative Declaration, Mitigated Negative Declaration or an EIR shall be prepared for a project. It provides written documentation of whether the City found evidence of significant adverse impacts which might occur. The purposes of an Initial Study are to: (a) Identify environmental impacts; (b) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; (c) Focus an EIR, if one is required, on potentially significant environmental effects; (d) Facilitate environmental assessment early in the design of a project; (e) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (f) Eliminate unnecessary EIRs; and (g) Determine whether a previously prepared EIR could be used for the project. 5.06 CONTENTS OF INITIAL STUDY. An Initial Study shall contain in brief form: (a) A description of the project, including the location of the project. The project description must be consistent throughout the environmental review process; (b) An identification of the environmental setting; (c) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries are briefly explained to show the evidence supporting the entries. The brief explanation may be through either a narrative or a reference to other information such as attached maps, photographs, or an earlier EIR or Negative Declaration. A reference to another document should include a citation to the page or pages where the information is found; (d) A discussion of ways to mitigate any significant effects identified; (e) An examination of whether the project is consistent with existing zoning and local land use plans and other applicable land use controls; (f) The name of the person or persons who prepared or participated in the Initial Study; and (g) Identification of prior EIRs or environmental documents which could be used with the project. 5.07 USE OF A CHECKLIST INITIAL STUDY. When properly completed, the Environmental Checklist (Form "J") will meet the requirements of Local Guidelines Section 5.05 provided that the entries on the checklist are explained. Either the Environmental Checklist (Form "J") should be expanded or a separate attachment should be prepared to describe the project, including its location, and to identify the environmental setting. California courts have rejected the use of a bare, unsupported Initial Study checklist. An Initial Study must contain more than mere conclusions. It must disclose supporting data or evidence upon which the City relied in conducting the Study. The City shall augment checklists 2010 City of Palm Desert Local Guidelines 5-3 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Duality Act(: INITIAL STUDY plant or animal, or eliminate important examples of major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; (c) The project has possible environmental effects which are individually limited but cumulatively considerable. "Cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past, current, and probable future projects. That is, the City is required to determine whether the incremental impacts of a project are cumulatively considerable by evaluating them against the back-drop of the environmental effects of the other projects; or (d) The environmental effects of a project will cause substantial adverse effects on humans either directly or indirectly. If, before the release of the CEQA document for public review, the potential for triggering one of the mandatory findings of significance is avoided or mitigation measures or project modifications reduce the potentially significant impacts to a point where clearly the mandatory finding of significance is not triggered, preparation of an EIR is not mandated. If the project's potential for triggering one of the mandatory findings of significance cannot be avoided or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and the relevant mandatory findings of significance shall be used: (1) as thresholds of significance for purposes of preparing the EIR's impact analysis; (2) in making findings on the feasibility of alternatives or mitigation measures; (3) when found to be feasible, in making changes in the project to lessen or avoid the adverse environmental impacts; and (4) when necessary, in adopting a statement of overriding considerations. Although an EIR prepared for a project that triggers one of the mandatory findings of significance must use the relevant mandatory findings as thresholds of significance, the EIR need not conclude that the impact itself is significant. Rather, the City must exercise its discretion and determine, on a case-by-case basis after evaluating all of the relevant evidence, whether the project's environmental impacts are avoided or mitigated below a level of significance or whether a statement of overriding considerations is required. With regard to a project that has the potential to substantially reduce the number or restrict the range of a protected species, the City does not have to prepare an EIR solely due to that impact, provided the project meets the following three criteria: (a) The project proponent must be bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan and/or natural communities conservation plan; (b) The state or federal agency must have approved the habitat conservation plan and/or natural community conservation plan in reliance on an EIR and/or EIS; and 2010 City of Palm Desert Local Guidelines 5-5 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act 12 INITIAL STUDY standard public notices required by CEQA, notice must be provided to all owners and occupants of property located within one-fourth mile of any parcel or parcels on which the waste-burning project will be located. (Public Resources Code Section 21092(c).) See Local Guidelines Sections 6.09, 7.20 and 7.22. 5.11 DEVELOPMENT PURSUANT To AN EXISTING COMMUNITY PLAN AND EIR. Before preparing a CEQA document, Staff should determine whether the proposed project involves development consistent with an earlier zoning or community plan to accommodate a particular density for which an EIR has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project concerns the approval of a subdivision map or development, CEQA applies only to the extent the project raises environmental effects peculiar to the parcel which were notaddressed in the earlier EIR. Off-site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemented at this stage. Environmental effects shall not be considered peculiar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evidence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Examples of uniformly applied development policies or standards include, but are not limited to: parking ordinances; public access requirements; grading ordinances; hillside development ordinances; flood plain ordinances; habitat protection or conservation ordinances; view protection ordinances; and requirements for reducing greenhouse gas emissions as set forth in adopted land use plans, policies or regulations. Any rezoning action consistent with the Community Plan shall be subject to exemption from CEQA in accordance with this section. "Community Plan" means part of a city's general plan which: (1) applies to a defined geographic portion of the total area included in the general plan; (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory elements specified in Government Code Section 65302; and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. 5.12 LAND USE POLICIES. When a project will amend a general plan or another land use policy, the Initial Study must address how the change in policy and its expected direct and indirect effects will affect the environment. When the amendments constitute substantial changes in policies that result in a significant impact on the environment, an EIR may be required. 5.13 EVALUATING IMPACTS ON HISTORICAL RESOURCES. Projects that may cause a substantial adverse change in the significance of a historical resource, as defined in Local Guidelines Section 10.25 are projects that may have a significant effect on the environment, thus requiring consideration under CEQA. Particular attention and care should be given when considering such projects, especially projects involving the 2010 City of Palm Desert Local Guidelines 5-7 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act f: INITIAL STUDY If the archaeological resource is neither a unique archaeological resource nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process. In the event of an accidental discovery of a possible unique archaeological resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist. If the find is determined to be a unique archaeological resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. When an Initial Study identifies the existence of, or the probable likelihood of, Native American human remains within the Project, the City shall comply with the provisions of State Guidelines Section 15064.5(d). In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall comply with the provisions of State Guidelines Section 15064.5(e). 5.15 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. (a) Projects Subject to Consultation Requirements. For certain development projects, cities and counties must consult with water agencies. The City should refer to this section when preparing such an assessment or when reviewing projects in its role as a Responsible Agency. This section applies only to water demand projects as defined by Guideline 10.74. Program level environmental review may not need to be as extensive as project level environmental review. See Local Guidelines Sections 8.03 and 8.08. (b) Water Supply Assessment. When a city or county as Lead Agency determines the type of environmental document that will be prepared for a water demand project or any project that includes a water demand project, the city or county must identify any public water system (as defined in Local Guidelines Sections 10.55 and 10.74) that may supply water for the project. The city or county must also request that the public water system determine whether the projected demand associated with the project was included in the most recently adopted Urban Water Management Plan. The city or county must also request that the public water system prepare a specified water supply assessment for approval at a regular or special meeting of the public water system governing body. If no public water system is identified that may supply water for the water demand project, the city or county shall prepare the water supply assessment. The city or county shall consult with any entity serving domestic water supplies whose service area includes the site of the water demand project, the local agency formation commission, and the governing body of any public water system adjacent to the site of the water demand project. The city council or 2010 City of Palm Desert Local Guidelines 5-9 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(2 INITIAL STUDY (A) Changes in the larger water-demand project that result in a substantial increase in water demand for the water-demand project. (B) Changes in the circumstances or conditions substantially affecting the ability of the public water system identified in the water assessment to provide a sufficient supply of water for the water demand project. (C) Significant new information becomes available which was not known and could not have been known at the time when the entity had reached its assessment conclusions. For complete information on these requirements, consult Water Code Sections 10910, et seq. For other CEQA provisions applicable to these types of projects, see Local Guidelines Sections 7.03 and 7.20. 5.16 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS. Cities and counties must obtain written verification from the applicable public water system(s) that a sufficient water supply is available before approving certain development projects. The City should also be aware of these requirements when reviewing projects in its role as a Responsible Agency. Cities and counties are prohibited from approving a tentative map, parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwellings units, unless: (1) The City Council, Board of Supervisors, or the advisory agency receives written verification from the applicable public water system that a sufficient water supply is available; or (2) Under certain circumstances, the City Council, Board of Supervisors or the advisory agency makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project. As a result, the City should obtain written verification as described above during the Initial Study phase of the CEQA process for any proposed residential development of more than 500 dwelling units (Form "0"). For complete information on these requirements, consult Government Code Section 66473.7. 5.17 IMPACTS TO OAK WOODLANDS. When a county prepares an Initial Study to determine what type of environmental document will be prepared for a project within its jurisdiction, the county must determine whether the project may result in a conversion of oak woodlands that will have a significant effect on the environment. Normally, this rule will not apply to projects undertaken by the City. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county, as Lead Agency, analyzes these impacts in accordance with CEQA. 2010 City of Palm Desert Local Guidelines 5-1 1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(21 INITIAL STUDY (3) The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project's incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. Similarly, an EIR must analyze greenhouse gas emissions resulting from a proposed project when the incremental contribution of those emissions may be cumulatively considerable. The Governor's Office of Planning and Research issued a technical advisory on addressing climate change through CEQA. (Available at http://www.opr.ca.gov/.) The technical advisory discusses recommended approaches for analyzing greenhouse gases, and identifies factors a Lead Agency may consider in establishing thresholds of significance. C. Mitigation Measures Related to Greenhouse Gas Emissions The City, as Lead Agency, must consider feasible means of mitigating the significant effects of greenhouse gas emissions. Any such mitigation measure must be supported by substantial evidence and be subject to monitoring or reporting. Reductions in emissions that are not otherwise required may constitute mitigation. Potential mitigation will depend on the particular circumstances of the project, but may include the following, among others: (1) Measures in an existing plan or mitigation program for the reduction of emissions that are required as part of the lead agency's decision; (2) Reductions in emissions resulting from a project through implementation of project features, project design, or other measures, such as those described in Appendix F; (3) Off-site measures, including offsets, to mitigate a project's emissions; (4) Measures that sequester greenhouse gases; and (5) In the case of the adoption of a plan, such as a general plan, long range development plan, or plan for the reduction of greenhouse gas emissions, mitigation may include the identification of specific measures that may be implemented on a project-by-project basis. Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions. 2010 City of Palm Desert Local Guidelines 5-13U'Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Duality Act(2 INITIAL STUDY A plan for the reduction of greenhouse gas emissions, once adopted following certification of an EIR, may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a plan for the reduction of greenhouse gas emissions for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. If there is substantial evidence that the effects of a particular project may be cumulatively considerable notwithstanding the project's compliance with the specified requirements in the plan for reduction of greenhouse gas emissions, an EIR must be prepared for the project. 5.19 ENERGY CONSERVATION. Potentially significant energy implications of a project must be considered in an EIR to the extent relevant and applicable to the project. The project description should identify the following as applicable or relevant to the project: (1) Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project. (2) Total energy requirements of the project by fuel type and end use. (3) Energy conservation equipment and design features. (4) Identification of energy supplies that would serve the project. (5) Total estimated daily vehicle trips to be generated by the project and the additional energy consumed per trip by mode. The discussion of the environmental setting may include existing energy supplies and energy use patterns in the region and locality. The City may also consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental Impacts may include: (1) The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed. (2) The effects of the project on local and regional energy supplies and on requirements for additional capacity. (3) The effects of the project on peak and base period demands for electricity and other forms of energy. (4) The degree to which the project complies with existing energy standards. 2010 City of Palm Desert Local Guidelines 5-15 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 NEGATIVE DECLARATION 6. NEGATIVE DECLARATION 6.01 DECISION TO PREPARE A NEGATIVE DECLARATION. A Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study shows that there is no substantial evidence in light of the whole record that the project may have a significant or potentially significant adverse effect on the environment. (See Local Guidelines Sections 10.59 and 10.64.) 6.02 DECISION TO PREPARE A MITIGATED NEGATIVE DECLARATION. A Mitigated Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects on the environment, but: (a) The project applicant has agreed to revise the project or the City can revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur; and (b) There is no substantial evidence in light of the whole record before the City that the revised project may have a significant effect. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Negative Declaration or to state that mitigation measures will be recommended on the basis of a future study. The City must know the measures at the time the Negative Declaration is adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of agreement by the applicant to such mitigation should be in the record prior to public review. Except where noted, the procedural requirements for the preparation and approval of a Negative Declaration and Mitigated Negative Declaration are the same. 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION. The City, when acting as Lead Agency, is responsible for preparing all documents required pursuant to CEQA. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City, but they must be the City's product and reflect the independent judgment of the City. 6.04' NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. When, based upon the Initial Study, it is recommended to the decisionmaking body that a Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form "D") shall be prepared. In addition to being provided to the public through the means set forth in Local Guidelines Section 6.07, this Notice shall also be provided to: (a) Each Responsible and Trustee Agency, (b) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including: 2010 City of Palm Desert Local Guidelines 6-1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(21 NEGATIVE DECLARATION Clearinghouse. (See Local Guidelines Section 6.07.) Day one of the state review period shall be the date that the State Clearinghouse distributes the document to state agencies. If the Lead Agency is submitting a Negative Declaration or Mitigated Negative Declaration to the State Clearinghouse, the Notice of Completion form may be used. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall contain the following information: (a) The period during which comments shall be received; (b) The date, time and place of any public meetings or hearings on the proposed project; (c) A brief description of the proposed project and its location; (d) The address where copies of the proposed Negative Declaration or Mitigated Negative Declaration and all documents referenced in the proposed Negative Declaration or Mitigated Negative Declaration are available for review; (e) The Environmental Protection Agency("EPA") list on which the proposed project site is located, if applicable, and the corresponding information from the applicant's statement. (See Local Guidelines Section 2.04.); and (f) The significant effects on the environment, if any, anticipated as a result of the proposed project. 6.05 PROJECTS AFFECTING MILITARY SERVICES; DEPARTMENT OF DEFENSE NOTIFICATION. CEQA imposes additional requirements to provide notice to potentially affected military agencies when: (a) The project meets one of the following three criteria: (1) The project includes a general plan amendment; (2) The project is of statewide, regional, or areawide significance; (3) The project relates to a public use airport or certain lands surrounding a public use airport; and (b) A"military service" (defined in Section 10.39 of these Local Guidelines) has provided its contact office and address and notified the Lead Agency of the specific boundaries of a "low-level flight path" (defined in Section 10.35 of these Local Guidelines), "military impact zone" (defined in Section 10.38 of these Local Guidelines), or "special use airspace" (defined in Section 10.60 of these Local Guidelines) When a project meets these requirements, the City must provide the military service's designated contact with a copy of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration that has been prepared for the project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements. See Public Resources Code Sections 21080.4 and 21092 and Health and Safety Code Sections 25300, et seq.; 25396; and 25187. 2010 City of Palm Desert Local Guidelines 6-3 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 NEGATIVE DECLARATION distribute the document within three (3) days of receipt if the Negative Declaration or Mitigated Negative Declaration is deemed complete. The Notice must also be posted in the office of the Clerk in each county in which the Project is located and must remain posted throughout the public review period. The County Clerk is required to post the Notice within twenty-four(24) hours of receiving it. Notice shall be provided as stated in Local Guidelines Section 6.04. In addition, it must be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as shown on the latest equalized assessment roll. The City shall consider all comments received during the public review period for the Negative Declaration or Mitigated Negative Declaration. For a Negative Declaration or Mitigated Negative Declaration, the City is not required to respond in writing to comments it receives either during or after the public review period. However, the City may want to provide a written response to all comments if it will not delay action on the Negative Declaration or Mitigated Negative Declaration, since any comment received prior to final action on the Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City's action in light of the comment will assist the City in defending against a legal challenge. The City shall notify any public agency which comments on a Negative Declaration or Mitigated Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration or Mitigated Negative Declaration was prepared. 6.08 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION TO STATE CLEARINGHOUSE. A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for circulation in the following situations: (a) The.Negative Declaration or Mitigated Negative Declaration is prepared by a Lead Agency that is a state agency; (b) The Negative Declaration or Mitigated Negative Declaration is prepared by a public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project;.or (c) The Negative Declaration or Mitigated Negative Declaration is for a project identified in State Guidelines Section 15206 as being of statewide, regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or areawide significance which require submission to the State Clearinghouse for circulation: 2010 City of Palm Desert Local Guidelines 6-5 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 NEGATIVE DECLARATION when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse, but the public review period cannot conclude before the state agency review period does. The review period for the public shall be at least as long as the review period established by the State Clearinghouse. When a Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse, a Notice of Completion (Form "H") should be included as a cover sheet. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. Alternatively, the City may provide copies of draft environmental documents to the State Clearinghouse for state agency review in an electronic format. The document must be on a CD- ROM in a common file format such as Word or Acrobat. Lead Agencies must provide fifteen (15) copies of the CD-ROM to the State Clearinghouse along with a hard copy version of the Notice of Completion (Form "H"). In addition, each CD-ROM must be accompanied by 15 printed copies of the introduction section of a Negative Declaration or Mitigated Negative Declaration. The printed summary allows both the State Clearinghouse and agency CEQA coordinators to distribute the documents quickly without the use of a computer. A shorter review period by the State Clearinghouse for a Negative Declaration or Mitigated Negative Declaration can be requested by the decisionmaking body. The shortened review period shall not be less than twenty(20) days. Such a request must be made in writing by the Lead Agency to the Office of Planning and Research. The decisionmaking body may designate by resolution or ordinance an individual authorized to request a shorter review period. Any approval of a shortened review period must be given prior to, and reflected in, the public notice. However, a shortened review period shall not be approved by the Office of Planning and Research for any proposed project of statewide, regional or areawide environmental significance, as defined by State Guidelines Section 15206. 6.09 SPECIAL NOTICE REQUIREMENTS FOR WASTE-AND FUEL-BURNING PROJECTS. For any waste-burning project not requiring an EIR, as defined in Local Guidelines Section 5.10, Notice of Intent to Adopt a Negative Declaration shall be given to all organizations and individuals who have previously requested it and shall also be given by all three of the procedures listed in Local Guidelines Section 6.07. In addition, Notice shall be given by direct mailing to the owners and occupants of property within one-quarter mile of any parcel or parcels on which such a project is located. (Public Resources Code Section 21092(c).) These notice requirements apply only to those projects described in Local Guidelines Section 5.10. These notice requirements do not preclude the City from providing additional notice by other means if desired. 2010 City of Palm Desert Local Guidelines 6-7 C©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act( NEGATIVE DECLARATION Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City. If new information is added to the Negative Declaration after public review, the City should determine whether recirculation is warranted. (See Local Guidelines Section 6.16). If the decisionmaking body finds that the project will not have a significant effect on the environment, it shall adopt the Negative Declaration or Mitigated Negative Declaration. If the decisionmaking body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR. When adopting a Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. If adopting a Negative Declaration for a project that may emit hazardous air emissions within one-quarter mile of a school and that meets the other requirements of Local Guidelines Section 6.06, the decisionmaking body must also make the findings required by Local Guidelines Section 6.06. As Lead Agency, the City may charge a non-elected official or body with the responsibility of independently reviewing the adequacy of and adopting a Negative Declaration; however, when a non-elected decisionmaking body adopts a Negative Declaration or Mitigated Negative Declaration, the City must have a procedure allowing for the appeal of that decision to the City Council. 6.14 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION. When adopting a Mitigated Negative Declaration pursuant to Local Guidelines Section 6.12, the City shall adopt a reporting or monitoring program to assure that mitigation measures, which are required to mitigate or avoid significant effects on the environment will be fully enforceable through permit conditions, agreements, or other measures and implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval. The City shall also specify the location and the custodian of the documents which constitute the record of proceedings upon which it based its decision. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Negative Declaration. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project and shall otherwise comply with the requirements described in Local Guidelines Section 7.33. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Mitigated Negative Declaration (see Guidelines Section 6.04), the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines 2010 City of Palm Desert Local Guidelines 6-9 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act(, NEGATIVE DECLARATION (c) Measures or conditions of project approval are added after circulation of the Negative Declaration or Mitigated Negative Declaration, but the measures or conditions are not required by CEQA, do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; or (d) New information is added to the Negative Declaration or Mitigated Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Negative Declaration or Mitigated Negative Declaration. If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City determines that the project requires an EIR, it shall prepare and circulate the Draft EIR for consultation and review and advise reviewers in writing that a proposed Negative Declaration or Mitigated Declaration had previously been circulated for the project. 6.17 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED. After final approval of a project for which a Negative Declaration has been prepared, Staff shall cause to be prepared, filed and posted a Notice of Determination (Form "F"). The Notice of Determination shall contain the following information: (a) An identification of the project, including the project title as identified on the proposed Negative Declaration, location, and the State Clearinghouse identification number for the proposed Negative Declaration if the Notice of Determination is filed with the State Clearinghouse; (b) A brief description of the project; (c) The name of the City and the date on which the City approved the project; (d) The determination of the City that the project will not have a significant effect on the environment; (e) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA; (f) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; and (g) The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Game fee or a no effect 2010 City of Palm Desert Local Guidelines 6-1 1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act( NEGATIVE DECLARATION (1) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (2) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (3) Mitigation measure(s) or alternative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s) or alternative(s); or (4) Mitigation measure(s) or alternative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s). The City as Lead Agency would then determine whether a Subsequent EIR, Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed. 6.20 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in preparing the Initial Study and in preparing and filing the Negative Declaration and Notice of Determination. 6.21 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for a Negative Declaration is filed with the County or Counties in which the project is located, a fee of $2,010.25 shall be paid to the Clerk for projects which will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFG pursuant to Fish and Game Code Section 711.4. Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. (Fish & Game Code Section 711.4(g).) For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: County Clerks are authorized to charge a documentary handling fee of up to $50.00 for each project in addition to the Fish and Game fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project. For private projects, the City may pass these costs on to the project applicant. Fish and Game Code fees may be waived for projects with "no effect" on fish or wildlife resources or for certain projects undertaken by the DFG and implemented through a contract 2010 City of Palm Desert Local Guidelines 6-13 ©Best Best&Krieger LLP Local Guidelines for Implementing the . California Environmental Quality Act(. NEGATIVE DECLARATION Any request for a fee exemption should include the following information: (1) the name and address of the project proponent and applicant contact information; (2) a brief description of the project and its location; (3) site description and aerial and/or topographic map of the project site; (4) State Clearinghouse number or county filing number; (5) a statement that an Initial Study has been prepared by the City to evaluate the project's effects on fish and wildlife resources, if any; and (6) a declaration that, based on the City's evaluation of potential adverse effects on fish and wildlife resources, the City believes the project will have no effect on fish or wildlife. If insufficient documentation is submitted to DFG for the proposed project, a no effect determination will not be issued. (A sample Request for Fee Exemption is attached as Form "L".) DFG will review the City's finding, and if DFG agrees with the Lead Agency's conclusions, DFG will provide the City with written confirmation. Retain DFG's determination as part of the administrative record; the City is required to file a copy of this determination with the County after project approval and at the time of filing of the Notice of Determination(NOD). The Lead Agency must have written confirmation of DFG's finding of"no impact" at the time the Lead Agency files its Notice of Determination with the County. The County cannot accept the Notice of Determination unless it is accompanied by the appropriate fee or a written no effect determination from DFG. 2010 City of Palm Desert Local Guidelines 6-15 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act I VIRONMENTAL IMPACT REPORT (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet the other criteria in Local Guidelines Section 7.04 (See also Local Guidelines Section 7.21), to the specified military services contact. (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet the other requirements of Local Guidelines Section 7.31, to any potentially affected school district. (f) For certain waste-burning projects that meet the requirements of Local Guidelines Section 5.10 (See also Local Guidelines Section 7.22), to the owners and occupants of property within one-fourth mile of any parcel on which the project will be located. (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice of preparation shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code Section 33333.3. The Notice of Preparation must also be filed and posted in the office of the Clerk in each county in which the project is located for thirty (30) days. The County Clerk must post the Notice within twenty-four(24)hours of receipt. When submitting the Notice of Preparation to the Office of Planning and Research, a Notice of Completion (Form "H") should be used as a cover sheet. Responsible and Trustee Agencies, the State Clearinghouse, and the state agencies contacted by the State Clearinghouse have thirty (30) days to respond to the Notice of Preparation. Agencies that do not respond within thirty(30)days shall be deemed not to have any comments on the Notice of Preparation. The City shall send copies of the Notice of Preparation by certified mail or any other method of transmittal which provides it with a record that the Notice was received. At a minimum, the Notice of Preparation shall include: (a) A description of the project; (b) The location of the project indicated either on an attached map (preferably a copy of the USGS 15' or 7%2' topographical map identified by quadrangle name) or by a street address and cross street in an urbanized area; (c) The probable environmental effects of the project; (d) The name and address of the consulting firm retained to prepare the Draft EIR, if applicable; and (e) The Environmental Protection Agency("EPA") list on which the proposed site is located, if applicable, and the corresponding information from the applicant's statement. (See Local Guidelines Section 2.04.) 7.04 SPECIAL NOTICE REQUIREMENTS FOR AFFECTED MILITARY AGENCIES CEQA imposes additional requirements to provide notice to potentially affected military agencies when: 2010 City of Palm Desert Local Guidelines 7-2 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 'IRONMENTAL IMPACT REPORT Prior to completion of the Draft EIR, the City shall consult with each Responsible Agency and any public agency which has jurisdiction by law over the project. The City may fulfill this obligation by distributing the Notice of Preparation in compliance with Local Guidelines Section 7.03 and soliciting the comments of Responsible Agencies, Trustee Agencies, and other affected agencies. The City may also consult with any individual who has special expertise with respect to any environmental impacts involved with a project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project, including any interested individuals and organizations of • which the City is reasonably aware. The purpose of this consultation is to "scope" the EIR's range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be prepared for a project, no scoping meeting need be held, although the City may hold one if it so chooses. The City as Lead Agency may charge and collect from the applicant a fee not to exceed the actual cost of the consultations. In addition to soliciting comments on the Notice of Preparation, the City may be required to conduct a scoping meeting to take additional input regarding the impacts to be analyzed in the EIR. The City is required to conduct a scoping meeting when: (a) The meeting is requested by a Responsible Agency, a Trustee Agency, the Office of Planning and Research, or a project applicant; (b) The project is one of"statewide, regional or areawide significance" as defined in State Guidelines Section 15206; or (c) The project may affect highways or other facilities under the jurisdiction of the State Department of Transportation and the Department of Transportation has requested a scoping meeting. The City shall provide notice of the scoping meeting to all of the following: (a) Any county or city that borders on a county or city within which the project is located, unless the City has a specific agreement to the contrary with that county or city; (b) Any Responsible Agency; (c) Any public agency that has jurisdiction by law over the project; (d) A transportation planning agency, or any public agency that has transportation facilities within its jurisdiction, that could be affected by the project; and (e) Any organization or individual who has filed a written request for the notice. The requirement for providing notice of a scoping meeting may be met by including the notice of the public scoping meeting in the public meeting notice. For projects that are also subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed above, and in accordance with these Local Guidelines. (See Local Guideline 5.04 for a discussion of NEPA). The City shall call the scoping meeting as soon as possible but not later than 30 days after the meeting was requested. 2010 City of Palm Desert Local Guidelines 7-4 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act( VIRONMENTAL IMPACT REPORT An EIR shall not include "trade secrets," locations of archaeological sites and sacred lands, or any other information subject to the disclosure restrictions of the Public Records Act (Government Code Section 6250, et seq.). The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed. The Initial Study should be used to focus the EIR so that the EIR identifies and discusses only the specific environmental problems or aspects of the project which have been identified as potentially significant or important. A copy of the Initial Study should be attached to the EIR or included in the administrative record to provide a basis for limiting the impacts discussed. The EIR shall contain a statement briefly indicating the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The City should also note any conclusion by it that a particular impact is too speculative for evaluation. The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects. 7.11 USE OF REGISTERED CONSULTANTS IN PREPARING EIRS. An EIR is not a technical document that can be prepared only by a registered consultant or professional. However, state statutes may provide that only registered professionals can prepare certain technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. 7.12 INCORPORATION BY REFERENCE. An EIR, or a Negative Declaration or Mitigated Negative Declaration, may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the environmental document. When all or part of another document is incorporated by reference, that document shall be made available to the public for inspection at the City's offices. The environmental document shall state where incorporated documents will be available for inspection. • When incorporation by reference is used, the incorporated part of the referenced document shall be briefly summarized, if possible, or briefly described if the data or information cannot be summarized. The relationship between the incorporated document and the EIR, Negative Declaration or Mitigated Negative Declaration shall be described. When information from an environmental document that has previously been reviewed through the state review system ("State Clearinghouse") is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the EIR. 2010 City of Palm Desert Local Guidelines 7-6 ©Best Best&Krieger LLP Local Guidelines for Implementing the Calitbrnia Environmental Oualitv Act 1. VIRONMENTAL IMPACT REPORT habitat conservation plans, natural community conservation plans and regional land use plans. (f) A description of the direct and indirect significant environmental impacts of the proposed project explaining which, if any, can be avoided or mitigated to a level of insignificance, indicating reasons that various possible significant effects were determined not to be significant and denoting any significant effects which are unavoidable or could not be mitigated to a level of insignificance. Direct and indirect significant effects shall be clearly identified and described, giving due consideration to both short-term and long- term effects. (g) Potentially significant energy implications of a project must be considered to the extent relevant and applicable to the project. (See Local Guidelines Section 5.19.) (h) An analysis of a range of alternatives to the proposed project which could feasibly attain the project's objectives as discussed in Local Guidelines Section 7.18. (1) A description of any significant irreversible environmental changes which would be involved in the proposed action should it be implemented if, and only if, the EIR is being prepared in connection with: (1) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (2) The adoption by a Local Agency Formation Commission of a resolution making determinations; or (3) A project which will be subject to the requirement for preparing an Environmental Impact Statement pursuant to the National Environmental Policy Act. (j) An analysis of the growth-inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Growth-inducing impacts may include the estimated energy consumption of growth induced by the project. (k) A discussion of any significant, reasonably anticipated future developments and the cumulative effects of all proposed and anticipated action as discussed in Local Guidelines Section 7.19. (1) In certain situations, a regional analysis should be completed for certain impacts, such as air quality. (m) A discussion of any economic or social effects, to the extent that they cause or may be used to determine significant environmental impacts. (n) A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefore, were not discussed in the EIR. (o) The identity of all federal, state or local agencies or other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization. To the fullest extent possible, the City should integrate CEQA review with these related environmental review and consultation requirements. 2010 City of Palm Desert Local Guidelines 7-8 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(: VIRONMENTAL IMPACT REPORT not consider that effect significant, but must briefly describe the basis for this conclusion. A project's contribution may be less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure designed to alleviate the cumulative impact. When relying on a fee program or mitigation measure(s), the City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant. The City may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem in the geographic area in which the project is located. Such plans and programs may include, but are not limited to: (I) Water quality control plans; (2) Air quality attainment or maintenance plans; (3) Integrated waste management plans; (4) Habitat conservation plans; (5) Natural community conservation plans; and/or (6) Plans or regulations for the reduction of greenhouse gas emissions. When relying on such a regulation, plan, or program, the City should explain how implementing the particular requirements of the plan, regulation or program will ensure that the project's incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR. The discussion of cumulative impacts in an EIR must focus on the cumulative impact to which the identified other projects contribute, rather than the attributes of other projects which do not contribute to the cumulative impact. The discussion of significant cumulative impacts must meet either of the following elements: (1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary, those projects outside the control of the City; or (2) A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or a plan for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional 2010 City of Palm Desert Local Guidelines 7-10 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act 1 VIRONMENTAL IMPACT REPORT The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors must be considered and discussed in an EIR for a project involving an archaeological site: (a) Preservation in place is the preferred manner of mitigating impacts to archaeological sites. (b) Preservation in place may be accomplished by, but is not limited to, the following: (1) Planning construction to avoid archaeological sites; (2) Incorporation of sites within parks, green space, or other open spaces; (3) Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site; (4) Deeding the site into a permanent conservation easement. When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to excavation. Such studies must be deposited with the California Historical Resources Regional Information Center. Data recovery shall not be required for a historical resource if the City determines that existing testing or studies have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the EIR and that the studies are deposited with the California Historical Resources Regional Information Center. 7.18 ANALYSIS OF ALTERNATIVES IN AN EIR. The alternatives analysis must describe and evaluate the comparative merits of a range of reasonable alternatives to the project or to the location of the project which would feasibly attain most of the basic objectives of the project, but which would avoid or substantially lessen any of the significant effects of the project. An EIR need not consider every conceivable alternative to a project, and it need not consider alternatives which are infeasible. Rather, it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment. For this reason, a discussion of alternatives must focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effect of the project, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly. Selection of a Range of Reasonable Alternatives: The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant 2010 City of Palm Desert Local Guidelines 7-12 c,Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(: VIRONMENTAL IMPACT REPORT the same basic purpose, the City should review the previous document and incorporate the previous document by reference. To the extent the circumstances have remained substantially the same with respect to an alternative, the EIR may rely on the previous document to help it assess the feasibility of the potential project alternative. The "No Project" Alternative: The specific alternative of "no project" must be evaluated along with its impacts. The purpose of describing and analyzing the no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative may be different from the baseline environmental conditions. The no project alternative will be the same as the baseline only if it is identical to the existing environmental setting and the City has chosen the existing environmental setting as the baseline. A discussion of the"no project" alternative should proceed along one of two lines: (a) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the "no project" alternative will be the continuation of the existing plan, policy or operation into the future. Typically, this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan; or (b) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the "no project" alternative is the circumstance under which the project does not proceed. This discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project would result in predictable actions by others, such as the proposal of some other project, this "no project" consequence should be discussed. After defining the"no project"alternative, the City should proceed to analyze the impacts of the "no project" alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the "no project" alternative is the environmentally superior alternative, the EIR must also identify another environmentally superior alternative among the remaining alternatives. Remote or Speculative Alternatives: An EIR need not consider an alternative whose • effect cannot be reasonably ascertained and whose implementation is remote and speculative. 7.19 ANALYSIS OF FUTURE EXPANSION. An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that: (a) The future expansion or action is a reasonably foreseeable consequence of the initial project; and (b) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects. 2010 City of Palm Desert Local Guidelines 7-14 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 (IRONMENTAL IMPACT REPORT (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or areawide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources; and (5) For a general plan amendment, a project of statewide, regional, or areawide significance, or a project that relates to a public use airport, to any "military service" (defined in Section 10.39 of these Local Guidelines) that has provided the City with its contact office and address and notified the City of the specific boundaries of a"low-level flight path" (defined in Section 10.35 of these Local Guidelines), "military impact zone" (defined in Section 10.38 of these Local Guidelines), or"special use airspace" (defined in Section 10.60 of these Local Guidelines. (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet the other criteria of Local Guidelines Section 7.04 to the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet the other requirements of Local Guidelines Section 7.31, to any potentially affected school district; (f) For certain waste-burning projects that meet the requirements of Local Guidelines Section 5.10 (See also Local Guidelines Section 7.22), to the owners and occupants of property within one-fourth mile of any parcel on which the project will be located; and (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice and a copy of the Draft EIR shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code Section 33333.3. The City may require requests for copies of these Notices to be renewed annually and may charge a fee for the reasonable cost of providing this service. A project will not be invalidated due to a failure to send a requested Notice provided there has been substantial compliance with these notice provisions. Staff may also consult with and obtain comments from any person known to have special expertise or any other person or organization whose comments relative to the Draft EIR would be desirable. 2010 City of Palm Desert Local Guidelines 7-16 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 /IRONMENTAL IMPACT REPORT (b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space. (c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space. (d) Hotel or motel development of more than 500 rooms. (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. (3) Projects for the cancellation of a Williamson Act contract covering more than 100 acres. (4) Projects in one of the following Environmentally Sensitive Areas: (a) Lake Tahoe Basin. (b) Santa Monica Mountains Zone. (c) Sacramento-San Joaquin River Delta. (d) Suisun Marsh. (e) Coastal Zone, as defined by the California Coastal Act. (f) Areas within one-quarter mile of a river designated as wild and scenic. (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. (5) Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species. (6) Projects which would interfere with water quality standards. (7) Projects which would provide housing,jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Draft EIR may be submitted to the State Clearinghouse when a state agency has special expertise with regard to the environmental impacts involved. When the Draft EIR will be reviewed through the State review process handled by the State Clearinghouse, a Notice of Completion (Form "H") should be used as a cover sheet. If the City uses the State Clearinghouse's online process to submit the Notice of Completion form, the form generated on the Internet site satisfies the State Clearinghouse's requirements. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. Alternatively, the City may provide copies of draft environmental documents to the State Clearinghouse for state agency review in an electronic format. The document must be on a CD- 2010 City of Palm Desert Local Guidelines 7-18 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(2 /IRONMENTAL IMPACT REPORT 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices. In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the Lead Agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request. Continued planning activities concerning the proposed project, short of formal approval, may continue during the period set aside for review and comment on the Draft EIR. 7.24 PUBLIC HEARING ON DRAFT EIR. CEQA does not require formal public hearings for certification of an EIR; public comments may be restricted to written communications. (However, a hearing is required to utilize the limited exemption for Transit Priority Projects as explained in Local Guidelines Section 3.15.) However, if the City provides a public hearing on its consideration of a project, the City should include the project's environmental review documents as one of the subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely manner in accordance with any legal requirements applicable to the proposed project. Generally, the requirements of the Ralph M. Brown Act will provide the minimum requirements for the inclusion of CEQA matters on agendas and at hearings. (Gov. Code, § 54950 et seq.) At a minimum, agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to members of the public at least seventy-two (72) hours prior to a regular meeting. The agenda must contain a brief general description of each item to be discussed and the time and location of the meeting. (Gov. Code, § 54954.2.) 7.25 RESPONSE TO COMMENTS ON DRAFT EIR. The City as Lead Agency shall evaluate any comments on environmental issues received during the public review period for the Draft EIR and shall prepare a written response to those comments that raise significant environmental issues. As stated below, the City should also consider evaluating and responding to any comments received after the public review period. The written responses shall describe the disposition of any significant environmental issues that are raised in the comments. The responses may take the form of a revision of the Draft EIR, an attachment to the Draft EIR, or some other oral or written response which is adequate under the circumstances. If the City's position is at variance with specific recommendations or suggestions raised in the comment, the City's response must detail the reasons why such recommendations or suggestions were not accepted. Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations, when appropriate, to alter the project as described in the Draft EIR as a result of an analysis of the comments received. 2010 City of Palm Desert Local Guidelines 7-20 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2 'IRONMENTAL IMPACT REPORT Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record. When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation (Form "M") to every agency, person, or organization that commented on the prior Draft EIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted pursuant to Local Guidelines Section 7.20 before certifying the EIR. When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that, although their previous comments remain part of the administrative record, the final EIR will not provide a written response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised EIR. When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated. When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR. 7.28 CERTIFICATION OF FINAL EIR. Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the decisionmaking body regarding whether the Final EIR has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines. The Final EIR and Staff recommendation shall then be presented to the decisionmaking body. The decisionmaking body shall independently review and consider the information contained in the Final EIR and determine whether the Final EIR reflects its independent judgment. Before it approves the project, the decisionmaking body must certify and find that: (1) the Final EIR has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines; (2) the Final EIR was presented to the decisionmaking body and the decisionmaking body reviewed and considered the information contained in the Final EIR before approving the project; and (3) the Final EIR reflects the City's independent judgment and analysis. Except in those cases in which the City Council is the final decisionmaking body for the project, any interested person may appeal the certification or denial of certification of a Final EIR to the City Council. Appeals must follow the procedures prescribed by the City. 2010 City of Palm Desert Local Guidelines 7-22 ©Best Best&Krieger LLP Local Guidelines for implementing the California Environmental Quality Act 12 'IRONMENTAL IMPACT REPORT When making the findings required by this Section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. 7.31 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code Section 25532(j); and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not certify an EIR or approve a Negative Declaration unless it makes a finding that: (a) The City, as Lead Agency, consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and (b) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration. Implementation of this Local Guideline shall be consistent with the definitions and terms utilized in State Guidelines section 15186. Additionally, in its role as a Responsible Agency, the City should be aware that for projects involving the acquisition of a school site or the construction of a secondary or elementary school by a school district, the negative declaration or EIR prepared for the project may not be adopted or certified unless there is sufficient information in the entire record to determine whether any boundary of the school site is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor. If it is determined that the project involves the acquisition of a school site that is within 500 feet of the edge of the closest traffic lane of a freeway, or other busy traffic corridor, the Negative Declaration or EIR may not be adopted or certified unless the school board determines, through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code and after considering any potential mitigation measures, that the air quality at the proposed project site does not present a significant health risk to pupils. 7.32 STATEMENT OF OVERRIDING CONSIDERATIONS. Before a project that has unmitigated significant adverse environmental effects can be approved, the decisionmaking body must adopt a Statement of Overriding Considerations. If the decisionmaking body finds in the Statement of Overriding Considerations that specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered"acceptable." 2010 City of Palm Desert Local Guidelines 7-24 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act f VIRONMENTAL IMPACT REPORT the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Draft EIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency's authority. When a project is of statewide, regional, or areawide significance, any transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City may impose a program to charge project proponents fees to cover actual costs of program processing and implementation. The City may delegate reporting or monitoring responsibilities to an agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. The City may choose whether its program will monitor mitigation, report on mitigation, or both. "Reporting" is defined as a written compliance review that is presented to the City Council or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. "Monitoring" is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures which may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance. At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs. Standardized policies or requirements for monitoring and reporting may describe, but are not limited to: (a) The relative responsibilities of various departments within the City for various aspects of the program; (b) The responsibilities of the project proponent; (c) Guidelines adopted by the City to govern preparation of programs; (d) General standards for determining project compliance with the mitigation measures and related conditions of approval; 2010 City of Palm Desert Local Guidelines 7-26 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act(: VIRONMENTAL IMPACT REPORT When a request is made for a copy of the Notice prior to the date on which the City approves the project, the copy must be mailed, first class postage prepaid, within five (5) days of the City's approval. If such a request is made following the City's approval of the project, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. The City is also encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty(180)day statute of limitations. 7.35 DISPOSITION OF A FINAL EIR. The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency. 7.36 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto. 7.37 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for an EIR is filed with the County or Counties in which the project is located, a fee of$2,792.25 shall be paid to the Clerk for projects which will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFG. Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: County Clerks are authorized to charge a documentary handling fee of up to $50.00 for each project in addition to the Fish and Game fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project. For private projects, the City should pass these costs on to the project applicant. 2010 City of Palm Desert Local Guidelines 7-28 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act( TYPES OF EIRS 8. TYPES OF EIRS 8.01 EIRs GENERALLY. This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Local Guidelines. 8.02 TIERING. "Tiering" refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The later EIR or Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project. An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined. Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or Negative Declaration. However, the level of detail contained in a first-tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the City prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the City shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. The City may use only a valid CEQA document as a first-tier document. Accordingly, the City should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first-tier document with caution and pay careful attention to the legal status of the document. If the first-tier document is subsequently invalidated, any later environmental document may also be defective. 8.03 PROJECT EIR. The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. 2010 City of Palm Desert Local Guidelines 8-1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(. TYPES OF EIRS When the City is considering approval of a development project which is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or substantial new information shows the effects peculiar to the parcel will be more significant than described in the prior EIR. 8.05 SUPPLEMENTAL EIR. The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8.04 have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decisionmaking body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A Supplemental EIR shall be given the same kind of notice and public review as is given to a Draft EIR but may be circulated by itself without recirculating the previous EIR. When the decisionmaking body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings shall be made for each significant effect identified in the Supplemental EIR. 8.06 ADDENDUM TO AN EIR. The City may choose to prepare an Addendum to an EIR, rather than a Subsequent or Supplemental EIR, only if none of the conditions described in Local Guidelines Section 8.04 or 8.05 calling for preparation of a Subsequent or Supplemental EIR have occurred and only minor technical changes or additions to the previous environmental document are necessary. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum. An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decisionmaking body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency's findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence. 8.07 STAGED EIR. When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity. 2010 City of Palm Desert Local Guidelines 8-3 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(: TYPES OF EIRS (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects; (b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole; or (c) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. The City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the City finds that no new effects could occur or no new mitigation measures would be required, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. (See Local Guideline Section 8.04.) 8.10 USE OF AN EIR FROM AN EARLIER PROJECT. A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained. 8.11 MASTER EIR. A Master EIR is an EIR which may be prepared for: (a) A general plan (including elements and amendments); (b) A specific plan; (c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; (g) A state highway or mass transit project subject to multiple reviews or approvals; or (h) A regional transportation plan or congestion management plan. A Master EIR must do both of the following: (a) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (b) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment. The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant 2010 City of Palm Desert Local Guidelines 8-5 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(: TYPES OF EIRS The Focused EIR must also examine the following: (a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows the effects may be more significant than described in the Master EIR; and (c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible. The Focused EIR need not examine the following effects: (a) Those that were mitigated through Master EIR mitigation measures; or (b) Those that were examined in the Master EIR in sufficient detail to allow project-specific mitigation or for which mitigation was found to be the responsibility of another agency. A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met: (a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five (5) years of the Focused EIR's certification; (b) The project does not require the preparation of a Subsequent or Supplemental EIR; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one-half mile of a rail transit station. A Focused EIR for these projects should be limited to potentially significant effects that are project-specific and/or which substantial new information shows will be more significant than described in the Master EIR. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth-inducing impacts of the project. (See State Guidelines Section 15179.5.) 8.13 SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS. An EIR for a redevelopment plan may be a Master EIR, Program EIR or Project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a Program EIR or a Project EIR. If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. The City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the City finds that no new effects could occur, no new mitigation measures would be required or that State Guidelines Sections 15162 and 15163 do not otherwise apply, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. 2010 City of Palm Desert Local Guidelines 8-7 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act( CEOA LITIGATION 9. CEQA LITIGATION 9.01 TIMELINES. When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed with the Court. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met. 9.02 ADMINISTRATIVE RECORD. A. Contents of Administrative Record. When the Lead Agency's CEQA finding(s) and/or action is challenged in a lawsuit, the Lead Agency must certify the administrative record that formed the basis of the Lead Agency's decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record: (1) All project application materials; (2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project; (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to this division; (4) Any transcript or minutes of the proceedings at which the decisionmaking body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decisionmaking body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; 2010 City of Palm Desert Local Guidelines 9-1 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act(2 CEOA LITIGATION (2) The Notice of Determination; (3) The resolutions or ordinances adopted by the lead agency approving the project; (4) The findings required by Public Resources Code section 21081, including any statement of overriding considerations; (5) The Final EIR, including the Draft EIR or a revision of the draft, all other matters included in the Final EIR (such as traffic studies and air quality studies), and other types of environmental documents prepared under CEQA, such as a negative declaration, mitigated negative declaration, or addenda; (6) The initial study; (7) Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the lead agency, in chronological order; (8) Transcripts and minutes of hearings, in chronological order; and (9) All other documents appropriate for inclusion in the administrative record, in chronological order. Each section listed above must be separated by tabs or marked with electronic bookmarks. Oversized documents (such as building plans and maps) must be presented in a manner that allows them to be easily unfolded and viewed. The court may issue an order allowing the documents to be organized in a different manner. 2010 City of Palm Desert Local Guidelines 9-3 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(. DEFINITIONS. 10.04 "Baseline" refers to the pre-project environmental conditions. By comparing the project's potential impacts to the baseline, the Lead Agency determines whether the project's impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence. 10.05 "Categorical Exemption" means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment. 10.06 "Census-Defined Place" means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census. 10.07 "CEOA" (the California Environmental Quality Act) means California Public Resources Code Sections 21000, et seq. • 10.08 "City" means the City of Palm Desert. 10.09 "Clerk" means either the "Clerk of the Board" or the "County Clerk" depending upon the county. Please refer to the "Index to Environmental Filing by County" in the Staff Summary to determine which applies. 1 0.1 0 "Community-Level Environmental Review" means either(1) or(2) below: (I) An EIR certified for any of the following: (a) A general plan, (b) A revision or update to the general plan that includes at least the land use and circulation elements, (c) An applicable community plan, (d) An applicable specific plan, (e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project. (2) A Negative Declaration or Mitigated Negative Declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan or specific plan, provided that the subsequent environmental review document is allowed by CEQA following a Master EIR or a Program EIR or is required pursuant to Public Resource Section 21166. 2010 City of Palm Desert Local Guidelines 10-2 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act( DEFINITIONS. 10.18 "Endangered, Rare or Threatened Species" means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is "Endangered" when its survival and reproduction in the wild are in immediate jeopardy from one or more cause, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is "Threatened" when it is listed as a threatened species pursuant to the California Endangered Species Act or the federal Endangered Species Act. A species or subspecies of animal or plant is "Rare" when either: (1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered "threatened"as that term is used in the Federal Endangered species Act. For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the federal Endangered Species Act. This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks). 10.19 "Environment" means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions. 10.20 "EIR" (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR. 10.21 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 10.22 "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 City to the comments received. 2010 City of Palm Desert Local Guidelines 10-4 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act(; DEFINITIONS. is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey. 10.26 "Infill Site" means a site in an urbanized area that meets either of the following criteria: (1) The site has been previously developed for qualified urban uses; or (2) The site has not been previously developed for qualified urban uses and both (a) and (b) are met: (a) the site is immediately adjacent to parcels that are developed with qualified urban uses, or 1. at least 75 percent of the perimeter of the site is adjacent to parcels that are developed with existing qualified urban uses at the time the Lead Agency receives an application for an approval; and 2. the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses. (b) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency. (Public Resources Code Section 21061.3.) 10.27 "Initial Study" means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. 10.28 "Jurisdiction by Law" means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project. The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects. 10.29 "Land Disposal Facility means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code Section 25199.1(d).) 10.30 "Large Treatment Facility" means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code Section 25205.1(d).) 2010 City of Palm Desert Local Guidelines 10-6 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act( DEFINITIONS. less during the morning and afternoon peak commute periods. (State Guidelines Section 15191(i).) 10.37 "Metropolitan Planning Organization" means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. The Census Bureau issued its list of qualifying Urbanized Areas based on population counts from the 2000 decennial Census. There are 18 federally-designated MPOs in California. Non-urbanized (rural) areas do not have a designated MPO. 10.38 "Military Impact Zone" means any area, including airspace, that meets both of the following criteria: (1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and (2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land. 10.39 "Military Service" means the United States Department of Defense or any branch of the United States Armed Forces. 10.40 "Ministerial" describes a governmental decision. involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested locations, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code Section 21080(b)(1).) 10.41 "Mitigated Negative Declaration" or "MND" means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made , or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. 10.42 "Mitigation" means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or 2010 City of Palm Desert Local Guidelines 10-8 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(. DEFINITIONS. permitted by federal law, the United States, or any of its agencies or political subdivisions. 10.52 "Private Project" means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City. Private projects will normally be those listed in subsections (2) and (3) of Local Guidelines Section 10.53. 10.53 "Project" means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following: (1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (2) A discretionary activity which involves a public agency's issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City. (3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps. The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project. The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project"does not mean each separate governmental approval. 10.54 "Project-Specific Effects" means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code Section 21065.3; State Guidelines Section 15191(j).) 10.55 "Public Water System" means a system for the provision of piped water to the public for human consumption that has 3000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State Guideline Section 15155.) 2010 City of Palm Desert Local Guidelines 10-10 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(, DEFINITIONS. If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record. 10.63 "State Guidelines" or "State CEOA Guidelines" means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.) 10.64 "Substantial Evidence" means reliable information on which a fair argument can be .based to support an inference or conclusion, even though another conclusion could be drawn from that information. "Substantial evidence" includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. "Substantial evidence" does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment. 10.65 "Sustainable Communities Strategy" is an element of a Regional Transportation Plan, which must be adopted by the Metropolitan Planning Organization for the region. (See Local Guidelines Section 10.37.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region's housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks. 10.66 "Tiering" means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is: (a) From a general plan, policy, or Program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR; (b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. (Public Resources Code Sections 21003, 21061 and 21100.) 10.67 "Transit Priority Project" means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified • 2010 City of Palm Desert Local Guidelines 10-12 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act I. DEFINITIONS. (2) An unincorporated area that meets both of the following requirements: (a) The unincorporated area is either: (i) completely surrounded by one or more incorporated cities, has a population of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and has a population density that at least equals the population density of the surrounding city or cities; or (ii) located within an urban growth boundary and has an existing residential population of at least five thousand (5,000) persons per square mile. An "urban growth boundary" means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side. (b) The board of supervisors with jurisdiction over the unincorporated area has taken all three of the following steps: 1. Prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and protects the environment, open space and agricultural areas; 2. Submitted the draft document to the Office of Planning and Research and allowed OPR thirty (30) days to submit comments on the draft finding to the board; and 3. At least thirty (30) days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document. (Public Resources Code Sections 21083, 21159.20- 21159.24; State Guidelines Section 15191(m).)) 10.71 "Urban Growth Boundary"means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary. 10.72 "Water Acquisition Plans" means any plans for acquiring additional water supplies prepared by the public water system or a city or county Lead Agency pursuant to subdivision(a) of section 10911 of the Water Code. 10.73 "Water Assessment" or "Water Supply Assessment" means the water supply assessment that must be prepared by the governing body of a public water system, or a city or county, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code. 2010 City of Palm Desert Local Guidelines 10-14 ©Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(: DEFINITIONS. 10.77 "Zoning Approval" means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property. 2010.City of Palm Desert Local Guidelines 10-16 ©Best Best&Krieger LLP TABLE OF CONTENTS Page 1. GENERAL PROVISIONS, PURPOSE AND POLICY 1-1 1.01 General Provisions 1-1 1.02 Purpose 1-1 1.03 Applicability 1-1 1.04 Reducing Delay and Paperwork 1-2 1.05 Compliance With State Law 1-3 1.06 Terminology 1-3 1.07 Partial Invalidity 1-3 1.08 Electronic Delivery of Comments and Notices 1-3 1.09 State Agency Furloughs 1-4 2. LEAD AND RESPONSIBLE AGENCIES 2-1 2.01 Lead Agency Principle 2-1 2.02 Selection of Lead Agency 2-1 2.03 Duties of a Lead Agency 2-1 2.04 Projects Relating to Development of Hazardous Waste and Other Sites 2-2 2.05 Responsible Agency Principle 2-3 2.06 Duties of a Responsible Agency 2-3 2.07 Response to Notice of Preparation by Responsible Agencies 2-4 2.08 Use of Final EIR or Negative Declaration by Responsible Agencies 2-4 2.09 Shift in Lead Agency Responsibilities 2-4 3. ACTIVITIES EXEMPT FROM CEQA 0 3-1 3.01 Actions Subject to CEQA 3-1 3.02 Ministerial Actions 3-1 3.03 Exemptions in General 3-2 3.04 Preliminary Exemption Assessment 3-2 3.05 Notice of Exemption 3-2 3.06 Disapproved Projects 3-2 3.07 Projects with No Possibility of Significant Effect 3-3 3.08 Emergency Projects 3-3 3.09 Feasibility and Planning Studies 3-3 3.10 Rates, Tolls, Fares and Charges 3-3 -i- TABLE OF CONTENTS (continued) Page 5.15 Consultation with Water Agencies Regarding Large Development Projects 5-9 5.16 Subdivisions with More Than 500 Dwelling Units 5-11 5.17 Impacts to Oak Woodlands 5-11 5.18 Climate Change And Greenhouse Gas Emissions 5-12 5.19 Energy Conservation 5-15 5.20 Environmental Impact Assessment 5-16 5.21 Final Determination 5-16 6. NEGATIVE DECLARATION 6-1 6.01 Decision to Prepare a Negative Declaration 6-1 6.02 Decision to Prepare a Mitigated Negative Declaration 6-1 6.03 Contracting for Preparation of Negative Declaration 6-1 6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration 6-1 6.05 Projects Affecting Military Services; Department of Defense Notification 6-3 6.06 Special Findings Required for Facilities Which May Emit Hazardous Air Emissions Near Schools 6-4 6.07 Posting and Publication of Negative Declaration or Mitigated Negative Declaration 6-4 6.08 Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse 6-5 6.09 Special Notice Requirements for Waste- and Fuel-Burning Projects 6-7 6.10 Consultation with Water Agencies Regarding Large Development Projects 6-8 6.11 Content of Negative Declaration 6-8 6.12 Types of Mitigation 6-8 6.13 Adoption of Negative Declaration or Mitigated Negative Declaration 6-8 6.14 Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration 6-9 6.15 Approval or Disapproval of Project 6-10 6.16 Recirculation of a Negative Declaration or Mitigated Negative Declaration 6-10 6.17 Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved 6-11 6.18 Addendum to Negative Declaration 6-12 6.19 Subsequent Negative Declaration 6-12 -iii- TABLE OF CONTENTS (continued) Page 7.29 Consideration of EIR Before Approval or Disapproval of Project 7-23 7.30 Findings 7-23 7.31 Special Findings Required for Facilities Which May Emit Hazardous Air Emissions Near Schools 7-24 7.32 Statement of Overriding Considerations 7-24 7.33 Mitigation Monitoring or Reporting Program for EIR 7-25 7.34 Notice of Determination 7-27 7.35 Disposition of a Final EIR 7-28 7.36 Private Project Costs 7-28 7.37 Filing Fees for Projects Which Affect Wildlife Resources 7-28 8. TYPES OF EIRS 8-1 8.01 EIRs Generally 8-1 8.02 Tiering 8-1 8.03 Project EIR 8-1 8.04 Subsequent EIR 8-2 8.05 Supplemental EIR 8-3 8.06 Addendum to an EIR 8-3 8.07 Staged EIR 8-3 8.08 Program EIR 8-4 8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations 8-4 8.10 Use of an EIR from an Earlier Project 8-5 8.11 Master EIR 8-5 8.12 The City May Develop a Fee Program to Fund the Costs of a Focused EIR 8-6 8.13 Special Requirements for Redevelopment Projects 8-7 9. CEQA LITIGATION 9-1 9.01 Timelines 9-1 9.02 Administrative Record 9-1 10. DEFINITIONS 10-1 10.01 "Agricultural Employee" 10-1 10.02 "Applicant" 10-1 10.03 "Approval" 10-1 -v- TABLE OF CONTENTS (continued) Page 10.35 "Low-Level Flight Path" 10-7 10.36 "Major Transit Stop" 10-7 10.37 "Metropolitan Planning Organization" 10-8 10.38 "Military Impact Zone" 10-8 10.39 "Military Service" 10-8 10.40 "Ministerial" 10-8 10.41 "Mitigated Negative Declaration" or"MND" 10-8 10.42 "Mitigation" 10-8 10.43 "Negative Declaration" or"ND" 10-9 10.44 "Notice of Completion" 10-9 10.45 "Notice of Determination" 10-9 10.46 "Notice of Exemption" 10-9 10.47 "Notice of Preparation" 10-9 10.48 "Oak" 10-9 10.49 "Oak Woodlands" 10-9 10.50 "Offsite Facility" 10-9 10.51 "Person" 10-9 10.52 "Private Project" 10-10 10.53 "Project" 10-10 10.54 "Project-Specific Effects" 10-10 10.55 "Public Water System" 10-10 10.56 "Qualified Urban Use" 10-11 10.57 "Residential" 10-11 10.58 "Responsible Agency" 10-11 10.59 "Significant Effect" 10-11 10.60 "Special Use Airspace" 10-11 10.61 "Staff' 10-11 10.62 "Standard" 10-11 10.63 "State Guidelines" or"State CEQA Guidelines" 10-12 10.64 "Substantial Evidence" 10-12 10.65 "Sustainable Communities Strategy" 10-12 -vii- PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) I. Name or description of project: 2. Project Location—Identify street address and cross streets or attach a map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. B. Other(Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency's Staff,having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's"Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: Staff: Preliminary Exemption Assessment\2010 FORM"A" ENVIRONMENTAL IMPACT ASSESSMENT (STAFF RECOMMENDATION FOR INTERNAL USE ONLY) 1. Name or description of project: 2. Project Location—Identify street address and cross streets or attach a map showing project site(preferably a USGS 15'or 7 1/2' topographical map identified by quadrangle name): • 3. Entity or Person undertaking project: A. B. Other(Private) (I) Name: (2) Address: 4. Staff Determination: The Lead Agency's staff,having undertaken and completed an Initial Study of this project in accordance with the Lead Agency's"Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"for the purpose of ascertaining whether the proposed project may have a significant effect on the environment,has reached the following conclusion: a. ❑ The project could not have a significant effect on the environment;therefore,a Negative Declaration should be adopted. b. ❑ The Initial Study identified potentially significant effects on the environment but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects,or mitigate the effects to a point where clearly no significant effects would occur;therefore a Mitigated Negative Declaration should be adopted. c. ❑ The project may have a significant effect on the environment;therefore,an Environmental Impact Report will be required. Date: Staff: Environmental Impact Assessment\2010 FORM"C" The Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: Date: Time: If the Lead Agency finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration/Mitigated Negative Declaration. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: Staff (Clerk Stamp Here) Title NOI to Adopt Neg.Dec.,Mit.Neg. Dec.\20I0 2 FORM"D" NOTICE OF DETERMINATION TO: 0 Clerk of the Board of Supervisors FROM: Lead Agency: or Address: ❑ County Clerk Contact: County of: Phone: Address: TO: ❑ Office of Planning and Research P.O.Box 3044,Sacramento,CA 95812-3044 ❑ 1400 Tenth Street(overnight or hand delivery) Sacramento,California 95814 SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: State Clearinghouse Number Contact Person: Telephone Number: (If submitted to SCH): Specific Project Location—Identify street address and cross street or attach a map showing project site(preferably a USGS 15'or 71' topographical map identified by quadrangle name): General Project Location(City and/or County): Project Description: This is to advise that the(❑Lead Agency or ❑ Responsible Agency) approved the above described project on: and made the following determinations: I. ❑ i The project will have a significant effect on the environment. ❑ The project will NOT have a significant effect on the environment 2. ❑ j An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ ; A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. ❑ j Mitigation measures were made a condition of the approval of the project. ❑ Mitigation measures were NOT made a condition of the approval of the project. • Notice of Determination\2010 1 FORM"F' NOTICE OF PREPARATION TO: [Insert Responsible Agency or Trustee Agency] FROM: [Insert Address] SUBJECT: Notice of Preparation of a Draft Environmental Impact Report. The [INSERT AGENCY NAME] will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The Project description,location,and the probable environmental effects are contained in the attached materials. ❑ A copy of the Initial Study IS attached. ❑ A copy of the Initial Study IS NOT attached. • ❑ The proposed project IS considered a project of statewide,regional or areawide significance. ❑ The proposed project IS NOT considered a project of statewide,regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ❑ The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ❑ A scoping meeting WILL be held by the lead agency. ❑ A scoping meeting WILL NOT be held by the lead agency. Notice of Preparation\2010 l FORM"G" NOTICE OF CO .ETION & ENVIRONMENTAL DOCUME TRANSMITTAL SCH No.: For U.S. Mail: State Clearinghouse, PO Box 3044, Sacramento,CA 95812-3044 For Hand Delivery and Overnight Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 (916)445-0613 PROJECT TITLE LEAD AGENCY CONTACT PERSON STREET ADDRESS TELEPHONE (If no street address is available,attach a map showing project site(preferably a U.S.G.S.15'or 7 Yz'topographical map identified by quadrangle name.) CITY ZIP CODE COUNTY PROJECT LOCATION COUNTY CITY/NEAREST COMMUNITY LAT./LONG.: "N/ "W CROSS STREETS ZIP CODE TOTAL ACRES ASSESSOR'S PARCEL NO. SECTION TOWNSHIP RANGE BASE WITHIN 2 MILES: STATE HIGHWAY NO. WITHIN 2 MILES: WATERWAYS WITHIN 2 MILES: AIRPORTS WITHIN 2 MILES: RAILWAYS WITHIN 2 MILES: SCHOOLS DOCUMENT TYPE CEQA NEPA OTHER ❑ NOP ❑ Supplement to EIR ❑ NOI 0 Joint Document ❑ Early Cons ❑ Subsequent EIR 0 EA 0 Final Document ❑ Neg Dec 0 (Prior SCH No.): 0 Draft EIS ❑ Other: ❑ Mit Neg Dec 0 Other: 0 FONSI ❑ Draft EIR LOCAL ACTION TYPE ❑ General Plan Update 0 Specific Plan 0 Rezone 0 Annexation ❑ General Plan Amendment 0 Master Plan 0 Prezone 0 Redevelopment O General Plan Element 0 Planned Unit Development 0 Use Permit 0 Coastal Permit O Community Plan 0 Site Plan 0 Land Division(Subdivision, 0 Other: etc.) DEVELOPMENT TYPE ❑ Residential: Units: Acres: 0 Water Facilities: Type: MGD: ❑ Office: Sq.ft. Acres: Employees: ❑ Transportation: Type: ❑ Commercial: Sq.ft. Acres: Employees: 0 Mining: Mineral: ❑ Industrial: Sq.ft. Acres: Employees: 0 Power: Type: MW: ❑ Educational: 0 Waste Treatment: Type: O Recreational: ❑ Hazardous Waste: Type: 0 Other: Notice of Completion--Environmental Doc.Transmitta1\2010 1 FORM"H" Local Public Review Period(to be filled in by lead a ): Starting Date: Ending Date: Lead Agency(Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: Applicant: Address: City/State/Zip: Phone: Signature of Lead Agency Representative: Date: For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: Notice of Completion--Environmental Doc.Transmitta1\2010 3 FORM"H" 16. If residential, include the r er of units,schedule of unit sizes,range of si prices or rents and type of household size expected. Y 17. If commercial, indicate the type, whether neighborhood,city or regionally oriented,square footage of sales area and loading facilities. 18. If industrial, indicate type,estimated employment per shift and loading facilities. 19. If institutional, indicate the major function,estimated employment per shift,estimated occupancy,loading facilities and community benefits to be derived from the project. 20. If the project involves a variance,conditional use or rezoning application,state this and indicate clearly why the application is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes(attach additional sheets as necessary). YES NO ❑ ❑ 21. Change in existing features of any bays,tidelands,beaches,lakes,hills or substantial alteration of ground contours. ❑ ❑ 22. Change in scenic views or vistas from existing residential areas or public lands or roads. ❑ ❑ 23. Change in pattern,scale or character of general area of project. ❑ ❑ 24. Significant amounts of solid waste or litter. ❑ ❑ 25. Change in dust,ash,smoke,fumes or odors in vicinity. ❑ ❑ 26. Change in ocean,bay, lake,stream or ground water quality or quantity,or alteration of existing drainage patterns. ❑ ❑ 27. Substantial change in existing noise or vibration levels in the vicinity. ❑ ❑ 28. Site on filled land or on slope of 10 percent or more. ❑ ❑ 29. Use or disposal of potentially hazardous materials,such as toxic substances,flammables or explosives. ❑ ❑ 30. Substantial change in demand for municipal services(police,fire, water,sewage,etc.). ❑ ❑ 31. Substantial increase in fossil fuel consumption(electricity,oil,natural gas,etc.). ❑ 0 32. Relationship to a larger project or series of projects. ❑ ❑ 33. Has a prior environmental impact report been prepared for a program. plan. policy or ordinance consistent with this project? ❑ ❑ 34. If you answered yes to question 33,may this project cause significant effects on the environment Environmental Information Form\22010 2 FORM"I" INITIAL STUDY NOTE: The following is a sample form and may be tailored to satisfy project circumstances. It may be used to meet the requirements for an initial study when the criteria set forth in the State and Local CEQA Guidelines have been met. Substantial evidence of potential impacts that are not listed on this form must also be considered. The sample questions in this form are intended to encourage thoughtful assessment of impacts, and do not necessarily represent ' thresholds of significance. 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. General Plan Designation: 7. Zoning: 8. • Description of Project: (Describe the whole action involved, including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.) 9. Surrounding Land Uses and Setting: (Brietly describe the project's surroundings.) 10. Other public agencies whose approval is required(e.g.,permits,financing approval,or participation agreement): ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources Ei Air Quality 0 Biological Resources ❑ Cultural Resources 0 Geology/Soils 0 Greenhouse Gas Emissions 0 Hazards&Hazardous Materials 0 Hydrology/Water Quality Land Use/Planning 0 Mineral Resources 0 Noise Population/Housing 0 Public Services ❑ Recreation 0 Transportation/Traffic 0 Utilities/Service Systems ❑ Mandatory Findings of Significance Initial Study Form\\2010 Page 1 of 15 FORM"J" 5) Earlier analyses may be u: (here,pursuant to the tiering,program EIR,c ier CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case,a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached,and other sources used or individuals contacted le d 8) This co isc onlyshou a suggesteddbcite formin the,anddiscussion.lead agencies are free to use different formats;however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold,if any, used to evaluate each question;and b) the mitigation measure identified, if any,to reduce the impact to less than significance. SAMPLE QUESTION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact AESTHETICS. Would the project: a) Have a substantial adverse effect on ❑ ❑ a scenic vista? b) Substantially damage scenic 0 0 resources, including,but not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing � ❑ El visual character or quality of the site and its surroundings? d) Create a new source of substantial � ❑ E3 0 light or glare which would adversely affect day or nighttime views in the area? Initial Study Form\\2010 Page 3 of 15 FORM"J" L 'han Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact e) Involve other changes in the existing El ❑ El ❑ environment which,due to their location or nature,could result in conversion of Farmland,to non- agricultural use or conversion of forest land to non-forest use? • III. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct ❑ El El � implementation of the applicable air quality plan? b) Violate any air quality standard or El El El El contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively ❑ ❑ considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ � ❑ El substantial pollutant concentrations? e) Create objectionable odors affecting 0 ❑ 0 a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, ❑ ❑ either directly or through habitat modifications,on any species identified as a candidate,sensitive, or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? Initial Study Form\\2010 Page 5 of 15 FORM"J" L han Significant_ Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact d) Disturb any human remains, El ❑ including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to � � 0 0 potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake ❑ ❑ fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, E including liquefaction? iv) Landslides? 0 0 b) Result in substantial soil erosion or � the loss of topsoil? c) Be located on a geologic unit or soil ❑ ❑ ❑ that is unstable,or that would become unstable as a result of the project,and potentially result in on- or off-site landslide, lateral spreading,subsidence,liquefaction or collapse? d) Be located on expansive soil,as � ❑ � defined in Table 18 1 B of the Uniform Building Code(1994), creating substantial risks to life or property? e) Have soils incapable of adequately 0 El � ❑ supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste • water? Initial Study Form\\2010 Page 7 of 15 FORM "J" • Lt han Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact f) Fora project within the vicinity of a El ❑ ❑ private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or El El El physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a ❑ ❑ significant risk of loss,injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards ❑ ❑ ❑ El or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing ❑ El El drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing 0 0 ❑ drainage pattern of the site or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Initial Study Form\\2010 Page 9 of 15 FORM"J" L han Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a 0 0 0 0 known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a ❑ ❑ locally-important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? XII. NOISE. Would the project result in: a) Exposure of persons to or generation ❑ of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation ❑ 0 � of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in � ❑ ❑ � ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ ❑ ❑ ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ � airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a 0 � ❑ private airstrip,would the project expose people residing or working in the project area to excessive noise levels? Initial Study Form\\2010 Page 11 of 15 FORM"J" L 'han Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact b) Does the project include recreational ❑ facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XVI. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, � � ❑ ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways,pedestrian and bicycle paths,and mass transit? b) Conflict with an applicable ❑ El ❑ congestion management program, including,but not limited to, level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ El El El patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due ❑ ❑ ❑ to a design feature(e.g.,sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? e) Result in inadequate emergency ❑ ❑ access? t) Conflict with adopted policies, ❑ � ' plans,or programs regarding public transit,bicycle,or pedestrian facilities,or otherwise decrease the performance or safety of such facilities? Initial Study Form\\2010 Page 13 of 15 FORM"J" Le han Signiticant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community,substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential El ❑ El to achieve short-term environmental goals to the disadvantage of long- term environmental goals? c) Does the project have impacts that El are individually limited,but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current project,and the effects of probable future projects.) d) Does the project have environmental El El effects which will cause substantial adverse effects on human beings, either directly or indirectly? • Initial Study Form\\2010 Page 15 of 15 FORM"J" fornia Department of Fish and Gal No Effect Determination Request Form To: DEPARTMENT OF FISH AND GAME Inland Desert Regional Office 3602 Inland Empire Boulevard,Suite C-220 Ontario,CA 91764 Information:(909)484-0167 FAX: (909)481-2945 http://www.dfg.ca.gov Environmental Review and Permitting 1416 Ninth Street,Suite 1260 Sacramento,California 95814 Date Submitted: CEQA Lead Agency: Lead Agency Contact Phone Number: Lead Agency Address: SCH Number or County Filing Number and local agency project/case number: CEQA Document Type(the type of document prepared for your project by the CEQA Lead Agency): Applicant Name and Contact Phone Number(if applicable): Applicant Address(if applicable): Project Title: Project Location(include the street address,lat/long,range/township/section, or other description that clearly indicates the location of the project site. Include an aerial or topographic map of the project site): Project Description(include details such as new construction[with square footage], demolition of existing buildings,adaptive reuse of existing buildings,zoning amendments,general plan amendments, conditional use for sale of alcoholic beverages,etc.) Use additional sheets if necessary: REQUEST FOR FEE EXEMPTION\-Inland Desert FORM "L" Region\2010 NOTICE OF RECIRCULATION To whom it may concern: You are receiving this notice because you commented on the Draft EIR for the following Project: Project Name: Project Description: Project Location—Identify street address and cross streets or attach a map showing project site I (preferably a USGS 15'or 7 1/2' topographical map identified by quadrangle name): The Draft EIR prepared for this project has been revised. ❑ The entire Draft EIR is being recirculated. Your prior comments remain part of the administrative record,but they are no longer applicable to the Draft EIR that is under consideration. The Final EIR will not provide a response to your prior comments. Should you wish to comment on the revised Draft EIR,you will need to submit new comments. ❑ Only the following chapters or portions of the Draft EIR have been revised,and only those parts of the revised Draft EIR are being recirculated: ❑ Your comments should be limited to those parts of the revised Draft EIR that are being recirculated. ❑ Your comments need not be limited to those parts of the revised Draft EIR that are being recirculated. Should you have any questions about this notice,please contact: Staff: Title: Telephone Number: E-Mail: Date Received for Filing: Staff (Clerk Stamp Here) Title Notice of Recirculation\2010 FORM"M" THIS IS A SAMPLE FORM AND SHOULD BE MODIFIED AS NECESSARY TO MEET THE NEEDS OF THE PARTICULAR PROJECT/CIRCUMSTANCE [Date] General Manager ABC Water District/Agency/Company 123 Main St. Anytown USA, 9xxxx Re: Water Supply Verification for Project within the City/County of Dear M(r/s.) [Subdivision proponent] has submitted to the [City or County] an application for tentative map (No. ##-##) for the following subdivision("Subdivision"): [insert project description] [City/County staff has determined that the application is complete. Pursuant to Government Code section 66455.3, we are enclosing a copy of the application.] [We have consulted with each other and have mutually agreed that your [District/Agency/Company] is a public water system that may provide water service to the Subdivision. We have also mutually agreed that the Subdivision is subject to the water supply verification requirements of the Subdivision Map Act.] Pursuant to Government Code section 66473.7(b)(1), [City or County] requests [District/Agency/Company] to submit a water supply verification for the Subdivision on or before , , which is within 90 days of the date of this request. Please contact me to confirm receipt of this request. Thank you for your cooperation in this matter. If you have any questions about this request, please contact me at your earliest convenience. [Name] [Title] WATER SUPPLY VERIFICATION REQUES112010 FORM "O"