HomeMy WebLinkAboutResolution 2011-84 - Amendment Local Guidelines for Implementing CEQACITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF ADOPTION OF AMENDED LOCAL
GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§
21000 ET SEQ.)
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
DATE: September 29, 2011
CONTENTS: Draft Resolution No.2011-84
Best Best & Krieger Memorandum Dated March 10, 2011
Staff Summary of the CEQA Evaluation Process
Recommendation:
That the City Council adopt Resolution No 2011-84 amending and adopting
Local Guidelines for implementing the California Environmental Quality Act
(Pub. Resources Code §§ 21000 Et Seq.)
Discussion:
Attached is a memorandum from Best Best & Krieger LLP outlining the changes in law
and incorporating amendments into the 2011 Local Guidelines for implementing the
California Environmental Quality Act (CEQA). The detailed guidelines are available for
use in the Department of Community Development and on file with the City Clerk.
Submitted by:
Tony agato
Principal Planner
Approval:
Department Head:
Lauri Aylaian
Director of Co unity Development
CITY COUNCIL OK
APPROVED bm" ,,, * ,y,.,,,M,..
RFFEIVED OTHER�..�....
A!0 "�r � , r MEETING D
M. Wohlmuth, Cit anager AYES:
NOES:
ABSENT:
ABSTAIN:
VERIFIED BY:
Original on File with City Clerk's Office
RESOLUTION NO.2011-84
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, 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 (2011 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council held on this day of 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
Memorandum
To:
Project 5 Clients
FROM:
Best Best & Krieger LLP
DATE:
March 10, 2011
RE:
2011 Summary of Changes to Local CEQA Guidelines
Important changes in the law have been incorporated into the 2011 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 agency will need, and any other important
legal alerts, please access the CEQA client portal at www.bbklaw.net/CEQA. For technical
support please contact Gar House at Gar.flousckii bbklaw. corn.
Public agencies are required to adopt implementing procedures for administering their
responsibilities under CEQA annually. 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.
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 2010 and January 2011. 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. THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING
ENVIRONMENTAL DOCUMENTS.
This new section was added in response to AB 2565 (Tom Ammiano, D-San Francisco)
which amended California Public Resources Code Section 21089. It authorizes a public agency
to charge and collect a reasonable fee from members of the public requesting a copy of an
environmental document, so long as the fee does not exceed the cost of reproduction.
Consistent with the amendments to Section 21089, this section specifically states that the
public agency may provide the environmental document to the public in an electronic format or
in hard -copy form. The kinds of "environmental documents" that public agencies may seek
reproduction fees for include: Initial Studies, Negative Declarations, Mitigated Negative
y
Declarations, Draft and Final EIRs, and documents prepared as a substitute for an EIR, Negative
Declaration, or a Mitigated Negative Declaration.
Despite having the discretion to determine how to distribute environmental documents,
public agencies may choose to provide documents in both hard copy and electronic form since
many people do not have access to electronic formats. Additionally, because Section 21089
specifically states that the fee charged for reimbursement cannot exceed the cost of reproducing
the document, public agencies may be limited to charging for the direct cost of producing a copy
of a record in either hard copy or electronic format and probably cannot charge for staff time
associated with reproducing the environmental document. Litigation expenses, costs, and fees
incurred during CEQA lawsuits are not recoverable under this section.
SECTION 1.10. STATE AGENCY FURLOUGHS.
Last year, this section was added in response to Executive Order S-13-09 which
established furlough days for the courts and state offices. Since the Executive Order was issued,
the furloughs have been alternately rescinded and then reinstated and extended several times.
The use of furlough days will probably be continued by both state and local agencies; however,
the exact details are subject to change, therefore, this section has been revised to caution public
agencies to check with state agencies and their own attorneys to obtain the most up-to-date
information and ensure compliance with deadlines impacted by state agency furloughs.
SECTION 3.15. TRANSIT PRIORITY PROJECT.
Amendments were made to this section to clarify that transit priority projects that are
consistent with the general use designation, density, building intensity, and applicable policies
specified for the project area in either a Sustainable Community Strategy or an alternative
planning strategy may be exempt from CEQA.
Minor changes were also made to this section to clarify that a Transit Priority Project that
has incorporated all feasible mitigation measures, performance standards or criteria set forth in a
prior environmental impact report may be eligible for streamlined environmental review.
Additionally, 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. However, impacts from other sources of
greenhouse gas emissions would still need to be analyzed.
SECTION 4.07. WAIVER OR SUSPENSION OF TIME PERIODS.
This section was amended to clarify that an unreasonable delay by an applicant in
meeting the Lead Agency's requests related to the preparation of a Mitigated Negative
Declaration, as well as a Negative Declaration or Environmental Impact Report, shall suspend
the running of those deadlines requiring a Lead Agency to take action on a project within a
specified time period.
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SECTION 5.06. CONTENTS OF INITIAL STUDY.
Subsection (b) was amended to explain that the environmental setting is usually the
existing physical environmental conditions in the vicinity of the project, as they exist at the time
the Notice of Preparation is published, or if no Notice of Preparation is published, such as in the
case of a Negative Declaration or Mitigated Negative Declaration, at the time environmental
analysis begins. The revised section goes on to explain that the discussion of the environmental
setting should describe both the project site and surrounding properties. The description should
include, but not necessarily be limited to, a discussion of existing structures, land use, energy
supplies, topography, water usage, soil stability, plants and animals, and any cultural, historical,
or scenic aspects. Although this environmental setting will normally constitute the baseline
physical conditions against which a Lead Agency may compare the project to determine whether
an impact is significant, in certain limited circumstances, a Lead Agency may identify a different
baseline. Such situations should be identified on a case -by -case basis and are not specified in
these Local Guidelines.
Subsection (c) was also amended to clarify that the brief explanation of potential
environmental impacts contained in the initial study may reference an earlier Mitigated Negative
Declaration. A reference to an earlier document should include a citation to the page or pages
where the information is found.
SECTION 5.08. EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS.
In response to AB 231 and SB 1456 which amended Public Resources Code Section
21094, this section adds additional information to subsection (e). The new information explains
that a Lead Agency may conclude 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 (including, but not limited to, water quality control plan, air
quality attainment or maintenance plan, integrated waste management plan, habitat conservation
plan, natural community conservation plan, plans or regulations for the reduction of greenhouse
gas emissions) that provides specific requirements that will avoid or substantially lessen the
cumulative problem.
SECTION 5A6. SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS.
This section was revised to include a reference to Form "O", a sample water supply
verification request. Additionally, this section was revised to clarify that a city or county may
request such verification from the water supplier.
SECTION 5.18. CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS.
This section has been rewritten to clarify the recent changes to CEQA regarding the
analysis of greenhouse gases.
Subsection A "Estimating or Calculating the Magnitude of the Project's Greenhouse Gas
Emissions" replaces the previous section titled , "Lead Agency Retains Discretion to Choose
Model or Methodology." The amendments to this section explain that the Lead Agency has the
discretion to determine the appropriate method or methodology for analyzing greenhouse gas
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emissions for each particular project. Further, the Lead Agency is not required to use the same
model or methodology in every instance, but should explain the choice and limitations of the
model or methodology in the record of proceedings. In performing an analysis of greenhouse
gas emissions, the Lead Agency may perform a quantitative analysis, rely on a qualitative
analysis or performance based standards, or use a combination of quantitative and qualitative
analysis as appropriate for the project.
Subsection B has been retitled, "Factors in Determining Significance." Additional
guidance has also been added to this section to assist Lead Agencies in determining the
significance of greenhouse gas impacts. In particular, the new guidance explains how to
establish the baseline and when a Lead Agency can rely on standards established by other
agencies.
A new Subsection C "Consistency with Applicable Plans" has been added. This new
section explains that when an EIR is prepared, it must discuss any inconsistencies between the
proposed project and any applicable general plan, specific plans, and regional plans. This
includes, but is not limited to, any applicable air quality attainment plans, regional blueprint
plans, or plans for the reduction of greenhouse gas emissions.
Subsection D "Mitigation Measures Related to Greenhouse Gas Emissions" has been
revised to clarify that off -site measures, including offsets that are not otherwise required, may be
used to mitigate a project's greenhouse gas emissions
As explained in the 2010 Local CEQA Guidelines, Lead Agencies considering certain
residential, mixed use and transit priority projects may conduct a limited review of greenhouse
gas emissions or may be exempted from analyzing global warming impacts that result from cars
and light duty trucks, if a detailed list of requirements is met. Subsection E "Streamlined
Analysis of Greenhouse Gas Emissions" has been revised in the 2011 Local CEQA Guidelines to
clarify that although these projects may be streamlined under specific circumstances, unless they
are exempt from CEQA, the Lead Agency must still consider whether they will result in
greenhouse gas emissions from other sources, including, but not limited to, energy use, water
use, and solid waste disposal.
Subsection G "Plans for the Reduction of Greenhouse Gases", has been revised to clarify
that a plan for the reduction of greenhouse gas emissions may be used in the cumulative impacts
analysis of later projects if it was adopted following the certification of an EIR or the adoption of
another environmental document, such as a Negative Declaration or Mitigated Negative
Declaration.
CEQA requires that where an EIR is prepared for a project, the EIR shall analyze any
significant environmental effects the project might cause by bringing development and people
into the project area that may be affected by climate change. Subsection H "Analyzing the
Effects of Climate Change on the Project" was added to explain that this requirement applies to
the discussion of greenhouse gases. In particular, an EIR should evaluate any potentially
significant impacts of locating development in areas susceptible to hazardous conditions, or areas
that have significant greenhouse gas emissions. This analysis may be limited by the project's life
!ZE
in relation to the potential of such effects to occur and the availability of existing information
related to potential future effects of climate change.
SECTION 6.03. CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION OR
MITIGATED NEGATIVE DECLARATION.
Frequently in CEQA related literature, the term Negative Declaration is used to refer to
both a Negative Declaration and a Mitigated Negative Declaration, but this can cause confusion.
This section was revised to clarify that the requirements for entering into a contract for the
preparation of a Negative Declaration also apply to the preparation of a Mitigated Negative
Declaration.
SECTION 6.04 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED
NEGATIVE DECLARATION.
Consistent with the amendments to Public Resources Code Section 21089, this section
was revised to explain that the Lead Agency may charge a reasonable fee for providing notices if
it is not otherwise required by CEQA or another regulation to provide the copies.
SECTION 6.08. SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE
DECLARATION TO STATE CLEARINGHOUSE.
The decision -making body may designate by resolution or ordinance an individual
authorized to request a shorter review period. A reference to Form "P" - a template for
requesting a shorter review — was added to this section.
A reference to Form "Q" — electronic document submittal — was also added to this
section.
SECTION 6.21. FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES.
This section was revised to reflect the updated 2011 Fish and Game fees. For a Negative
Declaration or a Mitigated Negative Declaration, the new fling fee is $2,044. For an
Environmental Impact Report, the new filing fee is $2,839.25. For an environmental document
pursuant to a Certified Regulatory Program, the filing fee is $965.50.
SECTION 7.15. CONSIDERATION AND DISCUSSION OF SIGNIFICANT ENVIRONMENTAL
IMPACTS.
Language was added to this section explaining that an irreversible commitment of
resources may include a discussion of how the project preempts future energy development or
future energy conservation.
SECTION 7.16. ANALYSIS OF CUMULATIVE. IMPACTS.
This section was amended to reflect revisions to Public Resources Code Section 21094.
Specifically, recent legislative changes clarified that if a Lead Agency determines that a
cumulative effect has been adequately addressed in an earlier EIR, it need not be examined in a
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later EIR if the later project's incremental contribution to the cumulative effect is not
cumulatively considerable. A cumulative effect has been adequately addressed in the prior EIR
if.
(1) it has been mitigated or avoided as a result of the prior EIR; or,
(2) the cumulative effect has been examined in a sufficient level of detail to
enable the effect to be mitigated or avoided by site -specific revisions, the
imposition of conditions, or other means in connection with the approval
of the later project.
If the Lead Agency determines that the cumulative effect has been adequately addressed
in a prior EIR, it should clearly explain how in the current environmental documentation for the
project. This change to CEQA will only remain in effect until January 1, 2016 unless it is
extended.
SECTION 7.17. ANALYSIS OF MITIGATION MEASURES.
This section was revised to clarify that mitigation measures may specify performance
standards which would mitigate the significant effects of the project and which may be
accomplished in more than one specified way where: (1) the measures address the kind of
impacts for which mitigation is known to be feasible; and (2) the measures are proposed early in
the environmental review process.
SECTION 7.21. SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE
This section was amended to explain how a Lead Agency may submit the Notice of
Completion and Draft EIR to the Office of Planning and Research ("OPR"). Minimally, the
Lead Agency must submit fifteen (15) copies of the Draft EIR to OPR. The Lead Agency may
choose to submit hardcopies of the entire document or hardcopies of the document summary
along with electronic copies.
SECTION 7.23. TIME FOR REVIEW OF DRAFT EIR; FAILURE TO COMIVIENT
This section now contains a reference to the new Shortened Review Request Form "P."
SECTION 7.33. USING A PREVIOUSLY PREPARED STATEMENT OF OVERRIDING
CONSIDERATIONS.
In response to recent legislation, Public Resources Code Section 21094 was amended to
allow a Lead Agency to use a previously adopted Statement of Overriding Considerations
prepared for a prior project in approving a later project. Section 7.33 was added to explain that
to "tier off ' of the previous Statement of Overriding Considerations, the Lead Agency must first
determine that the significant environmental effects of the later project are not greater than or
different from those identified in the EIR prepared in conjunction with the previous Statement of
Overriding Considerations. This procedure for tiering will sunset on January 1, 2016 unless it is
extended by the California Legislature.
SECTION 7.38. FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES.
This section was updated to reflect the 2011 Fish and Game tiling fees.
SECTION.8.02. TIERING.
This section was revised to explain that a Lead Agency may also tier off of a previously
prepared Statement of Overriding Considerations if certain conditions are met.
SECTION 9.01. TIMELINES.
This section was revised to address the litigation provision added to Public Resources
Code Section 21169.11 by SB 1456. This section explains that CEQA and the Code of Civil
Procedure also allow parties to seek sanctions for frivolous CEQA claims and CEQA counsel
can help assess the merits of the lawsuit. A "frivolous claim" is defined as "totally and
completely without merit." Under Section 21169.11, a court may impose sanctions of up to
$10,000 on a party making a frivolous claim in the course of an action brought under CEQA on
or before December 31, 2015.
SECTION 9.02. MEDIATION AND SETTLEMENT.
This new section was added in response to recent legislation amending Section 66032 of
the Government Code to provide for a mediation and settlement procedure for CEQA lawsuits.
If a CEQA lawsuit is filed and is in mediation, the mediation attempt is intended to occur
concurrently with the litigation. This means that a public agency will be required to comply with
all existing litigation timelines and requirements (for example, preparing and lodging the
administrative record) while simultaneously conducting mediation, unless the parties enter into
an alternate agreement that is approved by the court.
The amendments to the Government Code also provide for a mediation period before a
lawsuit is ever filed in a court. Under the amendments to Section 66032, a potential petitioner
may file a request for mediation - without first tiling a lawsuit - within five (5) business days of
the filing of a Notice of Determination ("NOD") or a Notice of Exemption ("NOE"). The Lead
Agency then has five (5) business days to respond the request. If the Lead Agency does not
respond, the request is deemed denied. If the parties agree to mediation, the statute of limitations
for filing the CEQA suit is tolled, or frozen, for the duration of the mediation.
CHAPTER 12. COMMON ACRONYMS.
This new chapter identifies and spells out some of the most common acronyms in CEQA.
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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 "P". Under certain circumstances, a shortened review period of as few as twenty
(20) days may be approved by the State Clearinghouse as provided for in State Guidelines
Section 15105. The "Shortened Review Request Form" was added to facilitate requests for a
shorter public review period.
Form " ". Fifteen (15) copies of this document maybe included when a Lead Agency
is submitting electronic copies of Environmental Impact Reports, Negative Declarations,
Mitigated Negative Declarations, or Notices of Preparation to the State Clearinghouse. The State
Clearinghouse will still accept other summaries, such as an EIR summary prepared pursuant to
CEQA Guidelines Section 15123, attached to the electronic copies of the document.
County Contact Chart. The chart identifying county contacts and notice filing
procedures has been updated for 2011. Significantly, all counties require a "wet" signature.
Thus, fax filings are no longer accepted by any county. Other changes to specific counties are
identified in the memo attached to the new county contact chart.
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
93939.00005\5887596.1
Local Guidelines for Implementing the
California Environmental Quality Act (2011)
Memorandum
To: Project 5 Clients
FROM: Best, Best & Krieger LLP
DATE: March 10, 2011
Staff Summary of the
CEQA Evaluation Process
RE: Staff Summary of the CEQA Process and Environmental Filing by
County
I. Introduction
Attached are two charts designed to help facilitate the CEQA process. The first chart
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.
The second chart summarizes the procedures for filing CEQA documents. Below, some
of the more significant changes made by individual counties in 2011 are summarized. Please
note that counties may change their policies periodically during the year.
county.
$2,044.
II. Summary of Changes for Environmental Filing by County
Applicable to All Counties
All counties require a "wet" signature. Thus, fax filings are no longer accepted by any
Statewide Fish and Game Fees
The fees have increased.
For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is
For an Environmental Impact Report, the new filing fee is $2,839.25.
For an environmental document pursuant to a Certified Regulatory Program, the Fling
fee is $965.50.
Almador County
The major change in this county's filing procedure is that they are now closed every
Friday. Please note that although the recorder's office is open until 5 pm, environmental filings
are only accepted until 3:30 pm.
_i_ (0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201 1)
Contra Costa County
Staff Summary of the
CEQA Evaluation Process
More of a minor change, but noteworthy nonetheless, the clerk's office hours have now
changed to Monday through Friday from 8 am until 4 pm.
Fresno County
There is a new contact number for the county clerk. Please also note the change in office
hours, which are Monday through Friday, 8:30 am — 12 pm and 1 pm — 4 pm.
Kern Countv
The clerk handling fee for Kern county has increased to $50. - The clerk now also requires
an original of the environmental document with three (3) copies.
Madera County
The major change for this county is that they now recognize furlough days. Please visit
the county clerk's website at: http://www.madera-county.com/countyclerk/clerk for a list of the
furlough days.
Marin County
The clerk's office has moved to room 234. Please also note the new contact number:
415/449-6415.
Mendocino County
The clerk's phone number has changed to 209/463-4376.
Merced County
The clerk's phone number has changed to 209/385-7501.
Riverside County
The Riverside county clerk no longer accepts filings on Fridays. The physical address of
the clerk's office has also been provided.
Sacramento County
The filing fee has increased to $26. There is a new direct number to the county clerk's
office: 916/874-1645. Please note that although the clerk's office is open until 5 pm, if the
environmental document is submitted after 3 pm, it will not be recorded until the next day.
-li- �C 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201 1)
San Francisco County
Staff Summary of the
CEQA Evaluation Process
Although the Planning Department is involved in the environmental document process,
environmental documents must be filed at the county clerk's office. The contact information as
well as the office hours of the clerk has been provided in the attached chart.
San Joaquin County
The county clerk has a new address. They are now located at 44 N. San Joaquin Street,
Suite 260, Stockton, California. A new phone number has also been provided in the attached
chart.
San Luis Obispo
The clerk handling fee has increased to $50.
Santa Clara County
The clerk now requires three (3) copies in addition to the original environmental
document.
Siskiyou County
The clerk now requires three (3) copies of the environmental document in addition to the
original document. Please also note that the clerk's office is closed from 12 pm to 1 pm for
lunch.
Tehama County
The clerk now requires three (3) copies in addition to the original environmental
document.
III. Conclusion
The attached chart contains the most up-to-date information regarding each county's
filing process. However, each county's filing process is subject to change without notice.
Before submitting an environmental document, it is advised to contact the county for which you
are filing to verify that their filing procedures are consistent with the information provided in the
chart.
-iii- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (2011)
Staff Summary of the
CEQA Evaluation Process
STAFF SUNINIARY 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 a
2.01, 2.02, 2.05
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 proposed
3.01, 10.53
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 State
3.01
Legislature.
(b) Continuing administrative or maintenance activities,
3.01
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 people in
3.01; 3.14
response to a petition drive initiated by voters, or the
enactment of a qualified voter -sponsored initiative
under California Constitution Art. 11, Section I I (a)
and Election Code Section 9214;
(d) The creation of government funding mechanisms
3.01
(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.
(f) Activities that do not result in a direct or reasonably
3.01
foreseeable indirect physical change in the
environment.
(g) Activities that the Lead Agency will be disapproving.
3.01; 3.06
(h) Activities that involve only ministerial, and no
3.02; 10.40
discretionary, action by the Lead Agency.
-1v- 0 2011 Best Best & Krieger
Local Guidelines for Implementing the
California Environmental Quality Act (201 1)
Staff Summary of the
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
If the activity meets any of these criteria, proceed to Step 4
and prepare a Notice of Exemption.
If the activity does not meet any of these criteria, it is a
project and CEQA may apply. Proceed to Step 3.
(3) Staff conducts a preliminary assessment of the project and
3.03, 3.04
determines whether the project is exempt from CEQA
review. The project is exempt if:
(a) It is covered by one of the statutory exemptions from
3.03, 3.08, 3.09, 3.10, 3.11,
CEQA.
3.12, 3.13, 3.14, 3.15, 3.16
(b) It is covered by one of the categorical exemptions
3.03, 3.17
and it is not subject to any of the exceptions to the
categorical exemptions.
(c) It is subject to the "common sense" exemption
3.07
because it can be seen with certainty that there is no
possibility that the project may have a significant
effect on the environment.
(4) If the activity is determined to be exempt, Staff should
3.04, 3.05
complete a Preliminary Exemption Assessment
(Form "A"). Once the Lead Agency approves the project,
Staff prepares a Notice of Exemption (Form "B"), which is
attached to the Preliminary Exemption Assessment. Staff
should follow the Notice of Exemption requirements set
forth in Section 3.05 of the Local Guidelines and file the
Notice of Exemption with the County.
If Staff s preliminary assessment of the project determines
4.02, 5.01, 5.05
that it is not exempt, an Initial Study must be prepared to
determine what type of CEQA document is required for
the project. Proceed to Step 5.
(5) If the activity qualities as a project and is not exempt, an
5.01
Initial Study must be prepared to determine the appropriate
type of environmental documentation.
_V_ -) 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201 1)
Staff Summary of the
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
(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 agency
See 5.15 and 5.16 for the
that will supply water to the project must provide
criteria triggering this
information about the project's water supply impacts.
requirement.
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. If
5.01, 5.05, 5.06, 5.07
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 may
5.08, 5.20
choose to prepare an Environmental Impact
Assessment (Form "C") for internal use only.
(e) Relying on the Initial Study and the Environmental
5.20
Impact Assessment (if one was prepared), Staff
recommends to the decision -making body what type
of environmental document will be prepared for the
project.
-vi- c0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
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Staff Summary of the
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
(I) If Staff concludes that the project will not
5.19
have a significant effect on the environment,
then it must recommend that a Negative
Declaration be prepared.
Proceed to Step 6.
(II) If Staff concludes that all of the project's
5.20
potentially significant environmental effects
have been avoided or mitigated below a level
of significance, then it must recommend that
a Negative Declaration or Mitigated Negative
Declaration be prepared. All of the
mitigation measures relied upon to support
this conclusion should be included in the
Initial Study analysis.
Proceed to Step 6.
(III) If Staff concludes that the project could or
5.20
may have a significant effect on the
environment, it must recommend that an
Environmental Impact Report be prepared.
Proceed to Step 7.
(6) When the Initial Study has confirmed that there is no
6.01, 6.02
substantial evidence to support a fair argument that the
project may have a significant environmental impact, the
Lead Agency must prepare a Negative Declaration or
Mitigated Negative Declaration.
(a) Staff prepares the proposed Negative Declaration
6.01, 6.02, 6.04
(Form "E") and a Notice of Intent to Adopt a
Negative Declaration/Mitigated Negative Declaration
(Form "D") and attaches these to the Initial Study.
-vii- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201
Staff Summary of the
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
(b) Staff determines the appropriate period of review.
6.04, 6.08
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 Negative
6.01, 6.02, 6.04, 6.07, 6.13
Declaration, the Lead Agency 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.
-viii- 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
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Staff Summary of the
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
If the decisionmaking body determines that there is
6.01, 6.02, 6.14
no substantial evidence in the record to support a fair
argument that the project could have a significant
environmental impact, it should adopt the Negative
Declaration/ Mitigated Negative Declaration. If the
decisionmaking body is adopting a Mitigated
Negative Declaration, it must also adopt a mitigation
monitoring or reporting program. In all cases, the
Lead Agency must specify the location and custodian
of the documents which constitute the record of its
proceedings.
If the Lead Agency finds, in light of the whole
record, that there is substantial evidence to support a
fair argument that the project may have a significant
effect on the environment, it must order the
preparation of an EIR. In this case, proceed to Step
7.
MOTION:
Move that the Lead Agency find in light of the whole
record that the project will not have a significant
effect on the environment, the Negative
Dec laration/Mitigated Negative Declaration reflects
the independent judgment of the Lead Agency, and
the Negative Declaration/Mitigated Negative
Declaration and the mitigation monitoring and
reporting program (if there is one) be adopted as
proposed by Staff. The Resolution should identify
the custodian of the records that constitute the Lead
Agency's record of proceedings for this action.
(e) After the decisionmaking body has adopted the
6.15
Negative Dec laration/Mitigated Negative
Declaration, it can consider whether to approve or
disapprove the project.
-ix- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality .Act (201 1)
Staff Summary of the
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
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 project,
6.17, 6.21 DFG Filing Fee
Staff prepares and files a Notice of Determination
Guideline
(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.
-x- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (2011)
Staff Summary of the
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
(b) If an Environmental Impact Report ("EIR") is
7.03
required, the Lead Agency must give the public
notice that it will be preparing an EIR. The Lead
Agency does this by preparing and distributing a
Notice of Preparation (Form "G"). The Notice of
Preparation may be attached to the Initial Study, if
the Lead Agency finds this useful.
The Notice of Preparation must be posted in the
7.03
office of the Clerk for each county in which the
project is located for at least thirty (30) days.
The Notice of Preparation also must be sent to the
7.03, 7.04, 7.06
Office of Planning and Research, each Responsible
Agency and Trustee Agency involved with the
project, every federal agency involved in approving
or funding the project, and any affected military
agency that has requested notice in compliance with
Section 7.04 of the Local Guidelines.
The Lead Agency may also wish to distribute the
7.06
Notice of Preparation, or otherwise solicit comments,
from individuals or organizations Staff knows to be
interested in or have particular expertise relevant to
the project.
(c) Staff must determine whether a "scoping meeting"
7.06
will be held for this project. Distribution of the
Notice of Preparation and solicitation of comments is
one means of "scoping" the environmental issues to
be analyzed in the EIR. "Scoping" may also be
accomplished by conducting a "scoping meeting."
For most projects, scoping meetings are not required,
although they may be conducted at the Lead
Agency's discretion. See Section 7.06 for discussion
of scoping meetings.
(d) Staff must provide notice of the scoping meeting, if
7.03, 7.06
one will be conducted. The Notice of Preparation
form (Form "G") may be used for this purpose. The
Lead Agency should follow the Notice requirements
set forth in Section 7.06 of the Local Guidelines.
-xi- r0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201
Staff Summary of the
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
(e)
The Lead Agency must hold the scoping meeting as
7.06
soon as possible but not later than 30 days after a
meeting is requested.
(0
For certain large development projects, cities and
See 5.15 and 5.16 for the
counties must consult with water agencies. At the
criteria triggering this
city or county's request, the water supply agency
requirement
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 before the
7.03, 7.05, 7.10
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 file a
7.20, 7.21
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 7.20 of the Local Guidelines.
(i)
The Lead Agency must also give the public and local
7.20, 7.23
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.
-Xii- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
Califomia Environmental Quality Act (201
Staff Summary of the
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
(m) For EIRs that are not reviewed through the State
7.23
Clearinghouse process, the public review period must
be at least thirty (30) days and commences on the
date that the County Clerk posts the Notice.
For EIRs that are reviewed through the State
Clearinghouse process, the public review period must
be at least forty-five (45) days.
(The public review period and the state agency
review period may, but are not required to, begin and
end at the same time. The state agency review period
begins (day one) on the date that the State
Clearinghouse distributes the Draft EIR to state
agencies.)
(n) Comments on the Draft EIR are evaluated by Staff,
7.25, 7.26
responses are compiled, and a Final EIR is prepared.
(o) At least ten (10) days prior to certifying a Final EIR,
7.25
the Lead Agency must provide a written response to
any agency that has commented on the Draft EIR.
(p) In most cases, information will be added to the EIR
7.27
as part of the process of responding to comments.
The Lead Agency must determine whether this new
information is "significant" and thereby requires
recirculation of the EIR.
If so, Staff must issue a Notice of Recirculation
(Form "W) to every agency, person, or organization
that commented on the prior Draft EIR and
recirculate the document for public review for at least
as long as it was initially circulated. Return to Step
7(h).
If not, proceed to Step 7(q).
-Xiii- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201
Staff Summary of the
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
(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 Staff s 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 body
7.24
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.
-Xlv- �C) 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
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Staff Summary of the
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
(t) At the conclusion of the presentations, the Lead
7.24
Agency may open a public hearing to consider the
project. In general, CEQA does not require that the
Lead Agency conduct public hearings to consider
environmental documents. However, a public
hearing may be required by other laws that apply to
the type of project being considered for approval,
e.g., if the project includes a zone change or issuance
of a CUP, the Government Code requires that a
public hearing be conducted before the Lead Agency
takes action.
If a public hearing is conducted, the Lead Agency
should allow speakers to comment on the
environmental documents during the public hearing.
(u) After the public hearing is closed, the
7.28
decisionmaking body deliberates and considers
whether to certify the EIR. To certify the EIR, the
decisionmaking body must make the following
findings:
(I) the Final EIR was completed in compliance
7.28
with CEQA, the State Guidelines and the
Lead Agency's Guidelines;
(1I) the Final EIR was presented to the
7.28
decisionmaking body and the decisionmaking
body has reviewed and considered the
information contained in the Final EIR before
approving the project; and
(III) the Final EIR reflects the Lead Agency's
7.28
independent judgment and analysis.
-Xv- 0 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
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Staff Summary of the
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
(v) The decisionmaking body must also make findings as
7.30, 7.31, 7.32, 7.33, 7.34
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 findings
7.29, 7.35
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 (Form "F").
7.36, 7.37, 7.38
The Lead Agency should follow the Notice of
Determination and DFG filing fee requirements set
forth in Sections 7.35, 7.37, and 7.38 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.
-Xvi- C 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (2011)
Staff Summary of the
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
(a) For private projects, the Responsible Agency may
2.06, 5.02
require the project proponent to provide the
Responsible Agency with such information as the
Responsible Agency may require to review the
environmental documents. The Responsible Agency
may also require the proponent of a private project to
reimburse the Responsible Agency for all costs
incurred by it in fulfilling its obligations under
CEQA.
(b) To assist a Lead Agency in preparing adequate
2.07, 5.02, 7.06
environmental documents, the Responsible Agency
should respond when a Lead Agency seeks
comments on the appropriate type of environmental
document or on the scope of the EIR.
Within thirty (30) days of receiving a Notice of
2.07, 7.03, 7.06
Preparation of an EIR, the Responsible Agency
should inform the Lead Agency of any comments it
has on the scope and content of the environmental
information on those topics that pertain to the
Responsible Agency's area of statutory responsibility
in connection with the proposed project. The
Responsible Agency's response should identify the
significant environmental issues and possible
alternatives and mitigation which the Responsible
Agency will need to have explored in the Draft EIR.
The Responsible Agency's response to the Notice of
2.07
Preparation should be sent to the Lead Agency by
certified mail or any other method of transmittal
which provides the Responsible Agency with a
record that the response was received.
Staff should also try to attend any scoping meetings
held by the Lead Agency.
-Xvii- C) 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201 1)
Staff Summary of the
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
(c) Staff should review any Draft EIR or Negative
2.07, 6.07, 7.20, 7.25
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 Negative
2.08
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 Declaration or
2.09
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 inadequate
2.09
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.
-xvlll- ZD 2011 Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act (201
Staff Summary of the
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
(3) Since the Lead Agency's approval of the
2.09, State CEQA
Negative Declaration or certification of the
Guidelines Section 15162.
EIR, the conditions triggering preparation of a
Subsequent or Supplemental EIR have been
met.
(4) The Lead Agency did not prepare a Negative
2.09
Declaration or an EIR for the project.
(f) When none of the criteria identified above have been
2.08
met, the Responsible Agency must rely on the Lead
Agency's environmental documents. The
Responsible Agency makes findings regarding the
adequacy of the environmental documents and
regarding those aspects of the project for which the
Responsible Agency's responsibility is relevant.
When considering the adequacy of the Lead
Agency's Final EIR or Negative Declaration, the
Responsible Agency shall adopt any mitigation
measures and project alternatives that it deems
feasible and that are relevant to the Responsible
Agency's role in carrying out the project.
(g) A Notice of Determination shall be filed by the
2.08, 6.17, 7.35
Responsible Agency, but need not state that the Lead
Agency's EIR or Negative Declaration complies with
CEQA.
-xix- 0 201 1 Best Best & Krieger LLP
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2al I
LOCAL GUIDELINES
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR
CITY OF PALM DESERT
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 ..................................
1.05
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
The City May Charge Reasonable Fees For Reproducing Environmental
Documents..........................................................................................................
1-4
1.10
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.........................................................................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
9
5
TABLE OF CONTENTS
(continued)
Page
3.09
Feasibility and Planning Studies.........................................................................3-3
3.10
Rates, Tolls, Fares and Charges..........................................................................3-3
3.11
Subsurface Pipelines within a Public Right -of -Way
3-4
..........................................
3.12
Certain Residential Housing Projects.................................................................
3-4
3.13
Minor Alterations to Fluoridate Water Utilities................................................3-10
3.14
Ballot Measures................................................................................................3-10
3.15
Transit Priority Project .....................
3.16
Other Specific Exemptions...............................................................................
3-10
3.17
Categorical Exemptions....................................................................................
3-1 1
TIMELIMITATIONS....................................................................................................
4-1
4.01
Review of Private Project Applications..............................................................4-1
4.02
Determination of Type of Environmental Document .........................................
4-1
4.03
Completion and Adoption of Negative Declaration ...........................................
4-1
4.04
Completion and Certification of Final EIR.........................................................
4-1
4.05
Projects Subject to the Permit Streamlining Act.................................................4-1
4.06
Projects, Other Than Those Subject to the Permit Streamlining Act, with
Short Time Periods for Approval........................................................................4-2
4.07
Waiver or Suspension of Time Periods..............................................................
4-2
INITIALSTUDY............................................................................................................5-1
5.01
Preparation of Initial Study.................................................................................5-1
5.02
Informal Consultation with Other Agencies.......................................................
5-1
5.03
Consultation with Private Project Applicant.......................................................
5-2
5.04
Projects Subject to NEPA...................................................................................
5-2
5.05
An Initial Study...................................................................................................5-3
5.06
Contents of Initial Study.....................................................................................
5-3
5.07
Use of a Checklist Initial Study....................:.................................................I...
5-4
5.08
Evaluating Significant Environmental Effects....................................................5-4
5.09
Mandatory Findings of Significant Effect..........................................................
5-5
5.10
Mandatory Preparation of an EIR for Waste -Burning Projects ..........................5-6
5.11
Development Pursuant To An Existing Community Plan And EIR...................
5-7
5.12
Land Use Policies...............................................................................................
5-8
Ole
TABLE OF CONTENTS
(continued)
Page
5.13
Evaluating Impacts on Historical Resources......................................................
5-8
5.14
Evaluating Impacts on Archaeological Sites ......................................................
5-9
5.15
Consultation with Water Agencies Regarding Large Development Projects ...
5-10
5.16
Subdivisions with More Than 500 Dwelling Units .......................................... 5-11
5.17
Impacts to Oak Woodlands...............................................................................5-12
5.18
Climate Change And Greenhouse Gas Emissions............................................5-12
5.19
Energy Conservation.........................................................................................
5-16
5.20
Environmental Impact Assessment...................................................................5-17
5.21
Final Determination..........................................................................................5-17
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 or Mitigated 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
EmissionsNear Schools......................................................................................
6-4
6.07
Posting and Publication of Negative Declaration or Mitigated Negatiti;�;
Declaration ........................ ....................6-4
..............................................................
6.08
Submission of Negative Declaration or Mitigated Negative Declaration to
StateClearinghouse............................................................................................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 ..............
6-9
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
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Page
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
6.20
Private Project Costs.........................................................................................6-13
6.21
Filing Fees for Projects Which Affect Wildlife Resources..............................6-13
7. ENVIRONMENTAL IMPACT REPORT.....................................................................
7-1
7.01
Decision to Prepare an EIR.................................................................................
7-1
7.02
Contracting for Preparation of EIRs...................................................................
7-1
7.03
Notice of Preparation of Draft EIR.....................................................................
7-1
7.04
Special Notice Requirements for Affected Military Agencies ........................... 7-2
7.05
Preparation of Draft EIR..................................................................................... 7-3
7.06
Consultation with Other Agencies and Persons ..................................................
7-3
7.07
Early Consultation on Projects Involving Permit Issuance .................................
7-5
7.08
Consultation with Water Agencies Regarding Large Development Projects.....
7-5
7.09
Airport Land Use Plan........................................................................................
7-5
7.10
General Aspects of an EIR..................................................................................
7-6
7.11
Use of Registered Consultants in Preparing EIRs..............................................
7-6
7.12
Incorporation by Reference.................................................................................
7-6
7.13
Standards for Adequacy of an EIR.....................................................................
7-7
7.14
Form and Content of EIR....................................................................................
7-7
7.15
Consideration and Discussion of Significant Environmental Impacts ...............
7-9
7.16
Analysis of Cumulative Impacts.......................................................................7-10
7.17
Analysis of Mitigation Measures......................................................................7-11
7.18
Analysis of Alternatives in an EIR...................................................................
7-13
7.19
Analysis of Future Expansion...........................................................................7-15
7.20
Notice of Completion of Draft EIR; Notice of Availability of Draft EIR........
7-15
7.21
Submission of Draft EIR to State Clearinghouse.............................................7-18
7.22
Special Notice Requirements for Waste- And Fuel -Burning Projects ..............
7-20
7.23
Time For Review of Draft EIR; Failure to Comment .......................................
7-20
7.24
Public Hearing on Draft EIR.............................................................................
7-21
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7.25 Response to Comments on Draft EIR............................................................... 7-21
7.26 Preparation and Contents of Final EIR............................................................. 7-22
7.27 Recirculation When New Information Is Added to EIR...................................7-22
7.28 Certification of Final EIR................................................................................. 7-23
7.29 Consideration of EIR Before Approval or Disapproval of Project...................7-23
730 Findings . . .. . ............................................................................................... 7-24
.
.......
7.31
Special Findings Required for Facilities Which May Emit Hazardous Air
EmissionsNear Schools....................................................................................
7-25
7.32
Statement of Overriding Considerations...........................................................
7-25
7.33
Using a Previously Prepared Statement of Overriding Considerations ............
7-26
7.34
Mitigation Monitoring or Reporting Program for EIR.....................................
7-27
7.35
Notice of Determination...................................................................................
7-28
7.36
Disposition of a Final EIR................................................................................
7-30
7.37
Private Project Costs.........................................................................................7-30
7.38
Filing Fees for Projects Which Affect Wildlife Resources..............................7-30
TYPESOF EIRS.............................................................................................................
8-1
8.01
EIRs Generally....................................................................................................
8-1
8.02
Tiering.................................................................................................................8-1
8.03
Project EIR..........................................................................................................
8-2
8.04
Subsequent EIR...................................................................................................
8-2
8.05
Supplemental EIR...............................................................................................
8-3
8.06
Addendum to an EIR..........................................................................................
8-3
8.07
Staged EIR..........................................................................................................
8-4
8.08
Program EIR.......................................................................................................
8-4
8.09
Use of a Program EIR with Subsequent EIRs and Negative Declarations.........
8-5
8.10
Use of an EIR from an Earlier Project................................................................
8-5
8.11
Master EIR..........................................................................................................8-5
8.12
Focused EIR........................................................................................................8-7
8.13
Special Requirements for Redevelopment Projects............................................8-8
CEQALITIGATION......................................................................................................9-1
9.01
Timelines.............................................................................................................
9-1
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9.02
Mediation and Settlement................................................................................... 9-1
9.03
Administrative Record........................................................................................9-2
10. DEFINITIONS
..............................................................................................................10-1
10.01
"Agricultural Employee".................................................................................. 10- l
10.02
"Applicant".......................................................................................................
10-1
10.03
"Approval"........................................................................................................
10-1
10.04
"Baseline".........................................................................................................
10-2
10.05
"Categorical Exemption"..................................................................................
10-2
10.06
"Census -Defined Place"....................................................................................
10-2
10.07
"CEQA"............................................................................................................
10-2
10.08
"City...................................................................................................................10-2
10.09
"Clerk"..............................................................................................................
10-2
10.10
"Community -Level Environmental Review" ...................................................
10-2
10.11
"Cumulative Impacts".......................................................................................
10-3
10.12
"Cumulatively Considerable"...........................................................................
10-3
10.13
"Decision -Making Body„.................................................................................
10-3
10.14
"Developed Open Space".................................................................................
10-3
10.15
"Development Project".....................................................................................
10-3
10.16
"Discretionary Project".....................................................................................
10-3
10.17
"EIR....................................................................................................................
10-3
10.18
"Emergency.......................................................................................................10-4
10.19
"Endangered, Rare or Threatened Species"......................................................
10-4
10.20
"Environment"..................................................................................................
10-4
10.21
"Feasible"..........................................................................................................10-4
10.22
"Final EIR".......................................................................................................
10-4
10.23
"Greenhouse Gases".........................................................................................
10-5
10.24
"Guidelines" or "Local Guidelines".................................................................
10-5
10.25
"Historical Resources"......................................................................................
10-5
10.26
"Infill Site"........................................................................................................
10-6
10.27
"Initial Study„.......................................................................:...........................
10-6
10.28
"Jurisdiction by Law".......................................................................................
10-6
ua
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Page
10.29
"Land Disposal Facility,'...................................................................................
10-6
10.30
"Large Treatment Facility„...............................................................................
10-6
10.31
"Lead Agency....................................................................................................
10-7
10.32
"Low- and Moderate -Income Households"......................................................
10-7
10.33
"Low -Income Households".............................................................................. 10-7
10.34
"Low -Level Flight Path"................................................................................... 10-7
10.35
"Lower Income Households"............................................................................ 10-7
10.36
"Major Transit Stop...........................................................................................
10-7
10.37
"Metropolitan Planning Organization" or "MPO"...........................................
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
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Page
10.60
"Special Use Airspace"................................................................................... 10-1 1
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
10.66
"Tiering„.........................................................................................................
10-12
10.67
"Transit Priority Project"................................................................................
10-12
10.68
"Transportation Facilities"..............................................................................
10-13
10.69
"Trustee Agency..............................................................................................
10-13
10.70
"Urban Growth Boundary".............................................................................
10-13
10.71
"Urbanized Area"............................................................................................
10-14
10.72
"Water Acquisition Plans"..............................................................................
10-14
10.73
"Water Assessment" or "Water Supply Assessment" ....................................
10-14
10.74
"Water Demand Project"................................................................................
10-15
10.75
"Wetlands"......................................................................................................10-15
10.76
"Wildlife Habitat"...........................................................................................
10-16
10.77
"Zoning Approval".........................................................................................
10-16
11. FORMS
.........................................................................................................................11-1
12. COMMON ACRONYMS
............................................................................................ 12-1
Local Guidelines for Implementing the
C ilifomia EnN lronnlental Ouality -Act (201 1) GENERAL PROVISIONS, PURPOSE AND POLICY.
LOCAL GUIDELINES
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(2011 REVISION)
I. GENERAL PROVISIONS, PURPOSE :AND POLICY.
LOI 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; and
(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 and/or to any activity for which the City is a
Responsible Agency. These Local Guidelines are also intended to assist the City in determining
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whether a proposed activity does not constitute a project that is subject to CEQA review, or
whether the activity is exempt from CEQA.
An Environmental Impact Report ("EIR") is required for each such project which may
have a significant effect on the environment. When the City finds that a project will have no
significant environmental effect, a Negative Declaration or Mitigated Negative Declaration
rather than an EIR shall be prepared.
An EIR serves several functions for the benefit of the City and the public. An EIR: (1)
identifies and analyzes the significant environmental effects of a proposed project; (2) identities
alternatives to the project; and (3) discloses possible ways to reduce or avoid potential
environmental damage. These matters are to be evaluated by the City before the project is
approved or disapproved.
The EIR is an informational document. It should not be used to rationalize approval of a
project. CEQA requires that decisions be informed and balanced. It must not be subverted into
an instrument for the oppression and delay of social, economic, or recreational development or
advancement. Indications of adverse environmental impacts from the project which are
identified in the EIR do not necessarily require disapproval of a project. Rather, when an EIR
shows that a project would cause substantial adverse changes in the environment, the City, as
Lead Agency, must respond to the information by one or more of the following methods:
(a) Changing the proposed project;
(b) Imposing conditions on the approval of the project;
(c) Adopting plans or ordinances to control a broader class of activities to avoid the
problems;
(d) Choosing an alternative way of meeting the same need;
(e) Disapproving the project; or
(f) Finding that the unavoidable, significant environmental impact is acceptable pursuant to a
Statement of Overriding Considerations.
Although CEQA requires that major consideration be given to preventing environmental
damage, the City also has an obligation to balance other public objectives for each project
including economic and social factors.
1.04 REDUCING DELAY AND PAPERWORK.
The State Guidelines encourage local governmental agencies to reduce delay and
paperwork by, among other things:
(a) Integrating the CEQA process into early planning review; to this end, the project
approval process and these procedures, to the maximum extent feasible, are to run
concurrently, not consecutively;
(b) Identifying projects which fit within categorical or other exemptions and are therefore
exempt from CEQA processing;
(c) Using initial studies to identify significant environmental issues and to narrow the scope
of EIRs;
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(d) Using a Negative Declaration when a project not otherwise exempt will not have a
significant effect on the environment;
(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;
(f) 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.
L08 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.
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Individuals may also submit comments on the CEQA documentation for a project via
email. Comments submitted via email shall be treated as written comments for all purposes.
Comments sent to the public agency via email are deemed received when they actually arrive in
an email account of a staff person who has been designated or identified as the point of contact
for a particular project.
1.09 THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING ENVIRONMENTAL
DOCUMENTS.
A public agency may charge and collect a reasonable fee from members of the public that
request a copy of an environmental document, so long as the fee does not exceed the cost of
reproduction. The kinds of "environmental documents" that CEQA specifically allows public
agencies to seek reimbursement for includes: initial studies, negative declarations, mitigated
negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR,
negative declaration, or a mitigated negative declaration.
In response to a public request for an environmental document, the public agency has the
option to provide the document in hard copy form or electronically. Thus, the public agency
may choose to make documents available to the public -at -large on the agency's website or
charge a reasonable fee for reproducing the document in hard -copy form, on compact discs,
email attachments, or other digital transfers.
1.10 STATE AGENCY FURLOUGHS.
Due to budget concerns, the State may institute mandatory furlough days for state
government agencies. Local agencies may also change their operating hours.
Because state and local agencies may enact furloughs that limit their operating hours, if
the City has time sensitive materials or needs to consult with a state agency, the City should
check with the applicable state agency office or with the City's attorney to ensure compliance
with all applicable deadlines.
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Local Guidelines for Implementing the
California Environmental QualityAct (2011) LEAD 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; or
(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 city 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
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within forty-five (45) days from the date on which the City sends a Notice of Preparation. (See
Local Guidelines Section 7.02.)
During the process of preparing an EIR, the City, as Lead Agency, shall have the
following duties:
(a) Immediately after deciding that an EIR is required for a project, the City shall send to the
Office of Planning and Research and each Responsible Agency a Notice of Preparation
(Form "G") stating that an EIR will be prepared (see Local Guidelines Section 7.03);
(b) The City shall prepare or cause to be prepared the Draft EIR for the project (see Local
Guidelines Sections 7.05 and 7.14);
(c) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form "H")
with the Office of Planning and Research (see Local Guidelines Section 7.20);
(d) The City shall consult with state, federal and local agencies which exercise authority over
resources which may be affected by the project for their comments on the completed
Draft EIR (see, e.g., Local Guidelines Sections 5.02, 5.15, Section 7.21);
(e) The City shall provide public notice of the availability of a Draft EIR (Form "K") at the
same time that it sends a Notice of Completion to the Office of Planning and Research
(see Local Guidelines Section 7.20);
(f) The City shall evaluate comments on environmental issues received from persons who
reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all
comments that raise significant environmental issues and that were timely received
during the public comment period. A written response must be provided to all public
agencies who commented on the project during the public review period at least ten (10)
days prior to certifying an EIR (see Local Guidelines Section 7.25);
(g) The City shall prepare or cause to be prepared a Final EIR before approving the project
(see Local Guidelines Section 7.26);
(h) The City shall certify that the Final EIR has been completed in compliance with CEQA
and has been reviewed by the City Council (see Local Guidelines Section 7.28); and
(i) The City shall include in the Final EIR any comments received from a Responsible
Agency on the Notice of Preparation or the Draft EIR (see Local Guidelines Sections
2.07, 7.25 and 7.26).
As Lead Agency, the City may charge a non -elected body, such as the Planning
Department, Development Services Department or Planning Commission, with the responsibility
of making a finding of exemption or adopting, certifying or authorizing environmental
documents; however, the City must have a procedure allowing for the appeal of the CEQA
decisions of any non -elected body to the City Council. Existing provisions of the municipal code
may be used to satisfy this requirement.
2.04 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES.
An applicant for a development project must submit a signed statement to the City, as
Lead Agency, stating whether the project and any alternatives are located on a site which is
included in any list compiled by the Secretary for Environmental Protection of the California
Environmental Protection Agency ("California EPA") listing hazardous waste sites and other
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specified sites located in the City's boundaries. The applicant's statement must contain the
following information:
(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; and
(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, as Lead Agency, 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's
boundaries. When acting as Lead Agency, 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 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, when acting as a Responsible Agency, shall be
limited to measures which mitigate impacts to resources that are within the City's authority. For
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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.
2.07 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES.
Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a
Responsible Agency, shall specify to the Lead Agency the scope and content of the
environmental information related to the City's area of statutory responsibility in connection
with the proposed project. At a minimum, the response shall identify the significant
environmental issues and possible alternatives and mitigation which the City, as a Responsible
Agency, will need to have explored in the Draft EIR. Such information shall be specified in
writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by
certified mail or any other method of transmittal which provides it with a record that the response
was received. The Lead Agency shall incorporate this information into the EIR.
2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES.
The City, as a Responsible Agency, shall consider the Lead Agency's Final EIR or
Negative Declaration before acting upon or approving a proposed project. As a Responsible
Agency, the City must independently review and consider the adequacy of the Lead Agency's
environmental documents prior to approving any portion of the proposed project. In certain
instances the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a
Supplemental EIR be prepared to fully address those aspects of the project over which the City
has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the
City's role in carrying out the project shall be adopted. Findings which are relevant to the City's
role as a Responsible Agency shall be made. After the City decides to approve or carry out part
of a project for which an EIR or negative declaration has previously been prepared by the Lead
Agency, the City, as Responsible Agency, should file a Notice of Determination with the County
Clerk within five (5) days of approval, but need not state that the Lead Agency's EIR or
Negative Declaration complies with CEQA. The City, as Responsible Agency should state that
it considered the EIR or Negative Declaration as prepared by a Lead Agency.
2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES.
The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one
of the following three conditions is met:
(a) The Lead Agency did not prepare any environmental documents for the project, and the
statute of limitations has expired for a challenge to the action of the appropriate Lead
Agency;
(b) The Lead Agency prepared environmental documents for the project, and all of the
following conditions occur:
(1) A Subsequent or Supplemental EIR is required;
(2) The Lead Agency has granted a final approval for the project; and
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(3) The statute of limitations has expired for a challenge to the action of the
appropriate Lead Agency;
(c) The Lead Agency prepared inadequate environmental documents without providing
public notice of a Negative Declaration or sending Notice of Preparation of an EIR to
Responsible Agencies and the statute of limitations has expired for a challenge to the
action of the appropriate Lead Agency.
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3. ACTIVITIES EXEMPT FROM CEQA
3.01 ACTIONS SUBJECT TO CEQA.
CEQA applies to discretionary projects proposed to be carried out or approved by public
agencies such as the City. If the proposed activity does not come within the definition of
"project" contained in Local Guidelines Section 10.53, it is not subject to environmental review
under CEQA.
"Project" does not include:
(a) Proposals for legislation to be enacted by the State Legislature;
(b) Continuing administrative or maintenance activities, such as purchases for supplies,
personnel -related actions, and general policy and procedure making (except as provided
in Local Guidelines Section 10.53);
(c) The submittal of proposals to a vote of the 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 I I(a) and Election Code Section 9214;
(d) The creation of government funding mechanisms 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. Government funding mechanisms may
include, but are not limited to, assessment districts and community facilities districts;
(e) Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment; and
(f) Activities that do not result in a direct or reasonably foreseeable indirect physical change
in the environment.
3.02 MINISTERIAL ACTIONS.
Ministerial actions are not subject to CEQA review. A ministerial action is one that is
approved or denied by a decision which a public official or a public agency makes that involves
only the use of fixed standards or objective measurements without personal judgment or
discretion.
When a project involves an approval that contains elements of both a ministerial and
discretionary nature, the project will be deemed to be discretionary and subject to the
requirements of CEQA. The decision whether a proposed project or activity is ministerial in
nature may involve or require, to some extent, interpretation of the language of the legal
mandate, and should be made on a case -by -case basis. The following is a non-exclusive list of
examples of ministerial activities:
(a) Issuance of business licenses;
(b) Approval of final subdivision maps and final parcel maps;
(c) Approval of individual utility service connections and disconnections;
(d) Issuance of licenses;
(e) Issuance of a permit to do street work; and
(f) Issuance of building permits where the Lead Agency does not retain significant
discretionary power to modify or shape the project.
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3.03 EXEMPTIONS IN GENERAL.
CEQA and the State Guidelines exempt certain activities and provide that local agencies
should further identity 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 approval of an exempt project, a "Notice of Exemption" (Form "B") may be filed
by Staff with the Clerk. If the Lead Agency exempts an agricultural housing, affordable housing,
or residential infill project under State Guidelines Sections 15193, 15194 or 15195 and 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 for City actions because it starts a
35-day statute of limitations on legal challenges to the City's determination that the activity 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.
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3.07 PROJECTS wITH No POSSIBILITY OF SIGNIFICANT EFFECT.
Where it can be seen with absolute certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is exempt.
3.08 EMERGENCY PROJECTS.
The following types of emergency projects are exempt (the term "emergency" is defined
in Local Guidelines Section 10.18):
(a) Work in a disaster -stricken area in which a state of emergency has been proclaimed by
the Governor pursuant to Section 8550 of the Government Code. This includes projects
that will remove, destroy, or significantly alter a historical resource when that resource
represents an imminent threat to the public of bodily harm or of damage to adjacent
property or when the project has received a determination by the State Office of Historic
Preservation pursuant to Section 5028(b) of the Public Resources Code;
(b) Emergency repairs to publicly or privately owned service facilities necessary to maintain
service essential to the public health, safety or welfare;
(c) Projects necessary to prevent or mitigate an emergency. This does not include long-term
projects undertaken for the purpose of preventing or mitigating a situation that has a low
probability of occurrence in the short-term;
(d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or
restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence,
gradual earth movement, or landslide, provided that the project is within the existing right
of way of that highway and is initiated within one year of the damage occurring. This
exemption does not apply to highways designated as official state scenic highways, nor to
any project undertaken, carried out, or approved by a public agency to expand or widen a
highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide; and
(e) Seismic work on highways and bridges pursuant to Section 180.2 of the Streets and
Highways Code Section.
3.09 FEASIBILITY AND PLANNING STUDIES.
A project that involves only feasibility or planning studies for possible future actions
which the City has not yet approved, adopted or funded is exempt.
3A0 RATES, TOLLS, FARES AND CHARGES.
The establishment, modification, structuring, restructuring or approval of rates, tolls,
fares or other charges by the City that the City finds are for one or more of the purposes listed
below are exempt.
(a) Meeting operating expenses, including employee wage rates and fringe benefits;
(b) Purchasing or leasing supplies, equipment or materials;
(c) Meeting financial reserve needs and requirements; or
(d) Obtaining funds for capital projects necessary to maintain service within existing service
areas.
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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 10.33)
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;
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(c) The project does not harm any species protected by the federal
Endangered Species Act of 1973, the Native Plant Protection Act,
or the California Endangered Species Act; and
(d) The project does not cause the destruction or removal of any
species protected by a local ordinance in effect at the time the
application for the project was deemed complete;
(5) The site is not included on any list of facilities and sites compiled pursuant
to Government Code Section 65962.5;
(6) The project site is subject to a preliminary endangerment assessment
prepared by a registered environmental assessor to determine the existence
of any release of a hazardous substance on the site and to determine the
potential for exposure of future occupants to significant health hazards
from any nearby property or activity. In addition, the following steps must
have been taken in response to the results of this assessment:
(a) If a release of a hazardous substance is found to exist on the site,
the release shall be removed or any significant effects of the
release shall be mitigated to a level of insignificance in compliance
with state and federal requirements; or
(b) If a potential for exposure to significant hazards from surrounding
properties or activities is found to exist, the effects of the potential
exposure shall be mitigated to a level of insignificance in
compliance with state and federal requirements;
(7) The project does not have a significant effect on historical resources
pursuant to Section 21084.1 of the Public Resources Code (See Local
Guidelines Section 10.25.);
(8) The project site is not subject to wildland fire hazard, as determined by the
Department of Forestry and Fire Protection; unless the applicable general
plan or zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard;
(9) The project site does not have an unusually high risk of fire or explosion
from materials stored or used on nearby properties;
(10) The project site does not present a risk of a public health exposure at a
level that would exceed the standards established by any state or federal
agency;
01) Either the project site is not within a delineated earthquake fault zone, or a
seismic hazard zone, as determined pursuant to Section 2622 and 2696 of
the Public Resources Code respectively, or the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of an earthquake
or seismic hazard;
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(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
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census -defined place is at least one thousand (1,000) persons per
square mile, unless the Lead Agency determines that there is a
reasonable possibility that the project, if completed, would have a
significant effect on the environment due to unusual circumstances
or that the cumulative effects of successive projects of the same
type in the same area would, over time, be significant;
(3) If the project is located on a site zoned for general agricultural use, it must
consist of twenty (20) or fewer units, or, if the housing consists of
dormitories, barracks, or other group -living facilities, the project must not
provide housing for more than twenty (20) agricultural employees; and
(4) The project is not more than two (2) acres in area if the project site is
located in an area with a population density of at least one thousand
(1,000) persons per square mile, and is not more than five (5) acres in area
for all other project sites.
C. Specific Requirements for Affordable Housing Projects in Urbanized Areas.
(Reference: Public Resources Code Sections 21083, 21159.23 and State
Guidelines Section 15194.) CEQA does not apply to any development project
that consists of the constriction, conversion, or use of residential housing
consisting of one hundred (100) or fewer units that are affordable to low-income
households if all of the general requirements described in Section A above are
satisfied and the following additional criteria are also met:
(1) The developer of the project provides sufficient legal commitments to the
local agency to ensure the continued availability and use of the housing
units for lower income households for a period of at least thirty (30) years,
at monthly housing costs deemed to be "affordable rent" for lower income,
very low income, and extremely low income households, as determined
pursuant to Section 50053 of the Health and Safety Code;
(2) The project site:
(a) Has been previously developed, for qualified urban uses-
(b) 1s immediately adjacent to parcels that are developed with
qualified urban uses; or
(c) At least 75% of the perimeter of the site adjoins parcels that are
developed with qualified urban uses and the remaining 25% of the
perimeter of the site adjoins parcels that have previously been
developed for qualified urban uses, the site has not been developed
for urban uses and no parcel within the site has been created within
ten (10) years prior to the proposed development of the site;
(3) The project site is not more than five (5) acres in area; and
(4) The project site meets one of the following requirements regarding
population density:
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(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;
(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;
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(6) The project does not include any single -level building that exceeds one
hundred thousand (100,000) square feet;
(7) The project promotes higher density infill housing:
(a) A project with a density of at least 20 units per acre shall be
conclusively presumed to promote higher density infill housing; or
(b) A project with a density of at least 10 units per acre and a density
greater than the average density of the residential properties within
1,500 feet shall be presumed to promote higher density housing
unless the preponderance of the evidence demonstrates otherwise;
(8) Exception:
(a) The Exemption for Affordable Housing Projects near Major
Transit Stops does not apply if any one of the following criteria is
met:
1. There is a reasonable possibility that the project will have a
project -specific, significant effect on the environment due
to unusual circumstances;
2. Substantial changes have occurred since community -level
environmental review was adopted or certified with respect
to the circumstances under which the project is being
undertaken, and those changes are related to the project; or
3. New information regarding the circumstances under which
the project is being undertaken has become available, and
that new information is related to the project and was not
known and could not have been known at the time of the
community -level environmental review;
(b) If a project satisfies any one of the three criteria described above in
Section 3.121)(8)(a), the environmental effects of the project must
be analyzed in an Environmental Impact Report or a Negative
Declaration. The environmental analysis shall be limited to the
project -specific effects and any effects identified pursuant to
Section 3.12D(8)(a).
E. Whenever the Lead Agency determines that a project is exempt from
environmental review based on Public Resources Code Section 21159.22 [Section
3.12B of these Local Guidelines], 21159.23 [Section 3.12C of these Local
Guidelines], or 21159.24 [Section 3.12D of these Local Guidelines], Staff and/or
the proponent of the project shall file a Notice of the Determination of Exemption
with the OPR within five (5) working days after the approval of the project.
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3.13 MINOR ALTERA'FIONS TO FLUORIDA"FE WATER U'FiLi,riES.
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 NIEASURES.
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 I I(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 (see Local Guidelines Section 10.67) that are
consistent with the general use designation, density, building intensity, and applicable policies
specified for the project area in either a Sustainable Community Strategy or an alternative
planning strategy may be exempt from CEQA. To qualify for the exemption, the decision -
making body must hold a hearing and make findings that the project meets all of Public
Resources Code Section 21155.I's environmental, housing, and public safety conditions and
requirements.
Streamlined Review: A Transit Priority Project that has incorporated all feasible
mitigation measures, performance standards 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. Note, however, that impacts from other sources of greenhouse gas
emissions would still need to be analyzed. For complete requirements see Public Resources
Code Section 21159.28.
Note that neither the exemption nor the streamlined review will apply until: (1) the
applicable Metropolitan Planning Organization prepares and adopts a Sustainable Communities
Strategy or alternative planning strategy for the region; and (2) the California Air Resources
Board has accepted the Metropolitan Planning Organization's determination that the Sustainable
Communities Strategy or the alternative planning strategy would, if implemented, achieve the
greenhouse gas emission reduction targets adopted 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
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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,
including Sections 21080 through 21080.33, and in the State Guidelines, including Sections
15260 through 15285.
3.17 CATEGORICAL EXEMPTIONS.
The State Guidelines establish certain classes of categorical exemptions. These apply to
classes of projects which have been determined not to have a significant effect on the
environment and which, therefore, are generally exempt. Compliance with the requirements of
CEQA or the preparation of environmental documents for any project which comes within one of
these classes of categorical exemptions is not required. The classes of projects are briefly
summarized below. (Reference to the State Guidelines for the full description of,each exemption
is recommended.)
The exemptions for Classes 3, 4, 5, 6 and 11 below are qualified in that such projects
must be considered in light of the location of the project. A project that is ordinarily
insignificant in its impact on the environment may, in a particularly sensitive environment, be
significant. Therefore, these classes are considered to apply in all instances except when the
project may impact on an environmental resource of hazardous or critical concern which has
been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or
local agencies.
All classes of categorical exemptions are qualified. These exemptions are inapplicable if
any of the following circumstances exist:
(1) The cumulative impact of successive projects of the same type in the same
place over time is significant;
(2) There is a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances;
(3) The project may result in damage to a scenic or a substantial adverse
change to a historical resource; or
(4) The project is located on a site which is included on any hazardous waste
site or list compiled pursuant to Government Code Section 65962.5.
With the foregoing limitations in mind, the following classes of activity are generally
exempt:
Class 1: Existing Facilities. Activities involving the operation, repair,
maintenance, permitting, leasing, licensing, minor alteration of, or legislative activities to
regulate, existing public or private structures, facilities, mechanical equipment or other property,
or topographical features, provided the activity involves negligible or no expansion of use
beyond that existing at the time of the City's determination. The types of "existing facilities"
itemized in Class 1 are not intended to be all-inclusive of the types of projects which might fall
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California Fmiromnental Quality Act (20111 ACTIVITIES EXEMPT FROM CEQA
within Class 1. The key consideration is whether the project involves negligible or no expansion
of an existing use. (State Guidelines Section 15301.)
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 g_encies 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.)
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Class 1 l: Accessory Structures. Construction or replacement of minor structures
accessory or appurtenant to existing commercial, industrial, or institutional facilities, including,
but not limited to, on -premise signs; small parking lots; and placement of seasonal or temporary
use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in
generally the same locations from time to time in publicly owned parks, stadiums or other
facilities designed for public use. (State Guidelines Section 15311.)
Class 12: Surplus Government Propert Sales. Sales of surplus government
property, except for certain parcels of land located in an area of statewide, regional or areawide
concern as that term is defined in State Guidelines Section 15206(b)(4). However, even if the
surplus property to be sold is located in any of those areas, its sale is exempt if:
(a) The property does not have significant values for wildlife or other
environmental purposes, and
(b) Any one of the following three conditions is met:
1. The property is of such size, shape, or inaccessibility that it
is incapable of independent development or use;
2. The property to be sold would qualify for an exemption
under any other class of categorical exemption in the State
Guidelines; or
3. The use of the property and adjacent property has not
changed since the time of purchase by the public agency.
(State Guidelines Section 15312.)
Class_13: Acquisition of Lands for Wildlife Conservation Purposes. Acquisition
of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife
habitat, establishment of ecological preserves under Fish and Game Code Section 1580, and
preservation of access to public lands and waters where the purpose of the acquisition is to
preserve the land in its natural condition. (State Guidelines Section 15313.)
Class 14: Minor Additions to Schools. Minor additions to existing schools
within existing school grounds where the addition does not increase original student capacity by
more 25% or ten (10) classrooms, whichever is less. The addition of portable classrooms is
included in this exemption. (State Guidelines Section 15314.)
Class 15: Minor Land Divisions. Division(s) of property in urbanized areas
zoned for residential, commercial or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are required, all
services and access to the proposed parcels to local standards are available, the parcel was not
involved in a division of a larger parcel within the previous two (2) years, and the parcel does not
have an average slope greater than 20%. (State Guidelines Section 15315.)
Class 16: Transfer of Ownership of Land in Order to Create Parks. Acquisition,
sale, or other transfer of land in order to establish a park where the land is in a natural condition
or contains historical or archaeological resources and either:
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California Em uonmental Quality Act (2011) ACTIVITIES EXEMPT FROM CEQA
(a) The management plan for the park has not been prepared, or
(b) The management plan proposes to keep the area in a natural
condition or preserve the historic or archaeological resources.
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 mace 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.)
Annexations:
Class 19• Annexations of Existing Facilities and Lots for Exempt Facilities.
(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;
and
(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
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Local Guidelines (or Implementing the
California Environmental Quality Act (201 1) ACTIVITIES ExFh1PT FROM CFOA
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
physical alteration in the area affected or which involve physical changes only in the interior of
existing school or training strictures. Examples include but are not limited to:
(a) Development of or changes in curriculum or training methods; or
(b) Changes in the trade structure in a school which do not result in
changes in student transportation.
(State Guidelines Section 15322.)
Class 23: Normal Operations of Facilities for Public Gathering. Continued or
repeated normal operations of existing facilities for public gatherings for which the facilities
were designed, where there is past history, of at least three years, of the facility being used for
the same or similar purposes. Facilities included within this exemption include, but are not
limited to race tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums,
swimming pools and amusement parks. (State Guidelines Section 15323.)
Class 24: Regulation of Working Conditions. Actions taken by the City to
regulate employee wages, hours of work or working conditions where there will be no
demonstrable physical changes outside the place of work. (State Guidelines Section 15324.)
Class 25: Transfers of Ownership of Interest in Land to Preserve Existing Natural
Conditions and Historical Resources. Transfers of ownership of interest in land in order to
preserve open space, habitat, or historical resources. Examples include, but are not limited to,
acquisition, sale, or other transfer of areas to: preserve existing natural conditions, including
plant or animal habitats; allow continued agricultural use of the areas; allow restoration of
natural conditions; preserve open space or lands for natural park purposes; or prevent
encroachment of development into floodplains. This exemption does not apply to the
development of parks or park uses. (State Guidelines Section 15325.)
Class 26: Acquisition of Housing for Housing Assistance Programs. Actions by
a redevelopment agency, housing authority or other public agency to implement an adopted
Housing Assistance Plan by acquiring an interest in housing units, provided the housing units are
either in existence or possessing all required permits for construction when the agency makes its
final decision to acquire the units. (State Guidelines Section 15326.)
Class 27: Leasing New Facilities. Leasing of a newly constructed or previously
unoccupied privately owned facility by a local or state agency when the City determines that the
proposed use of the facility:
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(a) Conforms with existing state plans and policies and with general,
community, and specific plans for which an EIR or Negative
Declaration has been prepared;
(b) Is substantially the same as that originally proposed at the time the
building permit was issued;
(c) Does not result in a traffic increase of greater `than 10% of front
access road capacity; and
(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;
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California Environmental Quality Act (201I) 1CTIVIT[FS F�EMPT FROhI CE(�A
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;
6. Application of dust suppressants or dust binders to surface
soils;
7. Controls for surface water nun -on and nun -off that meets
seismic safety standards;
8. Pumping of leaking ponds into an enclosed container;
9. Construction of interim or emergency ground water
treatment systems; or
10. Posting of warning signs and fencing for a hazardous waste
or substance site that meets legal requirements for
protection of wildlife.
Class 31: Historical Resource Restoration/ Rehabi I itation. Maintenance, repairs,
stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical
resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment
of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings (1995), Weeks and Grimmer. (State Guidelines Section
15331.)
Class 32: Infill Development Projects. Infill development meeting the following
conditions:
(a) The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations;
(b) The proposed development occurs within city limits on a project
site of no more than five acres substantially surrounded by urban
uses;
(c) The project site has no value as habitat for endangered, rare or
threatened species;
(d) Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and
public services.
(State Guidelines Section 15332.)
Class 33: Small Habitat Restoration Projects. Examples of small habitat
restoration projects include, but are not limited to: revegetation of disturbed areas with native
plant species; wetland restoration, the primary purpose of which is to improve conditions for
waterfowl or other species that rely on wetland habitat; stream or river bank revegetation, the
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California Environmental Ouality Act 1201 I1 ACTIVITIES EXEMPT FRON1 CEOA
primary purpose of which is to improve habitat for amphibians or native fish; projects to restore
or enhance habitat that are carried out principally with hand labor and not mechanized
equipment; stream or river bank stabilization with native vegetation or other bioengineering
techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation;
culvert replacement conducted in accordance with published guidelines of DFG or NOAA
Fisheries, the primary purpose of which is to improve habitat or reduce sedimentation, and other
similar projects to assure the maintenance, restoration, enhancement, or protection of habitat for
fish, plants, or wildlife.
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.)
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Local Guidelines for Implementing the
California Fnvironmental Quality Act (2011) T1tiIF LIh1ITATIOVS
4. TIME LIMITATIONS
4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS.
Staff shall determine whether the application for a private project is complete within
thirty (30) days.of receipt of the application. No application may be deemed incomplete for lack
of waiver of the time limitations in Local Guidelines Sections 4.03 and 4.04.
Accepting an application as complete does not limit the authority of the City, acting as
Lead Agency or Responsible Agency, to require the applicant to submit additional information
needed for environmental evaluation of the project. Requiring such additional information after
the application is complete does not change the status of the application.
4.02 DETERMINATION OF TYPE OF ENVIRONMENTAL DOCUMENT.
Except as provided in Local Guidelines Sections 4.05 and 4.06, Staffs initial
determination as to whether a Negative Declaration, Mitigated Negative Declaration or an EIR
should be prepared shall be made within thirty (30) days from the date on which an application
for a project is accepted as complete by the City. This period maybe extended fifteen (15) days
with consent of the applicant and the City.
4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION.
For private projects involving the issuance of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies, the Negative Declaration/Mitigated Negative
Declaration shall be completed and approved within one hundred eighty (180) days from the date
when the City accepted the application as complete. In the event that compelling circumstances
justify additional time and the project applicant consents thereto, Staff may provide for a
reasonable extension of the time limit for completing and adopting the Negative
Dec laration/Mitigated Negative Declaration.
4.04 COMPLETION AND CERTIFICATION OF FINAL EIR.
For private projects, the Final EIR shall be completed and certified by the City within one
(1) year after the date when the City accepted the application as complete. In the event that
compelling circumstances justify additional time and the project applicant consents thereto, the
City may provide a one-time extension up to ninety (90) days for completing and certifying the
EIR.
4.05 PROJECTS SUBJECT TO THE PERMIT STREAMLINING ACT.
The Permit Streamlining Act requires agencies to make decisions on certain development
project approvals within specified time limits. If a project is subject to the Act, the City cannot
require the project applicant to submit the informational equivalent of an EIR or prove
compliance with CEQA as a prerequisite to determining whether the project application is
complete. In addition, if requested by the project applicant, the City must begin processing the
project application prior to final CEQA action, provided the information necessary to begin the
process is available.
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Local Guidelines for Implementing the
California Environmental QualityAct 2_01 I 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 the City's requests necessary for the
preparation of a Negative Declaration, Mitigated 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
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period of the unreasonable delay. Alternatively, the City may disapprove a project application
where there is unreasonable delay in meeting requests. The City may also allow a renewed
application to start at the same point in the process where the prior application was when it was
disapproved.
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Local Guidelines for Implementing the INITIAL STUDY
California Environmental Quality Act 301 I
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; and
(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 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.
When the City is acting as Lead Agency, 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 OPR, 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 OPR, 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, as Lead Agency, may immediately dispense
with the Initial Study and determine that an EIR is required.
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5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT
During or immediately after preparation of an Initial Study for a private project, the City
may consult with the applicant to determine if the applicant is willing to modify the project to
reduce or avoid the significant effects identified in the Initial Study. If the project can be revised
to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before
the City that the project, as revised, may have a significant effect on the environment, the City
may prepare and adopt a Negative Declaration. If any significant effect may still occur despite
alterations of the project, an EIR must be prepared.
5.04 PROJECTS SUBJECT TO NEPA.
Projects that are carried out, financed, or approved in whole or in part by a federal agency
are subject to the provisions of the National Environmental Protection Act ("NEPA") in addition
to CEQA. To the extent possible, the State Guidelines encourage the City, when it is a Lead
Agency under CEQA, to use the federally -prepared Environmental Impact Statement ("EIS") or
Finding of No Significant Impact ("FONSI") or to prepare joint CEQA/NEPA documents instead
of preparing a separate NEPA and CEQA documents for a project that is subject to both NEPA
and CEQA. (State Guidelines Section 15220.) For example, the City should attempt to work in
conjunction with the federal agency involved in the project to prepare a combined EIR-EIS or
Negative Declaration-FONSI. (State Guidelines Section 15222.) The City is required to
cooperate with the federal agency and to utilize joint planning processes, environmental research
and studies, public hearings, and environmental documents to the fullest extent possible. (State
Guidelines Section 15226.) However, since NEPA does not require an examination of
mitigation measures or growth -inducing impacts, analysis of mitigation measures and growth -
inducing impacts will need to be added before NEPA documents may be used to satisfy CEQA.
(State Guidelines Section 15221.)
For projects that are 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 in Local Guidelines Section 7.06, and provided in accordance with these Local Guidelines.
If the federal agency refuses to cooperate with the City with regard to the preparation of
joint documents, the City should attempt to involve a state agency in the preparation of the EIR,
Negative Declaration, or Mitigated Negative Declaration. Since federal agencies are explicitly
permitted to utilize environmental documents prepared by agencies of statewide jurisdiction, it is
possible that the federal agency will reuse the state -prepared CEQA documents instead of
requiring the applicant to fiend a redundant set of federal environmental documents. (State
Guidelines Section 15228.)
Where the federal agency has circulated the EIS or FONSI and the circulation satisfied
the requirements of CEQA and any other applicable laws, the City, when it is a Lead Agency
under CEQA, may use the EIS or FONSI in place of an EIR or Negative Declaration without
having to recirculate the federal documents. The City's intention to adopt the previously
circulated EIS or FONSI must be publicly noticed in the same way as a Notice of Availability of
a Draft EIR.
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California Fmironmental Quality Act (2011) INITIAL STUDY
Special riles may apply when the environmental documents are prepared for projects
involving the reuse of military bases. (See State Guidelines Section 15225.)
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. The environmental setting is usually the
existing physical environmental conditions in the vicinity of the project, as they exist at
the time the Notice of Preparation is published, or if no Notice of Preparation is
published, such as in the case of a Negative Declaration or Mitigated Negative
Declaration, at the time environmental analysis begins. The environmental setting should
describe both the project site and surrounding properties. The description should include,
but not necessarily be limited to, a discussion of existing structures, land use, energy
supplies, topography, water usage, soil stability, plants and animals, and any cultural,
historical, or scenic aspects. This environmental setting will normally constitute the
baseline physical conditions against which a Lead Agency may compare the project to
determine whether an impact is significant;
(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 or Mitigated 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
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(g) Identification of prior EIRs or environmental documents which could be used with the
project.
5.07 USE OF A CHECKLIST INITIAL STUDY.
When property completed, the Environmental Checklist (Form "J") will meet the
requirements of Local Guidelines Section 5.05 for an Initial Study 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 Environmental Checklist as
an Initial Study. An Initial Study must contain more than mere conclusions. It must disclose
supporting data or evidence upon which the Lead Agency relied in conducting the Initial Study.
The Lead Agency must augment checklists with supporting factual data and reference
information sources when completing the forms. Explanation of all "potential impact" answers
should be provided on attached sheets. For controversial projects, it is advisable to state briefly
why "no" answers were checked. If practicable, attach a list of reference materials, such as prior
EIRs, plans, traffic studies, air quality data, or other supporting studies.
5.08 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS.
In evaluating the environmental significance of effects disclosed by the Initial Study, the
Lead Agency shall consider:
(a) Whether the Initial Study and/or any comments received informally during consultations
indicate that a fair argument can be made that the project may have a significant adverse
environmental impact which cannot be mitigated to a level of insignificance. Even if a
fair argument can be made to the contrary, an EIR should be prepared;
(b) Whether both primary (direct) and secondary (indirect) consequences of the project were
evaluated. Primary consequences are immediately related to the project, while secondary
consequences are related more to the primary consequences than to the project itself. For
example, secondary impacts upon the resources base, including land, air, water and
energy use of an area, may result from population growth, a primary impact;
(c) Whether adverse social and economic changes will result from a physical change caused
by the project. Adverse economic and social changes resulting from a project are not, in
themselves, significant environmental effects. However, if such adverse changes cause
physical changes in the environment, those consequences may be used as the basis for
finding that the physical change is significant;
(d) Whether there is serious public controversy or disagreement among experts over the
environmental effects of the project. However, the existence of public controversy or
disagreement among experts does not, without more, require preparation of an EIR in the
absence of substantial evidence of significant effects;
(e) Whether the cumulative impact of the project is significant and whether the incremental
effects of the project are "cumulatively considerable" (as defined in Local Guidelines
Section 10.12) when viewed in connection with the effects of past projects, current
projects, and probable future projects. The City may conclude that a project's
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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 (including, but not limited to, water quality control plan, air quality attainment
or maintenance plan, integrated waste management plan, habitat conservation plan,
natural community conservation plan, plans or regulations for the reduction of
greenhouse gas emissions) that provides specific requirements that will avoid or
substantially lessen the cumulative problem. To be used for this purpose, such a plan or
program must be specified in law or adopted by the public agency with jurisdiction over
the affected resources through a public review process. In relying on such a plan or
program, the City should explain which requirements apply to the project and ensure that
the project's incremental contribution is not cumulatively considerable; and
(f) Whether the project may cause a substantial adverse change in the significance of an
archaeological or historical resource.
5.09 MANDATORY FINDINGS OF SIGNIFICANT EFFECT.
Whenever there is substantial evidence, in light of the whole record, that any of the
conditions set forth below may occur, the Lead Agency shall find that the project may have a
significant effect on the environment and thereby shall require preparation of an EIR:
(a) The project has the potential to substantially 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 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, when acting as Lead
Agency, 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:
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(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, as Lead Agency, 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, as Lead Agency, 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
(c) The mitigation requirements must either avoid any net loss of habitat and net reduction in
number of the affected species, or preserve, restore, or enhance sufficient habitat to
mitigate the reduction in habitat and number of the affected species below a level of
significance.
5.10 MANDATORY PREPARATION OF AN EIR FOR WASTE -BURNING PROJECTS.
Lead Agencies shall prepare or cause to be prepared and certify the completion of an
EIR, or, if appropriate, an Addendum, Supplemental EIR, or Subsequent EIR, for any project
involving the burning of municipal wastes, hazardous waste or refuse -derived fuel, including, but
not limited to, tires, if the project consists of any of the following:
(a) The construction of a new facility;
(b) The expansion of an existing hazardous waste burning facility which would increase its
permitted capacity by more than 10%;
(c) The issuance of a hazardous waste facilities permit to a land disposal facility, as defined
in Local Guidelines Section 10.29; or
(d) The issuance of a hazardous waste facilities permit to an offsite large treatment facility,
as defined in Local Guidelines Sections 10.30 and 10.50.
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This section does not apply to projects listed in subsections (c) and (d), immediately
above, if the facility only manages hazardous waste that is identified or listed pursuant to Health
and Safety Code Section 25140 or 25141 or only conducts activities which are regulated
pursuant to Health and Safety Code Section 25100, et seq.
The Lead Agency shall calculate the percentage of expansion for an existing facility by
comparing the proposed facility's capacity with either of the following, as applicable:
(a) The facility capacity authorized in the facility's hazardous waste facilities permit
pursuant to Health and Safety Code Section 25200, or its grant of interim status pursuant
to Health and Safety Code Section 25200.5, or the facility capacity authorized in any
state or local agency permit allowing the construction or operation of the facility for the
burning of hazardous waste granted before January 1, 1990; or
(b) The facility capacity authorized in the facility's original hazardous facilities permit, grant
of interim status, or any state or local agency permit allowing the construction or
operation of a facility for the burning of hazardous waste, granted on or after January 1,
1990.
This section does not apply to any project over which the State Energy Resources
Conservation and Development Commission has assumed jurisdiction per Health and Safety
Code Section 25500, et seq.
The EIR requirement is also subject to a number of exceptions for specific types of
waste -burning projects. (Public Resources Code Section 21151.1 and State Guidelines Section
15081.5.) Even if preparation of an EIR is not mandatory for a particular type of waste -burning
project, those projects are not exempt from the other requirements of CEQA, the State
Guidelines, or these Local Guidelines. In addition, waste -burning projects are subject to special
notice requirements under Public Resources Code Section 21092. Specifically, in addition to the
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 not addressed 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
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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 eity'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
demolition of a historical resource, since such demolitions have been determined to cause a
significant effect on the environment.
Substantial adverse change in the significance of a historical resource means physical
demolition, destruction, relocation or alteration of the resource or its immediate surroundings,
such that the significance of a historical resource would be materially impaired.
The significance of a historical resource is materially impaired when a project:
(a) Demolishes or materially alters in an adverse manner those physical characteristics of a
historical resource that convey its historical significance and that justify its inclusion in,
or eligibility for inclusion in, the California Register of Historical Resources;
(b) Demolishes or materially alters in an adverse manner those physical characteristics that
account for its inclusion in a local register of historical resources or its identification in a
historical resources survey, unless the Lead Agency establishes by a preponderance of
evidence that the resource is not historically or culturally significant; or
(c) Demolishes or materially alters in an adverse manner those physical characteristics of a
historical resource that convey its historical significance and that justify its eligibility for
inclusion in the California Register of Historical Resources as determined by the Lead
Agency for purposes of CEQA.
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Generally, a project that follows either one of the following sets of standards and
guidelines will be considered mitigated to a level of less than significant: (a) the Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
(1995), Weeks and Grimmer.
In the event of an accidental discovery of a possible historical resource during
construction of the project, the City may provide for the evaluation of the find by a qualified
archaeologist or other professional. If the find is determined to be a historical 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.
5.14 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES.
When a project will impact an archaeological site, the City shall first determine whether
the site is a historical resource, as defined in Local Guidelines Section 10.25. If the
archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an
archaeological resource. If the archaeological site does not meet the definition of a historical
resource, but does meet the definition of a unique archaeological resource set forth in Public
Resources Code Section 21083.2, the site shall be treated in accordance with said provisions of
the Public Resources Code. The time and cost limitations described in Section 21083.2(c-f) do
not apply to surveys and site evaluation activities intended to determine whether the project site
contains unique archaeological resources.
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).
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5.15 CONS UUrvrION 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 may 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
county board of supervisors must approve the water assessment prepared pursuant to this
paragraph at a regular or special meeting.
As per Water Code section 10910, the water assessment must include identification of
existing water supply entitlements, water rights, or water service contracts relevant to the water
supply for the proposed project and water received in prior years pursuant to those entitlements,
rights, and contracts, and further information is required if water supplies include groundwater.
The water assessment must determine the ability of the public water system to meet existing and
future demands along with the demands of the proposed water demand project in light of existing
and future water supplies. This supply demand analysis is to be conducted via a twenty-year
projection, and must assess water supply sufficiency during normal year, single dry year, and
multiple dry year hydrology scenarios. If the public water agency concludes that the water
supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies.
The city or county may grant the public water agency a thirty (30) day extension of time
to prepare the assessment if the public water agency requests an extension within ninety (90)
days of being asked to prepare the assessment. If the governing body of the public water system
fails to request and receive an extension of time, or fails to submit the water assessment
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notwithstanding the thirty (30) day extension, the city or county may seek a writ of mandamus to
compel the governing body of the public water system to comply.
The city or county shall include the water assessment, and any water acquisition plan in
the EIR, negative declaration, or mitigated negative declaration, or any supplement thereto,
prepared for the project, and may include an evaluation of the water assessment and water
acquisition plan information within such environmental document. A discussion of water supply
availability should be included in the main text of the environmental document. Normally, this
discussion should be based on the data and information included in the water supply assessment.
In making its required findings under CEQA, the city or county shall determine, based on the
entire record, whether projected water supplies will be sufficient to satisfy the demands of the
project, in addition to existing and planned future uses. If a city or county determines that water
supplies will not be sufficient, the city or county shall include that determination in its findings
for the project.
If a water -demand project has been the subject of a water assessment, no additional water
assessment shall be required for subsequent water -demand projects that were included in the
larger water -demand project if all of the following criteria are met:
(1) The entity completing the water assessment concluded that its water
supplies are sufficient to meet the projected water demand associated with
the larger water -demand project, in addition to the existing and planned
future uses, including, but not limited to, agricultural and industrial uses;
and
(2) None of the following changes has occurred since the completion of the
water assessment for the larger water -demand project:
(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; and
(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 (see Form "O" for a sample) from the
applicable public water system(s) that a sufficient water supply is available before approving
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certain residential 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.
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.
5.18 CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS.
A. Estimating or Calculating the Magnitude of the Project's Greenhouse Gas
Emissions.
The City shall analyze the greenhouse gas emissions of its projects as required in State
CEQA Guidelines section 15064.4. For projects subject to CEQA, the City should make a good -
faith effort, based to the extent possible on scientific and factual data, to describe, calculate or
estimate the amount of greenhouse gas emissions resulting from a project.
For its projects, the City, as Lead Agency, shall have discretion to determine the
appropriate model or methodology for analyzing greenhouse gas emissions for each particular
project. The City is not required to use the same model or methodology in every instance, but
should explain the choice and limitations of the model or methodology chosen in the record of
proceedings. In performing the analysis of greenhouse gas emissions, the City may perform a
quantitative analysis, rely on a qualitative analysis or performance based standards, or use a
combination of quantitative and qualitative analysis as appropriate for the project.
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B. Factors in Determining Significance.
Once the magnitude of a project's emissions have been described, estimated or
calculated, the City should consider the following factors, among others, to determine whether
those emissions are significant:
(1) The extent to which the project may increase or reduce greenhouse gas
emissions as compared to the baseline. Physical environmental conditions
in the vicinity of the project, as they exist at the time the Notice of
Preparation is published or the time when the environmental analysis is
commenced, will normally constitute the baseline. All project phases,
including constriction and operation, should be considered in determining
whether a project will cause emissions to increase or decrease as
compared to the baseline;
(2) Whether the project emissions exceed a threshold of significance that the
Lead Agency determines applies to the project. Lead Agencies may rely
on thresholds of significance developed by experts or other agencies
provided that application of the threshold and the significance conclusion
is supported with substantial evidence. When relying on thresholds
developed by other agencies, Lead Agencies should ensure that the
threshold is appropriate for the project and the project's location; and
(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.
Additional guidance on the determination of significance is available in the Natural
Resources Agency's Final Statement of Reasons prepared for the Amendments to the State
CEQA Guidelines Addressing Analysis and Mitigation of Greenhouse Gas Emissions Pursuant
to SB97 (December 2009).
C. Consistency with Applicable Plans.
When an EIR is prepared, it must discuss any inconsistencies between the proposed
project and any applicable general plan, specific plans, and regional plans. This includes, but is
not limited to, any applicable air quality attainment plans, regional blueprint plans, or plans for
the reduction of greenhouse gas emissions.
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D. Mitigation Measures Related to Greenhouse Gas Emissions.
Lead Agencies 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. 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 State CEQA Guidelines Appendix F;
(3) Off -site measures, including offsets that are not otherwise required, 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.
E. Streamlined Analysis of Greenhouse Gas Emissions.
Under certain limited circumstances, the legislature has specifically declared that the
analysis of greenhouse gas emissions or climate change impacts may be limited. Public
Resources Code Sections 21155, 21155.2, and 21 159.28 provide that if certain residential, mixed
use and transit priority projects meet specified ratios and densities, then the lead agencies for
those projects may conduct a limited review of greenhouse gas emissions or may be exempted
from analyzing global warming impacts that result from cars and light duty trucks, if a detailed
list of requirements is met. However, unless the project is exempt from CEQA, the Lead Agency
must consider whether such projects will result in greenhouse gas emissions from other sources,
including, but not limited to, energy use, water use, and solid waste disposal
F. Tiering.
The City may analyze and mitigate the significant effects of greenhouse gas emissions at
a programmatic level. Later project -specific environmental documents may then tier from and/or
incorporate by reference that existing programmatic review.
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G. Plans for the Reduction of Greenhouse Gas Emissions.
Public agencies may choose to analyze and mitigate greenhouse gas emissions in a plan
for the reduction of greenhouse gas emissions or similar document. A plan for the reduction of
greenhouse gas emissions should:
(1) Quantify greenhouse gas emissions, both existing and projected over a
specified time period, resulting from activities within a defined geographic
area;
(2) Establish a level, based on substantial evidence, below which the
contribution to greenhouse gas emissions from activities covered by the
plan would not be cumulatively considerable;
(3) Identify and analyze the greenhouse gas emissions resulting from specific
actions or categories of actions anticipated within the geographic area;
(4) Specify measures or a group of measures, including performance
standards, that substantial evidence demonstrates, if implemented on a
project -by -project basis, would collectively achieve the specified
emissions level;
(5) Establish a mechanism to monitor the plan's progress toward achieving
the level and to require amendment if the plan is not achieving specified
levels; and
(6) Be adopted in a public process following environmental review.
A plan for the reduction of greenhouse gas emissions, once adopted following
certification of an EIR, or adoption of another environmental document, 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.
H. Analyzing the Effects of Climate Change on the Project.
Where an EIR is prepared for a project, the EIR shall analyze any significant
environmental effects the project might cause by bringing development and people into the
project area that may be affected by climate change. In particular, the EIR should evaluate any
potentially significant impacts of locating development in areas susceptible to hazardous
conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified in authoritative hazard
maps, risk assessments or in land use plans addressing such hazards areas. The analysis may be
limited to the potentially significant effects of locating the project in a potentially hazardous
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location. Further, this analysis may be limited by the project's life in relation to the potential of
such effects to occur and the availability of existing information related to potential future effects
of climate change. Further, the EIR need not include speculation regarding such future effects.
5.19 ENERGY CONSERVA"PION.
Potentially significant energy implications of a project must be considered in an EIR to
the extent relevant and applicable to the project. Therefore, the project description should
identify the following as applicable or relevant to the particular 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; and
(5) Total estimated daily vehicle trips to be generated by the project and the
additional energy consumed per trip by mode.
As described in Local Guideline Section 5.06, above, an initial study must include a
description of the environmental setting. 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;
(5) The effects of the project on energy resources; and/or
(6) The project's projected transportation energy use requirements and its
overall use of efficient transportation alternatives.
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As discussed above in Section 5.06, the Initial Study must identify the potential
environmental effects of the proposed activity. That discussion must include the unavoidable
adverse effects. Unavoidable adverse effects may include wasteful, inefficient and unnecessary
consumption of energy during the project construction, operation, maintenance and/or removal
that cannot be feasibly mitigated.
When discussing energy conservation, alternatives should be compared in terms of
overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary
consumption of energy.
5.20 ENVIRONMENTAL IMPACT ASSESSMENT.
The Initial Study identifies which environmental impacts may be significant. Based upon
the Initial Study, Staff shall determine whether a proposed project may or will have a significant
effect on the environment. Such determination shall be made in writing on the Environmental
Impact Assessment Form (Form "C"). If Staff finds that a project will not have a significant
effect on the environment, it shall recommend that a Negative Declaration be prepared and
adopted by the decision -making body. If Staff finds that a project may have a significant effect
on the environment, but the effects can be mitigated to a level of insignificance, it shall
recommend that a Mitigated Negative Declaration be prepared and adopted by the decision -
making body. If Staff finds that a project may have a significant effect on the environment, it
shall recommend that an EIR be prepared and certified by the decision -making body.
5.21 FINAL DETERMINATION.
The City Council shall have the final responsibility for determining whether an EIR,
Negative Declaration or Mitigated Negative Declaration shall be required for any project. The
City Council's determination shall be final and conclusive on all persons, including Responsible
Agencies and Trustee Agencies, except as provided in Section 15050(c) of the State Guidelines.
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6. NEGATIVE DECLARATION
6.01 DECISION "CO 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; or
(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 OR MITIGATED
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 decision -making 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:
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(1) Any water supply agency consulted under Local Guidelines Section 5.15;
(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; and
(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;
(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 6.05, to
the specified military services contact;
(e) For certain projects that involve the construction or alteration of a facility anticipated to
include hazardous air emissions or handle hazardous substances within one -quarter mile
of a school and that meet the other requirements of Local Guidelines Section 6.06, 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 regarding mandatory preparation of
EIR), 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 shall be provided to the agricultural and farm agencies and
organizations specified in Health and Safety Code Section 33333.3;
(h) A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the
Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every
Responsible Agency and Trustee Agency concerned with the project and every other
public agency with jurisdiction by law over resources affected by the project; and
(i) The Notice of Intent to Adopt a Negative Declaration (Form "D") must be filed and
posted with the County Clerk at least twenty (20) days, or, in cases subject to review by
the State Clearinghouse, posted by the County Clerk and the State Office and Planning
and Research at least thirty (30) days before the final adoption of the Negative
Declaration or Mitigated Negative Declaration by the decision -making body (see Local
Guidelines Section 6.07).
The City may require requests for notices to be renewed annually. If the City is not
otherwise required by CEQA or another regulation to provide notice, the City may charge a fee
for providing notices to individuals or organizations that have submitted written requests to
receive such notices, unless the request is made by another public agency.
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If the Negative Declaration or Mitigated Negative Declaration has been submitted to the
State Clearinghouse for circulation, the public review period shall be at least as long as the
period of review by the State 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
NOTIFICATION.
SERVICES; DEPARTMENT OF DEFENSE
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; or
(3) The project relates to a public use airport or certain lands surrounding a
public use airport;
(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 10.34 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
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requirements. See Public Resources Code Sections 21080.4 and 21092 and Health and Safety
Code Sections 25300, et seq.; 25396; and 25187.
The City must provide the military service with sufficient notice of its intent to adopt a
Negative Declaration or Mitigated Negative Declaration to ensure that the military service has no
fewer than twenty (20) days to review the documents before they are approved, provided that the
military service shall have a minimum of thirty (30) days to review the environmental documents
if the documents have been submitted to the State Clearinghouse. See State Guidelines Sections
15105(b) and 15190.5(c).
6.06 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/schools 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 255320), 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, a Lead Agency may not
approve a Negative Declaration unless both of the following have occurred:
(a) The 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(s) was given written notification of the project not less than thirty (30)
days prior to the proposed approval of the Negative Declaration.
When the City is considering the adoption of a Negative Declaration for a project that
meets these criteria, it can satisfy this requirement by providing the Notice of Intent to Adopt a
Negative Declaration and the proposed Negative Declaration and Initial Study to the potentially
affected school district at least thirty (30) days before the decision -making body will consider the
adoption of the Negative Declaration. See also Local Guidelines Section 6.04.
Implementation of this Guideline shall be consistent with the definitions and terms
utilized in State Guidelines Section 15186.
6.07 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE
DECLARATION.
The City shall have a copy of the Notice of Intent to Adopt, the Negative Declaration or
Mitigated Negative Declaration and the Initial Study posted at the City's offices and made
available for public inspection. The Notice must be provided either twenty (20) or thirty (30)
days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration. The
public review period for Negative Declarations or Mitigated Negative Declaration prepared for
projects subject to State Clearinghouse review must be circulated for at least as long as the
review period established by the State Clearinghouse, usually no less than thirty (30) days.
Under certain circumstances, a shortened review period of at least twenty (20) days may be
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approved by the State Clearinghouse as provided for in State Guidelines Section 15105. See the
Shortened Review Request Form "P." The state review period will commence on the date the
State Clearinghouse distributes the document to state agencies. The State Clearinghouse will
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.
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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:
(1) Projects which have the potential for causing significant environmental
effects beyond the city or county where the project would be located, such
as:
(a) Residential development of more than 500 units;
(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; or
(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;
(2) Projects for the cancellation of a Williamson Act contract covering more
than 100 acres;
(3) 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; or
(g) Areas within the jurisdiction of the San Francisco Bay
Conservation and Development Commission;
(4) Projects which would affect sensitive wildlife habitats or the habitats of
any rare, threatened, or endangered species;
(5) Projects which would interfere with water quality standards; and
(6) Projects which would provide housing, jobs, or occupancy for 500 or more
people within 10 miles of a nuclear power plant.
A Negative Declaration or Mitigated Negative Declaration may also be submitted to the
State Clearinghouse for circulation if a state agency has special expertise with regard to the
environmental impacts involved.
When the Negative Declaration or Mitigated Negative Declaration is submitted to the
State Clearinghouse for review, the review period shall be at least thirty (30) days. The review
period begins (day one) on the date that the State Clearinghouse distributes the Negative
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Declaration or Mitigated Negative Declaration to state agencies. The State Clearinghouse is
required to distribute the Negative Declaration or Mitigated Negative Declaration to state
agencies within three (3) working days from the date the State Clearinghouse receives the
document, as long as the Negative Declaration or Mitigated Negative Declaration is complete
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. Tile
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. 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. (A Lead Agency may also use Form "Q".) The printed summary allows both the
State Clearinghouse and agency CEQA coordinators to distribute the documents quickly without
the use of a computer. Form "Q" may be used as a cover sheet.
A shorter review period by the State Clearinghouse for a Negative Declaration or
Mitigated Negative Declaration can be requested by the decision -making 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 OPR. The decision -making body may designate by resolution or ordinance
an individual authorized to request a shorter review period. (See Form "P"). 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 OPR 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).)
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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.
6A0 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT
PROJECTS.
Under specific circumstances a city or county acting as Lead Agency must consult with
the public water system which will supply the project to determine whether it can adequately
supply the water needed for the project. In its role as a Lead Agency and as a potential
Responsible Agency, the City should be aware of these requirements. See Local Guidelines
Section 5.15 for more information on these requirements.
6.11 CONTENT OF NEGATIVE DECLARATION.
A Negative Declaration must be prepared directly by or under contract to the City and
should generally resemble Form "E." It shall contain the following information:
(a) A brief description of the project proposed, including any commonly used name for the
project;
(b) The location of the project and the name of the project proponent;
(c) A finding that the project as proposed will not have a significant effect on the
environment;
(d) An attached copy of the Initial Study documenting reasons to support the finding; and
(e) For a Mitigated Negative Declaration, feasible mitigation measures included in the
project to substantially lessen or avoid potentially significant effects, which must be fully
enforceable through permit conditions, agreements, or other measures. Such permit
conditions, agreements, and measures must be consistent with applicable constitutional
requirements such as the "nexus" and "rough proportionality" standards established by
case law.
The proposed Negative Declaration or Mitigated Negative Declaration must reflect the
independent judgment of the City.
6.12 TYPES OF MITIGATION.
The following is a non -exhaustive list of potential types of mitigation the City may
consider:
(a) Avoidance;
(b) Preservation;
(c) Rehabilitation or replacement. Replacement may be on -site or off -site depending on the
particular circumstances; and/or
(d) Participation in a fee program.
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6.13 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.
Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative
Declaration or Mitigated Negative Declaration, but in no event sooner than the expiration of the
applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or
Mitigated Negative Declaration may be presented to the decision -making body at a regular or
special meeting. Prior to adoption, the City shall independently review and analyze the Negative
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
decision -making 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 decision -
making 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 decision -making 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 decision -making body adopts a Negative Declaration or Mitigated
Negative Declaration, the City must have a procedure allowing for the appeal of that decision to
the Board of Directors.
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.
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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
or reference documents. Any mitigation measures submitted to the City by a Responsible or
Trustee Agency shall be limited to measures which mitigate impacts to resources which are
within the Responsible or Trustee Agency's authority.
Local agencies have the authority to levy fees sufficient to pay for this program.
Therefore, the City can charge the project proponent a fee to cover actual costs of program
processing and implementation.
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 for a project of statewide, regional
or areawide significance according to State Guidelines Section 15206. 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.
6.15 APPROVAL OR DISAPPROVAL OF PROJECT.
At the time of adoption of a Negative Declaration or Mitigated Negative Declaration, the
decision -making body may consider the project for purposes of approval or disapproval. Prior to
approving the project, the decision -making body shall consider the Negative Declaration or
Mitigated Negative Declaration, together with any written comments received and considered
during the public review period, and shall approve or disapprove the Negative Declaration or
Mitigated Negative Declaration. In making a finding as to whether there is any substantial
evidence that the project will have a significant effect on the environment, the factors listed in
Local Guidelines Section 5.08 should be considered. (See Local Guidelines Section 6.06 for
approval requirements for facilities which may emit hazardous pollutants or which may handle
extremely hazardous substances within one -quarter mile of a school site.)
6.16 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE
DECLARATION.
A Negative Declaration or Mitigated Negative Declaration must be recirculated when the
document must be substantially revised after the public review period but prior to its adoption.
A "substantial revision" occurs when the City has identified a new and avoidable significant
effect for which mitigation measures or project revisions must be added in order to reduce the
effect to a level of insignificance, or the City determines that the proposed mitigation measures
or project revisions will not reduce the potential effects to less than significant and new measures
or revisions must be required.
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Recirculation is not required under the following circumstances:
(a) Mitigation measures are replaced with equal or more effective measures, and the City
makes a finding to that effect;
(b) New project revisions are added after circulation of the Negative Declaration or
Mitigated Negative Declaration or in response to written or oral comments on the
project's effects, but the revisions do not create new significant environmental effects and
are not necessary to mitigate an avoidable significant effect;
(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 tiled notices available in electronic format on the Internet. Such electronic
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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 OPR within five (5) working days of project approval along with proof of payment of
the DFG fee or a no effect determination form from the. DFG (see Local Guidelines Section
6.21). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall
cause a copy of the Notice of Determination to be posted at City Hall.
If a written request has been made for a copy of the Notice prior to the date on which the
City adopts the Negative Declaration, the copy must be mailed, first class postage prepaid,
within five (5) days of 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. The
recipients of such documents may be charged a fee reasonably related to the cost of providing the
service.
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 the Notice of Determination with the County Clerk, and, if
necessary, with OPR, 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.
6.18 ADDENDUM TO NEGATIVE DECLARATION.
The City may prepare an addendum to an adopted Negative Declaration if only minor
technical changes or additions are necessary. The City may also prepare an addendum to an
adopted Negative Declaration when none of the conditions calling for a subsequent Negative
Declaration have occurred. (See Local Guidelines Section 6.19 below.) An addendum need not
be circulated for public review but can be attached to the adopted Negative Declaration. The
City shall consider the addendum with the adopted Negative Declaration prior to project
approval.
6.19 SUBSEQUENT NEGATIVE DECLARATION.
When a Negative Declaration has been adopted for a project, or when an EIR has been
certified, a subsequent Negative Declaration or EIR must be prepared in the following instances:
(a) Substantial changes are proposed in the project which will require major revisions of the
previous EIR or Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
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(b) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(c) New information of substantial importance which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was
certified or the Negative Declaration was adopted which shows any of the following:
(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 $2,044.00, or the then applicable fee, 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.
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Note: County Clerks are authorized to charge a documentary handling fee 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
with a non-profit entity or local government agency; however, the Lead Agency must obtain a
form showing that the DFG has determined that the project will have "no effect" on fish and
wildlife. (Fish and Game Code Section 711.4(c)(2)(A).) Projects that are statutorily or
categorically exempt from CEQA are also not subject to the filing fee, and do not require a no
effect determination (CEQA Local Guidelines Sections 15260 through 15333; Fish and Game
Code Section 711.4(d)(1)). Regional Department environmental review and permitting staff are
responsible for determining whether a project within their region will qualify for a no effect
determination and if the CEQA filing fee will be waived.
The request should be submitted when the CEQA document is released for public review,
or as early as possible in the public comment period. Documents submitted in digital format are
preferred (e.g. compact disk). If insufficient documentation is submitted to DFG for the
proposed project, a no effect determination will not be issued.
If the City believes that a project for which it is Lead Agency will have "no effect" on
fish or wildlife resources, it should contact the DFG Department Regional Office. The project's
CEQA document may need to be provided to the DFG Department Regional Office along with a
written request. Documentation submitted to the DFG Department Regional Office should set
forth facts in support of the fee exemption. Previous examples of projects that have qualified for
a fee exemption include: minor zoning changes that did not lead to or allow new construction,
grading, or other physical alterations to the environment and minor modifications to existing
structures including addition of a second story to single or multi -family residences.
It is important to note that the fee exemption requirement that the project have "no"
impact on fish or wildlife resources is more stringent than the former requirement that a project
have only "de mimmis" effects on fish or wildlife resources. DFG may determine that a project
would have no effect on fish and wildlife if all of the following conditions apply:
• The project would not result in or have the potential to result in harm, harassment,
or take of any fish and/or wildlife species.
• The project would not result in or have the potential to result in direct or indirect
destruction, ground disturbance, or other modification of any habitat that may support fish and/or
wildlife species.
• The project would not result in or have the potential to result in the removal of
vegetation with potential to support wildlife.
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• The project would not result in or have the potential to result in noise, vibration,
dust, light, pollution, or an alteration in water quality that may affect Fish and/or wildlife directly
or from a distance.
• The project would not result in or have the potential to result in any interference
with the movement of any fish and/or wildlife species.
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
"U.) 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.
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.
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7. ENVIRONMENTAL IMPACT REPORT
7.01 DECISION TO PREPARE AN EIR.
An EIR shall be prepared whenever there is substantial evidence in light of the whole
record which supports a fair argument that the project may have a significant effect on the
environment. (See Local Guidelines Sections 10.59 and 10.64.) The record may include the
Initial Study or other documents or studies prepared to assess the project's environmental
impacts.
7.02 CONTRACTING FOR PREPARATION OF FIRS.
If an EIR is prepared under a contract to the City, the contract must be executed within
forty-five (45) days from the date on which the City sends a Notice of Preparation. The City
may take longer to execute the contract if the project applicant and the City mutually agree to an
extension of the 45-day time limit.
The EIR prepared under contract must be the City's product. Staff, together with such
consultant help as may be required, shall independently review and analyze the EIR to verify its
accuracy, objectivity and completeness prior to presenting it to the decision -making body. The
EIR made available for public review must reflect the independent judgment of the City. Staff
may require such information and data from the person or entity proposing to carry out the
project as it deems necessary for completion of the EIR.
7.03 NOTICE OF PREPARATION OF DRAFT EIR.
After determining that an EIR will be required for a proposed project, the Lead Agency
shall prepare and send a Notice of Preparation (Form "G") to OPR and to each of the following:
(a) Each Responsible Agency and Trustee Agency involved with the project;
(b) Any other federal, state, or local agency which has jurisdiction by law or exercises
authority over resources affected by the project, including:
(1) Any water supply agency consulted under Local Guidelines Section 5.15;
(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; and
(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;
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(c) The last known name and address of all organizations and individuals who have
previously tiled 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;
(t) 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 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 OPR, 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 Lead Agency 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%' 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:
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(a) A "military service" (defined in Section 10.39 of these Local Guidelines) 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 10.34 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); and
(b) The project meets one of the following criteria:
(1) The project is within the boundaries specified pursuant to subsection (a) of
this guideline;
(2) The project includes a general plan amendment;
(3) The project is of statewide, regional, or areawide significance; or
(4) The project relates to a public use airport or certain lands surrounding a
public use airport.
When a project meets these requirements, the City must provide the military service's
designated contact with any Notice of Preparation, and/or Notice of Availability of Draft EIRs
that have been prepared for a 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.)
The City must provide the military service with sufficient notice of its intent to certify an
EIR to ensure that the military service has no fewer than thirty (30) days to review the document;
or forty-five (45) days to review the environmental documents before they are approved if the
documents have been submitted to the State Clearinghouse.
It should be noted that the effect, or potential effect, a project may have on military
activities does not itself constitute an adverse effect on the environment pursuant to CEQA.
7.05 PREPARATION OF DRAFT EIR.
The Lead Agency is responsible for preparing a Draft EIR and may begin preparation
immediately without awaiting responses to the Notice of Preparation. However, information
communicated to the Lead Agency not later than thirty (30) days after receipt of the Notice of
Preparation shall be included in the Draft EIR.
7.06 CONSULTATION WITH OTHER AGENCIES AND PERSONS.
To expedite consultation in response to the Notice of Preparation, the Lead Agency, a
Responsible Agency, or a project applicant may request a meeting among the agencies involved
to assist in determining the scope and content of the environmental information that the involved
agencies may require. For any project that may affect highways or other facilities under the
jurisdiction of the State Department of Transportation, the Department of Transportation can
request a scoping meeting. When acting as Lead Agency, the City must convene the meeting as
soon as possible but no later than thirty (30) days after a request is made. When acting as a
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Responsible Agency, the City should make any requests for consultation as soon as possible after
receiving a Notice of Preparation.
Prior to completion of the Draft EIR, the Lead Agency shall consult with each
Responsible Agency and any public agency which has jurisdiction by law over the project.
When acting as a Lead Agency, 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. For private projects, 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 Lead Agency may be
required to conduct a scoping meeting to take additional input regarding the impacts to be
analyzed in the EIR. The Lead Agency is required to conduct a scoping meeting when:
(a) The meeting is requested by a Responsible Agency, a Trustee Agency, OPR, 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.
When acting as Lead Agency, 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
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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.
A Responsible Agency or other public agency shall only make comments regarding those
activities within its area of expertise or which are required to be carried out or approved by it.
These comments must be supported by specific documentation. Any mitigation measures
submitted to the City by a Responsible or Trustee Agency shall be limited to measures which
mitigate impacts to resources which are within the Responsible or Trustee Agency's authority.
For projects of statewide, areawide, or regional significance, consultation with
transportation planning agencies or with public agencies that have transportation facilities within
their jurisdictions shall be for the purpose of obtaining information concerning the project's
effect on major local arterials, public transit, freeways, highways, overpasses, on -ramps, off -
ramps, and rail transit services. Any transportation planning agency or public agency that
provides information to the Lead Agency must be notified of, and provided with, copies of any
environmental documents relating to the project.
7.07 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE.
When the project involves the issuance of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies, the City, upon request of the applicant, shall
meet with the applicant regarding the range of actions, potential alternatives, mitigation measures
and significant effects to be analyzed in depth in the EIR. The City may also consult with
concerned persons identified by the applicant and persons who have made written requests to be
consulted. Such requests for early consultation must be made not later than thirty (30) days after
the City's decision to prepare an EIR.
7.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT
PROJECTS.
For certain development projects, cities and counties must consult with water agencies.
(See Local Guidelines Sections 5.15 and 5.16 for more information on these requirements.)
7.09 AIRPORT LAND USE PLAN.
When the City prepares an EIR for a project within the boundaries of a comprehensive
airport land use plan or, if such a plan has not been adopted for a project within two (2) nautical
miles of a public airport or public use airport, the City shall utilize the Airport Land Use
Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation
of the EIR relative to potential airport or related safety hazards and noise problems.
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7.10 GENERAL ASPECTS OF AN EIR.
Both a Draft and Final EIR must contain the information outlined in Local Guidelines
Section 7.14. Each element must be covered, and when elements are not separated into distinct
sections, the document must state where in the document each element is covered.
The body of the EIR shall include summarized technical data, maps, diagrams and similar
relevant information. Highly technical and specialized analyses and data should be included in
appendices. Appendices may be prepared in separate volumes, but must be equally available to
the public for examination. All documents used in preparation of the EIR must be referenced.
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, 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.
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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.
7.13 STANDARDS FOR ADEQUACY OF AN EIR.
An EIR should be prepared with a sufficient degree of analysis to provide decision -
makers with information which enables them to make a decision which takes into account the
environmental consequences of the project. The evaluation of environmental effects need not be
exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be
written and presented in such a way that it can be understood by governmental decision -makers
and members of the public. A good faith effort at completeness is necessary. The adequacy of
an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the
project at issue, the severity of its likely environmental impacts, and the geographic scope of the
project. CEQA does not require a Lead Agency to conduct every test or perform all research,
study, and experimentation recommended or demanded by commenters, but CEQA does require
the Lead Agency to make a good faith, reasoned response to timely comments raising significant
environmental issues.
There is no need to unreasonably delay adoption of an EIR in order to include results of
studies in progress, even if those studies will shed some additional light on subjects related to the
project.
7.14 FORM AND CONTENT OF EIR.
The text of the EIR should normally be less than 150 pages. For proposals of unusual
scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300
pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the
State Guidelines. In brief, the EIR must contain:
(a) A table of contents or an index;
(b) A brief summary of the proposed project, including each significant effect with proposed
mitigation measures and alternatives, areas of known controversy and issues to be
resolved including the choice among alternatives, how to mitigate the significant effects
and whether there are any significant and unavoidable impacts (generally, the summary
should be less than fifteen (15) pages);
(c) A description of the proposed project, including its underlying purpose and a list of
permit and other approvals required to implement the project (see Local Guidelines
Section 7.19 regarding analysis of future project expansion);
(d) A description of the environmental setting which includes the project's physical
environmental conditions from both a local and regional perspective at the time the
Notice of Preparation is published, or if no Notice of Preparation is published, at the time
environmental analysis begins. (State Guidelines Section 15125.) This environmental
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setting will normally constitute the baseline physical conditions by which the Lead
Agency determines whether an impact is significant. However, the City may choose any
baseline that is appropriate as long as the Lead Agency's choice of baseline is supported
by substantial evidence;
(e) A discussion of any inconsistencies between the proposed project and applicable general,
specific and regional plans. Such plans include, but are not limited to, the applicable air
quality attainment or maintenance plan or State Implementation Plan, areawide waste
treatment and water quality control plans, regional transportation plans, regional housing
allocation, regional blueprint plans, plans for the reduction of greenhouse gas emissions,
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;
(i) 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 NEPA;
(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;
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(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;
(p) A discussion of those potential effects of the proposed project on the environment which
the City has determined are or may be significant. The discussion on other effects may
be limited to a brief explanation as to why those effects are not potentially significant;
and
(q) A description of feasible measures, as set forth in Local Guidelines Section 7.17, which
could minimize significant adverse impacts.
7.15 CONSIDERATION AND DISCUSSION OF SIGNIFICANT ENVIRONMENTAL IMPACTS.
An EIR must identify and focus on the significant environmental effects of the proposed
project. In assessing the proposed project's potential impacts on the environment, the City
should normally limit its examination to comparing changes that would result from the project as
compared to the existing physical conditions in the affected area as they exist when the Notice of
Preparation is published. If a Notice of Preparation is not published for the project, the City
should compare the proposed project's potential impacts to the physical conditions that exist at
the time environmental review begins.
Direct and indirect significant effects of the project on the environment must be clearly
identified and described, considering both the short-term and long-term effects. The discussion
should include relevant specifics of the area, the resources involved, physical changes,
alterations to ecological systems, and changes induced in population distribution, population
concentration, the human use of the land (including commercial and residential development),
health and safety problems caused by the physical changes, and other aspects of the project that
may impact resources in the project area, such as water, historical resources, scenic quality, and
public services. The EIR must also analyze any significant environmental effects the project
might cause by bringing development and people into the area. If applicable, an EIR should also
evaluate the impacts of locating development in other areas susceptible to hazardous conditions
(e.g., floodplains, coastlines, wildfire risk areas) as identified on authoritative hazard maps, risk
assessments or in land use plans addressing such hazards areas.
The EIR must describe all significant impacts, including those which can be mitigated but
not reduced to a level of insignificance. Where there are impacts that cannot be alleviated
without imposing an alternative design, their implications and the reasons why the project is
being proposed, notwithstanding their effect, should be described.
The EIR must also discuss any significant irreversible environmental changes which
would be caused by the project. For example, use of nonrenewable resources during the initial
and continued phases of a project may be irreversible if a large commitment of such resources
makes removal or nonuse thereafter unlikely. Additionally, irreversible commitment of
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resources may include a discussion of how the project preempts future energy development or
future energy conservation. The discussion of irreversible commitment of resources may include
a discussion of how the project preempts future energy development or future energy
conservation. irretrievable commitments of resources to the proposed project should be
evaluated to assure that such current consumption is justified.
7.16 ANALYSIS OF CUMULATIVE IMPACTS.
An EIR must discuss cumulative impacts when the project's incremental effect is
"cumulatively considerable" as defined in Local Guidelines Section 10.12. When the City is
examining a project with an incremental effect that is not "cumulatively considerable," it need
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:
(1) 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:
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(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
information such as a regional modeling program. Documents used in
creating a summary of projections must be referenced and made available
to the public.
When utilizing a list, as suggested above, factors to consider when determining whether
to include a related project should include the nature of each environmental resource being
examined and the location and type of project. Location may be important, for example, when
water quality impacts are involved since projects outside the watershed would probably not
contribute to a cumulative effect. Project type may be important, for example, when the impact
is specialized, such as a particular air pollutant or mode of traffic.
Public Resources Code section 21094 also states that if a Lead Agency determines that a
cumulative effect has been adequately addressed in an earlier EIR, it need not be examined in a
later EIR if the later project's incremental contribution to the cumulative effect is not
cumulatively considerable. A cumulative effect has been adequately addressed in the prior EIR
if:
(1) it has been mitigated or avoided as a result of the prior EIR; or
(2) the cumulative effect has been examined in a sufficient level of detail to
enable the effect to be mitigated or avoided by site -specific revisions, the
imposition of conditions, or other means in connection with the approval
of the later project.
If the Lead Agency determines that the cumulative effect has been adequately addressed
in a prior EIR, it should clearly explain how in the current environmental documentation for the
project.
The City should define the geographic scope of the area affected by the cumulative effect
and provide a reasonable explanation for the geographic limitation used.
7.17 ANALYSIS OF MITIGATION MEASURES.
The discussion of mitigation measures in an EIR must distinguish between measures
proposed by project proponents and other measures proposed by Lead, Responsible or Trust
Agencies. This discussion shall identify mitigation measures for each significant environmental
effect identified in the EIR.
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Where several measures are available to mitigate an impact, each should be disclosed and
the basis for selecting a particular measure should be identified. Formulation of mitigation
measures should not be deferred until some future time. However, measures may specify
performance standards which would mitigate the significant effects of the project and which may
be accomplished in more than one specified way where: (1) the measures address the kind of
impacts for which mitigation is known to be feasible; and (2) the measures are proposed early in.
the environmental review process.
If a mitigation measure would cause one or more significant effects in addition to those
that would be caused by the project as proposed, the effects of the mitigation measure shall be
disclosed but in less detail than the significant effects of the project itself.
If a project includes a housing development, the City may not reduce the project's
proposed number of housing units as a mitigation measure or project alternative if the City
determines that there is another feasible specific mitigation measure or project alternative that
would provide a comparable level of mitigation without reducing the number of housing units.
Mitigation measures must be fully enforceable through permit conditions, agreements, or
other legally binding instruments. In the case of the adoption of a plan, policy, regulating, or
other public project, mitigation measures can be incorporated into the plan, policy, regulation, or
project design. Mitigation measures must also be consistent with all applicable constitutional
requirements such as the "nexus" and "rough proportionality" standards.
Where maintenance, repair, stabilization, rehabilitation, restoration, preservation,
conservation or reconstruction of the historical resource will be conducted in a manner consistent
with the Secretary of the Interior's "Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings"
(1995), Weeks and Grimmer, the project's impact on the historical resource shall generally be
considered mitigated below a level of significance and thus not significant.
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; and
(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;
and/or
(4) Deeding the site into a permanent conservation easement.
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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 decision -making
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
effects, even if those alternatives would be more costly or would impede to some degree the
attainment of the project's objectives. The EIR should briefly describe the rationale for selecting
the alternatives to be discussed. The EIR should also identify any alternatives that were
considered by the Lead Agency and rejected as infeasible during the scoping process, and it
should briefly explain the reasons for rejecting those alternatives. Additional information
explaining the choice of alternatives should be included in the administrative record. Among the
factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (a)
failure to meet most of the basic project objectives; (b) infeasibility; or (c) inability to avoid
significant environmental impacts.
Evaluation of Alternatives: The EIR shall include sufficient information about each
alternative to allow meaningful evaluation, analysis and comparison with the proposed project.
A matrix displaying the major characteristics and significant environmental effects of each
alternative may be used to summarize the comparison. The matrix may also identify and
compare the extent to which each alternative meets project objectives. If an alternative would
cause one or more significant effects in addition to those that would be caused by the project as
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proposed, the significant effects of the alternative shall be discussed but in less detail than the
significant effects of the project as proposed.
The Rule of Reason: The range of alternatives required in an EIR is governed by a "Wile
of reason" which courts have held means that an alternatives discussion must be reasonable in
scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit
public participation, informed decision -making, and a reasoned choice. The alternatives shall be
limited to ones that would avoid or substantially lessen any of the significant effects of the
project. Of those alternatives, the EIR need examine in detail only the ones the City determines
could feasibly attain most of the basic objectives of the project. An EIR need not consider an
alternative whose effect cannot be reasonably ascertained and whose implementation is remote
and speculative.
Feasibility of Alternatives: The factors that may be taken into account when addressing
the feasibility of alternatives include: site suitability; economic viability; availability of
infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional
boundaries (projects with a regionally significant impact should consider the regional context);
and whether the proponent already owns the alternative site or can reasonably acquire, control or
otherwise have access to the site. No one factor establishes a fixed limit on the scope of
reasonable alternatives.
Alternative Locations: The first step in the alternative location analysis is to determine
whether any of the significant effects of the project could be avoided or substantially lessened by
putting the project in another location. This is the key question in this analysis. Only locations
that would avoid or substantially lessen any of the significant effects of the project need be
considered for inclusion in the EIR.
The second step in this analysis is to determine whether any of the alternative locations
are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its
reasons, and it should include them in the EIR. When a previous document has sufficiently
analyzed a range of reasonable alternative locations and environmental impacts for a project with
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 Lead Agency
has chosen the existing environmental setting as the baseline.
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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.
Absent these two circumstances, future expansion of a project need not be discussed.
CEQA does not require speculative discussion of future development which is unspecific or
uncertain. However, if future action is not considered now, it must be considered and
environmentally evaluated before it is actually implemented.
7.20 NOTICE OF COMPLETION OF DRAFT EIR; NOTICE OF AVAILABILITY OF DRAFT EIR.
Notice of Completion. When the Draft EIR is completed, a Notice of Completion (Form
"H") must be filed with OPR in a printed hard copy or in electronic form on a diskette or by
electronic mail transmission. The Notice shall contain:
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(a) A brief description of the proposed project;
(b) The location of the proposed project including the proposed project's latitude and
longitude;
(c) An address where copies of the Draft EIR are available; and
(d) The review period during which comments will be received on the Draft EIR.
OPR has developed a model form Notice of Completion. Form H follows OPR's model.
To ensure that the documents are accepted by OPR staff, this form should be used when
documents are transmitted to OPR.
Notice of Availability. At the same time it sends a Notice of Completion to OPR, the
City shall provide public notice of the availability of the Draft EIR by distributing a Notice of
Availability of Draft EIR (Form "K"). The Notice of Availability shall include at least the
following information:
(a) A brief description of the proposed project and its location;
(b) The starting and ending dates for the review period, and whether the review period has
been shortened;
(c) The date, time, and place of any scheduled public meetings or hearings to be held by the
City on the proposed project, if the City knows this information when it prepares the
Notice;
(d) A list of the significant environmental effects anticipated as a result of the project;
(e) The address where copies of the EIR and all documents referenced in the EIR will be
available for public review. This location shall be readily accessible to the public during
the City's normal working hours; and
(f) A statement indicating whether the project site is included on any list of hazardous waste
facilities, land designated as hazardous waste property, or hazardous waste disposal site,
and, if so, the information required in the Hazardous Waste and Substances Statement
pursuant to Government Code Section 65962.5.
The Notice of Availability shall 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:
(1) Any water supply agency consulted under Local Guidelines Section 5.15;
(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;
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(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 10.34 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.
In addition, notice shall be given to the public by at least one of the following procedures:
(a) Publication of the Notice of Completion and/or the Notice of Availability 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 the Notice of Completion and/or the Notice of Availability on and off site in
the area where the project is to be located; or
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(c) Direct mailing of the Notice of Completion and/or the Notice of Availability to owners
and occupants of property contiguous to the project, as identified on the latest equalized
assessment roll.
The Notice of Completion and Notice of Availability shall be posted in the office of the
Clerk in each county in which the project is located for at least thirty (30) days. If the public
review period for the Draft EIR is longer than thirty (30) days, the City may wish to leave the
Notice posted until the public review period for the Draft EIR has expired.
Copies of the Draft EIR shall also be made available at the City office for review by
members of the general public. The City may require any person obtaining a copy of the Draft
EIR to reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should
also be furnished to appropriate public library systems.
The City is encouraged to make copies of filed notices available in electronic format on
the Internet. Such electronic postings are in addition to the procedures required by the CEQA
Guidelines and the Public Resources Code.
7.21 SUBIISSION OF DRAFT EIR TO STATE CLEARINGHOUSE.
A Draft EIR must be submitted to the State Clearinghouse for review by state agencies in
the following situations:
(a) A state agency is the Lead Agency for the Draft EIR;
(b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by
law over resources potentially affected by the project; or
(c) The Draft EIR is for a project identified in State Guidelines Section 15206 as being a
project 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:
(1) General plans, elements, or amendments for which an EIR was prepared;
(2) Projects which have the potential for causing significant environmental
effects beyond the city or county where the project would be located, such
as:
(a) Residential development of more than 500 units;
(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; and
(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;
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(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; or
(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; and
(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. Minimally, the City must submit one (1) copy of the
Notice of Completion and fifteen (15) copies of the entire document.
The City may submit fifteen (15) hard copies of the entire draft environmental document
or fifteen (15) CD-ROMs of the entire document. The document must be on a CD-ROM in a
common file format such as Word or Acrobat. In addition, each CD-ROM must be accompanied
by fifteen (15) printed copies of the DEIR summary (as described in Local Guidelines Section
6.08), executive summary, or introduction section. Form "Q" may be used as a cover sheet for
document transmittal. The summary allows both the State Clearinghouse and the various agency
CEQA coordinators to distribute the documents quickly without the use of a computer.
Submission of the Draft EIR to the State Clearinghouse affects the timing of the public
review period as set forth in Local Guidelines Section 7.23.
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7.22 SPECIAL NOTICE REQUIREMENTS FOR WASTE— AND FUEL —BURNING PROJECTS.
For any waste -burning project, as defined in Local Guidelines Section 5.10, in addition to
the notice requirements specified in Local Guidelines Sections 7.20 and 7.21, Notice of
Availability of the Draft EIR shall be given by direct mailing or any other method calculated to
provide delivery of the notice to the owners and occupants of property within one-fourth mile of
any parcel or parcels on which the project is located.
7.23 TIME FOR REVIEW OF DRAFT EIR; FAILURE TO COMMENT.
A period of between thirty (30) and sixty (60) days from the filing of the Notice of
Completion of the Draft EIR shall be allowed for review of and comment on the Draft EIR,
except in unusual situations. When a draft EIR is submitted to the State Clearinghouse for
review by state agencies, the public review period shall be at least forty-five (45) days, unless a
shorter period is approved by the State Clearinghouse as discussed below.
If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State
Clearinghouse, the public review period shall be at least as long as the review period established
by the State Clearinghouse. The public review period and the state agency review period may,
but are not required to, begin and end at the same time. The state agency review period begins
(day one) on the date that the State Clearinghouse distributes the Draft EIR to state agencies.
The State Clearinghouse is required to distribute the Draft EIR to state agencies within three (3)
working days from the date the State Clearinghouse receives the document, as long as the Draft
EIR is complete 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.
Under certain circumstances, a shorter review period of the Draft EIR by the State
Clearinghouse can be requested by the City; however, a shortened review period shall not be less
than thirty (30) days for a Draft EIR. Any request for a shortened review period must be made in
writing by the City to OPR. The City may designate a person to make these requests. The City
must contact all responsible and trustee agencies and obtain their agreement prior to obtaining a
shortened review period. (See the Shortened Review Request Form "P.")
A shortened review period is not available for any proposed project of statewide, regional
or areawide environmental significance as determined pursuant to State Guidelines Section
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.
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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 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, as Lead Agency, 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.
At least ten (10) days prior to certifying a Final EIR, the Lead Agency shall provide its
proposed written response to any public agency which has made comments on the Draft EIR
during the public review period. The City, as Lead Agency, is not required to respond to
comments received after the public review period. However, the City, as Lead Agency, should
consider responding to all comments if it will not delay action on the Final EIR, since any
comment received before final action on the EIR can form the basis of a legal challenge. A
written response that addresses the comment or adequately explains the City's action in light of
the comment may assist in defending against a legal challenge.
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7.26 PREPARATION AND CONTENTS OF FINAL EIR.
Following the receipt of any comments on the Draft EIR as required herein, such
comments shall be evaluated by Staff and a Final EIR shall be prepared.
The Final EIR shall meet all requirements of Local Guidelines Section 7.14 and shall
consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in
summary the comments and recommendations received through the review and consultation
process, a list of persons, organizations and public agencies commenting on the Draft, and a
section containing the responses of the City to the significant environmental points raised in the
review and consultation process.
7.27 RECIRCULATION WHEN NEW INFORMATION Is ADDED TO EIR.
When significant new information is added to the EIR after notice and consultation but
before certification, the Lead Agency must recirculate the Draft EIR for another public review
period. The term "information' can include changes in the project or environmental setting as
well as additional data or other information.
New information is significant only when the EIR is changed in a way that would deprive
the public of a meaningful opportunity to comment upon a substantial adverse environmental
effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible
project alternative, that the project proponents decline to implement. Recirculation is required,
for example, when:
(1) New information added to an EIR discloses:
(a) A new significant environmental impact resulting from the project
or from a new mitigation measure proposed to be implemented;
(b) A significant increase in the severity of an environmental impact
(unless mitigation measures are also adopted that reduce the
impact to a level of insignificance); or
(c) A feasible project alternative or mitigation measure that clearly
would lessen the significant environmental impacts of the project,
but which the project proponents decline to adopt; or
(2) The Draft EIR is so fundamentally and basically inadequate and
conclusory in nature that meaningful public review and comment were
precluded.
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.
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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 decision -making 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 decision -making body. The
decision -making 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 decision -making 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 decision -making body and the decision -making 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 decision -making 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.
7.29 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT.
Once the decision -making body has certified the EIR, it may then proceed to consider the
proposed project for purposes of approval or disapproval.
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7.30 FINDINGS.
The decision -making body shall not approve or carry out a project if a completed EIR
identifies one or more significant environmental effects of the project unless it makes one or
more of the following written findings for each such significant effect, accompanied by a brief
explanation of the rationale supporting each finding. For impacts that have been identified as
potentially significant, the possible findings are:
(a) Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment as identified in the Final EIR,
such that the impact has been reduced to a less -than -significant level;
(b) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the City. Such changes have been, or can and should be, adopted by that
other agency; or
(c) Specific economic, legal, social, technological or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or alternatives identified in the Final EIR. The
decision -making body must make specific written findings stating why it has rejected an
alternative to the project as infeasible.
The findings required by this Section shall be supported by substantial evidence in the
record. Measures identified and relied on to mitigate environmental impacts identified in the
EIR to below a level of significance should be expressly adopted or rejected in the findings. The
findings should include a description of the specific reasons for rejecting any mitigation
measures or project alternatives identified in the EIR that would reduce the significant impacts of
the project. Any mitigation measures that are adopted must be fully enforceable through permit
conditions, agreements, or other measures.
If any of the proposed alternatives could avoid or lessen an adverse impact for which no
mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If
the project is to be approved without including such alternative(s), the City shall find that
specific economic, legal, social, technological or other considerations, including considerations
for the provision of employment opportunities for highly trained workers, make infeasible the
alternatives identified in the Final EIR and shall list such considerations before such approval.
The decision -making body shall not approve or carry out a project as proposed unless:
(1) the project as approved will not have a significant effect on the environment; or (2) its
significant environmental effects have been eliminated or substantially lessened (as determined
through one or more of the findings indicated above), and any remaining unavoidable significant
effects have been found acceptable because of facts and circumstances described in a Statement
of Overriding Considerations (see Local Guidelines Section 7.32). Statements in the Draft EIR
or comments on the Draft EIR are not determinative of whether the project will have significant
effects.
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.
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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 Lead Agency may not
certify an EIR or approve a Negative Declaration unless it makes a finding that:
(a) The 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 decision -making body must adopt a Statement of Overriding Considerations. If
the decision -making 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."
Accordingly, the Statement of Overriding Considerations allows the decision -making
body to approve a project despite one or more unmitigated significant environmental impacts
identified in the Final EIR. A Statement of Overriding Considerations can be made only if
feasible project alternatives or mitigation measures do not exist to reduce the environmental
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impact(s) to a level of insignificance and the benefits of the project outweigh the adverse
environmental effect(s). The feasibility of project alternatives or mitigation measures is
determined by whether the project alternative or mitigation measure can be accomplished within
a reasonable period of time, taking into account economic, environmental, social, legal and
technological factors.
Project benefits which are appropriate to consider in the Statement of Overriding
Considerations include the economic, legal, environmental, technological and social value of the
project. The City may also consider region -wide or statewide environmental benefits.
Substantial evidence in the entire record must justify the decision -making body's findings
and its use of the Statement of Overriding Considerations. If the decision -making body makes a
Statement of Overriding Considerations, the Statement must be included in the record of the
project approval and it should be referenced in the Notice of Determination.
7.33 USING A PREVIOUSLY PREPARED STATEMENT OF OVERRIDING CONSIDERATIONS.
Under certain limited circumstances, Public Resources Code section 21094 allows a Lead
Agency to use of a previously adopted Statement of Overriding Considerations prepared for a
prior project in approving a later project. To "tier off' of the previous Statement of Overriding
Considerations, the Lead Agency must first determine that the significant environmental effects
of the later project are not greater than or different from those identified in the EIR prepared in
conjunction with the previous Statement of Overriding Considerations.
To rely on a previously adopted Statement of Overriding Considerations, the Lead
Agency must:
(1) Incorporate by reference the prior Statement of Overriding Considerations
adopted for the previous project;
(2) Determine that the impacts from the later project are not greater than or
different from those identified in the previous EIR;
(3) Find that the prior Statement of Overriding Considerations was not based
on a determination that mitigation measures would be identified and
approved in a subsequent environmental review;
(4) Determine that the mitigation measures or alternatives found to be
infeasible in the prior EIR remain infeasible and incorporate all applicable
mitigation measures identified in the prior EIR into the later project; and
(5) Demonstrate that the prior EIR was certified not more than three (3) years
before CEQA findings were made for the approval of the later project.
The Lead Agency should document all of the above findings in its staff report, resolution
approving the project or some other document or format that will be part of the administrative
record. Additional overriding considerations specific to the later project may also at the Lead
Agency's discretion be included in an additional Statement of Overriding Considerations.
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This procedure for tiering will sunset on January 1, 2016 unless it is extended by the
California Legislature.
7.34 NIITIGATION MONITORING OR REPORTING PROGRAM FOR EIR.
When making findings regarding an EIR, the City must do all of the following:
(a) 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 implemented
by the project proponent or other responsible party in a timely manner, in accordance
with conditions of project approval;
(b) Make sure all conditions and mitigation measures are feasible and fully enforceable
through permit conditions, agreements, or other measures. Such permit conditions,
agreements, and measures must be consistent with applicable constitutional requirements
such as the "nexus" and "rough proportionality" standards established by case law; and
(c) Specify the location and the custodian of the documents which constitute the record of
proceedings upon which the City based its decision in the resolution certifying the EIR.
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 Draft
EIR. Any mitigation measures required to mitigate or avoid significant effects on the
environment shall be adopted and made fully enforceable, such as by being imposed as
conditions of project approval.
The adequacy of a mitigation monitoring program is determined by the "rule of reason."
This means that a mitigation monitoring program does not need to provide every imaginable
measure. It needs only to provide measures that are reasonably feasible and that are necessary to
avoid significant impacts or to reduce the severity of impacts to a less -than -significant level.
The mitigation monitoring or reporting program shall be designed to assure compliance
with the mitigation measures during the implementation and construction of the project. 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 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.
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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;
(e) Enforcement procedures for noncompliance, including provisions for administrative
appeal; and/or
(fj Process for informing the City Council and staff of the relative success of mitigation
measures and using those results to improve future mitigation measures.
When a project is of statewide, regional, or areawide importance, any transportation
information generated by a mitigation monitoring or reporting program must be submitted to the
transportation planning agency in the region where the project is located, as well as to the
Department of Transportation.
7.35 NOTICE OF DETERMINATION.
After approval of a project for which the City is the Lead Agency, Staff shall cause a
Notice of Determination (Form "F") to be prepared, tiled, and posted. The Notice of
Determination shall include the following information:
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(a) An identification of the project, including its common name, where possible, and its
location;
(b) A brief description of the project;
(c) The date when the City approved the project;
(d) Whether the project in its approved form with mitigation will have a significant effect on
the environment;
(e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA;
(f) Whether mitigation measures were made a condition of the approval of the project;
(g) Whether findings and/or a Statement of Overriding Considerations was adopted for the
project; and
(h) The address where a copy of the EIR (with comments and responses) and the record of
project approval may be examined by the general public.
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. (To determine the fees
that must be paid with the filing of the Notice of Determination, see Local Guidelines Section
7.37 and the Staff Summary of the CEQA Process.) The County Clerk is required to 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 (t 2) months.
Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall
cause a copy of such Notice to be posted at City Hall. If the project requires discretionary
approval from a state agency, the Notice of Determination shall also be filed with OPR within
five (5) working days of project approval, along with proof that the City has paid the County
Clerk the DFG fee or a completed form from DFG documenting DFG's determination that the
project will have no effect on fish and wildlife. (If the City submits the Notice of Determination
in person, the City may bring an extra copy to be date stamped by OPR.)
When a request is made for a copy of the Notice of Determination 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 may make copies of filed notices available in electronic format on the Internet.
Such electronic notices, if provided, 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 OPR, usually starts a thirty (30) day statute of limitations
on court challenges to the approval under CEQA. When separate notices are tiled for successive
phases of the same overall project, the thirty (30) day statute of limitation to challenge the
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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.
7.36 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.
7.37 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.
7.38 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 $2,839.25, or the then applicable fee, 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 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.
No fees are required for projects with "no effect" on fish
certain projects undertaken by the DFG and implemented through
entity or local government agency. (See Local Guidelines Section
regarding a "no effect" determination.)
or wildlife resources or for
a contract with a non-profit
6.21 for more information
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Local Guidelines for Implementing the
Calitornia Environmental Quality Act (2011) TYPES OF E1RS
8. TYPES OF FIRS
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 Lead Agency 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 Lead Agency shall consider whether the
incremental effects of the project would be considerable when viewed in the context of past,
present, and probable future projects.
A Lead Agency may use only a valid CEQA document as a first -tier document.
Accordingly, the City, in its role as Lead Agency, 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.
A Lead Agency may also tier off of a previously prepared Statement of Overriding
Considerations if certain conditions are met. (See Local Guidelines Section 7.33.)
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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.
If the EIR for a redevelopment plan is a Project EIR, all public and private activities or
undertakings pursuant to or in hirtherance of the Redevelopment Plan shall constitute a single
project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan.
(State Guideline Section 15180.)
8.04 SUBSEQUENT EIR.
A Subsequent EIR is required when a previous EIR has been prepared and certified or a
Negative Declaration has been adopted for a project and at least one of the three following
situations occur:
(a) Substantial changes are proposed in the project which will require major revisions of a
previous EIR due to the identification of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(b) Substantial changes occur with respect to the circumstances under which the project is to
be undertaken which will require major revisions of a previous EIR due to the
identification of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
(c) New information, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified as complete or
the Negative Declaration was adopted, becomes available and shows any of the
following:
(1) the project will have one or more significant effects not discussed in a
previous EIR or Negative Declaration;
(2) significant effects previously examined will be substantially more severe
than shown in a previous EIR;
(3) mitigation measures or alternatives previously found not to be feasible are
in fact feasible and would substantially reduce one or more significant
effects, but the project proponent declines to adopt the mitigation
measures or alternatives; or
(4) mitigation measures or alternatives which were not considered in a
previous EIR would substantially lessen one or more significant effects on
the environment, but the project proponent declines to adopt the mitigation
measures or alternatives.
A Subsequent EIR must receive the same circulation and review as the previous EIR
received.
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In instances where the City is evaluating a modification or revision to an existing use
permit, the City may consider only those environmental impacts related to the changes between
what was allowed under the old permit and what is requested under the new permit. Only if
these differential impacts fall within the categories described above may the City require
additional environmental review.
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 decision -
making 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 decision -making 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 decision -making 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.
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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.
When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a
later approval is required for the project and the information available at the time of the later
approval would permit consideration of additional environmental impacts, mitigation measures,
or reasonable alternatives to the project.
8.08 PROGRAM EIR.
A Program EIR is an EIR which may be prepared on an integrated series of actions that
are related either:
(a) Geographically;
(b) As logical parts in a chain of contemplated actions;
(c) In connection with the issuance of rules, regulations, plans or other general criteria to
govern the conduct of a continuing program; or
(d) As individual projects carried out under the same authorizing statutory or regulatory
authority and having generally similar environmental effects which can be mitigated in
similar ways.
(State Guidelines Section, 15168.)
An advantage of using a Program EIR is that it can "[a]llow the Lead Agency to consider
broad policy alternatives and program wide mitigation measures at an early time when the
agency has greater flexibility to deal with basic problems or cumulative impacts." (State
Guidelines Section 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR
is prepared for a specific project and must examine in detail site -specific considerations. Program
EIRs are commonly used in conjunction with the process of tiering.
Tiering is the coverage of general matters in broader EIRs (such as on general plans or
policy statements) with subsequent narrower EIRs. (State Guidelines Section 15385; see also
Local Guidelines Sections 8.02 and 10.66.) Tiering is proper "when it helps a public agency to
focus upon the issues ripe for decision at each level of environmental review and in order to
exclude duplicative analysis of environmental effects examined in previous environmental
impact reports." (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court
recently ruled that a Program EIR is consistent with CEQA if it identifies potential sources of
water and analyzes the associated environmental effects in general terms. Rather, identification
of specific sources and environmental effects is required only at the second -tier stage when
specific projects are considered. (In re Bay -Delta etc. (2008) 43 Cal. 4th 1143.)
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Subsequent activities in the program must be examined in light of the Program EIR to
determine whether additional environmental documents must be prepared. Additional
environmental review documents must be prepared if the proposed later project may arguably
cause significant adverse effects on the environment.
8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT FIRS AND NEGATIVE DECLARATIONS.
A Program EIR can be used to simplify the task of preparing environmental documents in
later parts of the program. The Program EIR can:
(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 Guidelines 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.
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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
environmental effect and that no new mitigation measures or alternatives may be required, it may
prepare written findings to that effect without preparing a new environmental document. When
the Lead Agency makes this finding, it must provide public notice of the availability of its
proposed finding for public review and comment in the same manner as if it were providing
public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State
Guidelines and Section 7.20 of these Local Guidelines.)
A previously certified Master EIR cannot be relied upon to limit review of a subsequent
project if.
(a) A project not identified in the certified Master EIR has been approved and that project
may affect the adequacy of the Master EIR for the subsequent project now under
consideration; or
(b) The Master EIR was certified more than five (5) years before the filing of an application
for the subsequent project, unless the City reviews the adequacy of the Master EIR and:
(1) Finds that, since the Master EIR was certified, no substantial changes have
occurred that would cause the subsequent project to have significant
environmental impacts, and there is no new information that the
subsequent project would have significant environmental impacts; or
(2) Prepares an Initial Study and either certifies a Subsequent or Supplement
EIR or adopts a Mitigated Negative Declaration that addresses any
substantial changes or new information that would cause the subsequent
project to have potentially significant environmental impacts. The
certified subsequent or supplemental EIR must either be incorporated into
the previously certified Master EIR or the City must identify any
deletions, additions or other modifications to the previously certified
Master EIR in the new document. The City may include a section in the
subsequent or supplemental EIR that identifies these changes to the
previously certified Master EIR.
When the Lead Agency cannot find that the subsequent project will have no additional
significant environmental effect and no new mitigation measures or alternatives will be required,
it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project.
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8.12 FOCUSED EIR.
A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be
used only if the City finds that the Master EIR's analysis of cumulative, growth -inducing, and
irreversible significant environmental effects is adequate for the subsequent project. The
Focused EIR must incorporate by reference the Master EIR.
The Focused EIR must analyze additional significant environmental effects not addressed
in the Master EIR and any new mitigation measures or alternatives not included in the Master
EIR. "Additional significant effects on the environment" means those project -specific effects on
the environment which were not addressed as significant effects on the environment in the
Master EIR.
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.)
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8.13 SPECIAL REQUIRE:.NIEN'rS FOR REDEVELOPMEN'r 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 Lead Agency 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 Lead
Agency 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 Lead Agency can
approve the activity as being within the scope of the project covered by the Program EIR, and no
new environmental document is required.
If the EIR for a redevelopment plan is a Project EIR, all public and private activities or
undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single
project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan
Once certified, no subsequent EIRs will be needed unless required by State Guidelines sections
15162 or 15163. (State Guideline Section 15180.) If a Master EIR is prepared for a
redevelopment plan, subsequent projects will be subject to review if they would have effects that
were not examined in the Master EIR. If no new effects could occur or no new mitigation
measures would be required, it can approve the activity as being within the scope of the project
covered by the Master EIR, and no new environmental document is required.
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9. CEQA LITIGATION
9.01 TIMELINES.
When a CEQA lawsuit is tiled, 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. CEQA and the Code of Civil Procedure also
allow parties to seek sanctions for frivolous CEQA claims and CEQA counsel can help assess
the merits of the lawsuit. A "frivolous claim" is defined as "totally and completely without
merit." Under Public resources Code Section 21169.11, a court may impose sanctions of up to
$10,000 on a party making a frivolous claim in the course of an action brought under CEQA on
or before December 31, 2015.
9.02 MEDIATION AND SETTLEMENT.
After Litigation Has Been Filed. The parties in a CEQA lawsuit are required to meet
and discuss settlement. Within twenty (20) days of being served with a CEQA legal challenge,
the public agency named in the lawsuit must file a notice with the court setting forth the time
and place for a settlement meeting. The meeting must be scheduled and held not later than forty-
five (45) days from the date of service of the petition or complaint upon the public agency.
Usually the main parties to the litigation, (such as the Lead Agency, the developer of the project
if there is one, and those challenging the project and their respective attorneys) meet to discuss
settlement, there is no requirement to hire a professional mediator. The settlement meeting is
usually subject to a confidentiality agreement.
If the parties in a CEQA lawsuit are in settlement or mediation, that attempt is intended to
occur concurrently with the litigation. This means that the respondent public agency will be
required to comply with all existing litigation timelines and requirements (for example, preparing
and lodging the administrative record discussed below) while simultaneously conducting
settlement or mediation, unless the parties enter into an alternate agreement to stay the litigation
and that agreement is approved by the court.
Before Litigation Has Been Filed. CEQA also allows a potential petitioner to file a
request for mediation within five (5) business days of the filing of a Notice of Determination
("NOD") or a Notice of Exemption ("NOE") but before litigation is started. The Lead Agency
then has five (5) business days to respond the request. If the Lead Agency does not respond, the
request for mediation is deemed denied. If the parties agree to mediation, the statute of
limitations for tiling the CEQA suit is tolled, or frozen, for the duration of the mediation. If the
Lead Agency denies the request for mediation and a lawsuit is filed, the Lead Agency will still
be required to comply with the settlement meeting requirement discussed above.
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If the City receives a request for mediation, it should contact its legal counsel as soon as
possible. Note that this mediation provision only applies to NODs and NOES filed and posted on
or after July 1, 2011.
These provisions allowing for mediation before litigation will expire on January 1, 2016,
unless they are extended.
9.03 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 decision -making
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 decision -making 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;
(6) All written comments received in response to, or in connection with,
environmental documents prepared for the project, including responses to
the notice of preparation;
(7) All written evidence or correspondence submitted to, or transferred from,
the public agency with respect to compliance with CEQA or with respect
to the project;
(8) Any proposed decisions or findings submitted to the decision -making
body of the public agency by its staff or the project proponent, project
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opponents, or other persons, to the extent such documents are subject to
public disclosure;
(9) The documentation of the final public agency decision, including the final
environmental impact report, mitigated negative declaration, or negative
declaration, and all documents, in addition to those referenced in
paragraph (3) above, cited or relied on in the findings or in a statement of
overriding considerations adopted pursuant to CEQA;
(10) Any other written materials relevant to the respondent public agency's
compliance with CEQA or to its decision on the merits of the project,
including the initial study; any drafts of any environmental document, or
portions thereof, that were released for public review; copies of studies or
other documents relied upon in any environmental document prepared for
the project and either made available to the public during the public
review period or included in the public agency's files on the project; and
internal agency communications related to the project or to compliance
with CEQA, to the extent such documents are subject to public disclosure;
and
(11) The full written record before any inferior administrative decision -making
body whose decision was appealed prior to the filing of the lawsuit
The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to
do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any
alternative method of preparing the record. However, when a third party such as the project
applicant prepares or assists with the preparation of the administrative record, the Lead Agency
may not be able to recover fees incurred by the third party unless petitioner has agreed to this
method of preparation.
B. Organization of Administrative Record.
The administrative record should be organized as follows:
(1) Index. A detailed index must be included at the beginning of the
administrative record listing each document in the order presented. Each
entry must include the document's title, date, brief description, and the
volume and page where the document begins;
(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;
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(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.
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10. DEFINITIONS.
Whenever the following terms are used in these Local Guidelines, they shall have the
following meaning unless otherwise expressly defined:
10.01 "Agricultural Employee" means a person engaged in agriculture, including farming in
all its branches, and, among other things, includes: (1) the cultivation and tillage of
the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any
agricultural or horticultural commodities, (4) the raising of livestock, bees, forbearing
animals, or poultry, and (5) any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an incident to or in conjunction
with such farming operations, including preparation for market and delivery to
storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations
Act as agricultural employees pursuant to Section 2(3) of the Labor Management
Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the
Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This
definition does not apply to employees who perform work to be done at the site of the
construction, alteration, painting, or repair of a building, structure, or other work (as
these terms have been construed under Section 8(e) of the Labor Management
Relations Act, 29 United States Code Section 158(e)) or logging or timber -clearing
operations in initial preparation of land for farming, or who does land leveling or only
land surveying for any of the above. As used in this definition, "land leveling" shall
include only major land moving operations changing the contour of the land, but shall
not include annual or seasonal tillage or preparation of land for cultivation. (State
Guidelines Section 15191(a).)
10.02 "Applicant" means a person who proposes to carry out a project which requires a
lease, permit, license, certificate, or other entitlement for use, or requires financial aid
from one or more public agencies when applying for governmental approval or
assistance.
10.03 "Approval" means a decision by the decision -making body or other authorized body
or officer of the City which commits the City to a definite course of action with
regard to a particular project. With regard to any project to be undertaken directly by
the City, approval shall be deemed to occur on the date when the decision -making
body adopts a motion or resolution determining to proceed with the project, which in
no event shall be later than the date of adoption of plans and specifications. As to
private projects, approval shall be deemed to have occurred upon the earliest
commitment to provide service or the issuance by the City of a discretionary contract,
subsidy, or other form of financial assistance, lease, permit, license, certificate, or
other entitlement for use of the project. The mere acquisition of land by the City shall
not, in and of itself, be deemed to constitute approval of a project.
For purposes of these Local Guidelines, all environmental documents must be
completed as of the time of project approval.
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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 "CEQA" (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.
10.10 "Community -Level Environmental Review" means either (1) or (2) below:
(1) 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; or
(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.
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10.11 "Cumulative Impacts" means two or more individual effects which, when considered
together, are considerable or which compound or increase other environmental
impacts. The individual effects may be changes resulting from a single project or a
number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which
results from the incremental impact of the project when added to other closely related
past, present and reasonably foreseeable future projects. Cumulative impacts can
result from individually minor but collectively significant projects taking place over a
period of time.
10.12 "Cumulatively Considerable" means that the incremental effects of an individual
project 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.
10.13 "Decision -Making Body" means the body within the City, e.g., the City Council,
which has final approval authority over the particular project.
10.14 "Developed Open Space" means land that meets each of the following three criteria:
(1) Is publicly owned, or financed in whole or in part by public funds;
(2) Is generally open to, and available for use by, the public; and
(3) Is predominantly lacking in structural development other than structures
associated with open spaces, including, but not limited to, playgrounds,
swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed Open Space may include land that has been designated for acquisition by
a public agency for developed open space purposes, but does not include lands
acquired by public funds dedicated to the acquisition of land for housing purposes.
10.15 "Development Project" means any project undertaken for the purpose of
development, including any project involving the issuance of a permit for
construction or reconstruction but not a permit to operate. It does not include any
ministerial projects proposed to be carried out or approved by public agencies.
(Government Code Section 65928.)
10.16 "Discretionary Project" means a project for which approval requires the exercise of
independent judgment, deliberation, or decision -making on the part of the City.
10.17 "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.
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10.18 "Emergency" means a sudden, unexpected occurrence, involving a clear and
imminent danger, demanding immediate action to prevent or mitigate loss of, or
damage to, life, health, property, or essential public services. Emergency includes
such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well
as such occurrences as riot, war, terrorist incident, accident or sabotage.
10.19 "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).
10.20 "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.
10.21 "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.
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10.23 "Greenhouse Gases" include, but are not limited to, carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
10.24 "Guidelines" or "Local Guidelines" means the City's Local Guidelines for
implementing the California Environmental Quality Act.
10.25 "Historical Resources" include:
Resources listed in, or eligible for listing in, the California Register of Historical
Resources shall be considered historical resources.
A resource may be listed in the California Register if it meets any of the following
National Register of Historic Places criteria:
(a) Is associated with events that have made a significant contribution to
the broad patterns of California's history and cultural heritage;
(b) Is associated with the lives of persons important in our past;
(c) Embodies the distinctive characteristics of a type, period, region, or
method of construction, or represents the work of an important
creative individual, or possesses high artistic values; or
(d) Has yielded, or may be likely to yield, information important in
prehistory or history.
A resource may also be listed in the California Register if it is identified as significant
in an historical resource survey that meets all of the following criteria:
(a) The survey has been or will be included in the State Historic
Resources Inventory;
(b) The survey and the survey documentation were prepared in accordance
with office procedures and requirements; and
(c) The resource is evaluated and determined by the office to have a
significance rating of Category 1 to 5 on DPR Form 523.
Resources included on a list of properties officially designated or recognized as
historically significant by a local government pursuant to a local ordinance or
resolution, or identified as significant in a historical resource survey (as described
above) are presumed to be historically or culturally significant, unless a
preponderance of evidence demonstrates that they are not historically or culturally
significant.
Any of the following may be considered historically significant: any object, building,
structure, site, area, place, record or manuscript which a Lead Agency determines,
based upon substantial evidence in light of the whole record, to be historically
significant or significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical
resource, as defined in Public Resources Code Sections 5020.10) or 5024.1, even if it
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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).)
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10.31 "Lead Agency" means the public agency which has the principal responsibility for
preparing environmental documents and for carrying out or approving a project when
more than one public agency is involved with the same underlying activity.
10.32 "Low- and Moderate -Income Households" means persons and families of low or
moderate income" as defined in Section 50093 of the Health and Safety Code to mean
persons and families whose income does not exceed 120% of area median income,
adjusted for family size by the Department of Housing and Community Development,
in accordance with adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to Section 8
of the United States Housing Act of 1937. (Public Resources Code Section
21159.20(d); State Guidelines Section 15191(0.)
10.33 "Low -Income Households" means households of persons and families of very low
and low income. Low-income persons or families are those eligible for financial
assistance from governmental agencies for occupants of state -funded housing. Very
low income persons are those whose incomes do not exceed the qualifying limits for
very low income families as established and amended pursuant to Section 8 of the
United States Housing Act of 1937. Such limits are published and updated in the
California Code of Regulations. (Public Resources Code Section 21159.20(c); Health
and Safety Code Sections 50105 and 50106; State Guidelines Section 15191(g).)
10.34 "Low -Level Flight Path" means any flight path for any aircraft owned, maintained, or
under the jurisdiction of the United States Department of Defense that flies lower
than 1,500 feet above ground level, as indicated in the United States Department of
Defense Flight Information Publication, "Area Planning Military Training Routes:
North and South America (AP/1B)" published by the United States National Imagery
and Mapping Agency or its successor.
10.35 "Lower Income Households" is defined in Health and Safety Code Section 50079.5 to
mean any of the following:
(1) "Lower income households" means persons and families whose income does
not exceed the qualifying limits for lower income families as established and
amended from time to time pursuant to Section 8 of the United States Housing
Act of 1937;
(2) "Very low income households" means persons and families whose incomes do
not exceed the qualifying limits for very low income families as defined in
Health and Safety Code 50105; or
(3) "Extremely low income households" means persons and families whose
incomes do not exceed the qualifying limits for extremely low income
families as defined in Health and Safety Code Section 50106.
10.36 "Major Transit Stop" means a site containing an existing rail transit station, a ferry
terminal served by either a bus or rail transit service, or the intersection of two or
more major bus routes with a frequency of service interval of fifteen (15) minutes or
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less during the morning and afternoon peak commute periods. (State Guidelines
Section 15191(i).)
10.37 "Metropolitan Planning Organization" or "MPO" 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
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magnitude of the action and its implementation, rectifying the impact by repairing,
rehabilitating or restoring the impacted environment, reducing or eliminating the
impact over time by preservation and maintenance operations during the life of the
action, or compensating for the impact by replacing or providing substitute resources
or environments.
10.43 "Negative Declaration" or "ND" means a written statement by the City briefly
describing the reasons that a proposed project, not exempt from CEQA, will not have
a significant effect on the environment and, therefore, does not require the preparation
of an EIR.
10.44 "Notice of Completion' means a brief report tiled with the Office of Planning and
Research by the City when it is the Lead Agency as soon as it has completed a Draft
EIR and is prepared to send out copies for review.
10.45 "Notice of Determination" means a brief notice to be filed by the City when it
approves or determines to carry out a project which is subject to the requirements of
CEQA.
10.46 "Notice of Exemption' means a brief notice which may be tiled by the City when it
has approved or determined to carry out a project, and it has determined that the
project is exempt from the requirements of CEQA. Such a notice may also be filed
by an applicant where such a determination has been made by a public agency which
must approve the project.
10.47 "Notice of Preparation' means a brief notice sent by a Lead Agency to notify the
Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and
involved federal agencies that the Lead Agency plans to prepare an EIR for a project.
The purpose of this notice is to solicit guidance from those agencies as to the scope
and content of the environmental information to be included in the EIR. Public
agencies are free to develop their own formats for this notice.
10.48 "Oak" means a native tree species in the genus Quercus, not designated as Group A
or Group B commercial species pursuant to regulations adopted by the State Board of
Forestry and Fire Protection pursuant to Public Resources Code Section 4526, and
that is five (5) inches or more in diameter at breast height. (Public Resources Code
Section 21083.4(a).)
10.49 "Oak Woodlands" means an oak stand with a greater than 10 percent canopy cover or
that may have historically supported greater than 10 percent canopy cover. (Fish &
Game Code Section 1361(h).)
10.50 "Offsite Facility" means a facility that serves more than one generator of hazardous
waste. (Public Resources Code Section 21151.1(h).)
10.51 "Person' includes any person, firm, association, organization, partnership, business,
trust, corporation, company, city, county, city and county, town, the state, and any of
the agencies which may be political subdivisions of such entities, and, to the extent
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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; or
(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 151910).)
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
Guidelines Section 15155.)
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10.56 "Qualified Urban Use" means any residential, commercial, public institutional, transit
or transportation passenger facility, or retail use, or any combination of those uses.
(Public Resources Code Section 21072; State Guidelines Section 15191(k).)
10.57 "Residential" means a use consisting of either residential units only or residential
units and primarily neighborhood -serving goods, services, or retail uses that do not
exceed 15% of the total floor area of the project. (State Guidelines Section 15191(1).)
10.58 "Responsible Agency" means a public agency which proposes to carry out or approve
a project for which a Lead Agency has prepared the environmental documents. For
the purposes of CEQA, the term "Responsible Agency" includes all federal, state,
regional and local public agencies other than the Lead Agency which have
discretionary approval power over the project.
10.59 "Significant Effect" means a substantial, or potentially substantial, adverse change in
any of the physical conditions within the area affected by the activity including land,
air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance. A social or economic change related to a physical change may be
considered in determining whether the physical change is significant.
10.60 "Special Use Airspace" means the land area underlying the airspace that is designated
for training, research, development, or evaluation for a military service, as that land
area is established by he United States Department of Defense Flight Information
Publication, "Area Planning: Special Use Airspace: North and South America
(AP/IA)" published by the United States National Imagery and Mapping Agency or
its successor.
10.61 "Staff' means the City Manager or his or her designee.
10.62 "Standard" means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute,
ordinance, resolution, rule, regulation, order, or other standard of general
application;
(2) Adopted for the purpose of environmental protection;
(3) Adopted by a public agency through a public review process;
(4) Governs the same environmental effect which the change in the environment
is impacting; and
(5) Governs the jurisdiction where the project is located.
The definition of "standard" includes any thresholds of significance adopted by the
City which meet the requirements of this Section.
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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 CEQA 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; or
(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 Sections21003, 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
for the project area in either a sustainable communities strategy or an alternative
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planning strategy for which the California Air Resources Board has accepted a
Metropolitan Planning Organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented, achieve the
greenhouse gas emission reduction targets. Such a project may be exempt from
CEQA if a detailed laundry list of requirements is met. To qualify for the exemption,
the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square
footage;
(2) if the project contains between 26 percent and 50 percent non-residential uses,
the floor -to -area ratio (FAR) must be at least 0.75;
(3) have a minimum net density of 20 dwelling units per acre;
(4) be located within a half mile of a major transit stop or high -quality transit
corridor included in a regional transportation plan; and
(5) meet all the requirements of Public Resources Code Section 21155.1
10.68 "Transportation Facilities" includes major local arterials and public transit within five
(5) miles of the project site, and freeways, highways, and rail transit service within
ten (10) miles of the project site.
10.69 "Trustee Agency" means a State agency having jurisdiction by law over natural
resources affected by a project which are held in trust for the people of the State of
California. Trustee Agencies may include, but are not limited to, the following:
(a) The California Department of Fish and Game ("DFG") with regard to.
the fish and wildlife of the state, designated rare or endangered native
plants, and game refuges, ecological reserves, and other areas
administered by DFG;
(b) The State Lands Commission with regard to state owned "sovereign"
lands such as the beds of navigable waters and state school lands;
(c) The State Department of Parks and Recreation with regard to units of
the State Park System;
(d) The University of California with regard to sites within the Natural
Land and Water Reserve System; and/or
(e) The State Water Resources Control Board with respect to surface
waters.
10.70 "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.
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California Emiromnental OualityAct (2011) DEFINITIONS
10.71 "Urbanized Area" means either of the following:
(1) An incorporated city that either by itself or in combination with two
contiguous incorporated cities has a population of at least one hundred
thousand (100,000) persons;
(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:
l: 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).)
10.72 "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
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Local Guidelines for Implementing the
California Environmental Quality .act (2011) DEFINITIONS.
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), (t), and (g) of section 10910 of the
Water Code.
10.74 "Water Demand Project" means any one of the following:
(A) A residential development of more than 500 dwelling units;
(B) A shopping center or business establishment employing more than 1,000
persons or having more than 500,000 square feet of floor space;
(C) A commercial office building employing more than 1,000 persons or having
more than 250,000 square feet of floor space;
(D) A hotel or motel, or both, having more than 500 rooms;
(E) An industrial, manufacturing, or processing plant, or industrial park planned
to house more than 1,000 persons, occupying more than 40 acres of land, or
having more than 650,000 square feet of floor area;
(F) A mixed -use project that includes one or more of the projects specified in
subdivisions (A); (B), (C), (D), (E), or (G) of this section;
(G) A project that would demand an amount of water equivalent to, or greater
than, the amount of water; required by a 500 dwelling unit project; or
(H) For public water systems with fewer than 5,000 service connections, a project
that meets the following criteria:
(1) A proposed residential, business, commercial, hotel or motel, or
industrial development that would account for an increase of 10
percent or more in the number of a public water system's existing
service connections; or
(2) A mixed -use project that would demand an amount of water equivalent
to, or greater than, the amount of water required by residential
development that would represent an increase of 10 percent or more in
the number of the public water system's existing service connections.
(State Guidelines Section 15155.)
10.75 "Wetlands" has the same meaning as that term is construed in the regulations issued
by the United States Army Corps of Engineers pursuant to the Clean Water Act.
Thus, "wetlands" means areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
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Local Guidelines for Implementing the
California Environmental Quality Act (2011) DEFINITIONS.
similar areas. (Public Resources Code Section 21159.21(d), incorporating Title 33,
Code of Federal Regulations, Section 328.3.)
10.76 "Wildlife Habitat" means the ecological communities upon which wild animals,
birds, plants, fish, amphibians, and invertebrates depend for their conservation and
protection. (Public Resources Code Section 21159.21.)
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.
2011 City of Palm Desert Local Guidelines 10-16 CBest Best & Krieger LLP
Local Guidelines for Implementing the
Calitomia Environmental Quality Act t 201 1) FORMS
11. FORMS
2011 City of Palm Desert Local Guidelines 1 1-1 ('Best Best & Krieger LLP,
Local Guidelines for Implementing the
California Environmental Quality Act 12011) Common ACRONYMS
I2. COMMON ACRONYMS
A.*************************************************
ADEIR — Administrative Draft Environmental Impact Report
AQMD — Air Quality Management District
AQMP — Air Quality Management Plan
AR — Administrative Record
ARB — Air Resources Board
B.*************************************************
BMP — Best Management Practices
BO — Biological Opinion
C.*********************************************
Cal EPA — California Environmental Protection Agency
CAP — Climate Action Plan
CCAA — California Clean Air Act
CCR — California Code of Regulations (Title 14 Sections 15000 et seq are also known as
the State CEQA Guidelines.)
CE — Categorical Exclusion (NEPA)
CESA — California Endangered Species Act
CEQA — California Environmental Quality Act
CFR — Code of Federal Regulations
CMP — Congestion Management Plan
CRWQCB — California Regional Water Quality Control Board
D.*************************************************
DEIR — Draft Environmental Impact Report
DFG — Department of Fish and Game
E.**************************************************
EA — Environmental Assessment (NEPA term)
EIR — Environmental Impact Report
EIS — Environmental Impact Statement (NEPA term)
EPA — Environmental Protection Agency
ESA — Endangered Species Act; Environmental Site Assessment
F.**************************************************
FCAA — Federal Clean Air Act
FEIR — Final Environmental Impact Report
FOIA — Freedom of Information Act (Federal).
FONSI — Finding of No Significant Impact (NEPA term)
FWS — Fish and Wildlife Service
2011 City of Palm Desert Local Guidelines 12-1 ('Best Best & Krieger LLP
Local Guidelines for Implementing the
California Environmental Quality Act 12011) Common ACRONYMS
G.************************************************
GHG — Greenhouse Gas
GW — Ground Water
HH&E — Human Health and Environment
EIRA — Health Risk Assessment
HS — Hazardous Substance
IS — Initial Study
J.**************************************************
K.*************************************************
LADD — Lifetime Average Daily Dose; Lowest Acceptable Daily Dose
LEA — Local Enforcement Agency
LESA — Land Evaluation and Site Assessment
LUFT — Leaking Underground Fuel Tank
LUST — Leaking Underground Storage Tanks. Reference Part 213 of Public Act 451 of
1994.
M.*************************************************
MEIR — Master Environmental Impact Report
MMRP — Mitigation Monitoring and Reporting Plan
MPO — Metropolitan Planning Organization
MND — Mitigated Negative Declaration
N.**************************************************
ND — Negative Declaration
NEPA — National Environmental Policy Act
NOA — Notice of Availability
NOC — Notice of Completion
NOD — Notice of Determination
NOE — Notice of Exemption
NO[- Notice of Intent
NOP — Notice of Preparation
NOV — Notice of Violation
O.**************************************************
OPR — Office of Planning and Research
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Local Guidelines for Implementing the
Calitbrnia Em ironmental Quality Act (2011) Common ACRONYMS
P.*************#**********************************
PEIR — Program Environmental Impact Report. Sometimes also used to describe a
Project Environmental Impact Report
PM — Particulate Matter
PRA — Public Records Act
PSA — Permit Streamlining Act
R.*************************************************
RCRA - Resource Conservation and Recovery Act (1976) Governs definition, handling,
and disposal of hazardous waste.
S.******************************************
SCH — State Clearinghouse
SEIR — Supplemental or Subsequent Environmental Impact Report
SMARA — Surface Mining and Reclamation Act
SWMP — Stormwater Monitoring Program
SWPPP — Stormwater Pollution Prevention Program
T.**************************************************
TCM — Transportation Control Measure
TCP — Transportation Control Plan
TDS — Total Dissolved Solids
TMP — Transportation Management Plan
Title V — refers to Title V of the Clean Air Act related to ambient air quality provisions
TLV — Threshold Limit Value
U.*************************************************
UBC — Uniform Building Code
UFC — Uniform Fire Code
UGST — Underground Storage Tank
USDW — Underground Source of Drinking Water
UWMP — Urban Water Management Plan
V.**************************************************
VOC - Volatile Organic Compounds (Health & Safety Code, Section 25123.6.)
VOS - Vehicle Operating Survey
W.***********************************************
WQS — Water Quality Standard
WSA — Water Supply Assessment
WTP - Water Treatment Plant. A facility designed to provide treatment to water.
W WTP — Wastewater Treatment Plan
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Local Guidelines for Implementing the
California Environmental Quality Act (2011) Common ACRONYMS
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