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HomeMy WebLinkAbout73-41 1 2 4 6 8 9 10 11 1,?, 18 14 15 16 1'/ 18 19 80 81 RESOLUTION NO. 73-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE CALI- FORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AS AMENDED (PUBLIC RESOURCES CODE §2100 et seq.) Whereas, the City Council of the City of Ukiah previously adopted Resolution No. 73-35 implementing the Environmental Quality Act of 1970; and Whereas, said Act, as recently amended, requires (Public Resources Code ~21082) that Local Agencies adopt guidelines which are consistent with those guidelines adopted by the State Secretary of Resources, said guide- lines being adopted by the Secretary February 3, 1973. Now, Therefore, It is Hereby Resolved that the City Council of the City of Ukiah hereby adopts the following guidelines for implementation of the California Environmental Quality Act of 1970, as amended: ARTICLE 1. General Provisions Section 1. Responsibility: It shall be the responsibility of the City of Ukiah Planning Commission to insure that these guidelines are implemented and used in compliance with the California Environmental Quality Act of 1970,~as amended. Section 2. Purpose: The purpose of these guidelines is to provide principles, objectives, criteria and definitions of statewide as well as local application to be used in the orderly evaluation of projects and the preparation of environmental impact reports° Section 3. Policy: The policy, as declared by the State Legislature, to be carried out at the local level is 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, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise. · -1- (c) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history. (d) Insure 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 prodecures necessary to protect environmental quality. (g) Require governmental agencies at all levels to consider quali- tative 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 proposed actions affecting the environment. Section 4. Definitions: Whenever the following words are used in these guidelines, unless otherwise defined, they shall have the meaning ascribed to them in this section. These definitions are intended to clarify but not replace or negate the definitions used in the California Environmental Quality Act. (a) ~ means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances° Legislative action in regard to a project often constitutes approval. In connection with private activities, approval occurs upon the earliest conmi~mntto issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certifi- cate, or other entitlement for use of the project. -2- 1 2 8 4 6 ? 8 9 10 11 12 18 14 16 17 18 19 20 28 26 28 29 80 81 (b) CEQA - California Environmental Quality Act. Environmental Quality Act (CEQA) means California Public Resources Code Sections 21000 through 21174. (c) ~ate~orical Exemption. Categorical Exemption means an exception from the requirement for the preparation of an environmental impact report for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. (d) City. City shall mean the City of Ukiah through its authorized representatives. (e) 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 of body in the process of approving or disapproving a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. (f) Emergency° Emergency means a sudden and catastrophic calamity caused by an occurrence or combination of occurrences of state- wide or local impact, such as fire, flood, earthquake or other natural disaster, riot, war, accident, or sabotage. (g) Environment. 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. (h) EIR - Environmental Impact Report. Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act. (1) Draft EIR means an EIR containing the information specified in Article 4, Sections 2, 3 and 4 of these Guidelines. -3- 1 4 $ ? 8 10 11 18 14 15 17 18 19 20 8O 81 (2) Final EIR means an EIR containing the information specified in Article 4, Sections 2, 3 and 4 of these Guidelines, a section for comments received in the consultation process, and the response of the Responsible Agency to the comments received. This term is discussed in detail in Article 4, Section 6. (i) ElS - Environmental Impact Statement: Environmental Impact State- ment (ELS) means an environmental impact report prepared pur- suant to the National Environmental Police Act (NEPA). The Federal Government uses the term ElS in the place of the term EIR which is used in CEQA. (j) Feasible. Feasible means capable of being accomplished in a successful manner by reasonably available, economic, and workable means. (k) L__ead Agency. Lead Agency means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect on the environment where more than one public agency is involved with the same underlying activity. (1) 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, special district, redevelopment agencies and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency. (m) 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 -4- 1 4 $ 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° (n) Negative Declaration. Negative declaration means a statement by the public agency that will carry out or approve a project that a project, although not categorically exempt, would not have a significant effect on the environment and therefore does not require an EIR. The term "Exemption Declaration" is inter- changeable with the term "Negative Declaration". (o) Notice of Completion. Notice of Completion means a brief report filed with the Secretary for Resources as soon as a public agency has completed a draft EIR and is prepared to send out copies for review. The contents of this notice are explained in Article 2, Section 6(c). (p) Notice of Determination. Notice of Determination means a brief notice to be filed by a public agency when it approves or determine to carry out a project which is subject to the requirements of CEQA. The contents of this report are explained in Article 2, Section 6(g) o (q) Person. Person includes any person, firm, association, organiza- tion, partnership, business, trust, corporation, company, district, county, city and county, city, town, the State, and any of the agencies' political subdivisions of such entities. (r) Project. (1) Project means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: -5- 1 8 4 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 existing public structures, enactment and amendment of zoning ordinances, and the adoption of local General Plans or elements thereof. 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. An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitle- ment for use by one or more public agencies. (2) Project does not include: Anything specifically exemped by state law: Proposals for legislation to be enacted by the state Legislature. Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies. The submittal of proposals to a vote of the people of the State or of a particular com- munity. (s) Public Agency. Public agency includes any state agency, board, or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the State. This term does not include agencies of the federal government. (t) Responsibl~e Agency. Responsible agency means the public agency which proposes to undertake or approve a project, and is -6- 1 4 $ 6 ? 8 9 10 11 14 16 1'/ 18 19 responsible for making a Negative Declaration or for the preparation of an EIR. (u) Significant Effect. Significant effect means a substantial adverse impact on the environment. Section 5. Application of CEQA to Projects: The requirements set forth in these Guidelines apply to projects which may have a significant effect on the environment and which involve discretionary governmental action. Where it can be seen with certainty that 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. Section 6. State and Local Agency Projects (Public Proiects). (a) When a public agency plans to carry out a project which may have a significant effect on the environment, the City shall prepare an EIR through its own efforts through contract or require the developer to prepare the EIR and submit it for review. (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 City will prepare an EIR by its own efforts, by contract or require the developer to prepare the EIR and submit it for review. The City may require the person to supply data and information, both to determine whether the project may have a significant impact on the environment, and to assist in the preparation of an EIR by the City. A fee of $50.00 shall be charged for the initial evaluation undertaken by City. This information may take the form of a draft EIR, if the City desires. The City for preparing EIRs for project to be carried -7- 1 out by some person or entity other than the City 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. The City may charge and collect a fee from members of the public for the actual cost of reproducing a copy of an EIR requested by the member of the public. (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 City will prepare the EIR or Negative Declaration. (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 Article 4, Section 4 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 modification according to the regulations governing the lead agency principle, that not more than one EIR shall be prepared in connection with the same underlying activity. Section 7. Private Projects: Projects undertaken by a person other than a public agency which are supported in whole or part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies or which involve the issuance to a person of a lease, permit, license, certificate, or other entitlement to use by the City -8- require the preparation of an environmental impact report if the project may have a significant effect on the environment and the project involves discretionary governmental action unless the project is otherwise exempted by these Guidelines° The City having disretionary control over the project shall be responsible for preparing the EIR through its own efforts through contract or require the developer to prepare the EIR and submit it for review. The City may require the person to supply data and information, both to determine whether the project may have a significant impact on the environment, and to assist in the preparation of an EIR by the City. A fee of $50.00 shall be charged for the initial evaluation undertaken by the City. This information may take the form of a draft EIR, if the City desires. The City for preparing EIRs for projects to be carried out by some person or entity other than the City itself may charge and collect a reasonable fee from such person or entity, in order to recover the es- timated cost incurred in preparing the EIR. The City may charge and collect a fee from members of the public for the actual cost of reproducing a copy of an EIR requested by the member of the public. Section 8. Federa. 1 Projects: In cases where these Guidelines require the preparation of an EIR by a responsible agency and an ElS 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 theret~ 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 ElS or the part thereof so used, shall comply with the requirements of these Guide- lines. In most cases where the federal ElS is used, discussion of mitiga- tion 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. Section 9. S.~bse~uent 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 the original EIR; -9- 8 6 ? 8 9 10 11 18 16 17 18 19 28 8O 81 8'2 (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 original EIR. Section 10. Use of a Single EIR. The City and others 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 City and others may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. Agencies and persons may elect to write EIRs in advance for entire programs or regulations, in order to be prepared for project applica- tions to come. Whenever an agency or person chooses to utilize any of these alternatives, however, it must find that the environmental effects of the projects are similar enough to warrant the same treatment in an EIR and that the EIR will adequately cover the impacts of any single project. If these tests are not met, an agency or person should amend the EIR it prepares for a program to apply it to an individual project with unusual characteristics. Section 11. 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 City or Lead Agency must prepare a single EIR for the ultimate project. Where an an individual project is a necessary precedent for action on a larger project, or commits the City to a larger project, with significant environmental effect, an EIR must address itself to the scope of the larger project, subject to the limitation of Section 11 of these Guidelines. 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 City may prepare one EIR for all projects, or one for each project, but -10- 1 2 should in either case comment upon the combined effect. Section 12. Emergency.~rojects. The following emergency projects are exempt from the requirement for an environmental impact report: (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. Section 13. Feasibility and Planning Studies. A project involving only feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded does not require the preparation of an environmental impact report but does require consideration of environ- mental factors as required by Section 21102 of CEQA. Section 14. Ministerial Projects. Ministerial projects do not require the preparation of environmental impact reports. In the absence of any dis- cretionary provisions contained in the City's ordinances, it shall be presumed that the following actions are ministerial: (a) Issuance of building permits and related permits. (b) Issuance of business licenses. (c) Approval of final subdivision maps° (d) Approval of individual utility service connections and dis- connections. ARTICLE 2. Evaluating Projects Section 1. Initial Stud~. If the project is not part of a class of pro- jects that qualifies for a Categorical Exemption and there is a possibility -11- 1 4 that the project may have a significant effect on the environment, the City shall conduct an initial study to determine if the project may have a significant effect on the environment. If any of the effects of a project may have a substantial adverse impact on the environment, regard- less 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 City may require such person to submit data and information which will enable the City to make this determination. Section 2. 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 City, based to the extent possible on scientific and factual data. An iron clad definition of significant effect is not possible because the significance of any activity may vary with the setting. There may be a difference of opinion on whether a particular effect should be considered adverse or beneficial, but where there is, or anticipated to be, a sub- stantial body of opinion that considers or will consider the effect to be adverse, the public agency should prepare an EIR to explore the environmental effects involved. (b) In evaluating the significance of the environmental effect of a project, the City shall consider both primary and secondary con- sequences. 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 con- sequences 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). -12- 1 4 $ 6 ? $ 9 10 11 15 14 16 17 18 19 $0 $1 (c) Some examples of consequences which may have a significant effect on the environment in connection with most projects where they occur, include the following: (1) Is in conflict with environmental plans and goals that have been adopted by the City of Ukiah; (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; (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)Is subject to major geologic hazards Section 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 will be found to have a significant effect on the environment: (a) Impacts which have the potential to degrade the quality of the environment, 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 environ- ment 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 impact on two or more separate resources where the impact on each resource is -13- 1 4 $ 6 ? 8 9 10 11 14 16 17 18 19 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. Section 4. Negative Declaration. A Negative Declaration shall be prepared for a project which would ordinarily be expected to have significant effect on the environment, but which the City finds will have no significant effect on the environment due to circumstances peculiar to the specific project. (a) A Negative Declaration must include a description of the project as proposed, and a finding that the project will not have a significant effect on the environment. (b) The Negative Declaration followed by notice of the action taken regarding the approval or disapproval of the project must be filed with the county clerk of Mendocino County, in which the project will be located. The Negative Declaration shall be filed with sufficient time before the project is approved to pro- vide an opportunity for members of the public to respond to the finding. The Negative Declaration should not exceed one page in length. (c) After completing a Negative Declaration, the City shall file a copy of the Negative Declaration and a Notice of Determination with the County Clerk of Mendocino County. The Notice of Determination shall include the decision of the City to approve or disapprove the project, the determination of the City whether the project will have a significant effect on the environment, and whether an EIR has been prepared pursuant to the provisions of CEQA. -14- Section 5. Decision to Prepare an EIR. If the City finds, after an initial study, that the project may have a significant effect on the environment, the City must prepare or cause to be prepared an Environmental Impact Report. Section 6o EIR Process. The following steps shall be followed after the City decides to prepare an EIR. (a) If the project is to be carried out by a nongovernmental person, the City may require such person to submit data and information necessary to enable the City to prepare the EIR. This information may be transmitted in the form of a draft EIR, but the City must examine this draft and the information contained within it to assure itself of its accuracy and objectivity and amend the draft as necessary. The EIR in its final form must reflect the independent judgment of the City. (b) The content of an EIR is described in Article 9 of these Guide- lines. Each element of an EIR required by these Guidelines must be covered, and these elements should be separated into distinct sections. After completing a draft EIR consisting of the information specified in Sections 15141, 15142, and 15143 of these Guidelines, the City 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 shall 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 of the Resources Agency. The notice shall include a brief description of the 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. -15- 1 8 4 $ $ ? 8 10 11 18 14 15 17 18 8O 81 (d) The City shall evaluate comments received from persons who re- viewed the draft EIR. (e) The City shall prepare a final EIR. The contents of a final EIR are specified in Article 4, Section 6 of these Guidelines. (f) The final EIR shall be presented to the decision making body of the City. The decision making body shall adopt the final EIR and consider the contents of the report when it makes a decision on the project. (g) After making a decision on the project, the City 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 City to approve or disapprove the project, (2) the determination of the agency whether the project will or will not have a significant effect on the environment, and (3) whether an EIR has been prepared pursuant to the provisions of CEQA. Said notice shall be filed with the County Clerk of Mendocino County. Section 7. EIR Combined with Existing Planning and Review Process. To the extent possible, the EIR process should be combined with the existing planning, review, and project approval process being used by the City. The City shall include the EIR as a part of the regular project report where such a report is used in the existing review and budgetary process. ARTICLE 3. Categorical Exemptions Section 1. Categorical Exemptions. Pursuant to the mandate of Section 21084 of the Public Resources Code the Secretary of Resources of the State of California has found that the following classes of projects listed in this article have no significant effect on the environment and they are declared to be categorically exempt from the requirements of the EQA and these guidelines. -16- Section 2. 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 convey or distribute electric power, natural gas, sewage, etc.; (c) Existing highways and streets (within already established rights- of-way) sidewalks, gutters, bicycle and pedestrian trains, 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, landslide 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 structure before the addition or alteration, or 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 equipment, or topographical features (including navigational devices) where these devices do not have or result in an adverse environmental impact; (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 -17- 1 2 8 6 8 9 10 11 1,9, 18 14 11~ 16 1"/ 18 19 ~0 P,.1. ~8 ,gq, ~8 ~9 80 81 8'2 defined in Division 7, Chapter 2, California Agricultural Code); (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (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 consequence as officially designated by Federal, State or local governmental action. Section 3. Class 2: ~eplacement 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 50%° (b) Replacement of a commercial structure with a new structure of substantially the same size and purpose. Section 4. Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures listed in this classan~,~ installation of new equipment and facilities including but not limited to: (a) Single family residence not in conjunction with the building of two or more such units. (b) Motels, apartments, and duplexes designed for not more than four -18- dwelling units if not in conjunction with the building of two or more such structures. (c) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the build- ing 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. Section 5. Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegeta- tion, including but 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 government action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping but not including tree removal. (c) Filling of earth into previously excavated land with material compatible with the natur, al features of the site; (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management area of fish pro- duction 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. Section 6. Class 5: Altez~ions_ in Land Use Limitations. Class 5 consists of minor alterations in land use limitations, except zoning, in- cluding but not limited to: -19- 8 4 $ 6 8 9 10 15 16 17 18 19 (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. Section 7. 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 the City has not yet approved, adopted or funded. Section 8. Class 7: ~egulatory Actions for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource, including but not limited to wildlife preservation, nt. Section 9. Class 8: ~e_gulatory Actions for the Protectioq of the En.~ironme Class 8 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. Section 10. 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. Section 11. Class 10: Loans° Class 10 consists of loans made by the Department of Verterans Affairs under Farm and Home Purchase Act of 1943. Section 12. Class 11: Accessory Structures° Class 11 consists of con- struction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional fa~.~ilities, including but not limited to: 1 2 4 (a) On-premise signs. (b) Small parking lots. Section 13. Class 12' S~rplus Government Property Salep. Class 12 consists of sales of surplus government property except for parcels of land. Section 14o Exception by Location. Class 3, 4, 5 and 11 are qualified by considerations of where the project is to be located -- a project that is ~rdinarily insignificant in its impact on the environment may in a parti- cularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental resource, or hazard of critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law. 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 Class 1. ARTICLE 4. Contents of Environmental Impact Reports Section 1. General. Environmental impact reports shall contain the information outlined in this article. Section 2. Description of Project. The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (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, considering the principal engineer- ing proposals. Section 3. Description of Environmental Setting. An EIR must include a description of the environment in the vicinity of the project, as it exists before commencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the -21- 1 8 4 $ 6 ? 8 9 10 11 14 15 16 17 18 19 20 21 28 '2'I 29 80 81 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. Section 4. Environmental Impact. All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. (a) 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. 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 re- duced 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° Do not neglect impacts on any aesthetically valu- able surroundings, 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 insignifi- cant levels, and the basis for considering these levels acceptable. Where a particular mitigation measure has been chosen from among -22- 1 2 several alternatives should be discussed and reasons should be given for the choice made. (d) Alternatives to the Proposed Action: Describe any known alternatives to the project, or to the loca- tion 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. Attention should be paid to alternatives capable of substantially reducing or eliminating any' environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives, and are more costly° (e) The Relationship Between Local Short-Term Uses of Man's Environ- ment and the Maintenance and Enhancement of LQng-Tem~ Productivity: Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be ex- plained. (f) ~ny 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 commit- ment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future generations to similar uses. Also irrever- -23- 1 2 4 $ 6 ? 8 10 11 1,~ 18 14 15 17 18 ~0 1tl ~8 ~4 80 81 sible 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 mom construction in service areas). Increases in the population may further tax existing community service facilities so con- sideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. Section 5. 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 or agency preparing the EIR, by contract or other authorization must be given. Section 6. Contents of Final Environmental Impact Report. (a) The Final EIR shall consist of the Draft EIR containing the elements described in Article 4, Sections 2, 3 and 4 of these Guidelines, a section containing the comments received through the consultation process described in Article 5, either verbatim or in summary, and the response of the City to the sig- nigicant environmental points raised in the review and consulta- tion process. -24- (b) The response of the City 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 City'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. ARTICLE 5. Evaluation of Environmental Impact Reports and Negative Declaration Section 1. ~dequate Time for Review and Comment. The City shall provice adequate time for other public agencies and members of the public to review and comment on an EIR that it has prepared or caused to be prepared. (a) At the time the City completes its draft EIR it will file a Notice of Completion with the Secretary of the Resources Agency. (b) At the time the City completes its draft EIR it will send notice to the property owners adjacent to the proposed project informing them of the draft, and stating that they have 15 calendar days to respond if they so choose. (c) City shall send copies to other agencies required to respond to the EIR and may consult with others as is determined to be necessary. Response in these cases should be requested within 30 calendar days. (d) At the time the City complete a Negative Declaration it will send notice to the property owners adjacent to the proposed project informing them of the declaration, and stating that they have 15 calendar days to respond if they so choose. (e) A review period for an EIR or Negative Declaration does not require a halt in other planning activities related to a project. Planning should continue in conjunction with environmental evaluation. -25- (f) Reviewers should focus on the sufficiency of the EIR or Negative Declaration in discussing possible impacts upon the environment, ways in which adverse affects might be minimized, and alternatives to the project, in light of the intent of the EQA to provide decision makers wi~h useful information about such factors. Section 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 City, it shall be assumed, absent a request for a specific extention of time, that such agency or person has no comment to make. Section 3. Requests for Environmental Documents. The City, 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. Section 4. Public Hearings. At the time the City holds its regular public hearing relating to the approval or disapproval of a proposed project the EIR or negative declaration shall be heard at the same time. Notice of the regular public hearing shall give notice of the consideration of the EIR or negative declaration as well. PASSED AND ADOPTED this 4th day of April, 1973, by the following roll call vote: AYES: Councilmen Weinkauf, Norgard, Buxton, Pearson & Mayor Simpson NOES: None ABSENT: None ATTEST: Mayo~ City Clerk -26-