Resolution 2190
7197A JHHW:SRC:nct 06/05/80
RESOLUTION NO. 2190
A RESOLUTION ADOPTING LOCAL GUIDELINES IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
RESCINDING GUIDELINES HERETOFORE ADOPTED
RESOLVED, by the Board of Directors of the South Tahoe Public Utility
District, E1 Dorado County, California, that
WHEREAS, this Board has heretofore adopted local guidelines implementing
the California Environmental Quality Act;
WHEREAS, said guidelines were based upon State EIR Guidelines issued by
the Secretary for Resources of the State Resources Agency and State Guidelines
have recently been amended;
WHEREAS, it 'is required by said Act and said State Guidelines that all
public agencies adopt local guidelines based upon said State guidelines;
WHEREAS, there has been filed with the District Clerk and ex officio
Secretary and presented to this Board, Local Guidelines Implementing the
California Environmental Quality Act, Revision June 1980, and this Board has-
%W reviewed said Guidelines and each and every part thereof; and
WHEREAS, it is in the public interest that said Local Guidelines be
adopted;
NOW, THEREFORE, it is hereby ORDERED as follows:
1. That the aforesaid Local Guidelines Implementing the California
Environmental Quality Act, Revision June 1980, be, and are hereby, adopted.
2. That the Local Guidelines heretofore adopted by this Board be, and
are hereby, rescinded.
Press Tent
South Tahoe Public Utility District
ATTEST:
121-12 1117w /d
4z /0 *
Clerk
ex officio Secretary
I hereby cer~ify that the foregoing is a full, true and correct copy of
Resolution No.21 9 duly and regularly adopted by the Board of Directors of
the South Tahoe-u6lic Utility District, E1 Dorado County, California, at a
meeting thereof duly held on the 3rd day of JULY , 1980, by the following
vote.
AYES, and in favor thereof, Directors:
OLSON, KASHUBA, WYNN AND JONES
NOES, Directors: NONE
ABSENT, Directors: Madden
Clerk an ex officio Secretary
South Tahoe Public Utility District
2
2844A JHHW:SSW:nct 07/24/79 c1v
SRC:ea:sc 05/13/80
SRC:nct 06/05/80
SOUTH TAHOE PUBLIC UTILITY DISTRICT
LOCAL GUIDELINES IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
REVISION - JUNE 1980
f
LOCAL GUIDELINES IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
TABLE OF CONTENTS
ARTICLE I - GENERAL
Section 1.1. Purposes 1
Section 1.2. Objectives 1
ARTICLE II - DEFINITIONS
Section 2.1. Approval 2
Section 2.2. Board 2
Section 2.3. Categorical Exemption 2
Section 2.4. Cumulative Impacts 2
Section 2.5. Discretionary Project 3
Section 2.6. District 3
Section 2.7. District's Staff 3
Section 2.8. Emergency 3
Section 2.9. Environment 3
Section 2.10. Environmental Documents 3
Section 2.11. EIR 3
Section 2.12. EIS - Environmental Impact Statement 3
Section 2.13. Feasible 3
Section 2.14. Initial Study 4
Section 2.15. Jurisdiction by Law 4
Section 2.16. Lead Agency 4
Section 2.17. Mitigation 4
Section 2.18. Negative Declaration 5
Section 2.19. Notice of Completion 5
Section 2.20. Notice of Determination 5
Section 2.21. Notice of Exemption 5
Section 2.22. Notice of Preparation 5
Section 2.23. Person 5
Section 2.24. Project 6
Section 2.25. Projects of Statewide, Regional or
Areawide Significance 6
Section 2.26. Responsible Agency 8
Section 2.27. Significant Effect on the Environment 8
Section 2.28. Tiering 8
Section 2.29. Trustee Agency 8
ARTICLE III - LEAD AGENCY DETERMINATION
Section 3.1. Staff Determination of Lead Agency 8
Section 3.2. State Assisted or Approved Projects 9
Section 3.3. Federally Assisted or Approved Projects 10
Section 3.4. Staff Finding That District is Lead Agency 10
Section 3.5. Staff Finding That Another Public Agency
is Lead Agency 10
i
1 4,
A. Preliminary Environmental Assessment Filing 10
B. Subsequent Findings Modifying Original Determination 10
Section 3.6. District's Duties As a Responsible Agency 11
A. In General 11
B. Response to Consultation Prior to Lead Agency's
Decision to Prepare a Negative Declaration or an EIR 11
C. Response to Notice of Preparation 11
D. Comments or Draft EIRs and Negative Declarations 12
E. Decision on Adequacy of EIR or Negative Declaration 12
F. Certification of EIR or Negative Declaration 12
G. Adoption of Alternatives or Mitigation Measures 12
H. Findings 12
I. Notice of Determination '13
ARTICLE IV - EXEMPT ACTIVITIES
Section 4.1. Staff Determination of Exemption 13
Section 4.2. "No Project" Exemption 13
Section 4.3. Feasibility and Planning Studies 13
Section 4.4. Emergency Projects 13
Section 4.5. Ministerial Projects 14
Section 4.6. Categorical Exemptions 14
A. Class I: Existing Facilities 14
B. Class II: Replacement or Reconstruction 15
C. Class III: New Construction of Small Structures 16
D. Class IV: Minor Alterations to Land 16
E. Class V: Minor Alterations in Land Use Limitations 17
F. Class VI: Information Collection 17
G. Class VII: Actions for Protection of Natural Resources 17
H. Class VIII: Actions for Protection of the Environment 18
I. Class IX: Inspection 18
J. Class X: Accessory Structures 18
K. Class XI: Surplus Property 18
L. Class XII: 'Acquisition of Lands for Wildlife
Conservation Purposes 18
M. Class XIII: Transfer of Ownership of Land in Order
to Create Parks 18
N. Class XIV: Open Space Easements 19
0. Class XV: Annexations of Existing Facilities and
Lots for Exempt Facilities 19
P. Class XVI: Changes in Organization of the District '19
Q. Class XVII: Enforcement Action by Regulatory Agencies 19
R. Class XVIII: Educational or Training Programs 20
S. Class XIX: Normal Operations of Facilities for
Public Gatherings 20
T. Class XX: Regulation of Working Conditions 20
U. Class XXI: Transfers of Ownership of Interest in Land
to Preserve Open Space 20
V. Class XXII: Leasing New Facilities 20
W. Exceptions 21
Section 4.7. Initial Review for Exemptions 21
A. Staff Finding of No Exemption 21
B. Staff Finding of Exemption 21
C. Retention of Preliminary Environmental Assessment;
Availability for Inspection 22
ii
IL
L Section 4.8. Notice of Exemption 22
A. Preparation 22
B. Filing 22
Section 4.9. Required Consultation 22
ARTICLE V - INITIAL STUDY PROCEDURES
Section 5.1. Undertaking of Initial Study; By Whom;
Submission of Data; Costs; Time of Undertaking 23
Section 5.2. Scope, Purposes and Contents of Initial Study 24
A. Scope 24
B. Purposes 24
C. Contents 24
Section 5.3. Examples of Significant Effect 25
Section 5.4. Mandatory Findings of Significance 25
Section 5.5. Staff Determination; Environmental Impact
Assessment 26
Section 5.6. Procedure Required as a Result of Staff
Determination 26
Section 5.7. General Rule as to Modifications 27
Section 5.8. Appeal 27
Section 5.9. District Determination Conclusive 27
Section 5.10. Master Environmental Assessment 27
ARTICLE VI - NEGATIVE DECLARATIONS
Section 6.1. Time Limitation 27
Section 6.2. Proposed Negative Declaration; Prior Consultation 28
Section 6.3. Content and Form of Negative Declaration 28
A. Contents 28
B. Form 29
Section 6.4. Filing of Negative Declaration 29
Section 6.5. Notice of Proposed Negative Declaration 29
Section 6.6. Comments from Agencies Having Jurisdiction by Law 29
Section 6.7. Board Approval or Disapproval of Project 30
Section 6.8. Notice of Determination 30
Section 6.9. Costs 31
ARTICLE VII - ENVIRONMENTAL IMPACT REPORTS
Section 7.1. Time Limitation 31
Section 7.2. Environmental Impact Reports; When Required 31
Section 7.3. Notice of Preparation 31
A. When Required 31
B. Content of Notice 32
C. Timing 32
Section 7.4. Preparation of Draft EIR: By Whom 32
Section 7.5. Content of Draft EIR 33
A. Description of Project 33
B. Description of Environmental Setting 33
C. Environmental Impact 34
L 1. The Significant Environmental Effects of
the Proposed Project 34
iii
2. Any Significant Environmental Effects Which
Cannot be Avoided if the Proposal is Implemented 35
3. Mitigation Measures Proposed to Minimize
the Significant Impact 35
4. Alternatives to the Proposed Action 35
5. The Relationship Between Local Short-Term
Uses of Man's Environment and the Maintenance
and Enhancement of Long-Term Productivity 36
6. Any Significant Irreversible Environmental
Changes Which Would be Involved in the Proposed
Action Should it be Implemented 36
7. The Growth-Inducing Impact of the Proposed Action 36
D. Water Quality Aspects 36
E. Summary 37
F. Statement of Reason for Findings of No Significance 37
G. Organizations and Persons Consulted 37
H. Index 37
I. Page Limits 37
Section 7.6. General Rules for Preparation of EIR 37
A. Interdisciplinary Approach 37
B. Technical Data; Submission of Appendices 38
C. Incorporation by Reference 38
D. Proportionate Discussion 39
E. Forecasting 39
F. Disclosure Statement 39
G. Standards for Adequacy 39
Section 7.7. EIRs on Federal Projects 39
A. District Use of Federal EIS 39
B. District EIR to be Prepared Prior to EIS 40
C. District EIR to be Prepared Subsequent to EIS 40
D. Consultation 40
Section 7.8. Consultation Prior to Completion of Draft EIR 40
Section 7.9. Completion of Draft EIR; Notice 41
Section 7.10. Review of Draft EIR by Other Public Agencies
and Persons with Special Expertise 42
A. General 42
B. Time for Review 43
C. Failure to Comment 43
D. Continued Planning Activities 43
Section 7.11. Availability of the Draft EIR for Review 43
Section 7.12. Public Hearings 43
A. General 43
B. Notice 44
C. Public Hearing During Public Meeting 44
D. Procedures for Conducting Public Hearings 44
Section 7.13. Final EIR 44
A. Preparation 44
B. Contents 44
Section 7.14. Certification of Final EIR by Board;
Board Approval or Disapproval of Project 45
Section 7.15. Required Written Findings 45
Section 7.16. Notice of Determination 46
Section 7.17. Costs 47
Section 7.18. Retention of Comments 47
Section 7.19. Statement of Overriding Considerations 47
iv
~i 90
ARTICLE VIII - EIRs AND PROJECT SCOPE
Section 8.1. Use of a Single EIR 47
A. Two or More Projects 47
B. Later Projects 47
C. General Plan EIR 48
Section 8.2. Multiple and Phased Projects 48
A. Phased Projects 48
B. Interrelated Projects 48
C. Similar Projects 48
Section 8.3. Staged EIR 48
A. General Form 48
B. Supplement to General Form EIR 49
C. Statutory Designation of Lead Agency 49
Section 8.4. Tiering 49
Section 8.5. Program EIR 49
ARTICLE IX - SUBSEQUENT ENVIRONMENTAL DOCUMENTS
Section 9.1. General Rule 51
A. Changes in Project 52
B. Changes in Circumstances 52
C. New Information 52
Section 9.2. Timing for Subsequent EIR 52
A. Before Project Approval 52
B. After Project Approval 53
Section 9.3. Supplement to an EIR 53
A. When Used 53
B. Contents 53
C. Notice and Review 53
D. Findings 53
ARTICLE X - MISCELLANEOUS
Section 10.1. District's Staff Determination 54
Section 10.2. Partial Invalidity 54
Section 10.3. Headings 54
Section 10.4. Effective Date 54
EXHIBITS
"A" Preliminary Environmental Assessment
"B" Notice of Exemption
"C" Initial Study
"D" Significant Effects
"E" Environmental Impact Assessment
"F" Negative Declaration
"G" Notice of Proposed Negative Declaration
"H" Notice of Determination
"I" Notice of Preparation
"J" Energy Conservation
"K" Notice of Completion
v
LOCAL GUIDELINES IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Denotes
State
Guidelines
Section
ARTICLE I - GENERAL
15001, Section 1.1. Purposes. These Guidelines implement the
15002, purposes and provisions of the California Environmental Quality
15005, Act, being Public Resources Code Sections 21000 et seq., and the
15006, Guidelines for implementation of the Act which have been adopted
15022 and by the California Secretary for Resources (hereinafter referred
15050 to as "State Guidelines"). The enhancement and long-term
protection of the environment and the encouragement of public
participation in achieving these goals are objectives of these
local Guidelines.
15012(a), Section 1.2. Objectives. From time to time and under
15013, circumstances as outlined by these Guidelines, environmental
15016 and documents must be prepared as a prerequisite to approval of a
15075(b) project. When required, such documents should be prepared as
early as is feasible in the planning process for a proposed
project in order to enable environmental considerations to
influence project conceptualization, programming, and design to
assure full consideration of environmental constraints and
opportunities before project plans are finalized. The function
of such documents is to inform the Board and the public of the
environmental effects of proposed projects.
The intent of the environmental review process is to enable
the District to evaluate projects to determine whether they may
have a significant effect on the environment, to examine and
institute methods to reduce adverse impacts and to consider
alternatives to projects as proposed. The environmental effects
set forth in environmental documents are to be evaluated by the
Board before a project is approved.
If an EIR is prepared, the information in such EIR
constitutes evidence that the District shall consider along with
any other information which may be presented to the District.
The Board retains authority to balance environmental objectives
with economic, social, and other relevant objectives of the
proposed project, but should, as a result of information
contained in environmental documents, establish requirements or
conditions on project design, construction, or operation in
order that the environment may be protected or enhanced.
ARTICLE II - DEFINITIONS
15020 Whenever the following terms are used in these Guidelines,
they shall have the following meanings unless otherwise
expressly defined:
15021 Section 2.1. Approval means a decision by the District
which commits it to a definite course of action with regard to a
particular project. As respects any project to be undertaken
directly by the District, approval shall ordinarily take the
form of legislative action in regard to a project. The time of
such action may vary from project to project according to the
circumstances pursuant to which the project is undertaken. As
respects private projects defined in paragraphs (2) and (3) of
Section 2.23A, approval shall be deemed to occur upon the
earliest commitment to issue, or the issuance by the District
of, a discretionary contract, grant, subsidy, loan, or other
form of financial assistance, lease, permit, license,
certificate, or other entitlement for use of the project.
For purposes of these Guidelines, the environmental process
must be completed as of the time of project approval.
Section 2.2. Board means the Governing Board of this
District.
15023 Section 2.3. Categorical Exemption means an exemption from
the requirement of preparing a Negative Declaration or an EIR
even though the proposed project is discretionary in nature, all
as more particularly described in Section 4.6.
15023.5 Section 2.4. Cumulative Impacts means 'two or more
individual effects which, when considered together, are
considerable or which compound or increase other environmental
impacts. Such individual impacts may be changes resulting from
a single project or a number of separate projects. The
cumulative impact from several projects is the change in the
environment resulting 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 over a
period of time. The discussion of cumulative impacts should be
practical and reasonable and must show their severity and
significance but need not be as detailed as the discussion of
the project's direct effects. The discussion of cumulative
impacts must include the following:
2
A. A list of projects producing related or cumulative
impacts, including those projects outside the control of
the District,
B. A summary of the expected environmental effects to
be produced by those projects with specific reference to
additional information where that information is available,
and
C. A reasonable analysis of the cumulative impacts of
the relevant projects.
15024 Section 2.5 Discretionary Project means a project, approval
of which requires the exercise of independent judgment,
deliberation or decision making on the part of the District.
Section 2.6. District means this District.
15050(c)(11) Section 2.7. District's Staff means the Engineer-Manager
and/or his designee, and any other person or persons designated
by the Board.
15025 Section 2.8. 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, or other
soil or geologic movements, as well as such occurrence such as
riot, accident, or sabotage.
15026 Section 2.9. 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, objects of historic or aesthetic significance.
15026.5 Section 2.10. Environmental Documents means draft and
final EIRs, initial studies, Negative Declarations, Notices of
Completion and Notices of Determination.
15027 Section 2.11. EIR means a detailed statement setting forth
the matters specified in Section 21100 of the Public Resources
Code as more particularly described-hereinafter in Section 7.5.
15028 Section 2.12. EIS- Environmental Impact Statement means an
EIR prepared pursuant to the National Environmental olicy Act
(NEPA).
15029 Section 2.13. 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.
~llor
3
15029.5 Section 2.14. Initial Study means a preliminary analysis
prepared by the District pursuant to Article V to determine
whether an EIR or a Negative Declaration must be prepared for a
project.
15029.6 Section 2.15. Jurisdiction by Law.
A. Jurisdiction by law means the authority of any
public agency to:
(1) Grant a permit or other entitlement for use,
(2) Provide funding for the project in question,
or
(3) Exercise authority over resources which may
be affected by the project in question.
B. In addition to other public agencies having
jurisdiction by law over District projects, the following
cities and counties have jurisdiction by law over District
projects:
(1) The city or county in which the project site
is located.
(2) The city or county in which the major
environmental effects of the project will occur,
(3) The city or county in which reside those
citizens most directly concerned with the major
environmental effects of the project.
C. Where an agency having jurisdiction by law must
exercise discretionary authority over a project in order
for the project to proceed, such agency is also a
responsible agency or the lead agency with respect to the
project.
15030 Section 2.16. Lead Agency means the public agency which
has the principal responsibility for preparing environmental
documents and for carrying out or approving a project. Criteria
for determining which agency will be the lead agency for a
project are contained in Article III.
15032.5 Section 2.17. Mitigation includes:
A. Avoiding the impact altogether by not taking a
certain action or parts of an action.
4
t
B. Minimizing impacts by limiting the degree or
magnitude of the action and its implementation.
C. Rectifying the impact by repairing, rehabilitating
or restoring the impacted environment.
D. Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of
the action.
E. Compensating cor the impact by replacing or
providing substitute resources or environments.
15033 Section 2.18. Negative Declaration means a written
statement by the lead agency briefly describing the reasons that
a proposed project, although not otherwise exempt, will not have
a significant effect on the environment and therefore does not
require the prepartion of an EIR.
15034 Secton 2.19. Notice of Completion means a brief notice
filed with the Secretary for Resources by the District after it
has completed a draft EIR and is prepared to send out copies for
review.
15035 Section 2.20. Notice of Determination means a brief notice
filed with the County Clerk after District approval of, or
determination to carry out, a project for which a Negative
Declaration or a final EIR has been approved by the District.
15035.5 Section 2.21. Notice of Exemption means a brief notice
filed with the County Clerk upon District approval of, or
determination to carry out, a ministerial, categorically exempt
or emergency project.
15035.7 Section 2.22. Notice of Preparation means a brief notice
sent by a lead agency to notify responsible agencies that a lead
agency plans to prepare an EIR for a project and to solicit
guidance from the responsible agencies as to the scope and
content of the environmental information to be included in the
EIR.
15036 Section 2.23. Person includes any person, firm,
association, organization, partnership, business, trust,
corporation, company, district, county, city and county, town,
the State and any of the agencies or political subdivisions of
such entities.
k
5
t,
15037 Section 2.24. Project.
A. Project means the whole of an action which has a
potential for resulting in a physical change in the
environment, directly or ultimately, that is any of the
following:
(1) an activity directly undertaken by the
District;
(2) an activity undertaken by a person which is
supported in whole or in part through contracts,
grants, subsidies, loans, or other forms of assistance
from the District; or
(3) an activity involving the issuance by the
District to a person of a lease, permit, license,
certificate, or other entitlement for use.
B. Project does not include:
(1) anything specifically exempted by State law;
(2) proposals for legislation to be enacted by
the State Legislature;
(3) continuing administrative or maintenance
activities, such as purchases for supplies, personnel
related actions, general policy and procedure making
(except as they are applied to specific instances
covered above), feasibility or planning studies; or
(4) the submittal of proposals to a vote of the
people of the State or of a particular community,
e.g., of the District or of a zone or area within the
District.
C. The word "project" refers to the activity which is
being approved and which may be subject to several
discretionary approvals by governmental agencies. The word
"project" does not mean each separate governmental approval.
15161.6(b) Section 2.25. Projects of Statewide, Regional or Areawide
Significance means any projects which meet one or more of the
following criteria:
A. A project which would interfere with the
attainment or maintenance of state or national air quality
standards including:
6
(1) A proposed residential development of more
than 500 dwelling units;
(2) A proposed shopping center or business
establishment employing more than 1,000 persons or
encompassing more than 500,000 square feet of floor
space;
(3) A proposed commercial office building
employing more than 1,000 persons or encompassing more
than 250,000 square feet of floor space;
(4) A proposed hotel/motel development of more
than 500 rooms; and
(5) A proposed industrial, manufacturing or
processing plant, or industrial park planned to house
more than 1,000 persons, occupying more than 40 acres
of land, or encompassing more than 650,000 square feet
of floor area.
B. A project which would result in the cancellation
of an open space contract made pursuant to the California
Land Conservation Act of 1965 (Williamson Act) for any
parcel of 100 or more acres.
C. A project located in and substantially impacting
on an area of critical environmental sensitivity for which
an environmental impact report was prepared including the
Lake Tahoe Basin; the Santa Monica Mountains Zone as
defined in Government Code Section 67463; the California
Coastal Zone as defined in, and mapped pursuant to, Public
Resources Code Section 30103; an area within 1/4 mile of a
wild and scenic river as defined by Public Resources Code
Section 5093.5; the Sacramento-San Joaquin Delta as defined
in Water Code Section 13220; the Suisun Marsh as defined in
Public Resources Code Section 29109; and including a
project located within the jurisdiction of the San
Francisco Bay Conservation and Development Commission as
defined in Government Code Section 66610.
D. A project which would substantially affect
sensitive wildlife habitats including, but not limited to
riparian lands, wet lands, bays, estuaries, marshes and
habitats for rare and endangered species as defined by Fish
and Game Code Section 903.
E. A project which would interfere with attainment of
regional water quality standards as stated in the approved
areawide wastewater management plan.
7
15039 Section 2.26. 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. The term
"responsible agency" includes all public agencies other than the
lead agency which have discretionary approval power over the
project.
15040 Section 2.27. Significant Effect on the Environment 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 noises, and objects of historical or aesthetic
significance.
15041 Section 2.28. Tiering means the coverage of general
matters in broad scope or program EIRs with subsequent narrower
environmental documents (such as site-specific EIRs)
incorporating by reference the general discussions and
concentrating solely on the issues specific to the environmental
document subsequently prepared.
15042 Section 2.29. 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 California such as the
California Department of Fish and Game for the fish and
L wildlife, the State Lands Commission for state owned "sovereign"
lands, the State Department of Parks and Recreation for the
State Park System and the University of California for sites
within the Natural Land and Water Reserve System.
ARTICLE III - LEAD AGENCY DETERMINATION
15065, Section 3.1. Staff Determination of Lead Agency. As early
15065.5 as is feasible in the planning process the District staff shall
and determine whether a proposed activity is an activity described
15051(c) in subparagraphs (1), (2) or (3) of Section 2.24A and shall
and (e) determine whether the District or another public agency is
responsible for preparation of environmental documents for the
project and is, therefore, the lead agency. The District's
staff shall consider, among others, the following factors
relating to the lead agency principle:
A. If the project is to be carried out by a public
agency, the lead agency shall be the public agency which
proposes to carry out the project.
B. If the project is to be carried out by a
nongovernmental person, the lead agency shall be the public
8
agency with the greatest responsibility for supervising or
approving the project as a whole. The lead agency will
generally be the agency with general governmental powers
rather than an agency with a single or limited purpose
which is involved by reason of the need to provide a public
service or public utility to the project, such as the
District; in such cases, the District will, upon request,
provide data concerning all aspects of its activities
required to furnish service to the project to the agency
drafting the environmental documents, and no separate
environmental documents will be required in regard to such
activities. Under this principle whenever any property to
be served by the District requires a change in zoning,
conditional use permit, variance, subdivision or tract
approval or other land use permits or entitlements, the
governmental agency responsible therefor will ordinarily be
the lead agency.
C. Where more than one public agency equally meet the
criteria set forth in subsection B the agency which is to
act first on the project in question shall be the lead
agency (following the principle that the environmental
impact should be assessed as early as possible in
governmental planning).
D. Where the provisions of subsection A through C
leave the District and one or more other agencies with a
substantial claim to be the lead agency, the District may,
by agreement with such other agency or agencies, designate
which agency will be the lead agency or may provide for
cooperative efforts, joint exercise of power, or similar
devices for assuring preparation of environmental documents.
E. Upon request of a public agency or a project
applicant, the Office of Planning and Research will resolve
disputes among public agencies as to which is the lead
agency, and, upon request of a public agency or a project
applicant, will assist the lead agency in determining the
responsible agencies and those Federal agencies which have
responsibility for carrying out or approving a proposed
project.
15061(c) Section 3.2. State Assisted or Approved Projects. Where a
and project is to be undertaken by the District, but requires state
15061(f) approval or financial assistance, the state agency involved
ordinarily will require the District to prepare the
environmental documents and to submit such documents with the
request for approval of the proposed project. If the District
thereby, or through its own initiative, becomes responsible for
preparing such documents, the District is the lead agency for
L
9
JL
y.
the project, and the procedures set forth in these Guidelines
relating to project evaluation and preparation of environmental
documents, including the filing of a Notice of Determination for
the proposed project, are applicable.
15063 Section 3.3. Federally Assisted or Approved Projects.
Where a project is to be undertaken by the District, but
requires Federal approval or financial assistance, the Federal
agency involved ordinarily will undertake an environmental
evaluation of the project and may or may not request District
preparation of environmental documents. Since the Federal
agency documents are in satisfaction of NEPA requirements, the
District remains obligated under CEQA to prepare environmental
documents for the project and is therefore the lead agency for
the project. However, the District should cooperate with the
Federal Agency through joint planning, research, public hearings
and environmental documents to reduce as much as possible
duplication between CEQA and NEPA.
Section 3.4. Staff Finding that District is Lead Agency.
If, in the judgment of the District's staff, the project does
not involve another public agency which is the lead agency it
shall proceed with the project evaluation process as outlined in
Articles IV and V, provided, however, that where other public
agencies will have authority for approving or carrying out the
project, the District's staff shall consult with such other
agencies in the preparation of all environmental documents for
the project. Any person proposing to undertake a project as
defined in paragraphs (2) or (3) of Section 2.23A (i.e., a
private project) may present his objections to the staff's
determination to the Board at its next regular or special
meeting.
15064, Section 3.5. Staff Finding that Another Public Agency is
15065(e), Lead Agency.
15065.3,
15065.5, A. Preliminary Environmental Assessment Filing. If,
15085(j), in the judgment of the District's staff, the project does
15161(a) involve another public agency which is the lead agency, it
and shall so find and shall designate the lead agency on the
15161(c) Preliminary Environmental Assessment, a copy of which is
attached hereto as Exhibit "A". The Preliminary
Environmental Assessment shall be retained in the
District's office as part of its usual record-keeping
process and shall be made available for public inspection
during all regular District office hours.
B. Subsequent Findings Modifying Original
Determination. Upon making a finding that another public
agency is -lead agency, further environmental assessment
L
10
/ 90
shall be necessary unless otherwise required by the Board
or unless the District's staff finds: (i) that 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, or
(ii) that the lead agency prepared environmental documents
for the project but a subsequent EIR is required pursuant
to Section 9.1, and the lead agency has granted a final
approval for the project and the statute of limitations has
expired for a challenge to the action of the lead agency,
or (iii) the lead agency prepared inadequate environmental
documents without consulting the District as a responsible
agency and the statute of limitations has expired for a
challenge to the action of the lead agency. If the
District's staff makes the aforesaid findings, the District
shall assume environmental responsibilities of a lead
agency for the project and the time limitations applicable
to the District as lead agency shall apply.
15085.5(a) Section 3.6. District's Duties as a Responsible Agency.
and (b)
A. In General. Whenever a determination is made that
another public agency constitutes the lead agency for a
project, the District's staff shall, upon written request
of the lead agency, provide data concerning all aspects of
the District's activities required in relation to the
project, and shall otherwise respond to consultation by the
lead agency in order to assist the lead agency in preparing
environmental documents for the project and in order to
assure that environmental documents used by the District
will comply with the California Environmental Quality Act.
15085.5(b)(1) B. Response to Consultation Prior to Lead Agency's
Decision to Prepare a Negative Declaration or an EIR. When
consulted by the lead agency prior to a determination by
the lead agency to, prepare a Negative Declaration or an
EIR, the District's staff shall recommend either a Negative
Decalration or an EIR and shall explain its reasons for so
recommending. Where District's staff disagrees with a lead
agency's decision to prepare a Negative Declaration for a
project, District's staff should identify the significant
environmental effects which it believes could result from
the project and recommend either that an EIR be prepared or
that the project be modified to eliminate the significant
effects.
15085.5(b)(2), C. Response to Notice of Preparation. As soon as
15085.5(c) possible, but not later than 45 days after receiving a
and Notice of Preparation from the lead agency, the District's
15054.3 staff shall send a written reply thereto by certified mail.
11
qo
The reply shall specify the scope and content of environ-
mental information which would be germane to the District's
statutory responsibilities in connection with the proposed
project. In addition, District's staff shall attend
meetings requested by the lead agency to discuss the scope
and content of the EIR.
15085.5(d) D. Comments on Draft EIRs and Negative Declarations.
When requested by the lead agency, District's staff shall
provide written comments upon Draft EIRs or proposed
Negative Declarations to the extent deemed appropriate.
Such comments should focus on any shortcomings in the Draft
EIR, the appropriateness of using a Negative Declaration
and on additional alternatives or mitigation measures which
the EIR should include.
15085.5(e) E. Decision on Adequacy of EIR or Negative
Declaration. If the District's Board finds that the final
environmental impact statement or Negative Declaration
prepared by the lead agency for a project is not adequate
for use by the District, the District's Board and the
District will be deemed to have waived any objection to the
adequacy of the Final Environmental Impact Report or
Negative Declaration unless either the District files a
court action within 30 days after the lead agency files a
Notice of Determination for the project or the District's
staff prepares a subsequent Environmental Impact Report if
such subsequent report is permissible under Article IX.
15064 and F. Certification of EIR or Negative Declaration.
15085.5(f) Prior to approving a project for which another agency is
the lead agency, -the District Board shall consider the lead
agency's EIR or Negative Declaration and the environmental
effects of the project as shown in such document and shall
certify that it has reviewed and considered the information
contained in such document.
15085.5(g) G. Adoption of Alternatives or Mitigation Measures.
When an Environmental Impact Report has been prepared for a
project, the District shall not approve the project as
proposed if the District finds any feasible alternative or
feasible mitigation measure within its powers that would
substantially lessen any significant effect which the
project would have on the environment.
15085.5(h) H. Findings. When the District is the responsible
agency for a project for which there are significant
effects as shown in the Environmental Impact Report, the
District shall make the findings required by Section 7.15
and shall prepare the statement required by Section 7.16.
12
15085.5(i) I. Notice of Determination. Upon approval by the
District of a project for which the District is a
responsible agency and for which a Negative Declaration or
Environmental Impact Report has been prepared, the District
may, if it deems appropriate, file a Notice of
Determination in the office of the County Clerk. Such
Notice shall be substantially in the form required by
Exhibit "H".
ARTICLE IV - EXEMPT ACTIVITIES
Section 4.1. Staff Determination of Exemption. Upon a
determination, pursuant to Section 3.4, that the District is the
lead agency for a proposed activity, the District's staff shall
determine which such activity is exempt from further compliance
with these Guidelines by reason of Sections 4.2 through 4.5.
15037, Section 4.2. "No Project" Exemption. Activities which do
15050(c), not fall within the definition of project as set forth in
(1)(A) and Section 2.24 and activities for which it can be seen with a
15060 certainty that there is no possibility that the activity in
question may have a significant effect on the environment do not
require the preparation of a Negative Declaration or an EIR and,
thus, are outside of the primary scope of these Guidelines.
Section 4.3. Feasibility and Planning Studies.
Feas0117i ty and panning studies of potential projects
undertaken by the District are not within the definition of
project as set forth in Section 2.24. Such studies may,
however, contain considerations of environmental factors
incident to the potential project.
Section 4.4. Emergency Projects. The following emergency
projects do not require the preparation of a Negative
Declaration or an EIR and, thus, are outside the primary scope
of these Guidelines:
15071 A. Projects undertaken, carried out, or approved by
the District to maintain, repair, restore, demolish, or
replace property or facilities damaged or destroyed as a
result of a disaster in a disaster stricken area in which a
state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of
Division 1, Title 2 of Government Code.
B. Emergency repairs to any of the District's
facilities necessary to maintain service.
13
C. Specific actions necessary to prevent or mitigate
an emergency.
Section 4.5. Ministerial Projects.
15032 and A. Ministerial projects do not require the preparation
15073 of a Negative Declaration or an EIR and, thus, are outside
the primary scope of these Guidelines. Ministerial
projects include activities which are undertaken or
approved by a decision which a District officer or the
Board makes upon a given state of facts in a prescribed
manner in obedience to the mandate of legal authority.
With these projects, the officer or Board must act upon the
given facts without regard to his, her, or its own judgment
or opinion concerning the priority of wisdom of the act
although the statute, ordinance or regulation may require,
in some degree, a construction of its language by the
officer or Board. In summary, a ministerial project
involves only the use of fixed standards or objective
measurements without personal judgment.
15032, B. Ministerial projects include, but are not limited
15050(c) to, individual utility service connections and disconnec-
(1)(B) and tions.
15073(a)
through (c)
15073(d) C. Where a project involves an approval that contains
elements of both a ministerial action and discretionary
action, the project shall be deemed discretionary.
15050(c) Section 4.6. Categorical Exemptions, Subject to qualifica-
(1)(C), tion set forth in subsection U, the following classes of pro-
15100, jects, in accordance with and pursuant to Article 8 of the
15100.1 State Guidelines, have been determined not to have a significant
and effect on the environment, and therefore are declared to be
15100.4 categorically exempt from the requirement of preparing a
Negative Declaration of an EIR. The categorical exemptions
listed herein are not intended to be, and are not to be
construed to be, a limitation of the categorical exemptions set
forth in Article 8 of the State Guidelines nor are they to be
construed as a finding that ' the activity listed is
discretionary, as opposed to ministerial, in nature.
15101 A. Class I: Existing Facilities. Class I consists
(Class 1, of the operation, repair, maintenance, or minor alteration
State of all existing District facilities, structures, equipment,
or Guidelines) other property of every kind if such activity involves
negligible or no expansion of use beyond that previously
existing, including but not limited to:
14
sa
(1) street improvements, except where such will
involve the removal of a scenic resource, such as a
stand of trees, rock outcropping, or historic
building, and conveyance facilities, including
pipelines, conduits and service facilities;
(2) service connection facilities, including all
appurtenances;
(3) public safety facilities;
(4) storage reservoirs, ponds, disposal areas;
(5) pump stations;
(6) buildings and structures; and
(7) treatment plants and waste disposal
facilities.
15102 B. Class II: Replacement or Reconstruction. Class
(Class 2, II consists of replacement or reconstruction of any District
State facilities, structures, or other property where the new
Guidelines) 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,
including but not limited to:
(1) street improvements and conveyance
facilities, including pipelines, conduits and service
facilities, including the undergrounding of overhead
electrical utility distribution systems where surface
is restored to the condition existing before
undergrounding;
(2) service connection facilities, including all
appurtenances;
(3) public safety facilities;
(4) storage reservoirs, ponds, disposal areas;
(5) pump stations;
(6) buildings and structures; and
(7) treatment plants and waste disposal
facilities.
15
90
J
15103 C. Class III: New Construction of Small Structures.
(Class 3, Class III consists of construction of new small facilities
State or structures and installation of small new equipment or
Guidelines) facilities, including but not limited to service extensions
and appurtenances and auxiliary facilities required to
serve newly constructed small structures as follows:
(1) single family residence not in conjunction
with the building of two or more such units;
(2) apartments, duplexes and similar structures
designed for not more than four dwelling units if not
in conjunction with the building of two or more such
structures;
(3) stores, motels, offices, restaurants and
similar small commercial structures not involving the
use of significant amounts of hazardous substances, if
designed for an occupant load of 30 persons or less,
if not in conjunction with the building of two or more
such structures;
(4) Water main, sewage, electrical, gas and
other utility extensions of reasonable length to serve
such construction;
(5) accessory (appurtenant) structures including
garages, carports, patios, swimming pools and fences.
15104 D. Class IV: Minor Alterations to Land. Class IV
(Class 4, consists of minor alterations in the condition of land,
State water, and/or vegetation, which do not involve removal of
Guidelines) mature scenic trees except for forestry or agricultural
purposes including but not limited to:
(1) small, inconspicuous structures, improvements
and facilities;
(2) minor cutting or mowing of grass, weeds, and
brush for fire protection and aesthetic reasons;
(3) grading on land with a slope of less than 10
percent except where it is to be located in a
waterway, in any wetland, in an officially designated
(by Federal, State or local governmental action)
scenic area, or in the officially mapped areas of
severe geologic hazard;
(4) new gardening or landscaping;
L
16
(5) filling of earth into previously excavated
land with material compatible with the natural
features of the site;
(6) minor alterations in land, water and
vegetation on existing officially designated wildlife
management areas of fish production facilities which
result in improvement of habitat for fish and wildlife
resources or greater fish production;
(7) minor temporay uses having negligible or no
permanent effects on the environment;
(8) minor trenching and backfilling where the
surface is restored;
(9) maintenance dredging where the spoil is
deposited in a spoil area authorized by all applicable
State and Federal regulatory agencies;
(10) creation of bicycle lanes on existing rights
of way.
15105 E. Class V: Minor Alterations in Land Use Limitations.
(Class 5, Class V consists of minor alterations in land use
State limitations in areas with less than a 20% slope, which do
Guidelines) not result in any changes in land use or density,
established by or on behalf of the District, including but
not limited to:
(1) Minor lot line adjustments, side yard and
set back variances not resulting in the creation of
any new parcel;
(2) Issuance of minor encroachment permits;
(3) Reversion to acreage in accordance with the
Subdivision Map Act.
15106 F. Class VI: Information Collection. Class VI
(Class 6, consists of basic data collection, research, experimental
State management and resources evaluation activities which do not
Guidelines) result in a serious or major disturbance to an
environmental resource. These activities may be undertaken
strictly for information gathering purposes or as part of a
study leading toward the undertaking of a project.
15107 G. Class VII: Actions for Protection of Natural
(Class 7, Resources. Class VII consists of actions taken by the
State District as authorized by state law or local ordinance to
Guidelines) assure the maintenance, restoration, or enhancement of a
17
„
natural resource where the regulatory process involves
procedures for the protection of the environment.
Construction activities are not included in this exemption.
15108 H. Class VIII: Actions for Protection of the Environ-
(Class 8, ment. Class VIII consists of actions taken by the District
State as authorized by state law or local ordinance to assure
Guidelines) the maintenance, restoration or enhancement of the
environment-where the regulatory process involves procedures
for the protection of the environment. Construction
activities are not included in this exemption.
15109 I. Class IX: Inspection. Class IX consists of
(Class 9, inspection activities, including but not limited to
State inquiries into the performance of an operation and examina-
Guidelines) tion of the quality, health, or safety of a project.
15111 J. Class X: Accessory Structures. Class X consists
(Class 11, of the construction or placement of minor structures
State accessory to or appurtenant to existing commercial, indus-
Guidelines) trial, or institutional facilities, including small parking
lots.
15112 K. Class XI: Surplus Property. Class XI consists of
(Class 12, sales of surplus District personal or real property, except
State land located in an area of statewide interest or potential
Guidelines) area of critical concern as identified in the Governor's
Environmental Goals and Policy Report prepared pursuant to
Government Code Sections 65041 et seq., and not otherwise
exempt under Section 15112 of the State Guidelines.
15113 L. Class XII: Acquisition of Lands for Wildlife
(Class 13, Conservation Purposes. Class XII consists of the acquisi-
State acquisition of lands for fish and wildlife conservation
Guidelines) purposes, including preservation of fish and wildlife and
preserving access to public lands and waters where the
purpose of the acquisition is to preserve the land in its
natural condition.
15116 M. Class XIII: Transfer of Ownership of Land in
(Class 16, Order to Create Parks. Class XIII consists of the acquisi-
State acquisition or sale of land in order to establish a park
Guidelines) where the land is in a natural condition or contains
historic sites or archaeological sites and either
(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
18
o ~o
or archaeological site. This exemption does not apply
when a management plan is proposed that will change
the area from its natural condition or significantly
change the historic or archaeological site.
15117 N. Class XIV: Open Space Easements. Class XIV
(Class 17, consists of the acceptance of easements or fee interests in
State order to maintain the open space character of land.
Guidelines)
15119 0. Class XV: Annexations of Existing Facilities and
(Class 19, Lots for Exempt Facilities. Class XV consists of:
State
Guidelines) (1) annexations to the District of areas
containing existing public or private structures
developed to the density allowed by the current zoning
or pre-zoning of the appropriate city or county,
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.
(2) annexations of individual small parcels of
the minimum size for facilities exempted by Section
4.6C, New Construction of Small Structures.
15120 P. Class XVI: Changes in Organization of the District
(Class 20, Class XVI consists of a change of organization of, or a
State reorganization of, the District where the changes do not
Guidelines) change the geographical area in which previously existing
powers are exercised, including but are not limited to:
(1) Establishment of the District as a
subsidiary district or establishment by the District
of a subsidiary district.
(2) Consolidation of the District with one or
more districts having identical powers.
(3) Merger of the District with a city if the
District lies entirely within the boundaries of the
city.
15121 Q. Class XVII: Enforcement Actions b Regulatory
(Class 21, Agencies. Class RVIT consists o actions by regulatory
State agencies to enforce or revoke a lease, permit, license,
Guidelines) certificate, or other entitlement for use issued, adopted
or prescribed by the regulatory agency or law, general
19
LW rule, standard, or objective administered or adopted by the
regulatory agency, including but not limited to:
(1) the direct referral of a violation of a
lease, permit, license, certificate or entitlement for
use or of a general rule, standard or objective to the
Attorney General, District Attorney or City Attorney,
as appropriate for judicial enforcement, and;
(2) the adoption of an administrative decision
or order enforcing or revoking a lease, permit,
license, certificate or entitlement -for use or
enforcing the general rule, standard or objective.
Construction activities are 'not included in this
exemption.
15122 R. Class XVIII: Educational or Traininq Programs.
(Class 22, Class XVIII consists of the adoption, alteration or
State termination of educational or training programs which
Guidelines) involve no physical alteration in the area affected or
which involve physical changes only in the interior of
existing school or training structures., including but not
limited to development of or changes in curriculum or
training methods.
15123 S. Class XIX: Normal Operations of Facilities for
(Class 23, Public Gatherings. Class XIX consists of the normal opera-
State tion of existing facilities for public gatherings for which
Guidelines) such facilities were designed where there is a past history
of the facility being used for the same kind of purpose.
Facilities included within this exemption include but are
not limited to racetracks., stadiums, convention :enters,
auditoriums, amphitheaters, planetariums, swimming pools
and amusement parks.
15124 T. Class XX: Regulation of Working Conditions.
(Class 24, Class XX consists of actions taken by regulatory agencies
State to regulate employee wages, hours of work or working
Guidelines) conditions where there will- be no demonstrable physical
changes outside of the place of work.
15125 U. Class XXI. Transfers of Ownership of Interests in
(Class 25, Land to Preserve Open Space. Class XXI consists of the
State transfers of ownership of interests in land in order to
Guidelines) preserve open space.
15127 V. Class XXII. Leasing New F acilities. Class XXII
(Class 27, consists of the leasing of a newly constructed or
State previously unoccupied privately-owned facility by a local
Guidelines) or state agency where the local governing authority
L
20
90
determined that the building was exempt from CEQA. To be
exempt under this section, the proposed use of the
facility:
(1) Shall be in conformance with existing State
plans and policies and with general, community, and
specific plans for which an EIR or Negative
Declaration has been prepared,
(2) Shall be substantially the same as that
originally proposed at the time the building permit
was issued,
(3) Shall not result in a traffic increase of
greater than 10% of front access road capacity, and
(4) Shall include the provision of adequate
employee and visitor parking facilities.
15100.2 W. Exceptions. The above categorical exemptions are
inapplicable when the cumulative impact of successive
projects of the same type in the same place over time is
significant. In addition, Classes III through VI and Class
X do not apply where the project may impact on an
environmental resource of hazardous or critical concern
LW where such resource has been designated, precisely mapped
and officially adopted pursuant to law by federal, state,
or local agencies. A categorical exemption shall not be
used for an activity where there is a reasonable
possibility that the activity will have a significant
effect on the environment due to unusual circumstances.
Section 4.7. Initial Review for Exemptions.
15013 A. Staff Finding of No Exemption. If in the judgment
of District's staff the proposed activity does not fall
within one of the categories described in Sections 4.2
through-4.5, it shall proceed with the project evaluation
process as outlined in Article V. Any person proposing to
undertake an activity may present his objection to the
staff's determination to the 'Board at its next regular or
special meeting.
B. Staff Finding of Exemption. If in the judgment of
the District s s a , a propose activity does fall within
one of the categories enumerated in Sections 4.2 through
4.5, it shall so find on the form entitled Preliminary
Environmental Assessment, a copy of which is attached
hereto as Exhibit "A".
LO
21
C. Retention of Preliminary Environmental Assessment;
Availability for Inspection. The Preliminary Environmental
Assessment s ha be retained at the District's office as
part of its usual record-keeping process and shall be made
available for public inspection during all regular District
office hours. Except as otherwise may be determined by the
Board, the date of completion and signing of the
Preliminary Environmental Assessment by the District's
staff shall be deemed to constitute the date of approval of
the exempt activity.
Section 4.8. Notice of Exemption.
15035.5, A. Preparation. Upon completion and signing of a
15074(a) Preliminary Environmental Assessment for a ministerial,
and categorically exempt or emergency project and consultation
15074(b) with responsible agencies, the District's staff or the
project's applicant may prepare a Notice of Exemption on a
form attached hereto as Exhibit "B" which Notice shall
contain the following:
(1) a brief description of the project;
(2) a finding that the project is exempt,
including a citation to the State Guidelines section
under which it is found to be exempt; and
LW (3) a brief statement of reasons to support the
findings.
In the event that the Notice of Exemption is prepared
and filed by a project applicant rather than the District's
staff, such Notice shall have attached to it a certified
copy of the Preliminary Environmental Assessment prepared
by the District's staff or other certified. document or
record of the District stating that the District has found
the project to be exempt.
15050(c)(9) B. Filing. Upon completion of the Notice of Exemption
15074(4) and it shall be filed with the County Clerk of the county
15074(e) county or counties in which the project is located and in
the District's office where -it shall be available for
public inspection. The filing of a Notice of Exemption
starts a 35 day statute of limitations period on legal
challenges to the District's decision that the project is
exempt. If a Notice of Exemption is not filed, a 180 day
statute of limitations applies.
15066(b) Section 4.9. Required Consultation. Upon a determination
and by District's staff pursuant to Section 4.7 that a project is
15080(g) not exempt, the District's staff shall consult with Responsible
22
02/ 9U
Agencies and any Trustee Agencies responsible for natural
resources affected by the project, and shall inform such
agencies that it proposes to proceed with an initial study to
determine whether a Negative Declaration or EIR is required for
the Project. Such consultation may be done quickly and
informally.
15050(c)(2) ARTICLE V - INITIAL STUDY PROCEDURES
15080 Section 5.1. Undertaking of Initial Study;_ By Whom;
Submission of Data; Costs; Time of Undertaking. Upon a
determination that the District is the lead agency for a project
and that the project is discretionary and is not otherwise
exempt, an initial study shall be undertaken for the purpose of
ascertaining whether the proposed project may have a significant
effect on the environment unless the District's staff can
determine without such a study that any aspects, considered
individually or cumulatively, of the project may cause a
significant effect on the environment. In such event, an EIR
shall be prepared for the project, regardless of whether the
overall effect of the project is adverse or beneficial.
15080 A. As to projects defined in paragraph (1) of Section
2.24A, the initial study shall be undertaken by the
District's staff or by private experts pursuant to contract
with the District.
15080 B.- As to projects defined in paragraphs (2) or (3) of
Section 2.24A, the person or entity proposing to carry out
the project shall submit all data and information as may be
required by the D.istrict's staff in order to prepare the
initial study. All costs incurred by the District in
reviewing the data and information submitted by said person
or entity, or in conducting its own investigation based
upon such data and information for the purpose of
determining whether the proposed project might have a
significant effect on the environment shall be borne by the
person or entity proposing to carry out the project.
15013 C. The initial study and subsequent environmental
proceedings relating to the proposed project shall be
prepared and undertaken as early as is feasible in the
planning process in order to enable environmental
considerations to influence the project program and
design. The initial study and subsequent environmental
proceedings shall, however, be coordinated in a timely
fashion with the existing planning, review, and project
approval processes being used by the District.
23
,'2 1yo
15050(c)(12) D. Where the project is one defined in Section
and 2.24A(3), the initial study shall be completed and the
15054.2 determination required by Secton 5.5 hereof shall be made
within 45 days from the date that the District receives an
application for the project and accepts such application as
complete.
Section 5.2. Scope, Purposes and Contents of Initial Study.
15080(a), A. Scope. In evaluating, in the initial study,
15080(c), whether a project may have a significant effect on the
15081(a) environment, the District's staff shall base its determina-
and (b) tion, to the extent possible, on scientific and factual
data, shall consider both primary or direct and secondary
or indirect consequences of the project and shall consider
all phases of project planning, implementation and
operation.
B. Purposes. The purposes of an initial study are to:
(1) Identify environmental impacts;
(2) Enable an applicant to the District or the
District itself to modify a project and mitigate
adverse impacts before an EIR is written;
(3) Focus an EIR, if one is required, on
potentially significant environmental effects;
(4) Facilitate environmental evaluation early in
the design of a project;
(5) 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; and
(6) Eliminate unnecessary EIRs.
C. Contents. An initial study shall- be in the form
attached hereto as Exhibit "C" and shall contain:
(1) A description of the project, including the
location of the project;
(2) An identification of the environmental
setting;
(3) An identification of environmental effects by
use of a check-list, matrix, or other method;
24
,~2 iqo
LW (4) A discussion of ways to mitigate the
significant effects identified, if any;
(5) An examination of whether the project is
compatible with applicable existing zoning and plans;
and
(6) The name of the person or persons who
prepared or participated in the initial study.
15081(c) Section 5.3. Examples of Significant Effect. Some
examples of consequences which may be deemed to have a
significant effect on the environment are contained in Exhibit
"D" attached hereto and by reference incorporated herein.
In most instances, affirmative findings as to any of the
effects contained in said Exhibit "D", regardless of whether the
overall effect of the project is adverse or beneficial, will
require preparation of an EIR. In addition, where there is, or
is anticipated to be, a substantial body of opinion that
considers or will consider a particular effect to be adverse, an
EIR should be prepared.
15082 Section 5.4. Mandatory Findings of Significance. A
project shall be found to have a significant effect on the
environment if:
A. The project has the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the
major periods of California history or prehistory.
B. 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. As used in the subsection, "cumulatively
considerable" means that the incremental effects of an
individual project are considerable when viewed in
connection with the effects of past projects, the effect of
other current projects, and the effects of probable future
projects.
25
/yu
D. The environmental effects of a project will cause
substantial adverse effects on human beings, either
directly or indirectly.
15080(d), Section 5.5. Staff Determination; Environmental Impact
15066(b) Assessment. Upon completion of the initial study and prior to
making the determination required by this action, the District's
staff shall consult informally with Responsible Agencies with
respect to its proposed determination. The District's staff
shall then determine either:
A. That the project will not have a significant
efffect on the environment;
B. That the project, if modified in accordance with
specified mitigation measures set forth in the initial
study, will not have a significant effect on the
environment;
C. That the project may have a significant effect on
the environment.
Such determination shall be set forth on the form, entitled
"Environmental Impact Assessment," attached hereto as Exhibit
"E" and such form, together with the initial study shall be
filed in the District office.
15080(d), Section 5.6. Procedure Required as a Result of Staff
15083, Determination.
15084(a)
A. If the District's staff makes the finding
described in Section 5.5A, it shall immediately prepare a
proposed Negative Declaration and otherwise proceed in
accordance with the procedures described in Article VI.
B. If the District's staff makes the finding
described in Section 5.5B, it shall request a determination
from the Board as to whether modification of the project in
accordance with the specified mitigation measures should be
undertaken. Upon a determination of the Board that the
project should be modified and upon completion of such
procedures as may be necessary to assure such modification,
the District's staff shall prepare a proposed Negative
Declaration and otherwise proceed in accordance with the
procedures described in Article VI.
C. If the District's staff makes the finding
described in Section 5.5C, or if it cannot be assured, as
specified in subsection B above, that the project will be
LW
26
/ ycl
modified in accordance with the mitigation measures
specified, then the District's staff shall immediately
prepare or cause to be prepared an EIR in accordance with
the procedures described in Article VII.
15080(d)(2) Section 5.7. General Rule as to Modifications. A project
may be modified or revised by the person or entity undertaking a
project described in Section 2.23A(2) or (3) or by the District
if the project is the one described in Section 2.23A(1), in
response to an initial study, in order to mitigate potential
adverse effects to a point where no significant impact will
occur. In such event, a Negative Declaration, rather than an
EIR, shall be required for the project. If the project would
still result in one or more significant effects on the
environment after the mitigation measures are added to the
project, an EIR shall be required for the project.
Section 5.8. Appeal. Any person aggrieved by the
determination made by the District's staff pursuant to Section
5.5 may, within ten days following such determination, file with
the Secretary of the District a request for appeal thereof to
the Board. The Board shall hear its appeal at its next regular
or special meeting and shall not prepare a Negative Declaration
or an EIR for the project until such appeal has been heard and
determined.
15064(c) Section 5.9. District Determination Conclusive. Pursuant
to Section 15064(c) and Section 21080.1 of the Public Resources
Code of the' State Guidelines, the determination of the District,
as Lead Agency, whether to prepare an EIR or a Negative
Declaration for a project shall be final and conclusive on all
persons, including Responsible Agencies, unless circumstances
change as provided in Section 9.1 of these guidelines or unless
the determination of the District is challenged as provided in
Section 21167 of the California Public Resources Code.
15069.6 Section 5.10. Master Environmental Assessment. The
District may, if it deems appropriate, prepare a master
environmental assessment, inventory or data base for all or a
portion of the territory within its jurisdiction in order to
provide information which may be used or referenced in EIRs or
Negative Declarations. The content, format and procedures to be
used in developing such assessment may be determined by
District's staff at the time that such assessment is undertaken.
15050(c)(3), ARTICLE VI - NEGATIVE DECLARATIONS
15050(c)(12)
and Section 6.1. Time Limitation. Where the project is one
15054.2 defined in Section 2.24A 3 , the Final Negative Declaration
27
LO shall be completed pursuant to Section 6.7 within 105 days from
the date the District receives an application for the project
and accepts such application as complete. Completion of the
Final Negative Declaration within the 105 day period shall
include the conduct of an initial study, public review, and the
preparation of a document ready for approval by the Board.
Completion within the 105 day period need not include the
approval of the Final Negative Declaration by the Board. Prior
to approving a project, the Board shall consider and approve the
Final Negative Declaration. However, such time period may be
extended for an additional reasonable period in the event that
compelling circumstances justify additional time and the project
applicant consents to the extension.
15050(c)(5), Section 6.2. Proposed Negative Declaration; Prior Consulta-
15061(g), tion. If, upon completion of the procedures specified in Article
15066 and V, it is determined that a Negative Declaration should be
15083 prepared for a project, District's staff shall first prepare a
proposed Negative Declaration. Before completing the proposed
Negative Declaration, the District's staff shall consult with
all Responsible Agencies in order to insure that the Negative
Declaration will reflect the concerns of such agencies. In
addition, any person may submit information to the District's
staff to assist in the preparation of the Negative Declaration.
Such information may be submitted in any format. District's
staff may include such information in the Negative Declaration
if it subjects the information to its own independent evaluation
and analysis.
15061(b) Section 6.3. Content and Form of Negative Declaration.
and
15083(c) A. Contents. A Negative Declaration shall be a
concise statement containing the following information:
(1) a brief description of the project, including
a commonly used name for the project, if any;
(2) the location of the project and the name of
the project proponent;
(3) a finding that the project will not have a
significant effect on the-environment;
(4) an attached copy of the Initial Study
documenting reasons to support the finding; and
(5) a statement of mitigation measures, if any,
included in the project to avoid potentially
significant effects.
kw
28
B. Form. The Negative Declaration should normally
not exceed one page in length. A copy of the form of
Negative Declaration is attached hereto marked Exhibit "F".
15050(c)(9) Section 6.4. Filing of Negative Declaration. Upon comple-
and tion of a proposed Negative Declaration, the District's staff
15083(c) shall cause a copy of the proposed Negative Declaration with the
initial study attached thereto to be filed at the District's
office and to be available for public inspection.
15083(d) Section 6.5. Notice of Proposed Negative Declaration.
and District's staff shall mail or personally deliver a copy of a
15161.5(e) Notice of Proposed Negative Declaration in the form attached
hereto as Exhibit "G" to the project applicant, if any, and to
all persons and organizations who have requested such Notice.
In addition, where a state agency is a Responsible Agency or has
jurisdiction by law with respect to the project, ten copies of
the proposed Negative Declaration shall be mailed to the State
Clearinghouse, and where a project is of statewide, regional or
area-wide significance (as defined in Section 2.27) a copy shall
also be mailed to the appropriate Area Council of Governments
for review and comment. In addition, District's staff shall
give public notice of the proposed Negative Declaration by at
least one of the following procedures:
A. By publication of a copy of the*Notice of Proposed
Negative Declaration once in a newspaper of general
circulation in the area affected by the proposed project;
B. By posting of a copy of the Notice of Proposed
Negative Declaration on, and within twenty (20) feet off
of, the site of the proposed project; or
C. By mailing a copy of the Notice of the Proposed
Negative Declaration to owners of property contiguous to
the site of the proposed project as their names and
addresses are shown on the last equalized assessment roll
of the county in which the project is located.
Mailings undertaken pursuant to this Section shall be by first
class mail, postage prepaid. The noticed review period shall be
long enough to provide members of- the public with sufficient
time to respond to the proposed finding before the Negative
Declaration is approved.
15050(c)(5), Section 6.6. Comments from Agencies Having Jurisdiction by
15050(c)(6), Law. Following the filing of the proposed Negative Declaration
15066 and tithe District's office, the District's staff shall consult with
15083 and seek to obtain comments from Responsible Agencies and should
consult with the persons having special expertise with respect
to any environmental impact involved.
29
~i y0
LO 15050(c)(6), Section 6.7. Board Approval or Disa roval of Pro'ect.
15050(c)(7), Following the filing of the Negative Declaration at the
15050(c)(8), District's office and the completion of procedures specified in
15055(b)(1) Section 6.5 and 6.6, but in no event sooner than ten days
and following the date of filing, the Board may consider the project
15083(c) at a regular or special meeting for purposes of adoption of the
Negative Declaration and of approval or disapproval of the
project. At this time, District's staff should report on any
comments received as a result of the procedures specified in
Section 6.5 and 6.6, and shall present the Final Negative
Declaration to the Board. Members of the public may appear
before the Board and present their views. The Board shall
review and consider and adopt a Final Negative Declaration" prior
to its determination to approve or disapprove the project. The
responsibility for such review and consideration and adoption
may not be delegated. A hearing may be held on the
environmental impact of the project prior to approval thereof.
If held, such hearing shall be conducted pursuant to the
provisions of Section 7.12 and shall use the Negative
Declaration as a basis for discussion.
15050(c)(9) Section 6.8. Notice of Determination. Following approval
and of the project, the District's staff shall prepare a Notice of
15083(f) Determination substantially in the form attached hereto as
Exhibit "H". Such Notice shall contain the following-
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 on which the District approved the
project;
D. The determination of the District that the project
will not have a significant effect on the environment;
E. A statement that a Negative Declaration has been
prepared pursuant to the provisions of CEQA;
F. The address where a copy of the Negative
Declaration may be examined.
Said Notice shall then be filed with the County Clerk of
the county or counties in which the project is located and, if
the project requires a discretionary approval from any State
agency, with the Secretary for Resources.
30
15053(a) Section 6.9. Costs. As to projects covered by paragraphs
(2) and 3 of Section 2.24A, the person or entity proposing to
carry out the project requiring approval by the District shall
bear all costs incurred by the District in preparing and filing
the Negative Declaration.
15050(c)(4) ARTICLE VII - ENVIRONMENTAL IMPACT REPORTS
15054.2 Section 7.1. Time Limitation. Where the project is one
and defined in Section 2.24A 3 , the Final EIR shall be certified
15050(e)(12) pursuant to Section 7.15 within 1 year from the date the
District receives an application for the project and accepts
such application as complete; provided, however, that such time
period may be extended for an additional reasonable period in
the event that compelling circumstances justify additional time
and the project applicant consents to the extension; and
provided, further, that the 1 year time period required by this
Section may be waived in the event that a combined EIR-EIS is to
be prepared pursuant to Section 7.5 and the District's staff
finds that the time required to prepare such combined document
would be less than the time required to prepare each document
separately and the applicant has requested or consented to the
waiver. In the event of a waiver of the time limit where a
combined EIR-EIS is prepared, the District Board shall approve
or disapprove the project within 60 days after the combined
EIR-EIS has been completed.
15013, Section 7.2. Environmental Impact Reports; When Required.
15050(c)(5), An EIR shall be prepared for all discretionary projects not
15061(g), otherwise exempt upon a finding by the District's staff that the
15066, project may have a significant effect on the environment, that
15084, it can be fairly argued on the basis of substantial evidence that
15085(b) the project may have a significant effect on the environment or
and that there is serious public controversy concerning the environ-
15063(d) mental effect of the project.
15066 Section 7.3. Notice of Preparation.
15085(b)
and A. When Required. Immediately after a determination
15054.2(d) pursuant to Section 5.5 and Section 7.1 that an EIR is re-
quired for a project, the District's staff shall, by
certified mail, send a Notice of Preparation to each
Responsible Agency and Trustee Agency with respect to the
project and to each Federal agency involved in approving or
funding the project. If any Responsible Agency is a State
agency, a copy of such Notice shall be sent to the State
Clearinghouse in the Office of Planning and Resources of
the State Department of Resources. When the Notice of
31
Preparation is submitted to the State Clearinghouse, the
state identification number issued by the Clearinghouse
shall be the identification number for all subsequent
environmental documents on the project. The identification
number should be referenced on all subsequent
correspondence regarding the project, specifically on the
title page of the draft and final EIR and on the Notice of
Determination.
B. Content of Notice. The Notice of Preparation
shall be in the form attached hereto as Exhibit "I", shall
state that the District intends to prepare an EIR for the
project and shall request the views of the agency to whom
the Notice is addressed concerning the content of the
environmental information which is germane to such agency's
statutory responsibilities in connection with the proposed
project. The Notice of Preparation shall provide the
agency to whom the Notice is addressed with sufficient
information describing the project, its location and is its
environmental effects, as determined from the initial study
or otherwise, to enable such agency to make a meaningful
response to the Notice. A copy of the initial study may,
if deemed appropriate by District's staff, be enclosed with
the Notice of Preparation. Notices shall be sent by
certified mail or other method that provides a record that
the notice was received.
C. Timing. The Notice of Preparation shall request
response thereto within 45 days from the date of the
Notice. The District may, however, commence preparation of
the Draft EIR pursuant to the requirements of this Article
VII during such 45-day period, provided however, that it
shall to the extent required by responses to the Notice of
Preparation, revise or add to such Draft EIR to conform to
such responses. In addition, the District's staff or a
Responsible Agency or a Trustee Agency on a project may
request a meeting of representatives of the agencies to
which the Notice of Preparation was addressed for the
purpose of expediting the responses of such agencies or for
the purpose of determining the scope and content of the
environmental information to be required by such agencies.
In the event that such a request is made, the District
shall convene the meeting within 30 days of such request.
Section 7.4. Preparation of Draft EIR: By Whom.
15061(b) A. As to projects defined in paragraph (1) of Section
2.24A, the Draft EIR shall be undertaken by the District's
staff or by private experts pursuant to a contract with the
District.
32
~~qo
15030 B. As to projects defined in paragraphs (2) and (3)
and of Section 2.24A, the person or entity proposing to carry
15061(b) out the project may be requested to submit a Draft EIR,
containing the information required by Section 7.5 for
review and consideration by the District's staff, or the
Draft EIR may be undertaken by District's staff or by
private experts pursuant to a contract with the District.
If the person or entity proposing to carry out the project
submits a Draft EIR pursuant to request of District's
staff, District's staff shall analyze such Draft EIR to
verify its accuracy and objectivity prior to presenting it
to the Board. In such event, the District's staff may
require additional information and data, including a
statement specifying other public agencies believed to be
Responsible Agencies or agencies having jursidiction by law
over the project. In no event shall the District use a
Draft EIR prepared by such other person or entity as its
own without independent evaluation and analysis.
15027 and Section 7.5. Content of Draft EIR. The Draft EIR shall
15140 contain the information described in subsections A through H
below. Each topic shall be discussed in a separate, distinct
section or the Draft EIR shall state where in the document each
element is discussed.
15141 A. Description of Project. The description of the
project shall contain the following information but should
not supply extensive detail beyond that needed for
evaluation and review of the environmental impact:
(1) The precise location and boundaries of the
proposed project shall be shown on a detailed map,
preferably topographic. The location of the project
shall also appear on a regional map.
(2) A statement of the objectives sought by the
proposed project.
(3) A general description of the project's
technical, economic, and environmental characteristics,
considering the principal engineering proposals and
supporting public service facilities.
15142 B. Description of Environmental Setting. An EIR
shall include a description of the environment in the
vicinity of the project, as it exists before commencement
of the project, from both a local and regional
perspective.
33
%
h
(1) Knowledge of the regional setting is
critical to the assessment of environmental impacts..
Special emphasis should be placed on environmental
resources that are rare or unique to that region.
Specific reference to related projects, both public
and private, both existent and planned, in the region,
should also be included for purposes of examining the
possible cumulative impact to such projects.
(2) The EIR shall discuss any inconsistencies
between the proposed project and applicable general
plans and regional plans. Such regional plans
include, but are not limited to, the applicable Air
Quality Management Plan (or State implementation Plan
once adopted), area-wide waste treatment and water
quality plans, regional transportation plans, and
regional land use plans for the protection of the Lake
Tahoe Basin.
15080(d)(3), C. Environmental Impact. All phases of a project
15143 and must be considered when evaluating its impact on the en-
15148.1 vironment: planning, acquisition, development and
operation. The EIR shall discuss the subjects described in
paragraphs (1) through (7) below; provided, however, that
such discussion shall emphasize impacts determined in the
initial study (if any) prepared for the project to be
significant and may omit examination of those impacts found
to be clearly insignificant in such initial study; and
provided further, that the subjects described in paragraphs
(5) and (6) below need be included only in EIRs prepared in
connection with the adoption or amendment of a plan,
policy, or ordinance of the District or with a project
which is subject to the requirement for preparing an EIS
pursuant to the National Environmental Policy Act of 1969.
15143(a) (1) The Significant Environmental Effects of the.
Proposed Project. The EIR shall describe the direct
and indirect significant effects of -the project on the
environment, giving due consideration to both the
short-term and long-term effects.
Such description 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) and
other aspects of the resource base such as water,
scenic quality, and public services. Cumulative
effects shall also be discussed when found to be
significant.
34
(2) Any Significant Environmental Effects Which
Cannot be Avoided if the Proposal-is-Implemented. The
EIR shall describe any significant impacts, including
those which can be reduced to an insignificant level
but not eliminated; where there are impacts that
cannot be alleviated without imposing an alternative
design, their implications and the reasons why the
project is being proposed, notwithstanding their
effect, should be described. The EIR shall describe
significant impacts on any aesthetically valuable
surroundings, or on human health.
(3) Mitigation Measures Proposed to Minimize the
Significant Impact. The EIR shall describe
significant avoidable adverse impacts, including
inefficient and unnecessary consumption of energy, and
measures to minimize these impacts. This discussion
shall identify the mitigation measures which will
eliminate such impact or reduce them to a level of
insignificance. Where several measures are available
to mitigate an impact, each should be discussed and
the basis for selecting a particular measure should be
identified. Energy conservation measures, as well as
other appropriate mitigation measures, shall be
discussed when relevant. Examples of energy
conservation measures recognized by the Secretary for
Resources are set forth in Exhibit "I".
(4) Alternatives to the Proposed Action. The
EIR shall describe all reasonable alternatives to the
project, or to the location of the project, which
could feasibly attain the basic objectives of the
project, and why they were rejected in favor of the
ultimate choice. The specific alternative of "no
project" must also always be evaluated (except for
projects consisting of the construction of facilities
required by the International Olympic Committee as a
condition of an award of the Olympic games), along
with the impact. The discussion of alternatives shall
focus on alternatives capable of eliminating any
significant adverse environmental effects or reducing
them to a level of insignificance, even if these
alternatives substantially impede the attainment of
the project objectives, and are more costly. If the
environmentally superior alternative is the "no
project" alternative, then the EIR shall also identify
an environmentally superior alternative among the
other alternatives.
35
(5) The Relationship between Local Short-Term
Uses of Man's Environment and the Maintenance and
Enhancement of long-Term roductivit The EIR shall
escri e the cumulative an long- erm effects of the
proposed project which adversely affect the state of
the environment. Special attention should be given to
impacts which narrow the range of beneficial uses of
the environment or pose long-term risks to health or
safety. In addition, the reasons why the proposed
project is believed by the sponsor to be justified
now, rather than reserving an option for further
alternatives, should be explained.
(6) Any Significant Irreversible Environmental
Changes Which Would Be Involved in the Proposed Action
Should it be Implemented. Uses of non-renewable
resources during the initial and continued phases of
the project may be irreversible since a large
commitment of such resources makes removal or non-use
thereafter unlikely. Primary impacts and,
particularly, secondary impacts (such as a highway
improvement which provides access to a non-accessible
area) generally commit future generations to similar
uses. Also irreversible damage can result from
environmental accidents associated with the project.
Irretrievable commitments of resources should be
LW evaluated to assure that such consumption is justified.
(7) The Growth-Inducing Impact of the Proposed
Action. The EIR shall discuss the ways in which the
proposed project could foster economic or population
growth, either directly or indirectly in the
surrounding environment. Included in this are
projects which would remove obstacles to population
growth (a major expansion of a wastewater treatment
plant might, for example, allow for more construction
in service areas). Increases in the population may
further tax existing community service facilities so
consideration must be given to this impact. The EIR
shall also discuss the characteristics of the projects
which may encourage and facilitate other activities
that could significantly affect the environment,
either individually or cumulatively. It must not be
assumed that growth in any area is necessarily
beneficial, detrimental, or of little significance to
the environment.
15145 D. Water Quality Aspects. The EIR shall describe in
the environmental setting section, and in other sections
where applicable, water quality aspects of the proposed
36
90
project which have been previously been certified by the
appropriate state or interstate organization as being in
substantial compliance with applicable water quality
standards.
15140(b) E. Summary. The EIR shall contain a brief summary of
the proposed project and its consequences. Such summary
shall be in language sufficiently simple that the issues
can be understood by the average member of the public. The
summary shall stress the major conclusions, areas of
controversy (including issues raised by agencies and the
public), and the issues to be resolved (including the
choice among alternatives and how to mitigate the
significant effects). The summary should normally not
exceed 15 pages.
15140(e) F. Statement of Reason for Findings of No
and (f) and SSi nniif~icance. Environmental effects which were found in an
15143.5 initial study prepared for the project to be clearly
insignificant and unlikely to occur need not be discussed
in the EIR. The EIR, however, shall contain a statement
briefly enumerating such clearly insignificant effects and
there shall be attached to the EIR a copy of such initial
study. In addition, the EIR shall contain a statement
briefly enumerating effects that could possibly be
LO considered significant but were not discussed in detail in
the EIR because they were found to be insignificant. The
latter statement shall briefly indicate the reasons for the
finding of insignificance.
15144 G. Organizations and Persons Consulted. The EIR
shall include a section identifying all Federal, State and
local agencies (including Responsible Agencies),
organizations and private individuals consulted in
preparing the EIR and the identity of the persons, firm or
agency preparing the EIR.
15140(b) H. Index. The EIR shall contain a table of contents
or an index.
15140.5 I. Page Limits. The text of draft environmental
impact reports shall normally be less than 150 pages and
for proposals of unusual scope or complexity should
normally be less than 300 pages.
Section 7.6. General Rules for Preparation of EIR.
15140(d) A. Interdisciplinary Approach. The EIR should be
prepared using a systematic, interdisciplinary approach.
The interdisciplinary analysis shall be conduted by
L
37
qo
competent individuals, but no single discipline shall be
designated or required to undertake this evaluation.
Preparation of EIRs is dependent upon information from many
sources, including any engineering project report and any
scientific documents relating to environmental features.
The EIR shall reference all documents used in its
preparation including, where possible, a citation to the
page and section number of any technical reports which were
used as the basis for any statements in the EIR.
15140(c) B. Technical Data; Submission of A endices. The
information containe in an IR shall include summarized
technical data, maps, plot plans, diagrams, and similar
relevant information sufficient to permit full assessment
of significant environmental impacts of reviewing agencies
and members of the public. Placement of highly technical
and specialized analysis and data in the body of an EIR
should be avoided through inclusion of supporting
information and analyses as appendices to the main body of
the EIR. Appendices to the EIR may be prepared in volumes
separate from the basic EIR document, but shall be
available for public examination and shall be submitted to
all clearinghouses which assist in public review.
15149 C. Incorporation by Reference.
(1) An EIR may incorporate by reference all or
portions of another document which is a matter of
public record or is generally available to the
public. Where all or part of another document is
incorporated by reference, the incorporated language
shall be considered to be set forth in full as part of
the text of the EIR.
(2) Where part of another document is
incorporated by reference, such other document shall
be made available to the public for inspection at a
public place or public building. The EIR shall state
where the incorporated documents will be available for
inspection. At a minimum, the incorporated document
shall be made available to the public in the district
office.
(3) Where an EIR uses incorporation by
reference, the incorporated part of the referenced
document shall be briefly summarized in the EIR where
possible or briefly described if the data or
information cannot be summarized. The relationship
between the incorporated part of the referenced
document and the EIR shall be described in the EIR.
38
,2/ ya
(4) Where information is incorporated from an
EIR that has previously been reviewed through the
state review system, the state identification number
of the incorporated document should be included in the
summary or designation described in C(3) of this
Section.
15140(e) D. Proportionate Discussion. The EIR should discuss
environmental effects in proportion to their severity and
probability of occurrence.
15140(g) E. Forecasting. The preparation of an EIR necessarily
and (h) and involves some degree of forecasting. While 15075(b) fore-
seeing the unforeseeable is not possible, best efforts must
be used to discover and disclose all reasonably available
information. If, after thorough investigation, it is found
that a particular effect is too speculative for evaluation,
such conclusion should be stated and further discussion of
the impact should be terminated.
15150 F. Disclosure Statement. The EIR serves as a public
disclosure document explaining the effects of the proposed
project on the environment, alternatives to the project,
and ways to minimize adverse effects and to increase
beneficial effects.
G. Standards for Adequacy. The EIR should be
prepared with a sufficient degree of analysis to provide
the Board with information which enables it to make a
decision which intelligently takes account of environmental
consequences. An evaluation of the environmental effects
of the proposed project need not be exhaustive, but the
sufficiency of an EIR is not to be reviewed in the light of
what is reasonably feasible. The standard 'is not
perfection, but rather adequacy, completeness, and a good
faith effort at full disclosure are to be sought.
15063 Section 7.7. EIRs on Federal Projects.
A. District Use of Federal EIS. Where a project is
to be undertaken by the District but requires Federal
approval or financial assistance and where the District has
determined that an EIR will be necessary for the project
but is aware that a Federal environmental impact statement
has been or will be prepared for the project, the District
shall, whenever possible, use all or part of the Federal
environmental impact statement as the District EIR,
provided, however, that the District shall assure that such
environmental impact statement complies with the
requirements of these guidelines (in particular, that it
39
contains a discussion of mitigation measures, energy
conservation and growth-inducing impact as required by
paragraphs (3) and (7) of Section 7.5C). If such
environmental impact statement does not comply with the
requirements of these guidelines, the District shall add or
supplement such environmental impact statement to assure
such compliance.
B. District EIR to be Prepared Prior to EIS. If the
District finds that an environmental impact statement for a
project will not be prepared by the Federal agency by the
time the District will need to consider an EIR, the
District shall use its best efforts to prepare a combined
EIR-EIS. Since Federal law generally prohibits a Federal
agency from using an EIR prepared by a local agency as the
Federal environmental impact statement unless the Federal
agency is involved in the preparation thereof, the
District, in preparing the EIR-EIS, shall involve the
Federal agency in such preparation and shall consult as
soon as possible with such agency.
C. District EIR to be Prepared Subsequent to EIS. If
the District finds that an environmental impact statement
for a project has been prepared by the Federal agency prior
to the time when the District will need to consider an EIR
and that the Federal agency circulated the environmental
impact statement for public review as broadly as is
required by these guidelines for circulation of a District
EIR and that the Federal agency gave notice complying with
the requirements of Section 7.9B and Section 7.9C, then the
District need not recirculate the environmental impact
statement for public review. The District shall, however,
publish notice once in a newspaper of general circulation
in the District (or in the county in which the District is
located if there is not a newspaper of general circulation
in the District) that the District will use such
environmental impact statement in place of an EIR and that
it finds that the environmental impact statement meets the
requirements of these guidelines and of the California
Environmental Quality Act.
D. Consultation. If the District plans to use an
environmental impact statement as part or all of the
District EIR or if the District plans to prepare a joint
EIR-EIS, the District's staff shall consult as soon as
possible with the Federal agency which is responsible for
preparation of the Federal environmental impact statement.
15064 and Section 7.8. Consultation Prior to Completion of Draft EIR.
15085(b) Prior to completion of the Draft EIR, the District's staff, to
40
the extent deemed appropriate by such staff, shall consult with
any person or organizations it believes will be concerned with
the environmental effects of the project. In addition, any
person may submit information to the District's staff to assist
in preparation of the EIR. Such information may be submitted in
any format. District's staff may include, or cause to be
included, such information in the EIR if it subjects the
information to its own independent evaluation and analysis.
15050(c)(9), Section 7.9. Completion of Draft EIR; Notice. Upon
15085(a) completion, the Draft EIR shall be presented to the Board for
and review at a regular or special meeting. If the Board finds that
15085(c) the Draft EIR is in order and that it reflects the independent
judgment of the District the Board shall instruct the District's
staff:
15085(c) and A. To file a Notice of Completion in the form
15161.5(e) attached hereto as Exhibit "K" with the Secretary for Resources,
or, where the Draft EIR will be reviewed through the State
Clearinghouse, to file with the State Clearinghouse a cover form
required by the State Clearinghouse, together with ten copies of
the Draft EIR;
15085(d) B. To mail or personally deliver a Notice of
Completion substantially in the form attached hereto as
Exhibit "K" to all organizations and individuals who have
previously requested Notice of Completion of the Draft EIR;
15085(d) C. To mail or personally deliver, in the case of
projects of statewide, regional or area-wide significance
(as defined in Sectin 2.27) a copy of the Draft EIR to the
appropriate metropolitan Area Council of Governments for
review and comment; and
15085(d) D. To give public notice of the completion of the
Draft EIR by at least one of the following procedures:
(1) By publication of a copy of the Notice of
Completion once in a newspaper of general circulation
in the area affected by the proposed project;
(2) By posting of a copy of the Notice of
Completion on, and within twenty (20) feet off of, the
site of the proposed project; or
(3) By mailing a copy of the Notice of
Completion to owners of property contiguous to the
site of the proposed project as their names and
addresses are shown on the last equalized assessment
roll of the county in which the project is proposed to
be located.
LO 41
a~yv
Filings undertaken pursuant to this Section shall be
deemed complete when the appropriate document has been
deposited in the United States mail addressed appropriately
or has been delivered in person to the appropriate office.
Mailings undertaken pursuant to this Section shall be by
first-class mail, postage prepaid.
15050(c)(5), Section 7.10. Review of Draft EIR by Other Public Agencies
15050(c)(6), and Persons with Special Expertise.
15066(f)
and A. General.
15161(a)
(1) Upon completion of the procedures required by
Section 7.9, the District's staff shall consult with
and obtain comments from Responsible Agencies and
other public agencies having jurisdiction by law with
15085(d) and respect to the proposed project. The identity of those
15161.5(e) public agencies having jurisdiction by law over the
project shall be determined on a project-by-project
basis. In the event that review and comment by a
state agency is sought, ten copies of the Draft EIR
shall be submitted through the State Clearinghouse.
In addition, where appropriate, area clearinghouses
may be used in seeking review and comment by regional
and local agencies.
(2) The District may send copies of the Draft EIR
to public agencies or persons with special expertise
with respect to any environmental impact involved
whose comments relative to the Draft EIR would be
desirable.
15085(d)(2) (3) Copies of the Draft EIR should also be
and 15163(b) furnished to appropriate public libraries.
15085(d)(3) (4) In determining appropriate public agencies,
persons and libraries to whom copies of the Draft EIR
should be transmitted under paragraphs (1) through (3)
above, District's staff shall be guided by any
listings of agencies, persons or libraries prepared by
it with respect to various projects and project
locations.
(5) Each public agency, person and library to
whom a Draft EIR is sent under paragraphs (1) through
(3) above shall be advised in writing that written
comments may be submitted to the District within the
time established for review under subsection B below.
LW
42
,2/ 90
15160(a), B. Time for Review. At the time the Board authorizes
15160(b) the procedures described in Sections 7.9 and 7.10, it shall
15160(c) and establish a time period so as to permit adequate review of
15161.5(d) comment on the Draft EIR by such public agencies or
persons. The period of time, to be established in the
discretion of the Board, shall be based upon the size and
scope of the proposed project; provided, however, that in
no event shall the review period be less than thirty (30)
days or more than ninety (90) days. Where review by a
state agency through the State Clearinghouse is requested,
the review period shall not be less than forty-five (45)
days unless the State Clearinghouse approves a shorter
period.
15162 C. Failure to Comment. In the event a public agency
or person whose comments on a Draft EIR are solicited
pursuant to subsection A above fails to comment within the
time period established pursuant to subsection B above, it
shall be presumed, absent a written request for a specific
extension of time for review and comment, together with the
reasons therefor, that such agency or person has no comment
to make. Any extension of time granted by the District
shall be reasonable under the circumstances, but ordinarily
shall not cover a period greater than the time period
initially established for review and comment pursuant to
subsection B above.
15160(d) D. Continued Planning Activities. Continued planning
activities concerning the proposed project, short of formal
approval thereof, may continue during the period set aside
for review and comment on the Draft EIR.
15053(b) Section 7.11. Availability of the Draft EIR for Review.
and Following the filing of the Notice of Completion or State
15163(a) Clearinghouse cover form as required by Section 7.9, copies of
the Draft EIR also shall be made available at the District's
office for review or acquisition by members of the general
public. Any person requesting a copy of the Draft EIR from the
District shall be charged the actual cost of reproducing it.
15085(d)(4) Section 7.12. Public Hearings.
and
15165 A. General. From time to time, depending upon the
nature and location of a proposed project, the Board, in
its discretion, may find it desirable to conduct a public
hearing on the environmental impact thereof. In such event
the public hearing shall be conducted subsequent to the
filing of the Notice of Completion, but in no event sooner
than fourteen (14) days thereafter. The Draft EIR shall be
used as the basis for discussion during any public hearing
that may be held.
43
r B. Notice. Notice of the time and place of the
public hearing shall be published once in a newspaper of
general circulation in the District. If there is no such
newspaper, it shall be posted at three public places within
the District, one of which shall be at the principal
offices of the District. Publication or posting shall be
completed at least fourteen (14) days prior to the date set
for public hearing. Said notice also shall indicate where
the Draft EIR is available for review.
C. Public Hearing During Public Meeting. A public
hearing may be scheduled to be conducted during the course
of a public meeting of the Board.
D. Procedures for Conducting Public Hearin_s. The
procedures for the manner of conducting the public hearings
shall be prescribed by the Board at the time the hearing
convenes. Members of the public who attend shall be
afforded the opportunity to participate in the hearing
process.
15050(c)(8) Section 7.13. Final EIR.
15085(f) A. Preparation. Following the receipt of comments on
the Draft EIR pursuant to the procedures described in
Sections 7.9 and 7.10, and if a public hearing has been
held pursuant to Section 7 .12, following such hearing,
comments that have been received shall be evaluated and a
Final EIR shall be prepared by District's staff.
15027, B. Contents. The Final EIR shall consist of the
15050(c)(7), Draft EIR or a revised Draft EIR, a section containing a
15085(e), statement of the comments received through the review and
15086, consultation process set forth in Section 7.9 through
15146(a) and Section 7.12, either verbatim or in summary, a list of
15146(b) persons and public agencies commenting on the Draft EIR,
and a section containing the responses of the District to
the significant environmental points that are raised in the
review and consultation process.
The response of the District to comments received may
take the form of a revision of the Draft EIR or may consist
of an attachment to the Draft EIR. The responses shall
describe the disposition of significant environmental
issues raised (e.g., revisions to the proposed project to
mitigate anticipated impacts or objections). In
particular, the major issues raised when the District's
position is at variance with recommendations and objections
raised in the comments must be addressed in detail giving
44
,iyo
reasons why specific comments and suggestions were not
accepted.
15086 Where a project report is prepared in the review or
budgetary process pertaining to a proposed project and an
EIR has been prepared for such project, the Final EIR may
be included as a part of the project report.
15050(c)(9), Section 7.14. Certification of Final EIR b Board; Board
15055(b)(1) Approval or Disa roval of Project. Following preparation o
and the Final EIR, it shall be presented to the Board for review
15085(g) and consideration. The responsibility of the Board for such
review and consideration may not be delegated. If the Board
finds the Final EIR to be in order, it shall, at a regular or
special meeting, certify that the Final EIR has been completed
and in compliance with the California Environmental Quality Act
and the State Guidelines and that the Board has reviewed and
considered the information contained in the EIR. Thereupon, but
not prior thereto, the Board may proceed immediately to consider
the proposed project for purposes of approval or disapproval.
Members of the public may appear before the Board and present
their views prior to the Board's determination to approve or
disapprove the project.
15088, Section 7.15. Required Written Findings.
15055(b)(2)
and A. The Board shall not approve a project for which an
15089 EIR has been completed which identifies one or more
significant effects of the project unless the Board makes
one or more of the following findings for each of such
significant effects:
(1) Changes or alterations have been required
in, or incorporated, into the project which mitigate
or avoid the significant environmental effects thereof
as identified in the Final EIR.
(2) Such changes or alterations are within the
responsibility and jurisdiction of a public agency
other than the District. Such changes have been
adopted by such other agency or can and should be
adopted by such other agency.
(3) Specific economic, social, or other
considerations make infeasible the mitigation measures
or project alternatives identified in the Final EIR.
B. The findings made pursuant to subsection A,
together with a statement of facts supporting each finding,
shall be made and set forth in a resolution adopted by the
45
Board. Such findings shall be supported by substantial
evidence in the record of proceedings before the Board.
C. The finding in subsection A(2) shall not be made
if the District making the finding has concurrent
jurisdiction with another agency to deal with identified
feasible mitigation measures or alternatives.
D. A public agency shall not approve or carry out a
project as proposed unless the significant environmental
effects have been reduced to an acceptable level.
(1) All significant environmental effects that
can feasibly be avoided have been eliminated or
substantially lessened as determined through findings
as described in subsection A, and
(2) Any remaining, unavoidable significant
effects have been found acceptable under Section 7.19.
15085(h) Section 7.16. Notice of Determination. Following approval
of the project, the District shall cause to be prepared a Notice
of Determination on a form attached hereto as Exhibit "H" which
shall contain the following:
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 District approved the project;
D. The determination of the District whether the
project in its approved form 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 a Statement of Overriding Considerations
was adopted for the Project;
H. The address where a copy of the EIR and the record
of project approval may ber examined.
Said notice shall then be filed with the County Clerk of
the county or counties in which the project is located and,
46
~ yo
if the project requires discretionary approval from a State
LW agency, with the Secretary for Resources.
15053(a) Section 7.17. Costs. As to projects covered by paragraphs
(2) and 3 of Section 2.23A, the person or entity proposing to
carry out the project requiring approval by the District shall
bear all costs incurred by the District in preparing and filing
the EIR, as well as all publication costs incidental thereto.
15166 Section 7.18. Retention of Comments. All written comments
received on a Draft EIR through the formal consultation process,
as well as all written comments that may be received
independently of said process, shall be retained at the
District's office for a period of at least one year following
approval or disapproval of the project to which they relate.
Said comments shall be made available for public inspection at
all reasonable times.
15089 and Section 7.19. Statement of Overriding Considerations.
15055(b)(2) Where the approval by the District of the project will permit
the occurrence of significant environmental effects which are
identified in the Final EIR but are not mitigated, the District
Board shall aprove and direct District's staff to file in the
District's office, a Statement of Overriding Considerations
pertaining to the project. Such statement shall set forth in
detail the Board's reasons for approving the project and shall
describe information contained in the Final EIR or elsewhere in
the record which supported such reasons.
ARTICLE VIII - EIRs AND PROJECT SCOPE
'15068 and Section 8.1. Use of a Single EIR.
15068.5
A. Two or More Projects. A single EIR may be
utilized to describe more than one project when the
projects are essentially the same in terms of environmental
impacts. Any environmental impacts peculiar to any one of
the projects must be separately set forth and explained.
B. Later Projects. An EIR on an earlier project may
be utilized to apply to a later project if the
environmental impacts of the projects are essentially the
same. If there are environmental impacts applicable to the
later project which were not associated with the earlier
project, the earlier EIR must be supplemented to set forth
and explain said impacts separately.
47
C. General Plan EIR. The EIR on a general plan may
be used as the foundation document for EIRs subsequently
prepared for specific projects with the geographic area
covered by the general plan. The subsequent EIRs may
reference and summarize material in the EIR on the general
plan for the description of the general environmental
setting and as much of the description of the environmental
impacts as applies to the specific project. Detailed
information in the EIR on the specific project may be
limited to a description of the project, the specific
environmental setting and those impacts which are not
adequately described for the specific project in the EIR on
the general plan. When a subsequent EIR refers to an EIR
on the general plan for part of its description of the
environment and the environmental impacts, copies of the
EIR on the general plan shall be made available to the
public in a number of locations in the community and to any
clearinghouses which will assist in public review of the
EIR. The purpose of this subsection is not to restrict
analysis of environmental issues but is to avoid the
necessity for repeating detail from an EIR prepared on a
general plane "General plan" as used in this subsection
means a master plan or program prepared by the District or
by a city or county which relates to a geographical area
encompassing the site of proposed projects.
15069 Section 8.2. Multiple and Phased Project s
A. Phased Projects. Where individual projects are,
or a phased project is, to be undertaken and where the
total undertaking comprises a project with significant
environmental effect, a single EIR must be prepared for the
ultimate effect.
IB. Interrelated Projects. Where an individual
project is a necessary precedent for action on a larger
project, or commits the District to a larger project, the
EIR must address itself to the scope of the larger project.
C. Similar Projects. Where one project is one of
several similar projects of the District, but is not deemed
a part of a larger undertaking or a larger project, one EIR
may be prepared for all projects, one for each project, but
should in either case comment upon the combined effect.
15069.5 Section 8.3. Staged EIR.
A. General Form. Where a large capital project will
require a number of discretionary approvals from
governmental agencies and one of the approvals will occur
48
~o
LV more than two years before construction will begin, a
staged EIR may be prepared covering the entire project in a
general form. The staged EIR shall evaluate the proposed
project in light of current and contemplated plans and
produce an informed estimate of the environmental
consequences of the entire project. The aspect of the
project before the public agency for approval shall be
discussed with a greater degree of specificity than those
aspects of the project not before the public agency.
B. Supplement to General Form EIR. When a staged EIR
has been prepared, a supplement to the EIR shall be
prepared when later approval is required for the project,
and the information available at the time of the later
approval is such as to permit consideration of additional
environmental impacts, mitigation measures, or reasonable
alternatives to the project.
C. Statutory_ Designation of Lead Agency. Where a
statute provides that a specific agency other than the
District shall be Lead Agency for a project and requires
such agency to prepare an EIR for such project, where the
District is a Responsible Agency for the project, where the
District or other Responsible Agency for the project must
grant approval for the project before the Lead Agency has
completed the EIR, the District or such other Responsible
Agency may prepare and consider a staged EIR for the
project.
15069.7 Section 8.4. Tiering. Tiering of EIRs is encouraged to
eliminate repetitive discussions of the same issues and to focus
on the actual issues ripe for decision at each level of
environmental review. Whenever a broad scope EIR has been
prepared on a program, plan, or policy and an environmental
document is prepared later on an action included within the
program, plan or policy (such as a site specific action) the
subsequent environmental document need only summarize the issues
discussed in the broad scope or program EIR, incorporate
discussions from the broader EIR by reference, and concentrate
.on the specific action proposed. The subsequent document shall
state where the earlier document is available. Tiering may also
be appropriate for different stages of action.
15069.8 Section 8.5. Program EIR.
A. A program EIR is one which may be prepared on an
integrated series of actions that are related either:
(1) Geographically,
49
")/go
r
LV (2) As logical parts in the chain of contemplated
actions,
(3) In connection with issuance of rules,
regulations, plans or other general criteria to govern the
conduct of a continuing program, or
(4) As individual projects carried out under the same
authorizing statutory or regulatory authority and having
generally similar environmental effects which can be
mitigatged in similar ways.
B. Use of a Program EIR can:
(1) Allow a more exhaustive consideration of effects
and alternatives than would be practical in an EIR on an
individual action,
(2) Ensure consideration of cumulative impacts that
might be slighted in a case-by-case analysis,
(3) Avoid duplicative reconsideration of basis policy
considerations,
(4) Allow 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 cumulatiuve impacts.
(5) Allow reduction in paperwork.
C. Subsequent activities in the program must be examined
in the light of the program EIR to determine whether an
additional environmental document must be prepared.
(1) If a later activity would have effects that were
not examined in the program EIR, a new initial study would
need to be prepared leading to either an EIR or a Negative
Declaration.
(2) If the District finds that pursuant to Section
9.1, no new effects could occur or no new mitigtion
measurers would be required, the District can approve the
activity as being within the scope of the project covered
by the program EIR, and no new environmental document would
be required.
(3) A District shall incorporate feasible mitigation
measures and alternatives developed in the program EIR into
subsequent actions in the program.
50
/90
(4) Where the subsequent activities involve site
specific operations, the District should use a written
checklist or similar device to document the evaluation of
the site and the activcity to determine whether the
environmental effects of the operation were covered in the
program EIR.
(5) A program EIR will be most helpful in dealing
with subsequent activities if it deals with the effects of
the program as specifically and comprehensively as
possible. With a good and detailed analysis of the
program, many subsequent activities could be found to be
within the scope of the project described in the program
EIR, and no further environmental documents would be
required.
D. A program EIR can be used to simplify the task of
preparing environmental documents on later parts of the
program. The program EIR can:
(1) Provide the basis in an initial study for
determining whether the later activity may have any
significant effects.
(2) 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.
(3) Focus an EIR on a subsequent project to permit
discussion solely of new effects which had not been
considered before.
E. When a law other than CEQA requires public notice when
the District later proposes to carry out or approve an activity
within the program and to rely on the program EIR for CEQA
compliance, the notice for the activity shall include a
statement that:
(1) This activity is within the scope of the program
approved earlier, and
(2) The program EIR adequately describes the activity
for the purposes of CEQA.
ARTICLE IX - SUBSEQUENT ENVIRONMENTAL DOCUMENTS
15067 Section 9.1. General Rule. Where an EIR or a Negative
Declaration has been prepared for a project, an additional EIR
51
is not required to be prepared for such project unless the
District's staff finds that the events described in subsection
A, B or C below have occurred.
A. Changes in Project. A new EIR is required if
subsequent changes are proposed in the project which will
require major revisions of the EIR or Negative Declaration
previously prepared for the project due to the involvement
of new significant environmental effects not considered in
a previous EIR.
B. Changes in Circumstances. A new EIR is required
if substantial changes occur with respect to the
circumstances under which the project is undertaken, such
as a substantial deterioration in the air quality where the
project will be located, which will require important
revisions of the EIR or Negative Declaration previously
prepared for the project due to the involvement of new
significant environmental effects not considered in a
previous EIR.
C. New Information. A new EIR is required if new
information of substantial importance to the project
becomes available and the information was not known and
could not have been known at the time that the EIR was
certified or 'the Negative Declaration was adopted and the
new information shows any of the following:
(1) the project will have one or more significant
effects not discussed in a previous EIR;
(2) significant effects examined in a previous
EIR will be substantially more severe than shown in
such EIR;
(3) mitigation measures or alternatives
previously found not to be feasible would in fact be
feasible and would substantially reduce one or more
significant effects of the project; or
(4) mitigation measures or alternatives which
were not previously considered in an EIR would
substantially lessen one or more significant effects
on the environment.
Section 9.2. Timing for Subsequent EIR.
A. Before Project Approval. If District's staff
determines, pursuant to Section 9.1, that a subsequent EIR
52
~ / 90
is required for a project and such project has not yet been
approved by the District, then District's staff shall
prepare or cause to be prepared a subsequent EIR for the
project prior to District approval of the project.
B. After Project Approval. If the project was
approved by the District prior to the time that it is
determined that a subsequent EIR is required for the
project, the subsequent EIR shall be prepared by the
District or other public agency prior to the next
discretionary approval of the project by the District or
such other public agency. If the District is a Responsible
Agency on a project for which it is determined that a
subsequent EIR is required after the Lead Agency has
approved the project, the District shall not approve the
project as Responsible Agency until such subsequent EIR has
been approved.
15067.5 Section 9.3. Supplement to An EIR.
A. When Used. The District or Responsible Agency may
choose to prepare a supplement to an EIR rather than a
subsequent EIR if:
(1) Any of the conditions described in Section
9.1 would require the preparation of a subsequent EIR,
and
(2) Only minor additions or changes would be
necessary to make the previous EIR adequately apply to
the project in the changed situation.
B. Contents. The supplement to the EIR need contain
only the information necessary- to make the previous EIR
adequate for -the project as revised.
C. Notice and Review. A supplement to an EIR shall
be given the same kind of notice and public review as is
given to a draft EIR under Section 7.10. A supplement to
an EIR may be circulated by itself without recirculating
the previous draft or final EIR.
D. Findings. When the District decides whether to
approve the project, the Board shall consider the previous
EIR as revised by the supplemental EIR. A finding under
Section 7.15 shall be made for each significant effect
shown in the previous EIR as revised.
53
ARTICLE X - MISCELLANEOUS
Section 10.1. District's Staff Determination. Any
determinations or procedures required herein to be made or
undertaken by District's staff may be made or undertaken by the
Board, if desirable or appropriate.
Section 10.2. Partial Invalidity. In the event that any
part or provision of these Guidelines shall be determined to be
invalid, the remaining portions hereof which can be separated
from the invalid unenforceable provisions, shall nevertheless
continue in full force and effect.
Section 10.3. Headings. Headings preceding the texts of
the articles, sections and paragraphs hereof shall be solely for
convenience of reference and shall not affect the meaning,
construction, or effect of such texts.
15014(b) Section 10.4. Effective Date. These Guidelines shall be
and effective on Janaury 1, 1978, provided, however, that any Draft
15070(c) EIR which was completed and sent out for public review on or
before January 1, 1978, in compliance with District Guidelines
theretofore in effect shall be deemed in compliance with these
Guidelines.
54
EXHIBIT "A"
DISTRICT
PRELIMINARY ENVIRONMENTAL ASSESSMENT
Name of Project:
Location:
Entity or Person Undertaking Project: (Check appropriate box)
( ) District
( ) Other: Name
Address
Staff Determination:
The District's staff, having undertaken and completed a preliminary
review of this project in accordance with the District's guidelines entitled
"Local Guidelines Implementing the California Environmental Quality Act", has
concluded that this project does not require further environmental assessment
because:
( ) 1. The proposed action does not constitute a project within the
meaning of Section 4.2 and Section 2.240
( ) 2. The project constitutes a feasibility or planning study under
Section 4.3.
( ) 3. The project is an Emergency Project under Section 4.4.
( ) 4. The project is a Ministerial Project under Section 4.5.
( ) 5. The project is Categorically Exempt under Section 4.6.
Applicable Exemption Class, Local Guidelines
Applicable Exemption Class, State Guidelines
( ) 6. The project involves another public agency which constitutes the
lead agency.
Name of Lead Agency
Date:
Authorized Person
EXHIBIT "B"
NOTICE OF EXEMPTION
TO: ( ) Secretary for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, California 95814
( ) County Clerk
County of
Project Title
roP jec~'Loca ion - Specific
Project Location - City Project Location - County
Description of Nature, Purpose and Beneficiaries of Project
Name of Public Agency Approving Project
Name of Person or Agency Carrying Out roiec
Exempt Status: (Check One)
Ministerial (Section 15073)
Declared Emergency (Section 15071(a))
Emergency Project (Section 15071 (b) and (c))
Categorical Exemption. State type and Section number:
Reasons why project is exempt:
Contact Person Area Code Telephone Extension
Vigo
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency
approving the project: Yes No
Signature
Title
Date Received for Filing
~F
~rr
ii
9O
EXHIBIT "C"
INITIAL STUDY
(Prepared pursuant to Article V of the Environmental Guidelines
of the District)
I. Project Title:
II. Full Description of Project:
III. Energy Usage of Project:
IV. Exact Location of Project (If construction or a similar activity
is involved, give street names, addresses or other geographical
data sufficient to enable a resident of the District to identify
the physical location of all aspects of the project. A metes and
bounds description should be avoided if at all possible. A map may
be attached in lieu of, or in addition to, the verbal description):
V. Public Agencies (List public agencies, if any, other than the
District, which must approve, or give a permit for the project):
VI. Reason for Project:
VII. Compatibility with Zoning and Planning (Discuss whether the
project is compatible with existing zoning and plans):
VIII6 E6vironmental Settings of Project (This description -should be
complete enough to enable a person not familiar with the geography
of the District to envision the environmental setting of the
project. Any unusual features such as scenic resources, historic
buildings, unusual flora or fauna or similar unique qualities of
the setting should be noted):
ii
o
IX. Environmental Effects of Project (Complete the following
check-list and attach explanations of each "yes" and "maybe"
answer. Consider indirect and ultimate results of the project as
well as direct impacts of the project and secondary as well as
primary effects of the project. If readily available, attach or
make reference to relevant scientific, technical, or factual data):
Yes Maybe No
1. Earth. Will the proposed project
result in.
a. Unstable earth conditions? _
b. Changes in geologic substructures?
c. Disruptions, displacements,
compaction or overcovering of the soil?
d. Change in topography or ground
surface relief features?
e. The destruction, covering or
modification of any unique geologic
or physical features?
f. Any increase in wind or water
erosion of soils, either on or off
the site?
go Changes in deposition or erosion
of beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any bay, inlet or
lake?
h. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure
or similar hazards?
2. Air. Will the proposed project
result in:
a. Substantial air emissions?
b. Deterioration of ambient air
quality?
c. A contribution to an existing
or projected air quality violation?
'iii
LV d. The creation of objectionable Yes Maybe No
odors?
e. Alteration of air movement,
moisture or temperature, or any
change in climate, either locally
or regionally?
3. Water. Will the proposed project
result in:
a. Changes in currents, or the
course or direction of water movements,
in either marine or fresh waters?
b. Changes in absorption rates,
drainage patterns, or the rate and
amount of surface water runoff?
c. Alterations to the course or
flow of flood waters?
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters?
f. Alteration of surface water
quality, including but not limited to,
temperature, dissolved oxygen or
turbidity?
g. Alteration of the direction
or rate of flow of ground waters?
h. Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
i. Substantial reduction in the amount
of water otherwise available for public
water supplies?
j. Exposure of people or property
to water related hazards, such as
flooding or tidal waves?
iv
G2/go
Yes Maybe No
4. Plant Life. Will the proposed
project result in:
a. Change in the diversity of species,
or number of species of any plants
(including trees, shrubs, grass, crops
and aquatic plants)?
b. Reduction of the numbers of any
unique, rare or endangered species
of plants?
c. Introduction of new species
of plants into an area, or in a
barrier to the normal replenishment
of existing species?
d. Reduction in acreage of any
agricultural crop?
5. Animal Life. Will the proposed
project result in:
a. Change in the diversity.of species,
or numbers of species of any birds,
'land animals, reptiles, fish, shellfish
benthic organisms or insects?
b. Keduction of the number of any
unique, rare or endangered species of
birds, land animals, reptiles, fish,
shellfish, benthic organisms or insects?
c. -Introduction of new species of
birds, land animals, reptiles, fish,
shellfish, benthic organisms or insects?
d. Deterioration to, or reduction of,
the habitats of birds, land animals,
reptiles, fish, shellfish, benthic
organisms or insects?
e. Interfere significantly with
the movement of any resident or
migratory species of birds, land
animals, reptiles, fish, shellfish,
benthic organisms or insects?
V
~/9 U
Yes Maybe No
6. Noise. Will the proposed project
result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise
levels?
7. Light and Glare. Will the proposed
project produce new light or glare?
8. Land Use. Will the proposed project
result in a substantial alteration of
the present or planned land use of
an area?
Will the proposed project conflict
with:
a. Adopted environmental plans and
goals of the community where it 'is
located?
b., Applicable city or county adopted
general plans for the area?
9. Natural Resources.. Will the proposed
project result in:
a. Increase in the rate of use of any
natural resources? _
b, Substantial depletion of any
nonrenewable natural resource?
10. Risk of Accident. Does the proposed
project involve a risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation) in
the event of an accident or upset
conditions?
11. Population.
a. Will the proposed project alter
the location, distribution, density,
or growth rate of the human population
of an area?
vi
b. Does the proposed project include Yes Maybe No
capacity for a population greater than
that now resident in the project area?
12. Housing. Will the proposed project
affect existing housing, or create a
demand for additional housing?
13. Transportation/Circulation. Will the
proposed project result in:
a. Generation of substantial
additional vehicular movement?
b. Effects on existing parking
.facilities, or demand for new parking? _
c. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns
of circulation or movement of people
and/or goods?
e. -Alterations to waterborne, rail
or air traffic?
f. Increase in traffic hazards to
motor vehicles, bicyclists or
pedestrians?
14. Public Services. 'Will the proposed
project have an effect upon, or result
in a need for new or altered
governmental services?
'15. Energy. Will the proposed project
either result in or encourage:
a. Use of substantial amounts of
fuel or energy?
b. Substantial increase in demand
upon existing sources of energy? _
c. A requirement for the development
of new sources of energy?
16. Utilities. Will the proposed project
result in a need for new systems of,
or substantial alterations to, the
vii
Yes Maybe No
following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health. Will the proposed
project result in:
a. Creation of any health hazard
or potential health hazard (excluding
mental health)?
b. Exposure of people to potential
health hazards?
18. Aesthetics. Will the proposed
project result in:
a. The obstruction of any scenic vista
or view open to the public?
b. The creation of an aesthetically
offensive site open to.public view?
c. The destruction of a stand of
trees, a rock outcropping or other
locally recognized desirable aesthetic
natural feature?
d. Any negative aesthetic effect?
19. Recreation. Will the proposed project
.result in an impact upon the quality
or quantity of existing recreational
opportunities?
20. Archaeological/Historical. Will
the proposed project result in an
alteration of a significant
archaeological, historical,
paleontological or cultural site,
structure, object or building? _ i
viii
Yes Maybe No
21. Mandatory Findings of Significance.
a. Does the proposed project have the
potential to degrade the quality of
the environment, substantially reduce
the habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of
a rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or
prehistory?
b. Does the proposed project have the
potential to achieve short-term, to the
disadvantage of long-term, environmental
goals?
c. Does the proposed project have
impacts which are individually limited,
but cumulatively considerable? (A
project may impact on two or more
separate resources where the impact on
each resource i.s relatively small, but
where the effect of the total of
those impacts on the environment is
significant)
d. Does the proposed project have
environmental effects which will
cause substantial adverse effects on
human.beings, either directly or
indirectly?
X. Mitigation Measures (List by number all effects on the check-list
contained under part IX above to which a "yes" or "maybe" answer
was given and describe the measures, if any, which can be taken by
the District to mitigate adverse impacts, if any, of such effects):
LW
ix
XI. Public Controversy (Describe public controversy, if any,
concerning any environmental effects of the project):
Dated:
By,
Authorized Person
x
EXHIBIT "D"
(Prepared by Secretary for Resources)
SIGNIFICANT EFFECTS
A project will normally have a significant effect on the environment if
it will:
a. Conflict with adopted environmental plans and goals of the
community where it is located;
b. Have a substantial, demonstrable negative aesthetic effect;
c. Substantially affect a rare or endangered species of animal or
plant or the habitat of the species;
d. Interfere substantially with the movement of any resident or
migratory fish or wildlife species;
e. Breach published national, state, or local standards relating
to solid waste or litter control;
f. Substantially degrade water quality;
g. Contaminate a public water supply;
h. Substantially degrade or deplete ground water resources;
i. Interfere substantially with ground water recharge;
j. Disrupt or adversely affect a prehistoric or historic
archaeological site or a property of historic or cultural significance
to a community or ethnic or social group; or a paleontological site
except as a part of a scientific study;
k. Induce substantial growth or concentration of population;
1. Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system;
m. Displace a large number of people;
n. Encourage activities which result in the use of large amounts
of fuel, water or energy;
o. Use fuel, water or energy in a wasteful manner;
~iGo
p. Increase substantially the ambient noise levels for adjoining
areas;
q. Cause substantial flooding, erosion or siltation;
r. Expose people or structures to major geologic hazards;
S. Extend a sewer trunk line with capacity to serve new
development;
t. Substantially diminish habitat for fish, wildlife or plants;
u. Disrupt or divide the physical arrangement of an established
community;
v. Create a potential public health hazard or involve the use,
production or disposal of materials which pose a hazard to people or
animal or plant populations in the area affected;
w. Conflict with established recreational, educational, religious
or scientific uses of the area;
X. Violate any ambient air quality standard, contribute
substantially to an existing or projected air quality violation, or
expose sensitive receptors to substantial pollutant concentrations;
y. Convert prime agricultural land to non-agricultural use or
impair the agricultural productivity of prime agricultural land;
z. Interfere with emergency response plans or emergency evacuation
plans.
ii
EXHIBIT "E"
DISTRICT
ENVIRONMENTAL IMPACT ASSESSMENT
Name of Project:
Location:
Entity or Person Undertaking Project: (check appropriate box)
( ) _ District
( ) Other: Name
Address
Staff Determination
The Distri.ct's staff, having undertaken and completed an initial study
of this project in accordance with Article V of the District's guidelines
entitled "Local Guidelines Implementing the California Environmental Quality
Act"., for the purpose of ascertaining whether the proposed project might have
a significant effect on the environment, has reached the following conclusion:
( ) to The project will not have a significant effect on the
environment; therefore, a ,Negative Declaration should be
prepared.
( ) 2. The project, if modified in accordance with certain mitigation
measures set forth in the initial study and enumerated in
Exhibit "A" attached hereto and by reference incorporated
herein, will not have a significant effect on the
environment. Upon completion of such procedures as may be
necessary 'to assure such modification., a Negative Declaration
should be prepared.
( ) 3. The project may have a significant effect on the environment;
therefore, and EIR will be required.
Dated:
Authorized Person
EXHIBIT "F"
NEGATIVE DECLARATION
( ) Proposed
( ) Final
Name of Project:
Location:
Entity or Person Undertaking Project: (check appropriate box)
( ) District
( ) Other: Name
Address
Project Description: ,
Finding: It is hereby found that the above-named project will not have a
significant effect upon the environment.
Initial Study: An initial study of this project was undertaken and prepared
in accordance with Article V of the District's local environmental guidelines
for the purpose of ascertaining whether this project might have a significant
effect on the environment. A copy of such initial study is attached hereto
and by reference incorporated herein. Such initial study documents reasons to
support the above finding.
Mitigation Measures: The following mitigation measures have been included in
the project to avoid potentially significant effects.
a.
b.
C.
d.
Dated:
Authorized Person
EXHIBIT "G"
NOTICE OF PROPOSED NEGATIVE DECLARATION
Name of Project:
Location:
Entity or Person Undertaking Project: (check appropriate box)
( ) District
( ) Other: Name
Address
Project Description:
NOTICE IS HEREBY GIVEN THAT the
District,
County, California, proposes to issue a Negative Declaration for
the captioned Project. Such Negative Declaration is based upon a finding that
the Project will not have a significant effect upon the environment. The
reasons to support such finding are documented by an initial study prepared by
the District. Copies of such initial study and the proposed Negative
Declaration may be obtained from:
Name:
Title:
Address:
Dated:
Authorized Person
460
Title
EXHIBIT "H"
NOTICE OF DETERMINATION
TO: ( ) Secretary for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, California 95814
( ) County Clerk
County of
SUBJECT: Filing of Notice of Determination in compliance with Section 21108
or 21152 of the Public Resources Code.
Project Title (and Common Name, if any
State Clearinghouse Number if submitted to State Clearinghouse
ontact Person a ep one Number
Project Location
rr Project Description
This is to advise that on the day of 19 ,
the Lead Agency) approved the above
described project an as ma e the following determinations regarding the
above described project:
1. The project ( ) will have a significant effect on the environment.
( ) w i l l not
2. ( ) An Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA and was certified as required by
14 California Administration Code Section 15085(g). The following
mitigation measures were adopted by the Lead Agency to reduce
impacts of the approved project:
1.
2.
3.
4.
A copy of the Environmental Impact Report and the record of the project
approval may be examined at
~i yo
( ) A Negative Declaration was prepared for this project pursuant to
the provisions of CEQA and may be examined at
3. ( ) A Statement of Overriding Consideration ( ) was adopted for
this project. ( ) was not
Signature
Title
Date
Date Received for Filing
ii
a~~o
EXHIBIT "I"
NOTICE OF PREPARATION
TO: FROM:
Responsible Agency District
Address Address
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report.
District will be the Lead Agency and
will prepare an environmental impact report for the project identified below.
We need to know the views of your agency as to the scope and content of the
environmental information which is germane to your agency's statutory
responsibilities in conneciton with the proposed project. Your agency will
need to use the EIR prepared by our agency when considering your permit or
other approval for the project.
The project description, location, and the probable environmental effects are
contained in the attached materials. A copy of the Initial Study ( )is, ( )is
not, attached.
Due to the time limits mandated by State law, your response must be sent at
the earliest possible date but not later than 45 days after receipt of this
notice. Your response at a minimum must identify the significant
environmental issues and possible alternatives and mitigation which you will
need to have explored in the draft EIR.
Please send your response to at the address
shown above. We will need the name for a contact person in your agency.
PROJECT TITLE:
PROJECT APPLICANT, IF ANY:
Dated:
Signature
Title
Telephone
EXHIBIT "J"
(Prepared by Secretary for Resources)
ENERGY CONSERVATION
I. INTRODUCTION
The goal of conserving energy implies the wise and efficient use of
energy. The means of achieving this goal include:
1. decreasing overall per capita energy consumption,
2. decreasing reliance on natural gas and oil, and
3. increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in project
decisions, the California Environmental Quality Act requires that EIRs include
a discussion of the potential energy impacts of proposed projects, with
particular emphasis on avoiding or reducing inefficient, wasteful and
unnecessary consumption of energy.
Energy conservation implies that a project's cost effectiveness be
reviewed not only in dollars, but also in terms of energy requirements. For
many projects, lifetime costs may be determined more by energy efficiency that
by initial dollar costs.
II. EIR CONTENT
Potentially significant energy implications of a project should be
considered in an EIR. The following list of energy impact possibilities and
potential conservation measures is designed to assist in the preparation of an
EIR. In many instances specific items may not apply or additional items may
be needed.
A. Project Description may include the following items:
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. Initial and life-cycle energy costs or supplies.
460
5. Total estimated daily trips to be generated by the project
and the additional energy to be consumed per trip by mode.
B. Environmental Setting may include existing energy supplies and
energy use patterns in the region and locality.
C. Environmental Impacts may include:
1. The project's energy requirements and its energy use
efficiencies by amount and fuel type for each stage of the
project's life-cycle including construction, operation, maintenance
and/or removal. If appropriate, the energy intensiveness of
materials may be discussed.
2. The effects of the project on local and regional energy
supplies and on requirement 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.
6. The project's projected transportation energy use
requirements and its overall use of efficient transportation
alternatives.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and
unnecessary consumption of energy during construction, operation,
maintenance and/or removal. The discussion should explain why
certain measures were incorporated in the project and why other
measures were dismissed.
2. The potential of siting, orientation, and design to
minimize energy consumption, including transportation energy.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy
systems.
5. Energy conservation which could result from recycling
efforts.
E. Alternatives should be compared in terms of overall energy
consumption and in terms of reducing wasteful, inefficient and
unnecessary consumption of energy.
ii
~i 49
F. 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.
G. Irreversible Commitment of Resources may include a discussion
of how the project preempts future energy development or future energy
conservation.
H. Short-Term Gains versus Long-Term Impacts can be compared by
calculating the energy costs over the lifetime of the project.
1. Growth-Inducing Effects may include the estimated energy
consumption of growth induced by the project.
b
1
EXHIBIT "K"
TO: State of California DATE:
The Resources Agency
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Project Title State Clearinghouse No.
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency Division
Address Where Copy of EIR is Available
Review Period
Contact Person Area Code Phone Extension