Resolution No. 1952 WJW,L:RJH: tr 1 -29 -75 8c
RESOLUTION NO. 1 9 5 2
A RESOLUTION ADOPTING LOCAL ENVIRONMENTAL
GUIDELINES IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND REPEALING
ENVIRONMENTAL GUIDELINES HERETOFORE ADOPTED
RESOLVED, by the Board of Directors of the South Tahoe Public
Utility District, El Dorado County, California, that
WHEREAS, on the 21st day of March, 1974, pursuant to its
Resolution No. 1876, this Board did adopt Local Guidelines Imple-
menting the California Environmental Quality Act, which Guidelines
were based upon State Environmental Guidelines promulgated by the
Secretary for Resources on December 17, 1973;
WHEREAS, said Local Guidelines were subsequently amended to
conform to amendments made to said State Guidelines; and
WHEREAS, on December 26, 1974, said State Guidelines were
further amended and Public Resources Code Section 21082 and Section
15050 of said amended State Guidelines require that local environ-
mental procedures be consistent with said amended State Guidelines;
NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED as follows:
1. That the "Local Guidelines Implementing the California
Environmental Quality Act of 1970, as Amended ", a copy of which is
attached hereto and by reference incorporated herein, be, and is
hereby adopted by this Board as the environmental guidelines of
this District.
2. That local environmental guidelines heretofore adopted
by this District be, and are hereby, repealed.
3. That the effective date of this resolution shall be as
set forth in Section 9.3 of the Local Environmental Guidelines
attached hereto.
sres •e
ATTEST: South Tahoe Public Utility District
/ 1 if
C er an• ex -o cio ecretary
y 1 l
I hereby certify that the foreo_;oing is a full, true and
correct copy of Resolution No. 1952 duly and regularly adopted
by the Board of Directors of the South Tahoe Public Utility District,
El Dorado County, California, at a meeting thereof duly held on the
6th day of March , 1975, by the following vote:
AYES, and in favor thereof, Directors: Wakeman
Kortes
Fesler
Hegarty
RIME
NOES, Directors: None
ABSENT, Directors: NggR G. Ream
kb, 15(-0A--- /
C er an. ex -o cio Secre ary `--
South Tahoe Public Utility District
klise
LOCAL GUIDELINES IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970,
AS AMENDED
Denotes State
Guidelines SOUTH TAHOE PUBLIC UTILITY DISTRICT
Section
ARTICLE I - GENERAL
§ §15001, Section 1.1. Purposes. These Guidelines implement the
15005and purposes and provisions of the California Environmental Quality
15022 Act of 1970, as amended, Public Resources Code Sections 21000
et seq. (hereinafter referred to as "CEQA ") and the Guidelines
for Implementation of the CEQA of 1970 which have been adopted
by the California Secretary For Resources (hereinafter referred
to as "State EIR Guidelines "). The enhancement and long -term
protection of the environment and the encouragement of public
participation in achieving these goals are objectives of this
measure.
§15012 Section 1.2. Objectives. From time to time and under
circumstances as outlined by these Guidelines, environmental
documents must be prepared as a prerequisite to approval of a
project. 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. The Board retains
authority to balance environmental objectives with economic,
social, and other relevant objectives of the proposed project.
ARTICLE II - DEFINITIONS
§15020 Whenever the following terms are used in these Guidelines,
they shall have the following meaning 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 be deemed to occur on
the date the Board adopts a resolution making the determination
to proceed with a project, which in no event shall be later than
the date of adoption of plans and specifications. As respects
private projects defined in paragraphs (2) and (3) of Section
2.21A, approval shall be deemed to occur upon the earliest
commitment to issue or the issuance by the District of a dis-
cretionary contract, grant, subsidy, loan, or other form of
financial assistance, lease, permit, license, certificate, or
other entitlement for use of the project. The mere acquisition
of land by the District, on the other hand, shall not in and
of itself be deemed to constitute approval of a 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.
r
§15023 Section 2.3. Categorical Exemption means an exemption from
the requiwement of preparing a Negative Declaration or an EIR
even though the proposed project is discretionary in nature, as
more particularly described in Section 3.5.
§15024 Section 2.4. 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 2.5. District means this District.
§15050(c) Section 2.6. District's Staff means the Engineer- Manager
(11) and /or his designee, and any other person or persons designated
by the Board.
§15025 Section 2.7. Emergency means a sudden, unexpected occur-
rence demanding immediate action to prevent or mitigate loss
or damage to life, health, property, or essential public services.
§15026 Section 2.8. 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.
L 026.5 Section 2.9. Environmental Documents means draft and final
EIRs, initial studies, Negative Declarations, Notices of Com-
pletion and Notices of Determination.
§15027 Section 2.10. 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 7.1.
§15028 Section 2.11. EIS - Environmental Impact Statement means
an EIR prepared pursuant to the National Environmental Policy
Act (NEPA).
§15029 Section 2.12. Feasible means capable of being accomplished
in a successful manner by reasonably available, economic, and
workable means.
§15029.5 Section 2.13. Initial Study means a preliminary analysis
prepared by the District pursuant to Section 5.1 to determine
whether an EIR or a Negative Declaration must be prepared for
a project.
§15029.6 Section 2.14. Jurisdiction by Law.
A. Jurisdiction by law means the authority of any public
agency to:
(1) Grant a permit or provide funding for the
project in question, or
(2) 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
(2) The city and /or county in which the major en-
vironmental effects of the project will occur.
(3) The city and /or county in which reside those
citizens most directly concerned with the major environ-
mental 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 2.15. Lead Agency means the public agency which
has the principal responsibility for preparing environmental
documents and for carrying out or approving a project which may
have a significant effect on the environment.
§15033 Section 2.16. Negative Declaration means a statement by
the lead agency briefly presenting the reasons that the project,
although not otherwise exempt, will not have a significant effect
on the environment and therefore does not require an EIR.
46334 Section 2.17. Notice of Completion means a brief notice
filed with the Secretary for Resources by the District as soon
as it has completed a draft EIR and is prepared to send out
copies for review.
§15035 Section 2.18. 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 2.19. 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.
§15036 Section 2.20. Person includes any person, firm, association,
organization, partnership, business, trust, corporation, company,
district, county, city and county, city, town, the State, and
any of the agencies' political subdivisions.
§15037 Section 2.21. Project.
A. Project means the whole of an action which has a
potential for physical impact on the environment, directly or
ultimately, that is any of the following:
(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;
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(2) proposals for legislation to be enacted by the
State Legislature;
(3) continuing administrative or maintenance activi-
ties, such as purchases for supplies, personnel- related
actions, general policy and procedure making, e.g. setting
of rates (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 underlying activity and
not to the District's approval process. ____.,.,.
§15039 Section 2.22. Responsible Agency means a public agency
which proposes to undertake or approve a project, but is not
the lead agency for the project. It includes all public agencies
other than the lead agency which have approval power over the
project.
§15040 Section 2.23. Significant Effect means a substantial
thy adverse impact on the environment.
ARTICLE III - EXEMPT ACTIVITIES
§ §15037, Section 3.1. "No Project" Exemption. Activities which
15050(c) do not fall within the definition of project as set forth in
(1)(A) Section 2.21 and activities for which it can be seen with a
and certainty that there is no possibility that the activity in
15060 question may have a significant effect on the environment do
not require the preparation of a Negative Declaration or an
EIR and, thin are outside of the primary scope of these
Guidelines.
§15072 Section 3.2. Feasibility and Planning Studies. Feasi-
bility and planning studies of potential projects undertaken
by the District are specifically excepted from the requirements
of CEQA and thus, are outside the scope of these Guidelines,
although such studies may contain considerations of environ-
mental factors incident to the potential project.
Section 3.3. Emergency Projects. The following emergency
projects do not require the preparation of a Negative Declara-
tion or an EIR and, thus, are outside the primary scope of
these Guidelines:
1 :5071 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 the Government Code.
B. Emergency repairs to any of the District's facilities
necessary to maintain service.
C. Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
§ §15032 and Section 3.4. Ministerial Projects.
15073
A. Ministerial projects do not require the preparation
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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 District 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
proprietj or 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.
§15050(c) B. Ministerial projects include, but are not limited to,
(1)(B) the following:
(1) Individual utility service connections and
disconnections.
(2) Agreements to install in -tract utility facili-
ties to subdivisions, development of which has been
approved by other appropriate governmental entities.
§050(c) Section 3.5. Categorical Exemptions. Subject to the
(1)(C), qualification set forth in subsection K, the following classes
15100, of projects, in accordance with and pursuant to Article 8 of
15100.1 the State Guidelines, have been determined not to have a signi-
and ficant effect on the environment, and therefore are declared
15100.4 to be categorically exempt from the requirement of preparing
a Negative Declaration or an EIR. The categorical exemptions
listed herein are not intended to be, and are not to be con-
strued to be, a limitation on 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 dis-
cretionary, as opposed to ministerial, in nature.
§15101 A. Class I: Existing Facilities. Class I consists of
the operation, repair, maintenance or minor alteration of all
existing District facilities, structures, equipment or other
property of every kind which activity involves negligible or
no expansion of use beyond that previously existing, including
but not limited to:
(1) street improvements 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 II
consists of replacement or reconstruction of any District faci-
lities, structures or other property where the new facility or
structure will be located on the same site as the replaced or
reconstructed facility or structure and will have substantially
the same purpose and capacity as the replaced or reconstructed
facility or structure, including but not limited to:
(1) street improvements and conveyance facilities,
including pipelines, conduits and service
thw
facilities;
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(2) service connection facilities, including al]_
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.
§15103 C. Class III: New Construction of Small Structures.
Class III consists of construction of new small facilities
or structures and installation of small new equipment or faci-
lities, 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) motels, apartments and duplexes designed for not
more than four dwelling units if not in conjunc-
tion with the building of two or more such
structures;
(3) stores, offices, and restaurants if designed for
an occupant load of 20 persons or less, if not in
conjunction with the building of two or more
such structures;
(4) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools and
fences.
§15104 D. Class IV: Minor Alterations to Land. Class IV con-
sists of minor alterations in the condition of land, water,
and /or vegetation, which do not involve removal of 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 govern-
mental action) scenic area, or in officially
mapped areas of severe geologic hazard;
(4) new gardening or landscaping;
(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 temporary uses having negligible or no
permanent effects on the environment;
(8) minor trenching and backfilling where the surface
is restored.
§15106 E. Class V: Information Collection. Class V consists
of basic data collection, research, experimental management
and resource evaluation activities which do not result in a
th e 6
Assessment shall 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 theexempt activity.
Section 3.7. Notice of Exemption.
§ §15035.5, A. Preparation. Upon completion and signing of a Pre -
15074(a) liminary Environmental Assessment for a ministerial, cate-
and gorically exempt or emergency project, the District's staff
15074(b) 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
(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) B. Place of Filing. Upon completion of the Notice of
(9) and Exemption it shall be filed with the county clerk of the county
15074(d) or counties in which the project is located and in the District's
office where it shall be available for public inspection.
ARTICLE IV - LEAD AGENCY DETERMINATION
§15065 Section 4.1. Staff Determination of Lead Agency. Upon
a determination that a proposed activity is discretionary in
nature and is not otherwise exempt, consideration shall be
given by the District's staff as to whether the District or
another public agency is responsible for preparation of environ-
k we 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 nongovern-
mental person, the lead agency shall be the public
agency with the greatest responsibility for super-
vising 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
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ihr 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 F. Class VI: Actions for Protection of Natural Resources.
Class VI consists of actions taken by the District as author-
ized by state law or local ordinance to assure the maintenance,
restoration or enhancement of a natural resource where the
regulatory process involves procedures for the protection of
the environment. Construction activities are not included in
this exemption.
§15108 G. Class VII: Actions for Protection of the Environment.
Class VII consists of actions taken by the District as author-
ized by state law or local ordinance to assure the maintenance,
restoration or enhancement of the environment where the regu-
latory process involves procedures for the protection of the
environment. Construction activities are not included in this
exemption.
§15109 H. Class VIII: Inspection. Class VIII consists of
inspection activities, including but not limited to inquiries
into the performance of an operation and examinations of the
quality, health or safety of a project.
§ I. Class IX: Accessory Structures. Class IX consists of
the construction or placement of minor structures accessory to
or appurtenant to existing commercial, industrial or institutional
facilities, including small parking lots.
§15112 J. Class X: Surplus Property. Class X consists of sales
of surplus District personal or real property, except land
located in an area of statewide interest or potential area of
critical concern as identified in the Governor's Environmental
Goals and Policy Report prepared pursuant to Government Code
Sections 65041 et seq.
§15100.2 K. 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 V and Class IX do not apply
where the project may impact on an environmental resource of
hazardous or critical concern where such resource has been desig-
nated, precisely mapped and officially adopted pursuant to law
by federal, state or local agencies.
Section 3.6. Initial Review for CEQA Exemptions.
A. Preliminary Review. At the outset a proposed activity
shall be examined by the District's staff for the purpose of
determining whether it is an exempt activity described in this
Article or whether it involves another agency which constitutes
the lead agency primarily responsible for the carrying out of
the project as described in Article IV.
B. 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 subsection A 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.
C. Staff Finding of Exemption. If in the judgment of the
District's staff, a proposed activity does fall within one of
the categories enumerated in subsection A, it shall so find on
a form entitled Preliminary Environmental Assessment, a copy
of which is attached hereto as Exhibit "A ".
D. Retention of Preliminary Environmental Assessment;
Availability for Inspection. The Preliminary Environmental
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I a
klbe
furnish service to the project to the agency drafting
the EIR, and no separate EIR will be required in
regard to such activities. Under this principle
whenever any property to be served by the District
required a change in zoning, conditional use permit,
variance, subdivision or tract approval or other
land use permits or entitlements, the governmental
agency responsible therefor shall 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 an
equal 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.
§061(c)& Section 4.2. State Assisted or Approved Projects. Where
061(f) a project is to be undertaken by the District but requires state
approval or financial assistance, the state agency involved
ordinarily will require the District to prepare the environ-
mental 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 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(b) Section 4.3. 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 willundertake: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.
The District may, however, adopt all or any part of the Federal
agency environmental documents in preparing District environ-
mental documents, provided that the final environmental docu-
‘,' ments of the District comply with these Guidelines (in particu-
lar that District EIRs contain discussions of growth inducing
impacts and mitigation measures as described in paragraphs (3)and
(7) of Section 7.2C) and provided that the District satisfies
procedures required by these Guidelines, including the filing
of a notice of determination for the proposed project.
Section 4.4. 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
Article 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 2.21A (i.e. a private project)
k ihr may present his objections to the staff's determination to the
9
1
Board at its next regular or special meeting.
§ §15064, Section 4.5. Staff Finding that Another Public Agency is
.15065.5, Lead Agency. If, in the judgment of the District's staff,
15085(j) the project does involve another public agency which is the
and lead agency, it shall so find and shall designate the lead
15161(a) agency on the aforementioned Preliminary Environmental Assess-
ment.
Unless otherwise required by the Board, no further environ-
mental assessment shall be necessary.
Whenever a determination is made that another public agency
constitutes the lead agency for undertaking or approving 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 to furnish service to the
project and shall provide written comments upon environmental
documents submitted by the lead agency to the District for
review. In addition, prior to approving the project, the
Board shall consider the lead agency's EIR or Negative Declara-
tion on the project and shall certify that it has reviewed and
tlirw considered the information contained in such documents.
The Office of Planning and Research will resolve disputes
among public agencies as to which is the lead agency.
§15050(c)(2) ARTICLE V - INITIAL STUDY PROCEDURES
§15080 Section 5.1. Undertaking of Initial Study; by whom;
- submission of data; costs. Upon a determination that a project
is discretionary and is not otherwise exempt, and that the
District is the agency with primary responsibility for approval
of the project, an initial study shall be undertaken for the
purpose of ascertaining whether the proposed project may have
a significant effect on the environment, that is, a substantial
adverse effect on the environment.
§15080 A. As to projects defined in paragraph (1) of Section
2.21A, the initial study shall be undertaken by the District's
staff or by private experts pursuant to contract with the
District.
B. As to projects defined in paragraphs (2) or (3) of
Section 2.21A, the person or entity proposing to carry out the
project shall submit alldata and information as may be required
by the District to determine whether the proposed project may
have a significant effect on the environment. Such data and
information shall consider all factors enumerated in Section
5.2. 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.
Section 5.2. Evaluating Environmental Significance.
§ §15081(a) & A. In determining whether a project may have a significant
15081(b) effect on the environment, the District shall base its determin-
ation, to the extent possible, on scientific and factual data
10
the
and shall consider both primary or direct and secondary or
indirect consequences.
§15081(c) B. Some examples of consequences which may have a
significant effect on the environment are whether the project:
(1) is in conflict with environmental plans and
goals that have been adopted by the community where the
project is to be located;
(2) has a substantial and demonstrable negative
aesthetic effect;
(3) substantially affects a rare or endangered species
of animal or plant, or habitat of such a species;
(4) causes substantial interference with the movement
of any resident or migratory fish or wildlife species;
(5) breaches any published national, state, or local
standards relating to solid waste or litter control;
ihr (6) results in a substantial detrimental effect on
air or water quality, or on ambient noise levels for
adjoining areas;
(7) involves the possibility of contaminating a
public water supply system or adversely affecting ground
water;
(8) could cause substantial flooding, erosion or
siltation;
(9) could expose people or structures to major
geologic hazards;
(10) is likely to generate growth.
§15080 C. In most instances, affirmative findings as to any of
the foregoing, 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 con-
sider a particular effect to be adverse, an EIR should be
prepared.
V Section 5.3. Mandatory Findings of Significance. In every
case where any of the following conditions are found to exist
as a result of a project, the project shall be found to have
a significant effect on the environment:
A. Impacts which have the potential to degrade the quality
of the environment or curtail the range of the environment.
B. Impacts which achieve short -term, to the disadvantage
of long -term, environmental goals. A short -term impact on
the environment is one which occurs in a relatively brief,
definitive period of time while long -term impacts will endure
well into the future.
C. Impacts for a project which are individually limited,
but cumulatively considerable. A project may affect two or
thw 11
r + + +
more separate resources where the impact on each resource is
relatively small. If the effect of the total of those impacts
on the environment is significant, an EIR must be prepared.
This mandatory finding of significance does not apply to two
or more separate projects where the impact of each is insigni-
ficant.
D. The environmental effects of a project will cause
substantial adverse effects on human beings, either directly
or indirectly.
§15084 Section 5.4. Staff Determination. Upon completion of the
initial study described in Section 5.1, the District's
staff shall determine either that the proposed project will not
have a significant effect on the environment or that the pro-
posed project may have a significant effect on the environment.
Such determination shall be set forth on a form entitled Environ-
mental Impact Assessment (a copy of which is attached hereto
as Exhibit "C "). If the District's staff finds that the pro-
posed project will not have a significant effect on the environ-
ment, it shall prepare and file a Negative Declaration in
accordance with the provisions of Article VI. If, on the
other hand, the District's staff finds that the proposed project
may have a significant effect on the environment, it shall cause
the preparation and filing of an EIR in accordance with the
provisions of Article VII.
Section 5.5. Appeal. Any person aggrieved by the deter-
mination made by the District's staff pursuant to Section 5.4
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.
§15050(c)(3) ARTICLE VI - NEGATIVE DECLARATION
§15083(b) Section 6.1. Content and Form of Negative Declaration.
A. Contents. A Negative Declaration shall be a concise,
statement containing the following information:
(1) a brief description of the project;
(2) a finding that the project will not have a
significant effect on the environment;
(3) a brief statement of reasons to support the
finding that the project will not have a significant
effect upon the environment; and
(4) a statement indicating who prepared the initial
study and where a copy of it may be obtained.
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 "D ".
§ §15050Ce) Section 6.2. Prior Consultation with Responsible Agencies.
(5� Before completing the Negative Declaration, the District's staff
15066 and shall consult with all responsible agencies in order to insure
15083Ca)
12
that the Negative Declaration will reflect the concerns of
such agencies.
§15050(c) Section 6.3. Filing of Negative Declaration. Upon
(9) and completion of a Negative Declaration, the District's staff
15083(c) shall cause a copy of the Negative Declaration, the environ-
mental impact assessment and the initial study to be filed
at the District's office, and to be available for public
inspection. Notice of the preparation of the Negative Declara-
tion shall be given to the project sponsor.
§ §15050(c) Section 6.4. Comments from Agencies Having Jurisdiction
(5), by Law. Following the filing of the Negative Declaration at
15050(c) the District's office, the District's staff shall consult with
(6) and and seek to obtain comments from agencies having jurisdiction
15066 by law and should consult with persons having special expertise
with respect to any environmental impact involved.
§ §15050(c) Section 6.5. Board Approval or Disapproval of Project.
- (6), Following the filing of the Negative Declaration at the Dis-
15050(c) trict's office and the consultation with agencies having
(7), jurisdiction by law, but in no event sooner than ten days
Ibie050(c) following the date of filing, the Board may consider the project
(8) and at a regular or special meeting for purposes of approval or
15083(c) disapproval. At this time, District's staff should report on
comments received pursuant to consultation under Section 6.4,
and 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.
§ §15050(c) Section 6.6. Notice of Determination. Following approval
(9) and of the project, the District shall cause to be prepared a
15083(d) Notice of Determination on a form attached hereto as Exhibit
"E" which shall contain the following:
A. The decision of the District to approve the project;
B. The determination of the District that the project
will not have a significant effect on the environment;
and
C. A statement that no EIR has been prepared.
A copy of the Negative Declaration shall be attached to
said notice and 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 discretionary approval from a
state agency, with the Secretary for Resources.
Section 6.7. Posting Notice of Determination. Simul-
taneously with the filing of the Notice of Determination,the
District shall cause a Notice of Determination to be posted
at the District's office.
§15053(a) Section 6.8. Costs. As to projects covered by paragraphs
(2) and (3) of Section 2.21A, 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.
r 13
§15050(c)(4) ARTICLE VII - ENVIRONMENTAL IMPACT REPORT
§ §15013, Section 7.1. Environmental Impact Reports in General.
15050(c) Following the initial study as described in Article V and, in
(5), general, as early in the planning process as possible so as to
15066 and enable environmental constraints and opportunities to be
15085(b) considered in the project program and design, an EIR shall be
prepared for all discretionary projects not otherwise exempt
upon a finding by the District's staff that the project may
have a significant effect on the environment. Before comple-
tion of the draft EIR, the District's staff shall consult with
all responsible agencies in order to insure that the draft EIR
will reflect the concerns of such agencies and should assure that,
to the extent deemed appropriate by such staff, persons and
organizations believed to be concerned with the environmental
effects of the project have been consulted.
§ §15027 and Section 7.2. Content of Draft EIR. The draft EIR shall
15140 contain the information described in subsectionsA through E
below.
§15141 A. Description of Project. The description of the project
shall contain the following information but should not supply
lbw 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 must
include a description of the environment in the vicinity of
the project, as it exists before commencement of the project,
from both a local and regional perspective. Knowledge of the
regional setting is critical to the assessment of environmental
impacts. Special emphasis should be placed on environmental
resources that are rare or unique to that region. Specific
reference to related projects, both public and private, both
existent and planned, in the region, should also be included,
for purposes of examining the possible cumulative impact of
such projects.
§15143 C. Environmental Impact. All phases of a project must
be considered when evaluating its impact on the environment:
planning, acquisition, development and operation. The subjects
described in paragraphs (1) through (7) below shall be discussed,
preferably in separate sections or paragraphs. If such subjects
are not discussed separately, the EIR shall include a table
showing where each of the subjects is discussed.
(1) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project
on the environment, giving due consideration to both the
short -term and long -term effects.
14
Such description should include specifics of the
area, the resources involved, physical changes, altera-
tions to ecological systems and changes induced in
population distribution, population concentration, the
human use of the land (including commercial and resi-
dential development) and other aspects of the resource
base such as water, scenic quality and public services.
(2) Any Adverse Environmental Effects which Cannot
be Avoided if the Proposal is Implemented: Describe any
adverse impacts, including those which can be reduced to
an insignificant level but not eliminated. Where there
are impacts that cannot be alleviated without imposing
an alternative design, their implications and the reasons
why the project is being proposed, notwithstanding their
effect, should be described. Describe impacts on any
aesthetically valuable surroundings, or on human health.
(3) Mitigation Measures Proposed to Minimize the
Impact: Describe avoidable adverse impacts, including
inefficient and unnecessary consumption of energy,
and the measures proposed to minimize these impacts.
This discussion shall include an identification of the
acceptable levels to which such impacts will be reduced,
and the basis upon which such levels were identified.
Where alternative measures are available to mitigate an
impact, each should be discussed and the basis for select-
ing one alternative should be identified. Energy conserva-
tion measures as well as other appropriate mitigation
measures shall be discussed. Examples of energy conserva-
tion measures recognized by the Secretary for Resources
are set forth in Exhibit "F ".
(4) Alternatives to the Proposed Action: Describe
reasonable alternatives to the project, or to the location
of the project, which could feasibly attain the basic
objectives of the project, and why they were rejected in
favor of the ultimate choice. The specific alternative
of "no project" must also always be evaluated, along with
the impact. Describe alternatives capable of substantially
reducing or eliminating any environmentally adverse impacts,
even if these alternatives substantially impede the attain-
ment of the project objectives, and are more costly.
(5) The Relationship Between Local Short -Term Uses
of Man's Environment and the Maintenance and Enhancement
of Long -Term Productivity: Describe the cumulative and
long -term effects of the proposed project which adversely
affect the state of the environment. Special attention
should be given to impacts which narrow the range of
beneficial uses of the environment or pose long -term risks
to health or safety. In addition, the reasons why the
proposed project is believed by the sponsor to be justified
now, rather than reserving an option for further alterna-
tives, should be explained.
(6) Any 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 irre-
versible since a large commitment of such resources makes
removal or non -use thereafter unlikely. Primary impacts
and, particularly, secondary impacts (such as a highway
15
•
kble
improvement which provides access to a non - accessible
area) generally commit future generations to similar
uses. Also irreversible damage can result from environ-
mental accidents associated with the project. Irretriev-
able commitments of resources should be evaluated to
assure that such consumption is justified.
(7) The Growth - Inducing Impact of the Proposed Action:
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 popula-
tion growth (a major expansion of a waste water 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. Also discuss the character-
istic of some projects which may encourage and facilitate
other activities that could significantly affect the envir-
onment, either individually or cumulatively. It must not
be assumed that growth in any area is necessarily benefi-
cial, detrimental, or of little significance to the environ-
ment.
§15144 D. 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.
§15145 E. Water Quality Aspects. Describe in the environmental
setting section, and in other sections where applicable, water
quality aspects of the proposed project which have been
previously certified by the appropriate state or interstate
organization as being in substantial compliance with applicable
water quality standards.
Section 7.3. Preparation of Draft EIR; by Whom.
A. As to projects defined in paragraph (1) of Section
2.21A, the draft EIR shall be undertaken by the District's
staff or by private experts pursuant to contract with the
District.
§ §15061(b) B. As to projects defined in paragraphs(2) and (3) of
15085(a) Section 2.21A, the person or entity proposing to carry out
the project shall submit a draft EIR, containing the information
tilhe required by Section 7.2 above, for review and consideration by
the District's staff. The District's staff shall analyze the
draft EIR submitted pursuant to this subsection to verify its
accuracy and objectivity prior to presenting it to the Board.
The District's staff may require additional information and
data, including a statement specifying other public agencies
believed to be agencies having jurisdiction by law over the
project.
§ §15050(c) Section 7.4. Completion of Draft EIR; Notice. Upon
(9), completion, the draft EIR shall be presented to the Board for
15085(a) review at a regular or special meeting. If the Board finds that
and the draft EIR is in order and that it reflects the independent
15085(c) judgment of the District, the Board shall authorize the Dis-
trict's staff to file a Notice of Completion with the 411., 16
for Resources on a form attached hereto as Exhibit "G" or a
cover form required by the State Clearinghouse with the State
Clearinghouse. The State Clearinghouse filing shall be made
where the draft EIR will be reviewed through the state review
process. In all other cases, a Notice of Completion shall be
filed. Filing shall be deemed complete when the appropriate
Notice has been deposited in the United States mail addressed
appropriately or when delivered in person to the appropriate
office.
Simultaneously with the filing of a Notice of Completion
or State Clearinghouse cover form, the District shall cause a
copy of said Notice or form to be filed at the District's office
and be available for public inspection.
§ §15050(c) Section 7.5. Review of Draft EIR by Other Public Agencies
(5), and Persons with Special Expertise.
15050(c)
(6), A. General.
15066, &
15161(a) (1) After filing a Notice of Completion or a State
Clearinghouse cover form, whichever is appropriate, the
District's staff shall consult with and obtain comments
16 from public agencies having jurisdiction by law with
respect to the proposed project. The identity of those
public agencies having jurisdiction by law over the
project shall be determined on a case -by -case basis.
In the event that review and comment by a state agency
is sought, the draft EIR shall be submitted through the
State Clearinghouse.
(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) (3) Copies of the draft EIR should also be furnished
(2) and to appropriate public libraries.
15163(b)
§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.
§ §15160(a), B. Time for Review. At the time the Board authorizes the
15160(b) filing of the Notice of Completion it shall establish a time
and period so as to permit adequate review of and comment on the
15160(c) 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;
however, in no event shall the review period be less than
thirty (30) days after the date of mailing or of delivery in
person, or, where review by a state agency through the State
Clearinghouse is requested, less than the period provided in the
state review system operated by the State Clearinghouse.
kihr 17
§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 7.6. 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 7.4,
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) Section 7.7. Public Hearings.
(4) and
15165 A. General. From time to time, depending upon the nature
and location of a proposed project, the Board, in its discre-
tion, 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 days there-
after. The draft EIR shall be used as the basis for discussion
during any public hearing that may be held.
B. Notice. Notice of the time and place of the public
hearing shall be published once in a newspaper of general cir-
culation which is printed, published and circulated within the
District. If there is no such newspaper, it may be published
in a newspaper of general circulation within the District and
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 done 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 Regular Meeting. A public
hearing may be scheduled to be conducted during the course of
a regular meeting of the Board.
D. Procedures for Conducting Public Hearings. 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 7.8. Final EIR.
§15085(f) A. Preparation. Following the receipt of comments on the
draft EIR by other public agencies and persons with special
expertise pursuant to Section 7.5, and if a public
khy 18
L
hearing has been held pursuant to Section 7.7, following
such hearing, comments that have been received shall be evalu-
ated and then a final EIR shall be prepared by District's staff.
§ §15027, B. Contents. The final EIR shall consist of the draft
15050(c), EIR or a revised draft EIR, a section containing a statement
(7), of the comments received through the review and consultation
15085(e), process set forth in Sections 7.5 and 7.7, either verbatim
15086, or in summary, a list of persons and public agencies commenting
15146(a) on the draft EIR, and a section containing the responses of
and the District to the significant environmental points that are
15146(b) raised in the review and consultation process.
The response of the lead agency to comments received
may take the form of a revision of the draft EIR or may be an
attachment to the draft EIR. The response shall describe the
disposition of significant environmental issues raised (e.g.
revisions to the proposed project to mitigate anticipated
impacts or objections). In particular the major issues raised
when the District's position is at variance with recommendations
and objections raised in the comments must be addressed in
ihor detail giving reasons why specific comments and suggestions
were not accepted, and factors of overriding importance warrant-
ing an override of the suggestions.
§15086 Where a project report is prepared in the review or budget-
ary process pertaining to a proposed project and an EIR has
been prepared for such project, the final EIR shall be included
as a part of the project report.
§ §15050(c) Section 7.9. Certification of Final EIR by Board; Board
(9) and Approval or Disapproval of Project. Following preparation of
15085(g) the final EIR, it shall be presented to the Board for review.
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 in compliance with the California Environmental
Quality Act of 1970 and the State Guidelines and that the Board
has reviewed and considered the information contained in the
EIR. Thereupon 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.
§15085(b) Section 7.10. 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
"E" which shall contain the following:
A. The decision of the District to approve the project;
B. The determination of the Board as to whether the
project will or will not have a significant effect on the
environment; and
C. A statement that an EIR has been prepared.
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 discretionary approval from a state
agency, with the Secretary of Resources.
§15088 Section 7.11. Statement of Overriding Considerations.
If the Board approves a project for which serious adverse
19
environmental consequences have be 'dcen '. i r.led in the EIR,
the Board may direct that there be aT r, , . ch,. _i to ,the Notice of
Determination a statement identifying the overriding interests
which warrant project approval.
§15053(a) Section 7.12. Costs. As to projects covered by par,a.-
graphs (2) and (3) of Section ;'.21A, the pei on or entity
proposing to carry out the project requiring by the
District shall bear all costs incurred by the District in
preparing and filing the EIR, as well as all publication
costs incident thereto.
§15166 Section 7.13. 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.
ARTICLE VIII - EIRS AND PROJECT SCOPE
§15067 Section 8.1. Subsequent EIRs. Where an EIR has been
prepared for a project no additional EIR need be prepared unless:
A. Substantial changes are proposed in the project which
will require major revisions of the EIR, due to the involvement
of new environmental impacts not considered in the previous
EIR.
B. There are substantial changes with respect to the
circumstances under which the project is to be undertaken,
such as a change in the proposed location of the project,
which will require major revisions in the EIR due to the
involvement of new environmental impacts not covered in the
previous EIR.
§15068 Section 8.2. Use of a Single EIR.
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.
§069 Section 8.3. Multiple and Phased Projects.
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.
B. 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 pre-
pared for all projects, or one for each project, but should in
either case comment upon the combined effect.
20
ARTICLE IX - MISCELLANEOUS
Section 9.1. Partial Invalidity. In the event 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 9.2. 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 9.3. Effective Date. These Guidelines, except
15070(c) Section 7.2C(3) shall be effective on April 1, 1975. Section
7.2C(3) shall be effective on January 7, 1975, provided,
however, that any draft EIR which was completed and sent out
for public review on or before January 6, 1975, in compliance
with District guidelines theretofore in effect shall be deemed
in compliance with these Guidelines.
lbw 1
21
•
EXHIBIT "A"
thilw
DISTRICT
PRELIMINARY ENVIRONMENTAL ASSESSMENT
Name of Project:
Location:
Entity or Person Undertaking Project: (Check appropriate box)
L__ 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
thy guidelines entitled "Local Guidelines Implementing the California
Environmental Quality Act of 1970, as Amended ", 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 3.1 and Section 2.21.
( ) 2. The project constitutes a feasibility or planning study
under Section 3.2.
( ) 3. The project is an Emergency Project under Section 3.3.
( ) 4. The project is a Ministerial Project under Section 3.4.
( ) 5. The project is Categorically Exempt under Section 3.5.
Applicable Exemption Class
( ) 6. The project involves another public agency which consti-
tutes the lead agency.
Name of Lead Agency
Date:
Authorized Person
EXHIBIT "B"
NOTICE OF EXEMPTION
TO: I Secretary for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, California 9581 -I
,7 County Clerk
County of
Project Title
Project Location - 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 Project
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071 (a))
Emergency Project (Sec. 15071 (b) and (c))
Categorical Exemption. State type and section number:
Reasons why project is exempt:
Contact Person Area Code Telephone Extension
If filed by applicant:
the 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
Date Received for Filing
Title
thaw EXHIBIT "C"
DISTRICT
ENVIRONMENTAL IMPACT ASSESSMENT
Name of Project:
Location:
Entity or Person Undertaking Project: (Check appropriate box)
U District
d Other: Name
Address
Staff Determination
The District'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 of 1970, as Amended ",
for the purpose of ascertaining whether the proposed project might
have a significant effect on the environment, has reached the
following conclusion:
( ) 1. The project will not have a significant effect on the
environment; therefore, a negative declaration should
be prepared.
( ) 2. The project may have a significant effect on the
environment; therefore, an EIR will be required.
Date:
Authorized Person
lbe
EXHIBIT "D"
NEGATIVE DECLARATION
Name of Project:
Location:
Entity or Person Undertaking Project: (Check appropriate box)
f District
1 i Other: Name
Address
Project Description:
Finding: It is hereby found that the above named project will not
lbw have a significant effect upon the environment.
Reasons: The following reasons support the above finding:
(a)
(b)
(c)
(d)
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 by:
Place Where Copy of Initial Study May Be Obtained:
Date:
Authorized Person
•
EXHIBIT "E"
•
•
NOTICE OF DETERMINATION
TO: Q Secretary for Resources FROM: (Lead Agency)
1416 Ninth Street, Room 1311
Sacramento, California 95814
Q County Clerk
County of
SUBJECT: Filing of Notice of Determination in compliance with
Section 21108 or 21152 of the Public Resources Code
Project Title
State Clearinghouse Number (If submitted to State Clearinghouse)
Contact Person 1 Telephone Number
Project Location
Project Description
This is to advise that the
(Lead Agency)
has made the following determinations regarding the above described
project:
1. The project has been Q approved by the Lead Agency.
L= disapproved
2. The project /7 will have a significant effect on the environ-
ment.
d will not
3. An Environmental Impact Report was prepared for this
project pursuant to the provisions of CEQA.
A Negative Declaration was prepared for this project
pursuant to the provisions of CEQA. A copy of the
Negative Declaration is attached.
Date Received for Filing signature
Title
kire Date
•
EXHIBIT "F"
. 1
(Prepared by Secretary For Resources)
Energy Conservation
The California Environmental Quality Act was amended, effective January 7,
1975, to require that the discussion of mitigation measures in an EIR
include a discussion of measures to reduce the inefficient and unnecessary
consumption of energy. The following discussion is offered as assistance
in meeting this requirement.
Energy conservation is the wise use of energy resources. The wisdom of a
certain kind of energy use will vary according to the circumstances. In
late 1974, a leading consideration in energy use is the reduction in
dependence upon high priced imported petroleum. Other considerations are
the reduction in pollution from energy use and finding ways to make resources
in short supply last longer and be used for the most essential purposes.
Energy conservation measures, including both the available alternatives and
those incorporated into the design and operation of a proposed project
need to be discussed in EIR's. There are many ways in which a project may
be designed or operated to make more efficient and wise use of energy.
The following list of conservation measures provides examples that may be
used in EIR's where relevant. The list is not exhaustive, and it is not
necessary to discuss each example in every EIR.
'(1) Insulation and other protection from heat loss or heat gain to
conserve fuel used to heat or cool buildings and mobile homes.
(2) Use of resource conserving forms of energy such as solar energy for
water and space heating, wind for operating pumps, falling water
for generating electricity, and heat pumps.
(3) Energy efficient building design including such features as
orientation of structures to summer and winter sunlight to absorb
winter solar heat and reflect or avoid summer solar heat.
(4) Measures to reduce energy consumption in transportation such as:
(a) Providing access to alternative means of transportation for
people such as bus lines, mass transit, bicycle lanes, pede-
strian facilities, and car pooling.
(b) Use of small cars rather than large cars where possible.
(c) Use of alternative means of shipping which allow for energy
savings.
(5) Efficient lighting practices including use of indirect natural light,
use of efficient lighting fixtures and /or sources, establishment of
reasonable lighting criteria to prevent over illumination, and
minimum use of architectural or display lighting.
(6) Energy conserving construction practices.
(7) Use of energy conservation devices such as flywheels.
(8) Rate structures which discourage unnecessary energy consumption.
(9) Use of human or animal power where such use is feasible.
(10) Waste heat recovery.
(11) Recycling and use of recycled materials.
I ,
♦ . •.' ` ♦
• 4 • ,
EXHIBIT "G"
TO: State of California DATE:
The Resources Agency
. Secretary for Resources
1416 Ninth Street, Room 1311 •
Sacramento, California 95814
NOTICE OF COMPLETION
project Title
4 LoarrEF
Projec •ca on - y Pro ec •ca on - oun y
Description off` Nature, Purpose, and eneficiaries of
•
•
a3 Agency Division
Address Where opy o R s va a e
•
Review Period
Contact TriFFEE Area Code Phone ExtentI T
•
x.
NORMAN B. LIVERMORE, JR. RONALD REAGAN OFFICE OF THE SECRETARY
SECRETARY GOVERNOR OF RESOURCES BUILDING
CALIFORNIA 1416 NINTH STREET
R e CE f EC�' 1
Department of Conservation W.� ;
ea Ti �' �.•[] 1, , Res. inces Flm.d
Department of Fish and Game , ' o� ` 6 C,lo ra do hiv f;o nd
Oeporrm •nr of Nov,q orlon and ..�� �'���/ 1974 Son Fron scu (1 a (onsery orlon and
Ocean De•lopp•nt , Development Commsson
0•parsm•nt of Parks and Recreation ° _c,roeN`' Sold Waste Managemem Fi oard
Department of Water Resources - ante Lands Cam m. ss, wi
N °re Reclomnr, °n Ito a,d
State Ware, Resources C °nrrul Hood
THE RESOURCES AGENCY OF CALIFORNIA
SACRAMENTO, CALIFORNIA
December 17, 1973
TO WHOM IT MAY CONCERN:
Attached for your information is a copy of the amended Guidelines
dealing with environmental impact reports. The Amendments were filed
with the Secretary of State on December 17, 1973, and went into effect
immediately. The attached copy is complete, containing both the
amended and the unchanged sections.
The most significant changes in the amendments are as follows:
1. Negative declarations shall state the reasons for a conclusion.
2. Public agencies may use a draft EIR from a developer only after
giving the draft an independent evaluation.
3. An EIR on a local general plan may be of a general nature and may
be combined with the general plan document.
kbv 4. The Resources Agency will produce an EIR Monitor.
5. The terms "Lead Agency" and "Responsible Agency" are revised.
6. Public Agencies are given until February 15, 1974, to bring their
procedures into conformity with the amended Guidelines.
In the hearings on the Amendments, we were urged to go back to the
drawing boards on the following five main issues:
1. The definition of significant effect.
2. The scope and record required for categorical exemptions.
3. Whether there is an overriding duty to prevent environmental damage.
4. Whether further provisions for public participation should be
required.
5. Whether a developer may prepare hic, own draft EIR.
Instead of delaying the Amendments, we decided to adopt the Amendments
now and to do additional work on the five remaining issues. As we
proceed, we will consult with groups representing; a broad range of
interests and will welcome letters from the public. Additional hearings
will be scheduled when we have formal proposals to discuss.
Additional copies of these Guidelines may be obtained at a cost of
$1 per copy plus tax from the California Department of General Ser-
vices, Documents Section, P.O. Box 20191, Sacramento, California 95820.
Respectfully,
4 4 -r -1 -24-4-*-e - L.k
Secretary for Resoui'ces
Attachments
SIGNIFICANT POINTS IN AMENDMENTS
1. Negative declarations shall state reasons for conclusion.
Sec. 15083(b)
2. Regulatory programs that protect the environment shall be categori-
cally exempt only if they include procedures for environmental
protection. Sec. 15107 & 15108
3. Public agencies may use a draft EIR from a developer only after
giving the draft an independent evaluation. Sec. 15061(b)
4. The duty to prevent environmental damage should be balanced with
other public objectives. Sec. 15012
5. Provisions should be made to allow greater public involvement.
Sec. 1 5 08 3(b), 15160(c)
6. An EIR on a local general plan may be of a general nature and may
be combined with the general plan document. Sec. 15147(b) & (c)
7. The Resources Agency will produce an EIR Monitor on a subscription
basis. Sec. 15180
8. The terms "Lead Agency" and "Responsible Agency" are revised and
clarified. Many sections.
9. A new section is added to identify mandatory, advisory, and
permissive elements in the Guidelines. Sec. 15015
10. The definition of "emergency" is expanded to increase the
exemption for emergency projects. Sec. 15025
11. More information is given on resolution of lead agency disputes
by the Office of Planning and Research. Sec. 15065.5
12. Public agencies shall "certify" rather than "adopt" an EIR.
Sec. 15085(f)
13. A Statement of Overriding Considerations may be used where a
project is approved despite adverse information in an EIR. Sec. 15088.
14. Minor alterations of land will not be categorically exempt wnere
they involve removal of mature, scenic trees. Sec. 15104
15. Public agencies may add but not delete examples under categorical
exemptions. Sec. 15116
16. The degree of specificity in an EIR should correspond to the degree
of specificity in the project. Sec. 15147
16 The review period for EIR's sent to the State should be the same as
the state review period. Sec. 15161(e)
{
- r
Significants Points in Amendments
Page 2
IMO
18. Public agencies should normally provide a review period of not less
than 30 days for draft EIR's. Sec. 15160(c)
19. The Notice of Completion form is revised to facilitate preparation
of the California EIR Monitor. Appendix C
20. A Notice of Intent form is added as Appendix D for use in sending
EIR's to the State Clearinghouse.
21. Public Agencies have until February 15, 1974, to bring their
procedures into conformity with the amended Guidelines. Sec. 15014(b)
IWO
L r
O hly
GUIDELINES FOR IMPLEMENTATION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
AS AMENDED
DECEMBER 17, 1973
Regulations in California Administrative Code
Title 14, Division 6
STATE OF CALIFORNIA
OFFICE OF THE SECRETARY FOR RESOURCES
1416 NINTH STREET, SUITE 1311
SACRAMENTO 95814
Olime
L
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
1 General 1
2 Purpose 1
3 Policy 1
4 Definitions 4
5 General Responsibilities 8
6 Application of the Act to Projects 9
7 Evaluating Projects 16
8 Categorical Exemptions 22
9 Contents of EIR's 27
10 Evaluation of EIR's 3 1
11 EIR Monitor 34
APPENDICES
A Environmental Impact Report Process A -1
Flow Chart
B Statutory Authority of State Departments B -1
C Notice of Completion Form C -1
D Notice of Intent Form D-1
CHAPTER 3. GUIDELINES FOR IMPLEMENTATION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
ARTICLE 1. General
15000. Authority. The regulations contained herein are prescribed
by the Secretary for Resources pursuant to authority granted
in Public Resources Code Section 21083 to be followed by
all state agencies, boards, and commissions, all counties,
cities and counties, cities including charter cities,
regional agencies, public districts, redevelopment agencies,
and all other political subdivisions of the State in the
implementation of the Environmental Quality Act of 1970
dealing with environmental quality, the evaluation of proj-
ects, and the preparation and evaluation of environmental
impact reports. These Guidelines have been developed by
the Office of Planning and Research for adoption by the
Secretary for Resources in accordance with Section 21083.
Additional information may be obtained by writing:
Secretary for Resources
Room 1311, 1416 Ninth Street
Sacramento, CA 95814
ARTICLE 2. Purpose
100. Purpose. The purpose :f these Guidelines is to provide
public agencies with principles, objectives, criteria, and
definitions of statewide application to be used in the
implementation of the California Environmental Quality Act
of 1970, Public Resources Code Sections 21000- 21174 as
amended by Chapter 1154 of the Statutes of 1972 (AB 889) .
Public agencies shall adept objectives, criteria, and
procedures for the orderly evaluation of projects and the
preparation of environmental documents. Such procedures,
objectives, and criteria shall be consistent with CEQA and
t,hecr' guidelines.
ARTICLE 3. Policy
15010. Legislative Declaration. The Legislature has declared
that:
(a) Every citizen has a responsibility to contribute
to the preservation and enhancement of the
environment.
(b) It is the intent of the Legislature that all
agencies of the state government which regulate
activities of private individuals, corporations,
and public agencies which are found to affect the
quality of the environment, shall regulate such
activities so that major consideration is given
to preventing environmental damage.
• 2
15011. State Policy. The Legislature has declared that it is
the policy of the state to:
(a) Develop and maintain a high - quality environment
now and in the future, and take all action
necessary to protect, rehabilitate, and enhance
the environmental quality of the state.
(b) Take all action necessary to provide the people
of this state with clean air and water, enjoy-
ment of aesthetic, natural, scenic, and historic
environmental qualities, and freedom from excessive
noise.
(c) Prevent the elimination of fish or wildlife species
due to man's activities, insure that fish and wild-
life populations do not drop below self - perpetuating
levels, and preserve for future generations repre-
sentations of all plant and animal communities and
examples of the major periods of California history.
(d) Ensure that the long -term protection of the
environment shall be the guiding criterion
in public decisions.
(e) Create and maintain conditions under which man
and nature can exist in productive harmony to
fulfill the social and economic requirements of
present and future generations.
(f) Require governmental agencies at all levels to
develop standards and procedures necessary to
protect environmental quality.
(g) Require governmental agencies at all levels to
consider qualitative factors as well as economic
and technical factors and long -term benefits
and costs, in addition to short -term benefits
and costs and to consider alternatives to pro-
posed actions affecting the environment.
15012. Informational Document. An Environmental Impact Report is
an informational document which, when fully prepared in
accordance with CEQA and these Guidelines, will inform
public decision - makers and the general public of the envi-
ronmental effects of projects they propose to carry out or
approve. The EIR process is intended to enable public
agencies to evaluate a project to determine whether it may
have a significant effect on the environment, to examine
and institute methods of reducing adverse impacts, and to
consider alternatives to the project as proposed. These
things must be done prior to approval or disapproval of the
project. An EIR may not be used as an instrument to ratio-
nalize approval of a project, nor do indications of adverse
impact, as enunciated in an EIR, require that a project be
3
disapproved. While CEQA requires that major consideration
be given to preventing environmental damage, it is
recognized that public agencies have obligations to balance
other public objectives, including economic and social
factors in determining whether and how a project should be
approved. Economic information may be included in an EIR
or may be presented in whatever form the agency desires.
15013. Early Preparation. An EIR is a useful planning tool
to enable environmental constraints and opportunities
to be considered before project plans are finalized.
EIR's should be prepared as early in the planning process
as possible to enable environmental considerations to
influence project program or design.
15014. Application. (a) These Guidelines have only general appli-
cation to the diversity of projects undertaken or approved
by public agencies. They provide basic principles, objec-
tives, criteria and definitions which individual public
agencies shall adapt for internal use, interpreting these
Guidelines in terms of specific projects. To implement
these principles, objectives, criteria, and definitions,
public agencies shall specify procedures to be followed
which must be consistent with CEQA and these Guidelines.
(b) Until February 15, 197 any objectives, criteria,
and procedures adopted by public agencies in compliance
with CEQA and these Guidelines may continue to govern
the evaluation of projects and the preparation of
environmental impact reports without being brought into
conformity with the amendments to these Guidelines
adopted by the Secretary for Resources in December, 1973.
Public agencies may bring their objectives, criteria,
and procedures into conformity with the amended guide-
lines before February 15, 1974.
15015. Terminology. The following words are used to indicate
whether a particular subject in the Guidelines is mandatory,
advisory, or permissive:
(a) "Must" or "shall" identifies a mandatory element which
all public agencies are required to follow.
(b) "Should" identifies guidance provided by the Secretary
for Resources based on policy considerations contained in
CEQA, in the legislative history of the statute, or in
federal court decisions which California courts can be
th expected to follow. Public agencies are advised to fol-
low this guidance in the absence of compelling,
countervailing considerations.
(c) "May" identifies a permissive element which is left fully
to the discretion of the public agencies involved.
1i
ARTICLE 4. Definitions
15020. General. Whenever the following words are used in these
Guidelines, unless otherwise defined, they shall have the IMO
meaning ascribed to them in this article. These definitions are
intended to clarify but not to replace or negate the definitions
used in CEQA.
15020.5 Applicant. Applicant means a person who proposes to carry out
a project which needs a lease, permit, license, certificate, or
other entitlement to use or financial assistance from one or
more public agencies when that person applies for the govern-
mental approval or assistance.
15021. Approval means the decision by a public agency which commits the
agencyo a definite course of action in regard to a project
intended to be carried out by any person. The exact date of
approval of any project is a matter determined by each public
agency according to its rules, regulations, and ordinances.
Legislative action in regard to a project often constitutes
approval.
In connection with private activities, approval occurs upon
the earliest commitment to issue or the issuance by the public
agency of a discretionary contract, grant, subsidy, loan, or
other form of financial assistance, lease, permit, license,
certificate, or other entitlement for use of the project.
15022. CEQA.- California Environmental Quality Act. California
Environmental Quality Act (CEQA) means California Public
Resources Code Sections 21000 through 21174.
15023. Categorical Exemption. Categorical Exemption means an exception
T7 the requirements of CEQA for a class of pr_,)jects based on
a finding by the Secretary for Reso(xces that the class of
projects does not have a significant effect on the environment.
15024. Discretionary Project. Discretionary project means an activity
defined as a project which requires the exercise of judgment,
deliberation, or decision on the part of the public agency or
body in the process of approving or disapproving a particular
activity, as distinguished from situations where the pub]ic
agency or body merely has to determine whether there has been
conformity with applicable statutes, ordinances, or regulations.
15025. Emergency. Emergency means a sudden, unexpected occurrence
demanding immediate action to prevent or mitigate loss or
damage to life, health, property, or essential public services.
15026. Environment. Environment means the physical conditions which
exist within the area which will be affected by a proposed
project including land, air, eater, minerals, flora, fauna,
ambient noise, objects of historic or aesthetic significance.
IWO
•
5
i kow 15026.5. Environmental Documents. Environmental documents means Draft
and Final EIR's, Initial Studies, Negative Declarations,
Notices of Completion, and Notices of Determination.
•
15027. EIR - Environmental Im act Re ort. Environmental Impact
?Wort ement setting forth
the environmental effects and considerations pertain-
ing to a project as specified in Section 21100 of the
California Environmental Quality Act.
(a) Draft EIR means an EIR containing the information
specified in Sections 15141, 15142, and 15143 of
these Guidelines.
(b) Final EIR means an EIR containing he information
specified in Sections 15141, 15142, 1514 and
15144 of these Guidelines, a section for comments
received in the consultation process, and the response
of the Lead Agency to the comments received. The
final EIR is discussed is detail in Section 151+6.
15028. EIS - Environmental Imppact Statement. Environmental Impact
Statement (r;15) means An environmental impact report
prepared pursuant to the National Environmental Policy
Act (NEPA). The Federal Government uses the term EIS
in the place of the term EIR which is used in CEQA.
15029. Feasible. Feasible means capable of being accomplished
in a successful manner by reasonably available, economic,
and workable means.
15029.5. Initial Study. Initial study means a preliminary analysis
prepared by the lead agency pursuant to Section 15080 to
determine whether an EIR or a Negative Declaration must
be prepared.
15030. Lead Agency. Lead Agency means the public agency which has
the principal responsibility for preparing environmental
documents and for carrying out or approving a project which
may have a significant effect on the environment.
15031. local Agency. Local agency means any public agency other
Than a state agency, board or commission. Local agency
includes but is not limited to cities, counties, charter
cities and counties, d1 Lricts, school districts, special
district, redevelopment agencies and any board, commission,
or organizational :ubd:ivision of a local agency when so
uesignated by order or resolution of the governing
legislative body of the local agency.
.
15032. Ministerial Projects. Ministerial projects as a general
rule, include those activities defined as projects which
are undertaken or approved by a governmental decision
which a public officer or public agency makes upon a
given state of facts in a prescribed manner in
obedience to the mandate of legal authority. With
these projects, the officer or agency must act upon
the given facts without regard to his own judgment
or opinion concerning the propriety or wisdom of the
act although the statute, ordinance, or regulation
may require, in some degree, a construction of its
language by the officer.
15033. Negative Declaration. Negative declaration means a
statement by the lead agency briefly presenting the
reasons that the project, although not otherwise exempt,
would not have a significant effect on the environment
and therefore does not require an EIR.
15034. Notice of Completion. Notice of Completion means a
brief report filed with the Secretary for Resources
as soon as a lead agency has completed a draft EIR and
is prepared to send out copies for review. The
contents of this notice are explained in Section 15085 (c).
IWO
15035. Notice of Determination. Notice of Determination means
a brief notice to be filed by a public agency when it
approves or determines to carry out a project which is
subject to the requirements of CEQA. The contents of
this report are explained in Section 15085(g).
15036. Person. Person includes any person, firm, association,
or ganization, partnership, business, trust, corporation,
company, district, county, city and county, city, town,
the State, and any of the agencies' political subdivi-
sions of such entities.
15037. Project.
(a) Project means the whole of an action, resulting in
physical impact on the environment, directly or
ultimately, that is any of the following:
(1) an activity directly undertaken by any public
agency including but not limited to public
works construction and related activities,
clearing or grading of land, improvements to
IWO
existing public structures, enactment and
amendment of zoning ordinances, and the
adoption of local General Plans or elements
thereof pursuant to Government Code
Sections 65100 - 65700.
7
lihre
(2) an activity undertaken by a person which
is supported in whole or in part through
public agency contracts, grants, subsidies,
loans, or other forms of assistance from
one or more public agencies.
(3) an activity involving the issuance to a
person of a lease, permit, license,
certificate, or other entitlement for
use by one or more public agencies.
(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,
emergency repairs to public service
taw facilities, general policy and procedure
making (except as they are applied to
specific instances covered above),
feasibility or planning studies.
(4) The submittal of proposals to a vote of the
people of the State or of a particular
community.
(c) The term "project" refers to the underlying activity
and not to the governmental approval process.
15038. Public Agency. Public agency includes any state agency,
board or commission and any local or regional agency,
as defined in these Guidelines. It does not include
the c urts of the State. This tom does not include
agencies of the reaerai. government.
15039. Responsible Agency. Responsible agency means a public
agency which proposes to undertake or approve a project,
but is not the lead agency for the project. It includes
all public agencies other than the lead agency which
have approval power over the project.
15040. Significant Effect, Significant effect means a substan-
tial adverse impact on the environment.
8
ARTICLE 5. General Responsibilities
15050. Public Agencies. All public agencies are responsible for
complying with the CEQA, according to these Guidelines.
They must develop their own procedures consistent with
these Guidelines. Where a public agency is a lead agency
and prepares an EIR itself or contracts for the preparation,
that public agency Is responsible entirely for the
adequacy and objectivity of the EIR.
15051. Office of Planning and Research (OPR). OPR is respon-
sible for the preparation and development of principles,
objectives, criteria and definitions to implement the
CEQA, prior to adoption by the Secretary for
Resources, OPR also, as part of guideline devel-
opment, shall consider proposals for Categorical Exemp-
tion and makes appropriate recommendations to the
Secretary for Resources. OPR shall be respon-
sible for resolving disputes over Lead Agency designation.
15052. The Secretary of the Resources Agency. The guidelines
shall be officially adopted by the Secretary of the
Resources Agency, including a finding that each class of
projects given a Categorical Exemption will not have a
significant effect on the environment. He also has the
responsibility for consolidating all state comments on
federally sponsored projects. The Secretary of the
Resources Agency may issue supplements to these Guide-
lines, containing amendments and /or additions.
15053. Fees.
(a) All lead agencies preparing EIR's or Negative
Declarations for projects to be carried out by
any person other than the lead agency itself may
charge and collect a reasonable fee from such
person or entity, in order to recover the
estimated costs incurred in preparing the EIR or
Negative Declaration.
(b) Public agencies may charge and collect a fee from
members of the public for the actual cost of
reproducing a copy of an environmental document
requested by the member of the public.
15054. Timely Compliance. Public agencies should carry out
their responsibilities for preparing and reviewing EIR's
within a reasonable period of time. The requirement
for the preparation of an EIR should not cause undue
delays in the processing of applications for permits or
other entitlements to use.
5
the ARTICLE 6. Application of the Act to Projects
15060. General Rule. The requirements set forth in these Guide-
lines apply to projects which may have a significant
effect on the environment and which Involve discretionary
governmental action. Where it can be seen with certainty
that the activity in question will not have a significant
effect on the environment, the activity is not covered by
the requirements set forth in CEQA, and these Guidelines
concerning the evaluation of projects and the preparation
and review of environmental impact reports do not apply.
15061. Projects Controlled by State or Local Agencies.
(a) When a public agency plans to carry out or approve a
project which may have a significant effect on the
environment, the lead agency shall prepare envi-
ronmental documents through its own efforts or
by contract unless the project is otherwise
exempted by these Guidelines.
(b) Where a project which may have a significant effect
on the environment is to be carried out by a non-
governmental person subject to approval, financial
,,; support, or some other involvement by a public agency,
the lead agency will prepare environmental documents
by its own efforts or by contract. However, the agency
may require the person to supply data and information,
both to determine whether the project may have a sig-
nificant effect on the environment, and to assist in
the preparation of an EIR by the agency. This
information may be submitted in the form of a draft
EIR, if the agency desires. If information is provided
in the form of a draft EIR, the lead agency may not
use the draft EIR as its own without independent
evaluation and analysis. The draft EIR which is sent
out for public review must reflect the independent
judgement of the lead agency. The lead agency should
require an applicant to specify to the best of his
knowledge which other public agencies will have
approval authority over the project.
(c) Where the project is to be undertaken by a local
agency, as defined in these Guidelines, but requires
state approval or financial assistance, the state
agency shall require the local agency to prepare the
EIR or Negative Declaration, to be submitted with
the request for approval of the proposed project.
kow This must also be done where federal funds are
involved, but only if a state agency has discretion-
ary authority over the use of those funds. If the
local project has been mandated on the local agency
10
by a state agency, the EIR prepared by the local
agency may be limited to consideration of those
factors and alternatives which do not conflict with
the order.
(d) The EIR may be prepared as a separate document, or
as part of a project report. If prepared as a part
of the project report, it must still contain in one
separate and distinguishable section the elements
required of an EIR, including the seven elements
specified in Section 15143 of these Guidelines.
(e) All public and private activities or undertakings
pursuant to or in furtherance of a redevelopment
plan constitute a single project, which shall be
deemed approved at the time of adoption of the
redevelopment plan by the legislative body. The
EIR in connection with the redevelopment plan shall
be submitted in accordance with Section 33352 of the
Health and Safety Code.
(f) All of the above is subject to the lead agency
principle which provides that not more than one EIR
shall be prepared in connection with the same
underlying activity and that the EIR shall be pre-
pared by the Lead Agency.
Section 15062 is repealed.
15063. Federal Projects.
(a) In regard to any proposed federal project in this
state which may have a significant effect on the
environment and on which the state officially
comments, the state officials responsible for such
comments shall include in their comments an EIR
setting forth the matters specified in Section 15143
of these Guidelines.
(b) In cases where these Guidelines require the prepara-
tion of an EIR by a lead agency and an EIS has been
or will be prepared for the same project pursuant to
the requirements of the National Environmental Policy
Act of 1969 and implementing regulations thereto, all
or any part of such statement may be submitted in lieu
of all or any part of an EIR required by these
Guidelines, provided that the EIS or the part thereof
so used, shall comply with the requirements of these
Guidelines. In most cases where the federal EIS is
used, discussion of mitigation measures and growth
inducing impact will have to be added because these
elements are required by CEQA but not by the National
Environmental Policy Act.
11
15064. Lead Agency Principle. Where a project is to be carried
out or approved by more than one public agency only one
public agency shall be responsible for preparation of
environmental documents and it will be the Lead Agency.
Such environmental documents will be prepared by the Lead
Agency in consultation with all other responsible agencies.
The Lead Agency's environmental documents shall be the
environmental documentation for all responsible agencies.
Such responsible agencies shall consider the Lead Agency's
EIR or negative declaration prior to acting upon or
approving the projects, and they shall certify that their
decision - making bodies have reviewed and considered the
information contained in them.
15065. Lead Agency Criteria.
(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 agency with the
greatest responsibility for supervising or
approving the project as a whole. The Lead
Agency will generally be the agency with
general governmental powers rather than an
agency with a single or limited purpose
which is involved by reason of the need to
provide a public service or public utility
to the project; in such cases, the single
or limited purpose agency will, upon request,
provide data concerning all aspects of its
activities required to furnish service to
the project to the agency drafting the EIR,
and no separate EIR will be required in
regard to such activities.
(c) Where more than one public agency equally
meet the criteria set forth in paragraph b
above, the agency which is to act first on
the project in question shall be the Lead
Agency (following the principle that the
environmental impact should be assessed as
early as possible in governmental planning).
(d) Where the provisions of subsections (a), (b), and
(c) leave two or more public agencies with an equal
claim to be the lead agency, the public agencies may
by agreement designate which agency will be the lead
agency.
12
15065.5. Designation of Lead Agensy by Office of Planning and
Research. (a) In the event that the designation of a Lead
A gency 3s in dispute, the following criteria shall apply:
(1) Public agencies should consult with each other in
an effort to resolve the dispute prior to
submitting it to OPR.
(2) If an agreement cannot be reached, any public
agency involved may submit the dispute to the
OPR for resolution.
(b) Regulations adopted by OPR for resolving lead agency
disputes may include the following:
(1) Submission of written statements to OPR and
other disputing public agencies;
(2) Certification by OPR that a Lead Agency dispute
exists;
(3) Publication of notice that a dispute has been
submitted to OPR;
(4) Determination of the dispute on the basis of NWO
written statements or by a hearing.
(c) Designation of a Lead Agency by OPR shall be based
on consideration of the criteria in Section 15065
as well as the capacity of the agency to
adequately fulfill the requirements of CEQA.
15066. Consultation with Responsible Agencies. When more than
one public agency will oe involved In undertaking or
approving a project, the Lead Agency shall consult with
all responsible agencies (i.e., all the other public
agencies involved in carrying out or approving the project.)
before completing a draft EIR or Negative Declaration.
This early consultation is designed to insure that the
EIR or Negative Declaration will reflect the concerns
of all responsible agencies which will issue approvals
for the project. After completing the draft EIR or
Negative Declaration, the Lead Agency shall also consult
with other public agencies having jurisdiction by law
and should consult with persons having special expertise
as described in Sections 15083 and 15085.
Ard
13
15067. Subse9uent EIR. Where an EIR has been prepared, no
additional EIR need be prepared unless:
(a) Substantial changes are proposed in the project which
will require major revisions of the EIR, due to the
involvement of new environmental impacts not considered
in a previous EIR on the project;
(b) There are substantial changes with respect to the
circumstances under which the project is to be
undertaken, such as a change in the proposed loca-
tion of the project, which will require major revisions
in the EIR due to the involvement of new environmental
impacts not covered in a previous EIR.
15068. Use of a Single EIR. The lead agency may employ a single
EIR to describe more than one project, if such projects
are essentially the same in terms of environmental impact.
Further, the lead agency may use an earlier EIR prepared
in connection with an earlier project to apply to a later
project, if the circumstances of the projects are essen-
tially the same. Lead Agencies may elect to write EIR's
in advance for entire programs or regulations, in order
to be prepared for project applications to come. When-
ever an agency chooses to utilize any of these alterna-
tives, however, it must find that the environmental
effects of the projects are similar enough to warrant
the same treatment in an EIR and that the EIR will
adequately cover the impacts of any single project. If
these tests are not met, an agency should amend the EIR
it prepares for a program to apply it to an individual
project with unusual characteristics.
15069. Multiple and 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, the Lead Agency must prepare a
single EIR for the ultimate project. Where an individual
project is a necessary precedent for action on a larger
project, or commits the Lead Agency to a larger project,
with significant environmental effect, an EIR must address
itself to the scope of the larger project. Where one project
is one of several similar projects of a public agency,
but is not deemed a part of a larger undertaking or a
larger project, the agency may prepare one EIR for all
projects, or one for each project, but should in either
case comment upon the combined effect.
14
15070. Ongoing Project. (a) A project as defined in Section
15037 Ia.) (1) of these Guidelines, approved prior to
November 23, 1970, shall require an Environmental Impact
Report or a Negative Declaration if the project may
have a significant effect on the environment, and either
of the following conditions exists:
(1) A substantial portion of public funds allocated
for the project have not been spent and it is
still feasible to modify the project to mitigate
potentially adverse environmental effects, or
to choose feasible alternatives to the project,
including the alternative of "no project" or
halting the project; provided that this
Section (1) shall not apply to projects which
come under the jurisdiction of the National
Environmental Policy Act (NEPA) and which,
through regulations promulgated under NEPA, were
held to be too far advanced at the time of
NEPA's effective date to require an EIS in com-
pliance with those regulations.
(2) A public agency proposes to modify the project
in such a way that the project might have a new
significant effect on the environment.
IWO
(b) A Vro as defined in Section 15037 (a) (3) or in
Section 15037 (a) (2) as it relates to contracts,
where the permit or other entitlement was issued,
or the contract approved, prior to April 5, 1973,
shall not require an EIR or Negative Declaration,
subject to the following provisions:
(1) CEQA expressly does not prohibit a public agency
from considering environmental factors in connec-
tion with the approval or disapproval of a
project, or from imposing reasonable fees on the
appropriate private person or entity for pre-
paring an environmental report. Local agencies
may require environmental reports for projects
covered by this paragraph pursuant to local
ordinances during this interim period.
(2) Where the issuance or approval occurred prior
to December 5, 1972, and prior to said date the
project was legally challenged for noncompliance
with CEQA, the project shall be bound by special
rules set forth in Section 21170 of CEQA.
(3) Where a project involving the issuance of a lease,
permit, license, certificate or other entitlement
to use has been granted a discretionary govern-
mental approval for part of the project before
•
15
April 5, 1973, and another or additional discre-
tionary governmental approvals after April 5,
1973, the project shall require an EIR or Neg-
ative Declaration only if the approval or
approvals after April 5, 1973, involve a greater
degree of responsibility or control over the
project as a whole than did the approval or
approvals prior to that date.
(c). Any EIR which has been completed or on which
substantial work has been performed on or before
February 15,1974, in compliance with procedures
of a public agency consistent with CEQA and these
Guidelines as adopted on February 3, 1973, shall be
deemed to be in compliance with these Guidelines.
No further EIR shall be required except as provided
in Subsections (a) and (b).
15071. Emergency Project. The following emergency projects are
exempt from the requirements of CEQA, and no EIR is
required.
(a) Projects undertaken, carried out, or approved by
a public agency to maintain, repair, restore, demolish
or replace property or facilities damaged or destroyed
as a result of a disaster in a disaster stricken area
in which a state of emergency has been proclaimed by
the Governor pursuant to Chapter 7 (commencing. with
Section 8550) of Division 1, Title 2 of the Government
Code.
(b) Emergency repairs to public service facilities
necessary to maintain service.
(c) Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
15072. Feasibility and Planning Studies. A project involving
only feasibility or planning studies for possible future
actions which the agency, board, or commission has not
approved, adopted, or funded does not require the prep-
aration of an environmental impact report but does
require consideration of environmental factors as
required by Section 21102 of CEQA.
15073. Ministerial Pro.lects. Ministerial projects are exempt
from the requirements of CEQA, and no EIR is required.
The determination of what is "ministerial" can most
appropriately be made by the particular public agency
involved based upon its analysis of its own laws, and
16
it is anticipated that each public agency will make
such determination either as a part of its implementing
regulations or on a case -by -case basis. It is further
anticipated that the following actions will, in most
cases, be ministerial in nature.
(a) Issuance of building permits.
(b) Issuance of business licenses.
(c) Approval of final subdivision maps.
(d) Approval of individual utility service connections
and disconnections.
In the absence of any discretionary provision contained
in local ordinance, it shall be presumed that these four
actions are ministerial. Each public agency may, in its
implementing regulations or ordinances, provide an iden-
tification or itemization of its projects and actions
which are deemed ministerial under the applicable laws
and ordinances.
ARTICLE 7. Evaluating Projects
15080. ;nitial Study. If the project is not part of a class of
projects that qualifies for a Categorical Exemption and
there is a possibility that the project may have a sig-
nificant effect on the environment the lead agency
should conduct an initial study to determine if the
project may have a significant effect on the environ-
ment. If any of the effects of a project may have a
substantial adverse impact on the environment, regardless
of whether the overall effect of the project is adverse
or beneficial, then an environmental impact report must
be prepared where discretionary governmental action is
involved.
If the project is to be carried out by a nongovernmental
person, the lead agency may require such person to submit
data and information which will enable the agency to make
this determination.
17
15081. Determining Significant Effect. (a) The determination
of whether a project may have a significant effect on
the environment calls for careful judgment on the part
of the public agency involved, based to the extent
possible on scientific and factual data. An iron clad
definition of significant effect is not possible because
the significance of an activity may vary with the setting.
For example, an activity which may not be significant
in an urban area may be significant in a rural area.
There may be a difference of opinion on whether a partic-
ular effect should be considered adverse or beneficial,
but where there is, or anticipated to be, a substantial
body of opinion that considers or will consider the
effect to be adverse, the lead agency should prepare an
EIR to explore the environmental effects involved.
(b) In evaluating the significance of the environmental
effect of a project, the lead agency shall consider
both primary or direct and secondary or indirect
consequences. Primary consequences are immediately
related to the project (the construction of a new
treatment plant may facilitate population growth
in a particular area), while secondary consequences
are related more to primary consequences than to
the project itself (an impact upon the resource
base, including land, air, water and energy use of
the area in question may result from the population
growth).
(c) Some examples of consequences which may have a
significant effect on the environment in connection
with most projects where they occur, include a
change that:
(1) Is in conflict with environmental plans and
goals that have been adopted by the community
where the project is to be located;
(2) Has a substantial and demonstrable negative
aesthetic effect;
(3) Substantially affects a rare or endangered
species of animal or plant, or habitat of
such a species;
(4) Causes substantial interference with the
movement of any resident or migratory fish
or wildlife species;
(5) Breaches any published national, state, or
local standards relating to solid waste or
litter control:
18
(6) Results in a substantial detrimental effect
on air or water quality, or on ambient noise
levels for adjoining areas;
(7) Involves the possibility of contaminating a
public water supply system or adversely
affecting ground water;
(8) Could cause substantial flooding, erosion or
siltation;
(9) Could expose people or structures to major
geologic hazards.
15082. Mandatory Findings of Significance. In every case where
any of the following conditions are found to exist as a
result of a project, the project shall be found to have
impacts with a significnat effect on the environment:
(a) Impacts which have the potential to degrade the quality
of the environment or curtail the range of the envi-
ronment.
(b) Impacts which achieve short -term, to the disadvantage IWO
of long -term, environmental goals. A short -term
impact on the environment is one which occurs in a
relatively brief, definitive period of time while long-
term impacts will endure well into the future.
(c) Impacts for a project which are individually limited,
but cumulatively considerable. A project may affect
two or more separate resources where the impact on
each resource is relatively small. If the effect of the
total of those impacts on the environment is significant,
an EIR must be prepared. This mandatory finding of
significance does not apply to two or more separate
projects where the impact of each is insignificant.
(d) The environmental effects of a project will cause
substantial adverse effects on human beings, either
directly or indirectly.
15083. Negative Declaration, (a) A Negative Declaration shall
be prepared for a project which could potentially have
a significant effect on the environment, but which the
lead agency finds on the basis of an Initial Study will IWO
not have a significant effect on the environment.
19
(b) A Negative Declaration must include a brief descrip-
tion of the project as proposed, a finding that the
project will not have a significant effect on the
environment, a brief statement of reasons to
support the findings,and a statement indicating who
prepared the initial study and where a copy of it
may be obtained. The Negative Declaration should
normally not exceed one page in length.
(c) The Negative Declaration shall be made available to
the public with sufficient time before the project
is approved to provide an opportunity for members
of the public to respond to the finding.
(d) After making a decision to carry out or approve the
project, the lead agency shall file a Notice of
Determination with a copy of the Negative Declara-
tion attached. The Notice of Determination shall
include the decision of the agency to approve or
disapprove the project, the determination of the
agency whether the project will have a significant
effect on the environment, and a statement that no
EIR has been prepared pursuant to the provisions of
CEQA.
(1) If the lead agency is a state agency, the
Notice of Determination shall be filed with
the Secretary for Resources.
(2) If the lead agency is a local agency, the
Notice of Determination shall be filed with the
county clerk of the county or counties in which
the project will be located.
15084. Decision to Prepare an EIR. If the lead agency finds
after an initial study, that the project may have a
significant effect on the environment, the lead agency
must prepare or cause to be prepared an Environmental
Impact Report.
15085. EIR Process. The following steps shall be followed after
the lead agency decides to prepare an EIR.
(a) If the project is to be carried out by a nongovern-
mental person, the lead agency may require such
person to submit data and information necessary to
enable the lead agency to prepare the EIR. This
information may be transmitted in the form of a
draft EIR. The draft EIR which is sent out for
public review must reflect the independent judgment
of the lead agency. Use of a draft EIR submitted
by an applicant is discussed in Section 15061 (b).
20
(b) The content of an EIR is described in Article 9 of
these Guidelines. Each element of an EIR must be
covered, and these elements should be separated
into distinct selections. Before completing a draft
EIR consisting of the information specified in
Section 15141, 15142, and 15143 of these Guidelines,
the lead agency should consult directly with any
person or organization it believes will be concerned
with the environmental effects of the project. Many
public agencies have found that early consultation
solves many potential problems that would arise in
more serious form later in the review process.
After completing a draft EIR, the lead agency must
consult with, and obtain the comments of, any public
agency which has jurisdiction by law with respect to
the project and may consult with any person who has
special expertise with respect to any environmental
impact involved. Opportunity for comments from the
general public should be provided.
(c) As soon as the draft EIR is completed, but before
copies are sent out for review, an official notice
stating that the draft EIR has been completed must
be filed with the Secretary for the Resources Agency.
The notice shall include a brief description of the
Nor
project, its proposed location, and an address where
copies of the EIR are available. This notice shall
be referred to as a Notice of Completion. A form
for this notice is provided in the Appendices. The
Notice of Completion will provide the basis for
information published by the Secretary for Resources
in an EIR Monitor. Where the EIR will be reviewed
through the state review process handled by the
State Clearinghouse, a Notice of Intent will be
completed and filed with the State Clearinghouse.
The Notice of Intent will serve as the Notice of
Completion, and no Notice of Completion need be
sent to the Resources Agency. A form for the
Notice of Intent is shown in Appendix D.
(d) The lead agency shall evaluate comments received
from persons who reviewed the draft EIR.
(e) The lead agency shall prepare a final EIR. The
contents of a final EIR are specified in
Section 15146 of these Guidelines.
(f) The final EIR shall be presented to the decision -
making body of the lead agency. The lead agency
shall certify that the final EIR has been completed
in compliance with CEQA and the state guidelines
and that the decision - making body or administrative
official having final approval authority over the
project has reviewed and considered the information
contained in the EIR.
21
(g) After making a decision on the project, the lead
agency shall file a notice of action taken on the
project. This notice shall be referred to as a
Notice of Determination. Such notice shall include
(1) the decision of the agency to approve or disap-
prove the project, (2) the determination of the
agency whether the project will or will not have a
significant effect on the environment, and (3) a
statement that an EIR has been prepared pursuant
to the provisions of CEQA.
(1) If the lead agency is a state agency, the
Notice of Determination shall be filed with the
Secretary for Resources.
(2) If the lead agency is a local agency, the
Notice of Determination shall be filed with the
county clerk of the county of counties in which
the project would be located.
(h) If the lead agency is a state agency, a copy of the
final EIR shall be filed with the appropriate
planning agency of any city, county, or city and
county which will be affected by the project.
15086. EIR Combined with Existing Planning and Review Process.
To the extent pos ez6ie, the Elx process snoul.d oe comained
with the existing planning, review, and project approval
process being used by each responsible agency. The lead
agency shall include the EIR as a part of the regular
project report where such a report is used in the exist-
ing review and budgetary process.
15087. Additional Notices. In their implementing procedures,
public agencies may provide for the filing of notices
in addition to the notices required by these Guidelines.
Additional notices may include the determination that
a project is categorically exempt, that a project is
covered by the emergency exemption or the ministerial
exemption, or that an activity is not covered by the
act at all. Such notice should include reference to the
documentation on which the determination is based.
15088. Statement of Overriding Considerations, If a public
agency decides to approve a project for which serious
adverse environmental consequences have been identified
in an EIR, the agency may wish to make a statement
identifying the other interests that warrant approval in
its point of view. If such a statement is made, it
should be included in the record of the project approval
and may be attached to the Notice of Determination.
22
4
ARTICLE 8. Categorical Exemptions
15100. Categorical Exemptions. Section 21084 of the Public
Resources Code requires these Guidelines to include
a list of classes of projects which have been determined
not to have a significant effect on the environment and
which shall, therefore, be exempt from the provisions
of the Environmental Quality Act of 1970.
In response to that mandate, the Secretary for Resources
has found that the following classes of projects listed in
this article do not have a significant effect on the environ-
ment and they are declared to be categorically exempt
from the requirement for the preparation of an EIR.
15101. Class 1: Existing Facilities. Class 1 consists of the
operation, repair, maintenance or minor alteration of
existing public or private structures, facilities,
mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that previously
existing, including but not limited to:
(a) Interior or exterior alterations involving such
things as interior partitions, plumbing, and
electrical conveyances;
(b) Existing facilities of both investor and publicly
owned utilities used to provide electric power,
natural gas, sewerage, or other public utility
services;
(c) Existing highways and streets (within already
established rights -of -way) sidewalks, gutters,
bicycle and pedestrian trails, and similar
facilities;
(d) Restoration, or rehabilitation of deteriorated
or damaged structures, facilities or mechanical
equipment to meet current standards of public
health and safety, unless it is determined that
the damage was substantial and resulted from an
environmental hazard such as earthquake, land-
slide or flood;
(e) Additions to existing structures provided that the
addition will not result in an increase of more than
50 percent of the floor area of the structures before
the addition or 2500 square feet, whichever is less;
(f) Addition of safety or health protection devices for
use during construction of or in conjunction with
existing structures, facilities or mechanical equip-
ment, or topographical features including naviga-
tional devices;
23
ihr
(g) New copy on existing on and off - premise signs;
(h) Maintenance of existing landscaping, native
growth and water supply reservoirs (excluding the
use of economic poisons, as defined in Division 7,
Chapter 2, California Agricultural Code);
(i) Maintenance of fish screens, fish ladders, wild-
life habitat areas, artificial wildlife waterway
devices, streamflows, springs and waterholes, and
stream channels (clearing of debris) to protect
fish and wildlife resources.
(j) Fish stocking by the California Department of
Fish and Game.
(k) Division of existing multiple family rental units
into condominiums.
(1) Demolition and removal of buildings and related
structures except where they are of historical,
archaeological or architectural significance as
officially designated by Federal, State or local
governmental action.
15102. Class 2: Replacement or Reconstruction. Class 2 consists
of replacement or reconstruction of existing structures
and facilities where the new structure will be located
on the same site as the structure replaced and will
have substantially the same purpose and capacity as the
structure replaced, including but not limited to:
(a) Replacement or reconstruction of existing schools
and hospitals to provide earthquake resistant
structures which do not increase capacity more than
5 %.
(b) Replacement of a commercial structure with a new
structure of substantia..ly the same size and purpose.
15103. Class 3: New Construction of Small Structures. Class 3
consists of construction and location of single, new,
small facilities or structures and installation of small
new equipment and facilities including but not limited
to:
(a) Single family residences not in conjunction with
the building of two or more such units.
(b) Motels, apartments, and duplexes designed for not
more than four dwelling units if not in conjunction
with the building of two or more such structures.
24
(c) Stores, offices, and restaurants if designed for
an occupant load of 20 persons or less, if not in
conjunction with the building of two or more such
structures.
(d) Water main, sewage, electrical, gas and other utility
extensions of reasonable length to serve such
construction.
(e) Accessory (appurtenant) structures including garages,
carports, patios, swimming pools and fences.
15104. Class 4: Minor Alterations to Land. Class 4 consists of
minor public or private alterations in the condition of land,
water and /or vegetation which do not involve removal of
mature, scenic trees except for foresty and agricultural
purposes. Examples include but are not limited to:
(a) 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 officially mapped areas of severe geologic hazard.
(b) New gardening or landscaping.
(c) Filling of earth into previously excavated land with
material compatible with the natural features of the
site.
(d) Minor alterations in land, water and vegetation on
existing officially designated wildlife management
areas or fish production facilities which result
in improvement of habitat for fish and wildlife
resources or greater fish production.
(e) Minor temporary uses of land having negligible or
no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface
is restored.
15105. Class 5: Alterations in Land Use Limitations. Class 5
co nos sts of minor alterations in land use limitations,
except zoning, including but not limited to:
(a) Minor lot line adjustments, side yard and set
back variances not resulting in the creation of any
new parcel nor in any change in land use or density;
(b) Issuance of minor encroachment permits.
25
15106. Class 6: Information Collection. Class 6 consists of
basic data collection, research, experimental management
and resource evaluation activities which do not result
in a serious or major disturbance to an environmental
resource. These may be for strictly information gathering
purposes, or as part of a study leading to an action which
a public agency has not yet approved, adopted or funded.
15107. Class 7: Actions by Regulatory Agencies for Protection
or Natural Resources. Class consists of actions taken
by regulatory agencies as authorized by state law or
local ordinance to assure the maintenance, restoration,
or enhancement of a natural resource where the regulatory
process involves procedures for protection of
the environment. Examples include but are not limited
to wildlife preservation activities of the State Depart-
ment of Fish and Game. Construction activities are not
included in this exemption.
15108. Class 8. Actions by Regulatory Agencies for Protection
of the Environment. Class i consists of actions taken
by regulatory agencies, as authorized by state or local
ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the
regulatory process involves procedures for protection
of the environment. Construction activities are not
included in this exemption.
15109. Class 9: Inspections. Class 9 consists of activities
limited entirely to inspection, to check for performance
of an operation, or quality, health or safety of a project,
including related activities such as inspection for
possible mislabeling, misrepresentation or adulteration
of products.
15110. Class 10. Loans. Class 10 consists of loans made by the
Department of Veterans Affairs under the Veterans Farm
and Home Purchase Act of 1943, mortgages for the purchase
of existing structures where the loan will not be used
for new construction and the purchase of such mortgages
by financial institutions. Class 10 includes but is not
limited to the following examples:
(a) Loans made by the Department of Veterans Affairs
under the Veterans Farm and Home Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage
companies by the Public Employees Retirement System
and by the State Teachers Retirement System.
26
15111. Class 11: Accessory Structures. Class 11 consists of
cones ction, or placement of minor structures accessory
to (appurtenant to) existing commercial, industrial,
or institutional facilities, including but not limited to:
(a) On- premise signs;
(b) Small parking lots.
1112. Class 12. Surplus Government Property Sales. Class 12
consists of sales of surplus government property except
for parcels of land located in an area of statewide
interest or potential area of critical concern as
identified in the Governor's Environmental Goals and Policy
Report of June 1, 1973.
15113. Relation to Ministerial Projects.
Section 21080 of the Public Resources Code as added
by Chapter 1154, Statutes of 1972, exempts all minis-
terial projects and activities of public agencies from
application of the CEQA. The matter of what is or is
not a ministerial project is up to the determination
of each public agency, based on an examination of the
applicable laws and ordinances. Thus, while the Cate-
gorical Exemptions listed in this subsection contain
classes or examples of projects which in many cases
will be ministerial, the inclusion of them is in no
way intended to imply any finding here that, in any
particular jurisdiction, they are ministerial or dis-
cretionary. The exemptions, naturally, only apply
where the project in question is found to be discretionary.
1`114. Exception by Location. Class 3, 4, 5, 6, and 11 are
qualified by consideration of where the project is to
be located -- a project that is ordinarily insignificant
in its impact on the environment may in a particularly
sensitive environment be significant. Therefore, these
classes are considered to apply in all instances,
EXCEPT where the project may impact on an environmental
resource of hazardous or critical concern as may be here-
after designated, precisely mapped, and officially
adopted pursuant to law by federal, state or local agencies.
Moreover, all exemptions for these classes are inapplicable
when the cumulative impact of successive projects of the
same type in the same place, over time is significant- -
for example, annual additions to an existing building under
NWO
Class 1.
27
kir
15115. Revisions to List of Categorical Exemptions. Any public
agency may, at any time, request that a new class of
Categorical Exemptions be added, or an existing one amended
or deleted. This request must be made in writing to the
Office of Planning and Research and shall contain detailed
information to support the request.
15116. Application by Public Agencies. Each public agency
shall, in the course of establishing its own procedures,
list those specific activities which fall within each
of the exempt classes, subject to the qualification that
these lists must be consistent with both the letter and
the intent expressed in the classes. Public agencies may
omit from their implementing procedures classes and exam-
ples that do not apply to their activities, but they may
not require EIR's for projects described in the classes
and examples in this article except under the provisions
of Section 15114.
kiv ARTICLE 9. Contents of Environmental Impact Reports
15140. General.
Environmental impact reports shall contain the informa-
tion outlined in this article.
15141. 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.
(a) The precise location and boundaries of the proposed
project shall be shown on a detailed map, preferably
topographic. The location of the project shall also
appear on a regional map.
(b) A statement of the objectives sought by the proposed
project.
(c) A general description of the project's technical,
economic, and environmental characteristics, con-
sidering the principal engineering proposals and
supporting public service facilities.
28
15142. Description of Environmental Setting.
An EIR must include a description of the environment in
the vicinity of the project, as it exists before commence-
ment of the project, from both a local and regional
perspective. Knowledge of the regional setting is
critical to the assessment of environmental impacts.
Special emphasis should be placed on environmental resources
that are rare or unique to that region. Specific reference
to related projects, both public and private, both
existent and planned, in the region should also be
included, for purposes of examining the possible cumu-
lative impact of such projects.
15143. Environmental Impact.
All phases of a project must be considered when evalu-
ating its impact on the environment: planning, acqui-
sition, development and operation. The following subjects
shall be discussed, preferably in separate sections or
paragraphs.
(a) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts or the
project on the environment, giving due consider-
ation to both the short -term and long -term effects. IWO
It should include specifics of the area, the
resources involved, physical changes, alterations
to ecological systems and changes induced in
population distribution, population concentration,
the human use of the land (including commercial and
residential development) and other aspects of the
resource base such as water, scenic quality and
public services.
(b) Any Adverse Environmental Effects Which Cannot Be
Avoided if the Proposal is Implemented:
Describe any adverse impacts, including those which
can be reduced to an insignificant level but not
eliminated. Where there are impacts that cannot be
alleviated without imposing an alternative design,
their implications and the
reasons why the project is being proposed, notwith-
standing their effect, should be described. Do not
neglect impacts on any aesthetically valuable -sur-
roundings, or on human health.
(c) Mitigation Measures Proposed to Minimize the Impact:
Describe any mitigation measures written into the
project plan to reduce significant environmentally
adverse impacts to insignificant levels, and the
basis for considering these levels acceptable.
Where a particular mitigation measure has been chosen
from among several alternatives should be discussed
and reasons should be given for the choice made.
29
(a) Alternatives to the Proposed Action:
Describe any known alternatives to the project, or
to the location of the project, which could feasibly
attain the basic objectives of the project, and why
they were rejected in favor of the ultimate choice.
The specific alternative of "no project" must also
always be evaluated, along with the impact. Atten-
tion should be paid to alternatives capable of
substantially reducing or eliminating any environ-
mentally adverse impacts, even if these alternatives
substantially impede the attainment of the project
objectives, and are more costly.
(e) The Relationship Between Local Short -Term Uses of
Man's Environment and the Maintenance and Enhancement
of Long-Term Productivity:
Describe the cumulative and long -term effects of the
proposed project which adversely affect the state of
the environment. Special attention should be given
to impacts which narrow the range of beneficial uses
of the environment or pose long -term risks to health
or safety. In addition, the reasons why the pro-
posed project is believed by the sponsor to be
justified now, rather than reserving an option for
further alternatives, should be explained.
(f) Any Irreversible Environmental Changes Which Would
Be Involved in the Proposed Action Should It Be
Implemented:
Uses of nonrenewable resources during
the initial and continued phases of the project may
be irreversible since a large commitment of such resources
makes removal or nonuse thereafter unlikely. Primary
impacts and, particularly, secondary impacts (such
as a highway improvement which provides access to
a nonaccessible area) generally commit future gener-
ations to similar uses. Also irreversible damage
can result from environmental accidents associated
with the project. Irretrievable commitments of
resources should be evaluated to assure that such
current consumption is justified.
(g) The Growth - Inducing Impact of the Proposed Action:
Discuss the ways in which the proposed project could
foster economic or population growth, either directly
or indirectly, in the surrounding environment.
Included in this are projects which would remove
obstacles to population growth (a major expansion
of a waste water treatment plant might, for example,
allow for more construction in service areas).
Increases in the population may further tax existing
community service facilities so consideration must
be given to this impact. Also discuss the charac-
teristic of some projects which may encourage and
facilitate other activities that could significantly
affect the environment, either individually or
cumulatively. It must not be assumed that growth
in any area is necessarily beneficial, detrimental,
or of little significance to the environment.
30
15144. Organizations and Persons Consulted
The identity of all federal, state or local agencies,
other organizations and private individuals consulted
in preparing the EIR, and the identity of the persons,
firm of agency preparing the EIR, by contract or other
authorization must be given.
15145. Water quality Aspects.
With respect to water quality aspects of the proposed
project which have been previously certified by the
appropriate state or interstate organization as being
in substantial compliance with applicable water quality
standards, reference to the certification should be
made.
15146. Contents of Final Environmental Impact Report. (a) The
Final EIR shall consist of the Draft EIR containing the
elements described in Sections 15141, 15142, and 15143
of these Guidelines, a section listing the organizations
and persons consulted and containing the comments received
through the consultation process described in Article 10,
either verbatim or in summary, and the response of the
Lead Agency to the significant environmental points raised
in the review and consultation process.
(b) The response of the Lead Agency to comments received
may take the form of a revision of the Draft EIR or
may be an attachment to the Draft EIR. The response
shall describe the disposition of significant envi-
ronmental issues raised (e.g., revisions to the
proposed project to mitigate anticipated impacts or
objections). In particular the major issues raised
when the Lead Agency's position is at variance with
recommendations and objections raised in the comments
must be addressed in detail giving reasons why
specific comments and suggestions were not accepted,
and factors of overriding importance warranting an
override of the suggestions.
15147. Degree of Specificity. The degree of specificity required
in an EIR will correspond to the degree of specificity
involved in the underlying activity which is described
in the EIR.
(a) An EIR on a construction project will necessarily
be more detailed in the specific effects of
the project than will be an EIR on the adoption
of a local general plan or comprehensive zoning
ordinance because the effects of the construction
can be predicted with greater accuracy.
•
31
(b) An EIR on projects such as the adoption or amendment
of a comprehensive zoning ordinance or a local general
plan should focus on the secondary effects that can
be expected to follow from the adoption, but the FIR
need not be as detailed as an FIR on the specific
construction projects that might follow.
(c) The requirements for an EIR on a local general plan
or element thereof will be satisfied by the general
plan or element document, i. e., no separate FIR
will be required, if: (1) the general plan addresses
all the points required to be in an EIR by Article 9
of these Guidelines and (2) the document contains
a special section or a cover sheet identifying where
the general plan document addresses each of the points
required.
ARTICLE 10. Evaluation of Environmental
Impact Reports
15160. Adequate Time for Review and Comment. The Lead Agency
should provide adequate time for other public agencies
and members of the public to review and comment on an
EIR that it has prepared.
(a) Public agencies may establish time periods for review
in their implementing procedures and shall notify
reviewing agencies of the time periods.
(b) In setting time periods for review, public agencies
shall give consideration to their obligation to obtain
comments from public agencies having jurisdiction by
law with respect to the project and to the policy
favoring public participation.
(c) In order to provide sufficient time for public review,
review periods for draft EIR's should not be less than
30 days nor longer than 90 days except in unusual
situations. While state and local agencies are not
bound by federal guidelines for implementing
the National Environmental Policy Act, the time
limits in the federal guidelines provide an
example that may be followed in some situations.
The federal guidelines require at least 90 days
for review of a draft EIR and another 30 days for
the review of a final EIR. Review periods of this
length may be desirable for some large projects,
but shorter periods may be provided where the shorter
period will still allow adequate review.
32
(d) A review period for an EIR does not require a halt
in other planning activities related to a project.
Planning should continue in conjunction with
environmental evaluation.
15161. Review of Environmental Impact Reports
(a) Public agencies must develop procedures to ensure
that lead agencies obtain and receive adequate
comments on their EIRs from public agencies which
have jurisdiction by law with respect to the project.
Such procedures should include provisions for con-
sultation with persons who have special expertise
in environmental matters. It is suggested that
public agencies utilize existing state, and regional
or local clearinghouses to distribute EIRs and other
environmental documents to appropriate agencies.
(b) Cities and counties should compile listings of other
agencies, particularly local agencies, which have
legal jurisdiction and /or special expertise with
respect to various projects and project locations.
Appendix B to these Guidelines identifies state
agencies which have legal jurisdiction over, or
special expertise in, various impacts. This could
be the basis for a part of such listings. Such
listings should be a guide in determining which
agencies should be consulted with regard to a partic-
ular project.
(c) Reviewers should focus on the sufficiency of the
EIR in discussing possible impacts upon the environ-
ment, ways in which adverse effects might be mini-
mized, and alternatives to the project, in light of
the intent of the act to provide decision - makers
with useful information about such factors.
(d) Upon completion of reviewing an EIR, it is suggested
that reviewing agencies supply the project sponsor
with the name of a contact person who is available
for later consultation should this prove necessary.
(e) EIR's and Negative Declaration's to be reviewed by
state agencies shall be submitted to the State
Clearinghouse 1400 Tenth Street, Sacramento,
California 95814, When EIR's are submitted to the
State Clearinghouse, the review periods set by the
the responsible agency shall be at least as long as
IMO
the period provided in the state review system
operated by the State Clearinghouse.
•
33
1516 2. Failure to Comment.
If any public agency or person who is consulted with regard
to an EIR fails to comment within a reasonable time as
specified by the Responsible Agency, it shall be assumed,
. absent a request for a specific extension of time, that such
agency or person has no comment to make.
15163. Requests for Environmental Documents
The Responsible Agency , after preparing an EIR or other
environmental document described in these Guidelines, is
responsible for making such documents available to the
public for inspection. Members of the general public
requesting copies of the EIR may be charged for the actual
cost of reproducing that copy.
15164. Public Participation.
While the Environmental Quality Act of 1970 does not
require formal public hearings at any stage of the
environmental review procedure, it is a widely accepted
desirable goal of this process to encourage public
participation. All public agencies adopting implement-
ing procedures in response to these Guidelines should
make provisions in their procedures for wide.public
involvement, formal and informal, consistent with their
existing activities and procedures, in order to properly
receive and evaluate public reactions, adverse and
favorable, based on environmental issues.
15165, Public Hearings
(a) A public hearing on the environmental impact of a
project should usually be held when the lead agency
determines it would facilitate the purposes and
goals of the CEQA and these Guidelines to do so.
The hearing may be held in conjunction with and as
a part of normal planning activities. To as great
a degree as possible, these hearings should include
comments from reviewing agencies made pursuant to
these Guidelines.
(b) A Draft EIR should be used as a basis for discussion
at a public hearing. The hearing may be held at a
place where public hearings are regularly conducted
by the lead agency or at another location expected
to be convenient to the public.
•
34
(c) Notice shall be given of all public hearings in
a timely manner. This notice may be given in the
same form and time as notice for other regularly
conducted public hearings of the public agency. ,t
(d) A public agency may include, in its implementing
procedures, procedures for the conducting of public
hearings pursuant to this section, which procedures
may be consistent with already existing hearing and
notice requirements of the public agency for regularly
conducted legislative, planning and other proceedings.
,r.;':'
(e) There is no requirement for a public agency to
conduct a public hearing in connection with its
review of an EIR prepared by another public agency.
15166. Retention and Availability of Comments.
Comments received through the consultation process
shall be kept on file for a reasonable period and
available for public inspection at an address given {
in the Final EIR. Comments which may be received
independently of the review of the Draft EIR shall
also be considered and kept on file.
NosiO
ARTICLE 11. EIR Monitor
15180. EIR Monitor. The Secretary for Resources will provide for
publication of a bulletin entitled "California EIR Monitor"
on a subscription basis to provide public notice of amend-
ments to the Guidelines, the completion of draft EIR's and
other matters as deemed appropriate. Inquiries and sub-
scription requests should be sent to the following address:
Secretary for Resources
Attention: California EIR Monitor
1416 Ninth Street, Room 1311
Sacramento, California 95814
Disclaimer
The Secretary for Resources has determined that there are no
state mandated local costs in this regulation that require
reimbursement under Section 2231 of the Revenue and Taxation
Code becase this regulation implements a mandate previously Niad
enacted by statute. The statutes creating the mandate are
Chapter 1433 of the Statutes of 1970 and Chapter 1154 of the
Statutes of 1972.
APPENDICES
Appendix A Flow Chart
Appendix B Statutory Authority of State .
Departments
Appendix C Notice of Completion Form
Appendix D Notice of Intent Form
A -1
Appendix A
Appendix A
linvlromeent.l Imp.* Report Proses.
YIUN CHART
Public Agency evaluate. Propo.ed Activity to
detemeine If then is • poe.lblllty that the No possible
M
y
A•tivltY have • significant •f 1'ect on LM significant
Activity effect
Det.eell MtlOn of I Me gill required
applleabf ltty Of CNQA Possible significant effect under the
Ctllornie
'M gnv l royMnta l
Quality ActIgtA
I A A
Publilec rt . AA.ncy determines If Activity 1. • Yon- Pro.lert
pro
Pro
P ublic Agency determines II project" Mlnl.terl.l project
—>."
Mlninterlal, g.ergency ur Discretionary Ywerg.ncy proJ.c1
I
Dleeretfonary
I
i
Public APenry exempt-
determines 11 C 1
— VrnJa� I• 1
Categorically exempt
categorically
1
Not not Cat.en ly Exempt
1 Deletml MLlon of Lead Agency undertake. Initial laud, to Will lave
__' I Wad Agency .here w n I pr •I 11' not have • Will not l effect �-'
t hvnl von• agency le n i ! ',ate tvnlne 11' ' •IXnlf liana el fact on Lhe environment.
_ 1
May have •IenIIINnt cited
� �
L r
Lead Agency prepare. o cause. to be
prepared • draft LIM COn•ultetlnn .ILL
appropriate other agen.lee _ _ f
— I, ___
goad Agency peeper..
N.gally. Iwrlar•tlon And
pu It •callable to the
., pal »r to project
decision
Lead Agency flies Notice of Completion
with S.cnl•ry for Ileeourc.e and
dl etrl but. draft Lie for ∎foment•
f/ .
Consultation with Public Consultation with person.
•lav eeer in
e• MvlM Ju rl .dlcetlotl r N spacial r e. with
by fist • environmental
vl ron Mnt•1
I•part Invn I v •d
Lead Agency prepares PIMP gig reflecting
re•ctione to elgnlllr•nt review consents
I Consid.retion and Approve) of Yln.l 1111
by decl•lon- waMing bode J
Iwcl.lon on "prole,'
/
State Age • lu teen,.
Pile Notlde Of Determination YI I.Ic. of Det. nllnetieTni -
with Reenter, roe with County Clef..
ROTS Tnl• flow chart 1e Intended to
rely illustrate the gig process
contemplated by the" duld.11MS.
The language contained In the Ou1de.
fins control. In case of eleonpan.
Tl W . N' (3 -!
* �O c xi - o m O f) n D AN D xi O
■
o c I < n c f1 < 2, v o ' --IZ 9 <
e l e to m n o o > m n ll C
> 2 0 i" N ° c u, E ^n r
a _ (.^ ° = m' a c APPENDIX B
4
7 73o o_ A o a ' m " y c Og
°_ e o r 0 o mm
x n v °° r7., -i z D
'
z -<
ED °
n �z
O -n S -< N
O
*
a x o x — —. Air Quality and air pollution control
e'
O x N Chemical contamination and food products
W Coastal areas, setland's, estuaries,
waterfowl refuges, and beaches
x x x A Congestion in urban areas, housing and
building displacement
x u+ Disease control
as Electric energy generation and supply
x x x x Environmental effects with special
impact in low - income neighborhoods a
x x m Flood plains and watersheds AI
rn
x ,o Food additives and food sanitation a ceo
Z O
x o Herbicides m 11
C to
x Historic and Archaeological sites W
rn rn
^) R Human ecology ()
a
x w Microbiological contamination N r
o rn
.. Mineral land reclamation 11 X
rn -fl
Natural gas energy development Z rn xj .
—.
u ' generation and supply „ ,
x .. Navigable airways O to
Z rn
Navigable waterways 0
rn -n
x x co Noise control and abatement Z N
—I —I
x —• Parks, forests, trees and outdoor > a
'O recreation areas r -I
n rn
x o Pesticides O
z rn
Radiation and radiological health n -o
rn a
x x x x x N ' ) Regional comprehensive planning Z ��I
x w Rodent control rn
z
W " Sanitation and waste systems ....I
N
'i Shellfish sanitation
x - Soil and plant life, sedimentation,
erosion and hydrologic conditions
x x t."3 � Toxic materials
x x — N Transportation and handling of
° 0O hazardous materials
x . Water quality and water pollution control
�;, o Fish and wildlife
w Activities with special impact on
regional jurisdictions
'ft Water project formulation
' Geothermal energy
co Oil and petroleum development,
generation and supply
<) Statewide land use patterns
a Open Space policy
x co Statewide overview — cumulative impact
of separate projects
73 G)nD0 x 1 >I _..` a.
m O O Z n f t7� u, v m Z m n n > m G ) C •.
Druz - a. a o 0 9, O N • o o 0 c m3:
Z -ix,n n P. m A rt■ T O T N o - nz
0 Z o a a e c A nZ
7. Z O rN F r a o a_ a �P0
0 ., m O y-n u 07 A n_ = a 12-0 0 c r m m XI n o _i Z Z A c a` a a A n o ' n v' ° r
kilie
N e DZ=D n n o n 3 a s - -t
j^ T o r 1
a o o 0 t1:3
m 0
< a o m 03 c H a W o Z Z
p g o o a n N
e E Z n o a ' a
o N- N a 3 n d
7 n t0
0
oo . x x x x - Air quality and air pollution control
• n m x x A x I`' Chemical contamination and food products
o N •
x x x x x x x - - r,,, Coastal areas, wetlands, estuaries,
^ £ t. waterfowl refuges, and beaches
0 o •-. N . A Congestion in urban areas, housing
o ° a co and building displacement
0
x x rJ -. x Disease control
a e NJ A
7 n
CI- e
x x x x N - x x °' Electric energy generation and supply
o e w
CD 0 Environmental effects with special
o \ O _ _ impact in low-income neighborhoods
x o x x x x A ca Flood plains and watersheds
o
n
x .o Food additives and food sanitation
o e
3
3 e x x x N a x o Herbicides
L' f
o' c x x LI Historic and Archaeological sites
7
f x x x x N Human ecology
a -
T -
3
a x x - x is Microbiological contamination
3 o
a v, x x x x a Mineral land reclamation
0
s x \ x N atural gas energy development
0 < <" generation and supply
x
A Z3 o - o, Navigable airways
,a 3
e
o a
o x x x A v Navigable waterways
- v o :i x w Noise c .ntrol and abatement
3 • n x x x x x Parks, forests, trees and outdoor
e _ -- A '0 recreation areas
• z
0 x x x x N x o P esticides
0 0
3 'o x - x Radiation and radiological health
n
t.
K - <
a x x x x x x x x a N Regional comprehensive planning
• '" x x IJ A N w Rodent control
-. o' N
CT- Cr 00�
x x - x N
- • N co A Sanitation and waste systems
m S
e
a x x x (J, Shellfish sanitation
x x x x x x \ NJ Soil and plant life, sedimentation,
- ° ° erosion and hydrologic conditions
x x x A x N Toxic materials
— ' x x x N Transportation and handling of
O7 hazardous materials
x x x x x A x so Water quality and water pollution control
N x x to - o Fish and wildlife NJ
T x o x A w w Activities with special impact on
__ regional jurisdictions
k illie x x o x x x w A A N Water project formulation
x J x x x - A _ w Geothermal energy
ri x x x � Oil and petroleum development,
generation and supply __
x x x x N Statewide land use patterns
x
x x x a a Open Space policy
X w Statewide overview - cumulative impact
- - -- -,_- -- V o separate projects 9134
B-3 .
APPENDIX $ FOOTNOTES
1. Agriculture - (1) Air quality and air pollution control
Effects on plants and animals
2. Agriculture - (12) Human Ecology
Protection of food and fibre
3. Agriculture - (24) Sanitation and waste systems
Agricultural, dairy and feed lot systems
4. Agriculture - (28) Transportation and handling of hazardous materials
As pertains to transportation, handling, storage and decontiamination
of pesticides.
5. Agriculture - (30) Fish and wildlife
Pesticide effects, predatory animal control,bird control
6. CRP - (1) Air quality and air pollution control
Enforcement of motor vehicle regulations
7. Public Health - (3) Coastal areas, wetlands, etc.
Beach sanitation, water pollution, solid waste and mosquito control
8. Public Health - (4) Congestion in urban areas, housing and building
displacement
Peetains to health component,
9. Public Health - (7) Environmental effects with special impact in
low- income neighborhoods
Most of these are strongly related to health
10. Public Health - (16) Navigable airways
Pertains to noise
11. Public Health - (22) Regional comprehensive planning
Pertains to personal and environmental health components
12. Public Health - (30) Wildlife
As it may pertain to human health hazards
B-
No.
13. Public Health - (31) Activities with special impact on regional jurisdictions
Pertains to comprehensive health planning
14. Colorado River Board - (2), (3), (5), (6), (8), (10), (13), (17), (19),
(21), (22), (24), (26), (27), (29), (30), (31), (32) and (33).
As pertains to the Colorado, New and Alamo Rivers
15. Fish and Game - (15) Natural gas energy development, generation and supply
As field development and distribution systems may affect fish and wildlife
16. Fish and Game - (16) Navigable airways
As may affect migrating and resident wildlife
17. Fish and Game - (18) Noise control and abatement
As excessive noise may affect wildlife
18. Fish and Game - (24) Sanitation and waste systems
As water quality may affect fish and wildlife
19. Parks and Recreation - (7) Environmental effects with special impact in
low- income neighborhoods
Tn impacted areas only
20. Reclamation Board - (8), (17) and (32)
In areas of Board's jurisdiction only
21. State Water Resources Control Board - (4), (30), (33) and (34)
As may pertain to water quality
22. Conservation - (5), (10), (20) and (23)
With respect to forest land
23. Conservation - (6) and (32)
As related to fire protection or State (fire protection) responsibility land
24. Air Resources Board - (4), (22), (32), (33) and (36)
As may pertain to residential, commercial, industrial or transportation
growth
C -1
•
Appendix C
TO: State of California
The Resources Agency
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Project Title
Project Location - Specific
Project Location - City 'Project Location - County
Description ur Nature, Purpose; and Beneficiaries of Project
Lead Agency Division
Address Where Copy of EIR is Available
'Review Period
Contact person Area Code Phone Extention
NOTICE OF INTENT Appendix D (NOTIFY BOTH) D-1
• ❑ STATE CLEARINGHOUSE ❑ METROPOLITAN CLEARINGHOUSE
THIS FORM SERVES AS THE NOTICE OF COMPLETION UNDER THE CALIFORNIA OFFICE OF THE GOVERNOR
ENVIRONMENTAL QUALITY ACT IF A REVIEW IS REQUIRED AT THE STATE OFFICE OF PLANNING AND
LEVEL ON THE ENVIRONMENTAL IMPACT REPORT OR NEGATIVE DECLARATION. RESEARCH
Illiw 1400 10TH STREET
SACRAMENTO, CALIFORNIA 95814
(916) 445 -0613
STATE OF CALIFORNIA
FORM OP11-1 (11 - 73)
STATE CLEARINGHOUSE NUMBER (SCH. NO) (1-8) TRANSACTION (9)
SEE INSTRUCTIONS ON REVERSE SIOE
SPONSOR (OR AGENCY RESPONSIBLE FOR REPORT) (12 -45) (DIVISION (46 - 74) DATE THIS FORM SUBMITTED (75 - 80)
01 MO. DAY YEAR
'
02 PROJECT TITLE (12 -71) AGENCY ACTION DATE (sEE INST) (75.801
MO. DAY YEAR
03 ADDRESS (12 -45) CITY (46 - 60) (COUNTY (61 - 75) ZIP CODE (76-81)
04 CONTACT PERSON (12 -36) (TITLE (37 - 65) AREA CODE (66 -68) (PHONE (69 - 75) EXT. (76
05 (12 - 71) PROJECT DESCRIPTION OF NATURE, PURPOSE, BENEFICIARIES ON THESE 6 LINES CAPSULIZE THE
PROJECT DESCRIPTION. YOU ARE
06 (12 -71) ENCOURAGED TO ATTACH ADDITION-
AL INFORMATION ON THE PROJECT
(12 -71) FOR THE BENEFIT OF THE REVIEW -
07 ER. IF YOU DO, THE STATE CLEAR-
(12.71) INGHOUSE WILL NEED 25 COPIES
08 OF ANY ATTACHMENTS. PLEASE
(12 -71) CHECK WITH THE METROPOLITAN
09 CLEARINGHOUSE FOR THEIR SUB-
(12 -711 MISSION REQUIREMENTS.
10
11 PROJECT LOCATION CITY (12 - 45) ( PROJECT LOCATION COUNTY (46 - 79)
(48 -56) (57 -66)
FEDERAL FUNDS MATCHING FUNDS OTHER
12 GRANT (12 -20) OTHER 121 - 291 STATE (30 - 38) LOCAL (39 -47) NON- FEDERAL FUNDS TOTAL FUNDS
lir
SOURCE OF OTHER FEDERAL FUNDS (12.34) FED. CATALOG NO, SOURCE OF STATE MATCH (35-57) SOURCE OF OTHER NON -FED. FUNDS (58 -80)
13
14 FUNDING AGENCY PROGRAM TITLE (12-80) (FEDERAL CATALOG NUMBER
15 FUNDING AGENCY NAME (12 -45) (SUB- AGENCY (46 -79)
CONGRESSIONAL DISTRICT SENATE DISTRICT ASSEMBLY DISTRICT STATE- COUNTY- MULTI-
( 12 ( ( ( ( 142-43144-45 ( 50.5) 52 53 54 55 56 57
WIDE WIDE COUNTY
16 12.13 14 -15 1G•17 18 -19 0 -21 22 -23 24-2512 6.27 28.2913 0 -31 32 -33 34.35 38.37138-3 9 40.41 46.47 48.4
Y E NO O O O C7
YES NO YES NO YES NO
TYPE OF ACTION: PROJECT SUBJECT TO REVIEW UNDER: IF PROJECT I5 PHYSICAL IN NATURE OR REQUIRES AN
(CHECK AS MANY AS APPROPRIATE) ENVIRONMENTAL DOCUMENT, LIST THE U.S. GEOLOGICAL
❑ 12 NEW SURVEY QUADRANGLE MAP IN WHICH THE PROJECT I5
[3 13 MODIFICATION IN CURRENT ❑ 58 U.S. OFFICE OF MANAGEMENT AND BUDGET LOCATED.
GRANT - CUR. SCH. NO. CIRCULAR A -95 i
(14 -21) 2.
❑ 59 MODEL CITIES PLANNED VARIATION
❑ 22 CONTINUATION GRANT . 3
SCH. NO. FROM PRE. YR.
(23 - 30) ❑ 60 NATIONAL ENVIRONMENTAL POLICY ACT 4.
❑ 3 1 RESUBMITTAL IF A PRE 5.
17 APPLICATION - ❑ 61 CALIFORNIA ENVIRONMENTAL QUALITY ACT
PRE. SCH. N0.
(32 - 39) ❑ 62 SUBDIVISION REVIEW (SECTION 11550.1 OF
REQUESTED FUND START BUSINESS & PROFESSIONS CODE) DOES YOUR AGENCY NAVE A CIVIL RIGHTS AFFIRMATIVE
(40 - 45) MON - DAY - YEAR ACTION POLICY AND PLAN
FUNDS DURATION MOS. ❑ 63 STATE ADMINISTRATIVE MANUAL (SEC. 0911)
YES ❑ 67 NO ❑ 68
(46.48)
EST. PROJECT START ❑ 64 HEALTH RELATED (SEC. 437.5 OF HEALTH
(49 -54) MON - DAY - YEAR AND SAFETY CODE) WILL THE PROJECT REQUIRE RELOCATION
EST. PROJECT DURATION MOS. ❑ 65 LEASE OF STATE LANDS
(55 -57) ❑ 66 OTHER: YES ❑ 69 NO ❑ 70
I5 ENVIRONMENTAL DOCUMENT REVIEW REQUIRED? YES ❑ 12 NO ❑ 13
IF YES- IFNO -
❑ 14 ENVIRONMENTAL IMPACT STATEMENT (REPORT) ATTACHED ❑ 25 FEDERAL PROGRAM DOES NOT REQUIRE AN ENVIRONMENTAL DOCUMENT
❑ 15 DRAFT EIR ❑ 16 FINAL EIR ❑ 26 PROJECT EXEMPT UNDER STATE CATEGORICAL EXEMPTION,
17 NEGATIVE DECLARATION ATTACHED
R
18 NONE ATTACHED - DOCUMENT WILL BE FORWARDED ON (27 - 28)
APPROXIMATELY
MON DAY YEAR (19 - 24)
LIST LOCAL, COUNTYWIDE, REGIONAL, STATE OR FEDERAL AGENCIES WITH WHICH COORDINATION HAS BEEN ESTABLISHED.
19
SPONSOR'S PROJECT I.D. NUMBER (OPTIONAL) (12 - 21) SIGNATURE OF AUTHORIZED REPRESENTATIVE
1 • /�4
it • CONTINUATION SHUT •
* FOR FILING ADMINISTRATIVE REGULATIONS
•
WITH THE SECRETARY OF STATE
(Pursuant to Government Code Section 11380.1)
ENYIROWNEIr?AL IMPACT REPORT PROCESS Appendix A
ihr FLOW CHART
Public Agency evaluates Proposed Activity to No possible
determine If there 1s a possibility that the significant
Activity msy have a significant effect on the effect
6 Environment.
Det rmtnetion of
app inability of CEQA
Possible significant effect
1 No EIR required
under the California
Environmental
Quality Act (CEQA)
1”............... ...... i Public Agency determines if Activity is a ^ `
project Non - project
Project `
I k
le
Public Agency determine. If "project"
`
Ministerial, Emergency or U:ecretionary. Ministerial projsc
,Emergency project 4
I i
Discre
J. t
1
Public Agency determines if "protect" Categorically exempt
Is categorically exempt.
I R
• •
r
4
a
Not Categorically Exempt
j Determination of Public Agency undertakes initial study Responsible Agency
CI Lead Agency where i.„.... to determine if "project" will not have Will not have files Negative
_ more than one agency 1 3 a significant effect on the significant effeet Deolaration with
I- L is involved I environment appropriate agency '^��
Z prior
Id
l ant of p roject.
May have signif effect .f
re
3 1 '
t- I Responsible Agency prepares or causes to be
0 prepared a draft EIR, (If Lead Agency:
Z Consultation with appropriate other agencies.)
0
O
1
Responsible Agency files Notice of Completion with
Secretary for Resources and distributes draft EIR
for comments.
Consultation with Public Agencies Consultation with persons having I
having jurisdiction by law special expertise with regard to any
environmental impact Involved
Responsible Agency prepares Final EIR reelecting
reactions to significant review commence.
•
•
Y
Consideration and Approval of Final EIR
by decision - making body.
1 1 NOTE: This flow chart Ss intended to merely Slluatrate
the EIR process contemplated by thane OUlde11nee.
The language contained In the Guidelines should
I Decision on "project" I control in case of discrepancies.
/ \ .
State Agencies Looal Agencies '
1 . . 7/o s•71 acM Oa? 1
Pile Notice of Determination File Notice of Determination
with Secretary for with County Clerk A -1
Resources
_ -- .... Neu ICt.'t.Q - ..0
w
4