HomeMy WebLinkAbout1977-01-27 - Resolution No. 77-02.
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RESOLUTION NO. 77- 2
PRMNTED TO E10. of DAR.
Y. L. C. W, D. ON
RESOLUTION 01' Ti11; POARD OF illl-1 CTORS OF
JAN 2 'I 1977
YORBA _LINDA COUNTY WATER DISTRICT
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R PI-:ALIiNC7 I;E OIaTJ`c1:Gt~1 IdC:). 75-2 AND
ADOPTING NFVi OBJ.EC^1IVES, C I f_'.i'I ~::CA AI4D
PROCEDURES IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The Board
of Directors of YORBA LINDA COUNTY WATER
DISTRICT
hereby resolves as follows:_~~
Resoluti on 'No. 75-2 , ent:.i. tied "Resolution of the Board
of Di_i`e furs of YORBA_.1IM-A_ C91aU. _Y-- WAT,R_1?1 TB.'Adopting
Orjectives, Criteria an(a Procedures Traplemlenting the California
Environmental Quality ad.optt..d by this Bcard on the 3rd
day of April 1975, hereby is repealed in its entirety.
The objectives, criteria and procedures to be used by this
District in implementing the California Environmental Quality Act
shall be as follows:
ARTICLE I - GENERAL,
Section 1. Purposes. This Resolution implements the purposes and
provisions of the California. Environmental- Quality Act of
1970 as amended by Chapter 1312 of the Statutes of 1976
(:Hereinafter referred' to as "CEQA") and the Guidelines for
Implementation of the CEQA of 1970 which have been adopted
by the California Resources Agency (hereinafter- referred to
as "Guidel.in.es"). The enhancement and long-term protection
of the environment and the encouragenien.t of public partici-
paC_i-on in achieving these goals are objectives of this measure.
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Section 2. Objectives. From time to time and under circumstances
as outlined by L i s Resolution, a document-_ knot,-n as an environ-
mental impact report (hereinafter referred to as an FIR) must
be prepared as a preregLi kite to approval of a project. The
functions of an EIR are to inform the Board of Directors of the
environmental effects of proposed projects, of methods of re-
ducing adverse impacts, and of alternatives to projects. The
envixona,,ental effects set forth in the report are to he evalu--
ated by the Board of Directors before a project is approvecl.
The Board retains existing, author.it,, to balance environmental
objectives with econoiudc, . ociEil, a.r'd. other relevant ohjeuti.vns
of the proposod. project, however, major consideration wi.1.1 be
cr:i_ven to preventing environmental damage,
Section 3. Judicial Intent. The courts of this state have found
tI~e fol_.towing polio ies to he implicit in CEQA:
(a) The EIR requirement is the heart of CEQA. (County
of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(b) The EIR serves not only to protect the environment but
also to demonstrate to the public that it is being protected.
(County of Inyyo v. Yorty, 32 Cal. App. 3d 795.)
(c) The EIR is to inform other governmental agencies anc'i the
public generally of the environmental impact of a proposed
project. (No Oil, Inc. v. City of Los Angeles, 13 C.3d 68.)
(d) The EIR is to demonstrate to an apprehensive citizenry
that the agency has in fact analyzed and considered the ecologi-
cal implications of its action. (People ex rel. Department of
Public Works v. Bosio, 47 Cal. App. 3d 495.)
(e) The EIR process will enable the public to determine the
environmental and economic values of their elected and appoin-
ted officials thus allowing for appropriate action come elec-
tion day should a majority of the voters disagree. (People
v. County of Kern, 39 Cal. App. 3d 830.)
(f) CEQA was intended to be interpreted in such manner as to
afford the fullest possible protection to the environment with-
in the reasonable scope of the statutory language. (Frie_n_(_l_~_;
of Mammoth v. Board of Supervisors, 8 C.3d 247.)
ARTICLE II - APPLICABILITY
Section 4. Scope of Applicability. This Resolution applies to
all projects which may have a significant effect on the en-
vironment involving discretionary decision-making on the
part of the District, and which do not fall within any
class of categorical. exemptions set forth in Article 8 of
the Guidelines and in Article VII hereof, are not emergency
projects within the meaning of Article IV hereof, and which
do not constitute feasibility or planning projects as
described in Article V hereof.
Section 5. Ministerial Protects.
A. This Resolution does not apply to ministerial projects
approved by the District. Generally speaking, a ministerial
project is one requiring approval. by the District as a matter
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of law or one involving minimal independent exercise of judg-
ment by the District as to its wisdom or propriety. Examples
of such projects include, but are not limited to, individual
utility service connections and disconnections, agreements
to install in-tract utility facilities to subdivisions which
have been approved by other appropriate governmental agencies,
and utility service connections and disconnections to potential
customers within such subdivisions. In summary, a ministerial
decision involves only the use of fixed standards or objective
measurements without personal judgment.
B. The decision as to whether or not a proposed project is
ministerial in nature, and thus outside the scope of this
enactment, shall be made by the District on a case-by-case
basis.
ARTICLE III - DEFINITIONS
Whenever the following terms are used in this Resolution, they
shall have the following meaning unless otherwise expressly
defined:
Section 6. Approval means a decision by the District which con-nits
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 pro-
ceed with a project. As respects private projects defined
in Section 23 A (2) and (3), approval shall be deemed to occur
upon the earliest commitment to issue or the issuance by the
District of a discretionary contract, grant, subsidy, loan,
or other form of financial assistance, lease, permit, license,
certificate, or other entitlement for use of the project.
For purposes of this Resolution, all environmental assess-
ments must be completed as of the time of project approval.
Section 7. Board means the Board of Directors of YORBA LINDA
CQUILTX_WATER _ District.
Section 8. Categorical Exemption means an exemption from the re-
quirement of preparing a negative declaration or an EIR even
though the proposed project is discretionary in nature, as
more particularly described in Article VII infra.
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Section 9. Cumulative Impacts refer to two or more individual
effects which, when considered together, are considerable or
which compound or increase other environmental impacts. The
individual effects may be changes resulting from a single
project or a number of sepa.r.atc~ projc_•ct s.
Section 10. District means the. YORBA LINDA COUNTY
--DPA"TER District.
Section 11. Emergency means a sudden, unexpected occurrence demand-
ing immediate action to prevent or mitigate loss or damage
to life, health, property, or essential public services.
Emergency includes such occurrences as fire, flood, earthquake,
or other soil or geologic movements as well as such occurrences
as riot, accident or sabotage.
Section 12. 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.
Section 12.5 Environmental Documents_ means draft and final EIR's,
initial studies, negative declarations, notices of completion,
and notices of determination.
Section 13. 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
30 and may mean either a draft or a final EIR, provided that
information or data which is relevant to such a statement and
is a matter of public record or is generally available to the
public need not be repeated in its entirety in such statement,
but may be specifically cited as the source for conclusions
stated therein; and provided further that such information or
data shall be briefly described, that its relationship to the
Environmental Impact Report shall be indicated, and that the
source thereof shall be reasonably available for inspection
at a public place or public building. An Environmental Impact
Report also includes any comments which are obtained pursuant
to Sections 21104 or 21153.
An Environmental Impact Report is an informational document
which, when its preparation is required by this resolution,
shall be considered by every public agency prior to its appro-
val or disapproval of a project. The purpose of an Environmental
Impact Report is to provide public agencies and the public in
general with detailed information about the effect which a
proposed project is likely to have on the environment; to list
ways in which the significant effects of such a project might
be minimized; and to indicate alternatives to such a project.
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Section 1.4. EIS T Environmental fact Statement means an EIR
prepared pursuant to thcNational Environmental Policy Act
(NEPA).
Section 15. Feasible means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, social and technological
factors.
Section 16. Guidelines means the Guidelines for Implementation of
the CEQA of 1970 adopted by the California Resources Agency
as they now exist or hereafter may be amended.
Section 16.5 Initial Stud means a preliminary analysis prepared
by the lead agency to determine whether an EIR or a negative
declaration must be prepared for a project.
Section 17. Jurisdiction by Law.
(a) Jurisdiction by law means the authority of any public
agency (1) to grant a permit or other entitlement for use,
(2) to provide funding for the project in question, or (3)
to exercise authority over resources which may be affected
by the project.
(b) A city or county will have jurisdiction by law with
respect to a project when the city or county is the site
of the project, the area in which the major environmental
effects will occur, and/or the area in which reside those
citizens most directly concerned by any such environmental
effects.
Section 18. Lead Agency means
principal responsibility
ments and carrying out or
have a significant effect
than one public agency is
lying activity.
the public agency which has the
for preparing environmental docu-
approving a project which may
on the environment whei.e more
involved with the same under-
Section 19. Negative Declaration means a written sta~_ement by the
lead agency determining that the proposed project, although
not otherwise exempt, will not have a significant effect on
the environment and therefore does not require the preparation
of an EIR presenting the reasons for this determination.
Section 20. Notice_ of Completion means a brief notice filed with-
the Secretary for Resources as soon as the District has
completed a draft EIR and is prepared to send out copies
for review.
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Section 21. Notice of Determination means a brief notice to be
filed by the District after it approves or determines to carry
out a project which is subject to the requirements of CEQA.
Section 22. Notice of Exemption means a brief notice which may
be filed by a public agency when it has approved or deter-
mined to carry out a project, and it has determined that
it is ministerial, categorically exempt or an emergency
project. Such a notice may also be filed by an applicant
where such a determination has been made by a public agency,
which must approve the project.
Section 23. 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 sub-
divisions.
Section 24. Project.
A. Project means the whole of an action, resulting in
physical impact oil 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;
(3) an activity involving the issuance by the District
to a person of a lease, permit, license, certificate, or
other entitlement for use.
B. Project does not include:
(1) anything specifically exempted by state law;
(2) proposals for legislation to be enacted by the
State Legislature other than requests by state agencies
for authorization or funding for projects independent
from the Budget Act;
(3) continuing administrative or maintenance activ-
ities, 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; and,
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(4) the submittal of proposals to a vote of the
people of the state or of a particular co:-:munity, i.e.,
the District.
C. The term "project" refers to the underlying activity
which is being approved and which may be subject to several
discretionary approvals by governmental agencies. The term
"project" does not mean each separate governmental approval.
Section 25. Si_gn_i_fican_t 'Effect on the Environment means a substan-
tial or potentially substantial, adverse change in any of the
physical conditions within the area affected by the activity
including land, air, water, minerals, flora, fauna, ambient
noise and objects of historic or aesthetic significance.
Section 26. District's Staff means the District's Manager, and/or
His designees.
ARTICLE IV - E14ERGENCY PROJECTS
Section 27. The following emergency projects do not require the
preparation of a negative declaration or an EIR and thus,
are outside the scope of this Resolution:
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 any of the District's facilities
necessary to maintain service.
C. Specifications undertaken necessary to prevent or
mitigate an emergency shall be exempt from the application
of. CEQA and no environmental documents are required.
ARTICLE V - FEASIBILITY AND
PLANNING STUDIES
Section 28. Feasibility and planning studies of potential pro-
jects undertaken by the City are specifically excepted from
the requirements of CEQA and thus are outside the scope of
this Resolution, although such studies may contain considera-
tion of environmental factors incident to the potential project.
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ARTICLE VI - TIMELY COMPLIANCE
Section 29. Time periods for completing EIRs and Negative
Declarations on private projects for which the District
will grant a lease, license, permit, certificate, or
othi .,r entitlement to use shall be as follows:
(1) The time period for the completion of a final
EIR or 1egative Declaration shall not exceed one year
front the date of receipt of an application for a project
to the date of completion ready for certification by
the agency under any circumstances.
(2) The date of receipt of the application shall be
deemed to be the date on which a completed application
requesting approval of the project is received by the District.
(3) The time periods shall allow time for the
following functions:
(a) Initial Study. The Initial Study shall
be completed within 30 days.
(b) Negative Declaration. Where the Initial
Study shows that a Negative Declaration should be
prepared, the Negative Declaration shall be completed
in not less than 7 nor more than 30 days.
(c) Draft EIR. Where an EIR will be prepared as
a result of an Initial Study under the following cir-
cumstances, the following time periods shall apply:
(i) Where the applicant provides detailed
data and information in the form of a draft EIR
describing the project, reviewing, evaluating, and
revising the information into a draft EIR repre-
senting the views of the Lead Agency shall be
completed in 14 to 45 days from the completion
of the Initial Study.
(ii) Where the draft EIR is prepared with the
majority of the work being done by the staff of
the Lead Agency or by a consultant under contract
with the Lead Agency, the draft EIR shall be pre-
pared within 30 days to 270 days, depending on the
complexities of the environmental impacts involved,
from the completion of the Initial Study.
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(d) Public Review. The public review period for
draft EIRs shall be 60 days. Notice and public hearings
may be held during this time.
(c) Responses to comments. The time necessary to
prepare responses to comments will vary according to
the number and complexity of the comments. The response
may take the form of rebuttal to specific comments, or
it may take the form of a completely revised EIR or
Negative Declaration. The following time periods shall
be allowed under tl;e circumstances described:
(i) One day if no comments are received. This
one day will be necessary to verify that no comments
have been received.
(ii) one week if less than 10 comments are
received and the comments do not raise complex issues.
(iii) Three weeks if ten or more comments arc.,
received-and the continents do not raise difficult
issues.
(iv) One month if the comments raise complex
issues.
(f) Submission of the final EIR. The submission
of the final EIR to the decision making body shall mark
the end of the required time for preparing the EIR under
Section 21151.5.
(g) Submission of Negative Declaration. The sub-
mission of a Negative Declaration to the decision maker
with comments and proposed agency responses shall mark
the end of the required time for preparing a Negative
Declaration under Section 21151.5.
(h) A reasonable extension of the time period may
be provided in the event that:
(i) Unforeseen circumstances justify additional
time, and
(ii) The project applicant consents to the
extension.
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ARTICLE VII - MASTER ENVIRONMENTAL ASSESSMENT
Section 30.
(a) General. The District may prepare a master environ-
mental assessment for all, or a portion of., the territory
within its jurisdiction in order to provide data and other
information which may be used or referenced in EIRs or
Negative Declarations.
(b) Contents. A master environmental assessment should
contain an inventory of the physical and biological character-
istics of the area for which it is prepared and may contain
such additional data and information as the local agency deter-
mines is useful or necessary to describe environmental charac-
teristics of the area, including identification of existing
levels of quality and supply of air and water, and generalized
increin,:__ntal effects of different categories of development
projects by types, scale, and location.
(c) Preparation. A master environmental assessment shall
be adopted ana certified as adequate by resolution of the
Boaru. of Directors, following the provisions for public notice
and opportunities for review and comment as set forth in these
Guidelines for EIRs and Negative Declarations. The informa-
tion contained in a master environmental assessment shall be
reviewed periodically and revised as needed so that it is
accurate and current. When advantageous to do so, master
environmental assessments may be prepared through a joint
exercise of powers agreement with neighboring local agencies
or with the assistance of an appropriate Council of Government.
(d) Uses.
(1) A master environmental assessment can identify
the environmental characteristics and constraints of an
area. This information can be used to influence the
design and locations of individual projects.
(2) A master_ environmental assessment can provide
a central source of current data and information for use
in preparing individual EIRs and Negative Declarations.
(3) A master environmental assessment can be refer-
enced and summarized in EIRs and Negative Declarations.
(4) A master environmental assessment shall assist
in identi.f.ying long-range, areawide, and cumulative impacts
of individual projects proposed in the area covered by
the assessment.
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(5) A master environmental assessment may assist in
the formulation of a district general plan or any element
of such a plan through the identification of environmental
characteristics and constraints and facilitate the
formulation of policies that are respective of these
characteristics and constraints.
(e) Clearinghouse Review. Master environmental assessments
and revisions and amendments to assessments shall be forwarded
to the State Clearinghouse for the review by and information
of state agencies to assist the state agencies in the subse-
quent review of environmental documents on individual projects.
ARTICLE VIII - EVALUATING PROJECTS
Section 31. Initial Review for CEnA 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 (1) not a project as defined
in Section 23, supra; (2) a ministerial project; (3) an
emergency project as described in Article IV, supra;
(4) a feasibility and planning study as described in
Article V, supra; (5) a categorically exempt activity as
described in Article VII, infra; or (6) an activity the
environmental consequences of which have been adequately
described in a prior EIR.
B. Submission of Environmental Evaluation ((Short Form).
If the District's Staff requires additional information
in order to make the determination called for in paragraph A
hereof, it shall direct the applicant to prepare an Environ-
mental Evaluation (Short Form), a copy of which is attached
hereto as Exhibit "A".
C. Finding of No Exemption. If in the judgment of the
District's Staff the proposed activity does not fall with-
in one of the foregoing categories, it shall proceed with the
project evaluation process as outlined in Section 29. Any
person proposing to undertake a project as defined in Section
23 A. (2) or A. (3) (i.e., a private project) may present his
objection to the Staff's determination to the Board at
its next regular meeting. At that meeting, the Board shall
either affirm said determination (in which case the project
evaluation process shall be commenced) or find that the
proposed activity does fall within one of the foregoing
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categories (in which case no further environmental assess-
ment thereof shall be necessary). The decision of the
Board shall be final.
D. Finding of Exemption. If in the judgment of the
District's Staff, a proposed activity does fall within
one of the categories enumerated in Subparagraph A, it
shall so find on a form entitled Notice of Exemption
(a copy of which is attached hereto as Exhibit "B"). No
further environmental assessment shall be necessary,
and the proposed activity may be carried out in the
manner routinely exercised by the District.
E. Filing of Notice of ExeElp ion. The Notice of Exemption
will be+fi.led with the County Clerk of the county or
counties in which the project will be located.
Section 32.` Lead Agency
A. Determination of Lead Agency; Factors to be Considered.
Upon a determination that.a proposed activity is discretion-
ary in nature and is not otherwise exempt, consideration
shall be given by the District's Staff to whether another
public agency is primarily responsible for carrying out or
approving it. The Staff shall consider, among others,
the following factors in making the determination as to
which is the lead agency:
(1) The lead agency shall be the public agency which
proposes to carry out the project;
(2) If the project is to be carried out by a non-
governmental 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 a limited purpose
which is involved by reason of the need to provide a
public service or public utility to the project;
(3) Where more than one public agency equally meet
the criteria set forth in subparagraph (2) above, the
agency which is the first to act on the project in ques-
tion shall be the lead agency.
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B. Finding that District is Lead Agency. If the Staff
determines that the project does not i,,volve another public
agency which is the lead agency, it shall proceed with the
project evaluation process as outlined in Section 30.
C. Finding that Another Public Agency is Lead A encl. If
the Staff determines that the project does involve another
public agency which is the lead agency, Staff shall so find
and designate the lead agency on the aforementioned State-
ment of Non-Applicability. Unless otherwise required by
the Board, no further environmental assessment shall be
necessary. Whenever a determination is made that another
public agency constitutes the lead agency, the District
shall, upon the request thereof, provide data concerning all
aspects of the District's activities relative to the subject
project.
Section 33. Initial Study Procedures.
A. Undertakipg of. Initial Study; Submission of Environ-
mental Evaluation (Short Form). Upon a determination
that a project is discretionary and is not othengise exempt,
and that the District is the lead agency, 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. This Initial Study shall be reflected in the
submission to the Staff of an'Environmental iuation
(Short Form), a copy of which~is attached he. as
Exhibit "A".
(1) As to projects defined in Article I Section 24
A (1) of -this Resolution, the Environmental Evaluation shall
be submitted by the Staff or by private experts pursuant to
contract with the District.
(2) As to projects defined in Article III, Section 24
A (2) and 24 A (3), the person or entity proposing to carry
out the project shall submit the Environmental Evaluation
and any additional data and information as may be required
by the Staff to determine whether the proposed project may
have a significant effect on the environment. Such data
and information shall consider all factors eniLmerated in
Subparagraph B, infra. 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
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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.
B. Purposes. The purposes of an. Initial Study are to:
(i) Identify environmental impacts;
(ii) Enable an applicant or Lead Agency to modify
a project, mitigating adverse impacts before an EIR
is written;
(iii) Focus an EIR, if one is required, on poten-
tially significant environmental effects;
(iv) Facilitate environmental assessment early i_n
the design of the project;
(v) Provide documentation of the factual basis
of the finding in a Negative Declaration that a project
will not have a significant effect on the environment;
(vi) Eliminate unnecessary FIRS.
C. Contents. An Initial Study shall contain in brief
form:
(i) A description of the project;
(ii) An identification of the environmental setting;
(iii) An identification of environmental effects by
use of a checklist, matrix or other methods;
(iv) A discussion of ways to mitigate the significant
effects identified, if any;
(v) An examination of whether the project is com-
patible with existing zoning and plans;
(vi) The name of the person or persons who prepared
or participated in the Initial Study.
D. Uses.
(i) The Initial Study shall be used to provide a
written determination of whether a Negative Declaration
or an EIR shall be prepared for a project;
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(ii) Where a project is revised in response to an
Init.i-al. Study so that potential adverse effects are miti-
gated to a. point where no significant environmental effects
would occur, a Negative Declaration shall be prepared instead
of an EIR. If the project would still result in one or more
significant effects on the environment after mitigation
measures are added to the project, an EIR shall be prepared.
(iii) The EIR may emphasize the study of the impacts
determined to be significant and can omit further_ examina-
tion of those impacts found to be clearly insignificant in
the Initial Study.
Section 34. Evaluating Env_ir.onmental_Significance. In evaluating
the environmental significance of a project, see, generally
Exhibit "E" attached hereto.
A. Evaluating Environmental Significance. In determining
whether a project may have a significant effect on the
environment, the Staff shall consider both primary and
secondary consequences. Primary consequences are immedi-
ately 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). Some examples of consequences
which may have a significant effect on the environment
in most cases include a change which:
(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;
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(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 sil-
tation; or,
(9) could e,-pose people or structures to „ jor geologic
hazards.
(10) disrupts or alters an archaelogical site over 200 years
old, an historic site or a paleontological site except as
part: of a scientific study of the site;
(11) induces substantial growth or concentration of
population; ,
(12) causes an increase in traffic which is substantial
in relation to the existing traffic load and capacity in the
street system;
(13) displaces a large number of people;
(14) encourages activities which result in the use of
large amounts of fuel or energy;
(15) uses fuel or energy in a wasteful manner;
(16) increases substantially the ambient noise levels
for adjoining areas;
(17) causes substantial flooding, erosion or siltation;
(18) extends a sewer trunkline with capacity to serve
new developments;
(1.9) substantially diminishes habitat for fish, wildlife
or plants;
(20) disrupts or divides the physical arrangement of an
established conuuunity;
(21) creates a public health hazard or a potential..
public health hazard;
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(22) conflicts with established recreational-, educational,
religious or scientific uses of the area;
(23) violates any ambient air quality standard, contribute
substantially to an existing or projected air quality viola-
tion, or expose sensitive receptors to substantial pollutant
concentrations.
B. 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:
(1) Impacts which have the potential to degrade the
quality of the environment or curtail the range of the
environment.
(2) Impacts which achieve short-term, to the disadvan-
tage 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.
(3) 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 relatively small. If the effect of the
total of those impacts on the environment is significant,
an F.IR must be prepared. This mandatory finding of
significance does not apply to two or more separate projects
where the impact of each is insignificant.
(4) The environmental effects of a project will cause
substantial adverse effects on human beings, either directly
or indirectly.
C. Probable Finding that Project Will Not Have Significant
Effect. If, after a reviewing of the Environmental Evalu-
ation (Short Form) and all other relevant data, and the com-
pletion of the Initial Study, the Staff believes that the
project will not have a significant effect on the environment,
it shall prepare notice of intention to file a Negative
Declaration. This notice shall state that a Negative Dec-
laration with respect to the subject project will be filed
with the County Clerk on a specified date which shall be no
sooner than ten (10) days following the date of the notice.
Copies of the notice (together with copies of the Environ-
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mental Evaluation and the proposed Negative Declaration)
shall be posted in three public places in the City and sh-)I.l
be mailed to the applicant and to other public agencies hav-
ing jurisdiction by law with respect to the project. The
Staff may also supply copies thereof to such other persons
and agencies as he deems appropriate. The notice shall in-
struct any person who believes that a Negative Declaration
should not be filed with respect to the subject project to
so notify the Staff and to specify in writing his reasons
for believing that the project may have a significant effect
on the environment. All such continents must be received by
the District's Staff on or before the date on which the
Negative Declaration is to be filed.
Section 35. Negative_ Declarations. If, after examining all
comment:s received in response to the notice of intention to
file a Negative Declaration, the Staff finds that the pro-
ject will not have a'significant effect on the environ-
ment, it shall complete and file a Negative Declaration
in accordance with the following procedures:
A. Contents. A Negative Declaration must include:
(1) a brief description of the project as proposed
including a commonly used name for the project;
(2) a finding that the project will not have a signifi-
cant effect on the environment;
(3) a brief statement of the reasons which support
said finding;
(4) a statement indicating who prepared the Environ-
mental Evaluation and where a copy thereof may be obtained;
ar,.d
(5) mitigation measures, if any, included in the
project to avoid potentially significant effects.
B. Notice.
(1) Notice of the preparation on a Negative Declaration
shall be provided to the public within a reasonable period of
time prior to final adoption by the public agency of the
Negative Declaration. Notice shall be given to all organiza-
tions and individuals who have previously requested such
notice and shall also be given by at least one of the follow-
ing procedures:
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(a) Publication, no fewer times than required by
Section 6061 of th, Government Cody:, by tho public
agency in a newspalcr of general circulation in the
area affected by the proposed project.
(b) Posting of notice by the public agency on and
off site in the area where the project is to be located.
(c) Direct mailing to owners of property contiguous
to the project.
(2) The alternatives for providing notice specified in
Subsection (1) shall not preclude a public agency from pro-
viding additional notice by other means if such agency so
desires, nor shall additional notice by other means if such
agency so desires, nor shall the requirements of this section
preclude a public agency from providing the public notice
required herein at the same time and in the same manner as
public notice otherwise required by law for such project.
C. Filing. Upon completion of a Ncgative Declaration,
it shall be filed with the County Clerk.
D. Posting Notice of Negative Declaration. Simultaneously
with the filing of a Negative Declaration with the County
Clerk, the Staff shall cause to be posted at three public
places in the District copies of the Negative Declaration.
E. Appeal. Any interested person may appeal the decision of
the Staff to file a Negative Declaration by filing notice
of such appeal with the Board within five days after the
filing of the Negative Declaration. The Board shall hear and
consider the matter and its decision with respect thereto
shall be final.
F. Approval or Disapproval of Project. At any time after
the fifth day following the filing of a Negative Declaration
or, in the event the same shall have been appealed, then any
time after a Board decision sustaining the filing of a Nega-
tive Declaration, the project may be approved or disapproved
in accordance with the usual District procedures.
G. Notice of Determination. Following approval or dis-
approval of the project, the District shall cause to be
prepared a Notice of Determination, on a form attached
hereto as Exhibit "C" , %,,hich s1iall contain the following:
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(1) the decision of the District to approve the project;
(2) the determination of the District as to whether
the project will have a significant effect on the environment;
and
(3) a statement that no EIR has been prepared.
Said Notice, together with a copy of the Negative Declaration
which shall be attached thereto, then shall be filed with
the County Clerk of the county or counties in which the pro-
ject is located. If the project requires discretionary
approvals from a state agency, the Notice of Determination
also shall be filed with the Secretary of Resources.
H. Posting Notice of Determination. Simultaneously with
the filing of the Notice of Determination the District shall
cause to be posted at three public places in the District
a Notice of Determination.
I. Costs. As to projects covered by Article III, Section
23 A (2) and (3), 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.
Section 36. _Environmental Imoact Reports. Following the Initial
Study described in Section 30, an EIR shall be prepared for
any discretionary project, not otherwise exempt, unless a
Negative Declaration has been filed with respect thereto.
(a) An EIR should be prepared whenever it can be
fairly agreed on the basis of substantial evidence that
the project may have a significant effect on the environ-
ment;
(b) An EIR should be prepared when there is previous
public controversy concerning the environmental effect of a
project. Controversy not related to an environmental issue
does not require the preparation of an EIR.
The required contents of an EIR and the procedures to be
followed in connection with the preparation thereof are as
follows:
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0
A. _Desc_ription of Project. The description of the project
shall contain the following information but should not supply
extensive detail beyond that needed for evaluation and review
of the environmental impact.
(1) The precise location and boundaries of -the proposed
project shall be shown on a detailed map, preferably topo-
graphic. The location of the project shall also appear on
a regional map.
(2) A statement of the objectives sought by the pro-
posed project.
(3) A general description of the project's technical,
economic, and environmental characteristics, considering
the principal engineering proposals and supporting public
service facilities.
B. Desct;ion of Environmental Setting. An EIR must in-
clude 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.,
C. Environmental Impact. All phases of a project must be
considered when evaluating its impact on the environment:
planning, acquisition, development and operation. The follow-
ing subjects shall be discussed, preferably in separate
sections or paragraphs. If they are not discussed separately,
the EIR shall include a table showing where each of the
subjects is discussed.
(a) Each element must be covered, and when these
elements are not separated into distinct sections, the docu-
ment shall state where in the document each element is dis-
cussed.
(b) Each report shall contain a brief summary of the
proposed action and its consequences in language sufficiently
simple that the issues can be understood by the average member
of the lay public. The EIR shall also contain a table of
contents or an index.
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(c) The information contained in an EIR shall include
sumiu.tr.ized t=echnical data, maps, plot plans, diacgrams and
similar relevant information sufficient to permit full assess-
ment. of significant environmental- impacts by reviewing
agencies and members of the public. Placement of highly
technical and specialized analysis and data in the body of an
EIR should be avoided through inclusion of supporting informa-
tion and analyses as appendices to the main body of the EIR.
Appendices to the EIR may be prepared in volumes separate
from the basic EIR document, but shall be available for
public examination and shall be submitted to all clearing-
houses which assist in public review.
(d) The EIR should be prepared using a systema~-.ic, inter-
disciplinary approach. The interdisciplinary analysis shall
be conducted by competent individuals, but no single dis-
cipline shall be designated or required to undertake this
evaluation. Preparation of EIRs is dependent upon information
from many sources, including the engineering project report
and many scientific documents relating to environmental
features. The EIR shall reference all documents used in its
preparation including where possible, a citation to the page
and section number of any technical reports which were us,:-d
as the basis for any statements in the EIR.
(e) The EIR should discuss environmental effects in
proportion to their severity and probability of occurrence.
Effects dismissed in an Initial Study as clearly insignifi-
cant and unlikelv to occur need not be discussed further in
the EIR unless the Lead Agency subsequently received in.f.or-
mation inconsistent with the finding in the Initial Study.
A copy of the Initial Study shall be attached to the EIR
to provide the basis for limiting the impacts discussed.
(f) An EIR shall contain a statement briefly indicating
the reasons for determining that various effects of a project
that could possibly be considered significant were not found
to be significant and consequently were not discussed in
detail in the EIR.
(g) Drafting an EIR necessarily involves some degree
of forecasting. While foreseeing the unforeseeable is not
possible, an agency must use its best efforts to find out
and disclose all that it reasonably can.
(h) If, after thorough investigation, a. Lead Agency
finds that a particular impact is too speculative for evalua-
tion, the agency should note its conclusion and terminate
discussion of the impact.
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(1) The Environmental Im act of the Proposed Action:
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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 sys-
tems and changes induced in population distribution, popu-
lation concentration, the human use of the land (including
commercial and residential development) and other aspects
of the resources base such as water, scenic quality and
public services.
(2) Any Adverse Environmental Effects Which Cannot
Be_Avoi.dcd 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. Do not neglect impacts
on any aethestically 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
selecting one alternative should be identified. The
following are examples of energy conservation measures:
(a) Insulation and other protection from
heat loss or heat gain to conserve fuel used to
heat or cool buildings and mobile homes.
(b) Use of resource conserving forms of
energy such as solar energy for water and space
heating, wind for operating pumps, and falling
water for generating electricity.
(c) Energy efficient building design includ-
ing such features as orientation of structures to
summer and winter sunlight to absorb winter solar
heat and reflect or avoid summer solar heat. .
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(d) Measures to reduce energy consumption in
transportation such as:
(i) Providing access to alternative
means of transportation for people such as
bus lines, mass transit, bicycle lanes, and
pedestrian facilities.
(ii) Use of small cars rather than
large cars where possible.
(iii) Use of alternative means of
shipping which allow for energy savings.
(e) Efficient lighting practices including
use of indirect natural light, use of efficient
lighting fixtures, establishment of reasonable
lighting criteria to prevent over illumination,
and min---mum use of architectural or display
lighting.
(f) Energy conserving construction practices.
(g) Use of energy conservation devices such
as flywheels.
(h) Rate structures which discourage un-
necessary energy consumption.
(i) Use of animal power where such use is
feasible.
(j) Waste heat-recovery.
(k) Recycling and use of recycled materials.
(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 envirorunentally adverse impacts,
even if these alternatives substantially impede the attain-
ment of the project objectives, and are more costly.
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(5) The Relationship Between Local Short-Term U e;s
of Man's Environment: and the Maintenance and
Enhancement of Lonc -Trm Produ_ct.iv.it Desc.ri.be
th(~ cumulci .J ve 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 explained.
(6) Any Irreversible Environmental Changes Which
Would be _Involved in the Proposed Action
Should it be Implemented: Uses of non-rene.-.able
resources during the initial and continued phases of the
project may be irreversible since a large commitment of such
resources makes removal or non-use thereafter unlikely.
Primary impacts and, particularly, secondary impacts
generally commit future generations to similar uses. Also
irreversible damage can result from environmental accidents
associated with the project. Irretrievable commitments of
resources should be 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 pro-
jects 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 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.
(8) Water Qualit As ects: Describe in the environ-
mental setting section, and other sections where applicable,
water quality aspects of the proposed project which have
been previously certified by the appropriate state or inter-
state organization as being in substantial compliance with
applicable water quality standards.
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(9) Effects Found Not to be Sictnificant. An EIR shall
contain a statement briefly indicating the reasons that
various possibly significant effects of a project would deter-
mine riot to be significant and were therefore not discussed
in detail in the EIR. Such a statement may be contained in
an attached copy of an Initial Study.
D. Standards for Adequ~cyof an EIR: An EIR should be
prepared with a sufficient degree of analysis to provide deci-
sion makers with information which enables them to make a
decision which intelligently takes account of environmental
consequences. An evaluation of the environmental effects of
a proposed project need not be exhaustive, but the suffi-
ciency of an EIR is to be reviewed in the light of what is
reasonably feasible. Disagreement among experts does not
make an EIR inadequate. The Courts have looked not for
perfection but for adequacy, completeness and a good faith
effort at full disclosure.
E. Preparation of Draft EIR; by Whom:
(1) As to the projects defined in Article III, Section
24 A (1) of this Resolution, the draft EIR shall be under-
taken by the Staff or by private experts pursuant to con-
tract with the District.
(2) As to projects defined in Article III, Section 24
A (2) and (3) the person or entity proposing to carry out
the project shall submit a draft EIR, containing the informa-
tion required by subparagraph A above, for review and con-
sideration by the Staff. The Staff shall independently
analyze the draft EIR submitted pursuant to this sub-
section to verify its accuracy and objectivity prior to
certifying its completion. The Staff may, if it deems
it appropriate, arrange to have this analysis performed by
a private expert in the field; in that event, the fee
charged by such expert shall be borne by the person or
agency proposing to carry out the project. Said person or
agency shall supply such additional data as the Staff may
deem necessary for the completion of the draft EIR.
(3) Before determining the draft EIR to be complete,
and as early as possible in the preparation of the draft,
the Staff, or other person preparing the draft, shall con-
sult with all the other public agencies involved in carry-
ing out or approving the project. This early consultation
is designed to insure that the draft EIR will reflect the
concerns of all responsible agencies which will issue
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approvals for the project. Similarly, the Staff, or other
person preparing the draft EIR, should consult directly
with any person or organization believed to be concerned
with the environmental effects of the project.
(4) The identity of the person(s), firm or agency
preparing the EIR, by contract or other authorization, must
be included therein as well as the identity of all federal,
state or local agencies, other organizations and private
individuals consulted in preparing the EIR.
(5) The applicant shall specify, to the best of his
knowledge, in the draft EIR, or in a separate document, the
other public agencies which will have approval authority
over the project.
(6) With respect to water quality aspects of the pro-
posed project which have been previously certified by the
appropriate state or interstate organization as being in
substantial compliance with applicable water quality
standards, the draft EIR should include a reference to
such certification.
(7) 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.
(8) At least fifteen copies of the EIR shall be sub-
mitted to the Staff.
F. Completion of Draft EI.R. When the Staff is satisfied
that the draft EIR is complete, it may either pre::,:~nt the
same to the Board for determination as completeness or it
may make this determination itself. After the draft EIR
has been determined to be complete, the Staff shall file a
Notice of Completion with the Secretary of the Resources
Agency on a form attached hereto as Exhibit "A". Said
Notice shall contain the following:
(1) a brief description of the proposed project;
(2) the location of the proposed project;
(3) information indicating where copies of the draft
EIR are available for review;
(4) the period during which comments will be re-
ceived;
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(5) filing shall be deemed complete when the Notice
of Completion has been deposited in the United States mail
addressed to the Secretary of Resources, or when delivered
in person to the Office of the Secretary; and
(6) where the EIR will be reviewed through the state
review process handled by the State Clearinghouse, the
cover form required by the State Clearinghouse will serve
as the Notice of Completion and no Notice of Completion
need be sent to the.Resour.ces Agency.
G. Posting of Notice of Completion. Simultaneously with
the filing of a Notice of Completion, the District shall
cause copies of said Notice to be posted at three public
places in the District.
N. _Review of Draft EIR by Other Public Age cies and
Persons with Special Expertise.
(1) General.
(a) After filing and posting a Notice of Comple-
tion, the Staff shall submit copies of the draft EIR
for review and comment to public agencies having
jurisdiction by law over 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. The District should compile
listings of other agencies, particularly local
agencies, which have jurisdiction by law and/or
special expertise with respect to various projects
and project locations. Such listings should be a
guide in determining which agencies should be con-
sidered with regard to a particular project. EIR's
to be reviewed by state agencies shall be submitted
to the State Clearinghouse, 1400 Tenth Street,
Sacramento, California 95314.
(b) The Staff may send copies of the draft EIR
to public agencies or persons with special expertise
whose comments relative to the draft EIR would be
desirable.
(c) Each public agency and/or person to whom a
draft EIR is sent under (a) or (b) above shall be
advised in writing that they may submit written
comments to the District within thirty days or such
longer period of time as may be specified by the
Staff; provided, however, that review periods for
state agencies shall. be at least as long as the
period provided in the state review system operated
by the State Clearinghouse.
(d) To make copies of EIR's available to the
public., Lead Agencies should furnish copies of draft
EIR's to appropriate public library systems.
(e) Public hearings may be conducted on the
environmental documents, either in separate pro-
ceedings or in conjunction with other proceedings
in the public agency.
(2) Failure to Comment. In the event a public agency
or person whose comments on a draft EIR are solicited pur-
suant to Subsection 1, above, fails to comment within the
time period established, it shall be assumed, absent a
written request for a specific extension of time for re-
view and comment, together with the reasons therefor,
that such agency or person has no comment to make. Any
extension of time granted by the Staff shall be reasonable
under the circumstances, but ordinarily shall not cover
a period greater than the period initially established
for review and comment.
(3) 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.
I. Availability of the Draft EIR for Review. Following
the filing of the N(,tice of Completion as required by Sub-
paragraph E above, copies of the draft EIR 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.
J. Final EIR.
(1) Preparation. Following the receipt of comments
on the draft EIR by other public agencies and persons with
special expertise as required by Subparagraph G above, com-
ments that have been received shall be evaluated and then a
final EIR shall be prepared.
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(2) -Contents.
The final EIR shall consist of:
(a) The draft EIR or a revision of the draft.
(b) Comments and recommendations received on
the draft EIR either verbatim or in sumuary.
(c) A list of persons, organizations and public
agencies commenting on the draft EIR.
(d) The responses of the Lead Agency to signif-
icant environmental points raised in the review and
consultation process.
The response of the Staff to continents received may take the
form of a revision of the draft EIR or may be an attachmcizt
to the draft EIR. The response shall describe the dis-
position of significant environmental issur,s raised (e.g.,
revisions to the proposed project to mitigate anticipated
impacts or objections). In particular, the major issues
raised when the Staff'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 over-
riding importance warranting an over-ride of the suggestions.
(3) By Whom Prepared. ordinarily the final EIR should
be prepared by the Staff. However, where appropriate, the
Staff may arrange to have the final EIR prepared by a
private expert in the field. In that event the fee charged
by such expert shall be borne by the person or agency pro-
posing to carry out the project.
K. Public Hearings. With respect to any project concern-
ing which the District must hold a public hearing prior to
the approval or disapproval thereof, if an EIR has been
submitted with respect thereto then a public hearing shall
also be held on the EIR. The hearing on the EIR may be
held concurrently with the hearing on the project. The
requirements of notice and the procedural rules governing
hearings on projects shall also govern hearings on EIR's.
With respect to all other projects, no public hearing
shall be required on the EIR's submitted in cor::ecti.on there-
with. However, if the Board determines that a public
hearing on such an. EIR would be desir«ble, in light of the
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purposes and provisions of this Resolution, it may
require that the same be held.
L. Certification of. Final ETR; Decision on_ProZet. Follow-
ing the preparation of the final EIR, it shall be presented
to the Board. (If additional comments with respect to the
EIR are made at a public hearing on the EIR, those comments
and the responses thereto should be included in the official
minutes of the hearing; and a copy of those minutes should
be attached to and made a part of the final EIR.) If the
Board finds the EIR insufficient, either the EIR should be
modified by the Board or the specific areas in which more
information is required should be noted, and the EIR
referred back to the Staff for the necessary modifications.
If the Board finds the final EIR to be in order, it shall
certify that the final.. EIR has been completed in compliance
with CEQA, the Guidelines, and this Resolution and that it
has reviewed and considered the information contained in the
final EIR. The proposed project may then be approved or
disapproved provided that:
(a) The City shall not approve or carry out a project
for which an environmental impact report has been completed
which identifies one or more significant effects of the
project unless the City makes one or more of the following
findings:
(1) Changes or alterations have been required in,
or incorporated into, the project which mitigate or
avoid the significant effects thereof as identified in
the final EIR.
(2) Such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the agency making the finding. Such
changes have been adopted by such other agency or can
and should be adopted by such other agency.
(3) Specific economic, social, or other considera-
tions make infeasible the mitigation measures or pro-
ject alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be
supported by substantial evidence in the record.
(c) The finding in subsection (a)(2) shall not be made
if the agency making the finding has concurrent jurisdiction
with another agency to deal with identified feasible mitiga-
tion measures or alternatives.
6 0
M. Statement of Overridi.i~_Consideralions.
(a) where the decision of the District allows the occurr-
ence of significant effects identified in the final FIR,
the District must state in writing reasons to support its
action based on the final FIR or other information in the
record. This statement need not be contained in the EIR.
(b) The reasons to support an action described in
subsection (a) may be set forth in a Statement of Overriding
Considerations. 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.
N. Notice of Determination. Following approval or dis-
approval of the project, the District shall cause to be
prepared a Notice of Determination on a form attached
hereto as Exhibit "C" which shall contain the following:
(1) The decision of the District to approve or dis-
approve the project;
(2) The determination of the District as to whether
the project will or will not have a significant effect on
the environment; and
(3) A statement of whether an FIR has been prepared.
Said Notice shall then be filed with the County Clerk of
the county or counties in which the project is located.
If the Boar decides to approve a project for which serious
adverse environmental consequences have been identified in
an EIR, the Board may, but is not required to, make a state-
ment identifying the other interests and considerations
which, in its determination, warrant approval of the project.
Such a statement, if made, should be included in the record
of the project approval and may be attached to the Notice of
Determination. If the project requires discretionary
approval from a state agency, the Notice shall be filed with
the Secretary for Resources.
N. Costs. As to projects covered by Section 24 A (2) and
(3), the person or entity proposing to carry out the project
requiring approval by the District shall bear all costs
incurred by the District in preparing and filing the EIR, as
well as all publication costs incident thereto.
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Section 37. Incorporation by Reference
(a) An EIR may incorporate by reference all or portions
of another document: which is a matter of public record or
is generally available to the public. Where all or part of
another document is i.ncorporaLed by reference, the incorporated
language shall. be considered to be set forth in full as part
of the text of the EIR.
(b) Where part of another document is incorporated by
reference such other document shall be made available to
the public for inspection at a public place or public build-
ing. The EIR shall state where the incorporated documents
will be available for inspection. At a minimixn, the incorp-
orated document shall be made available to the public in an
office of the Lead Agency in the county where the project
would be carried out or in one or more public buildings such
as county offices or public libraries if the Lead Agency does
not have an office in the county.
(c) Where an EIR uses incorporation by reference, the
incorporated part of the referenced document shall be briefly
:summarized where poss:i_ble or briefly described if the data
or information cannot be summarized. The relationship between
the incorporated part of the referenced document and the EIR
shall be described.
Section 38._ Projects of Statewide, Regional or Areawide
vj.gnificance.
(a) Projects meeting the criteria in this section shall
be deemed to be of statewide, regional or areawide signifi-
cance. EIRs or Negative Declarations prepared by any public
agency or a project described in this section shall be sub-
mitted to the State Clearinghouse for review regardless of
whether any state agency has jurisdiction by law with regard
to the project.
(b) The Lead Agency shall determine that a proposed
project is of statewide, re,.;ional, or areawide significance
if the project meets any of the following criteria:
(1) A proposed local general plan, element, or
ndment: thereof for which an EIR was prepared.
A state or regional land use plan affecting
e than one county.
-33-
(3) A project which might interfere with the
attainment or maintenance of regional air quality stan-
dards including:
(A) A proposed residential development of
more than 500 dwelling units.
(B) A proposed shopping center or business
establishment employing more than 1,000 persons
or encompassing more than. 500,000 square feet of
floor space.
(C) A proposed commercial office building
employing more than 1,000 persons or encompassing
more than. 250,000 square feet of floor space.
(D) A proposed hotel/motel development of
more than 500 rooms.
(E) A proposed in(istrial manufacturing, pro-
cessing plant, or indusLri.al park housing more than
1,000 persons, occupying more than 40 acres of land,
or encompassing more than 650,000 square feet of
floor area.
(4) A project whose direct, anticipated environ-
mental effects would extend beyond the geographic
boundary of a city or county.
(5) A project winch may result in the cancellation
of a contract for the establishment of an agricultural
preserve as defined in the California _Land Conservation
Act of 1965 (Williamson Act) or in the rezoning from
agriculture of any parcel of 100 or more acres.
(6) A project located in or substantially impacting
on an are< critical environmental sensitivity for which
an. EIR was prepared including:
(A) The Lake Tahoe Basin.
(B) The Santa Monica Mountains Zone as
defined by Section 67463 of the Government Code,
Chapter 1327 of the Statutes of 1976,
(C) The California Coastal Zone as defined
and mapped in the California. Coastal Zone Act of.
1976.
ARTICLE'' IX - CATEGORICA1, EXEMPTIONS
Section 39. Exenations. The following classes of projects, in
accordance with and pursuant to Article 8 of the Guidelines,
have been determined not to have a significant effect on the
environment, and therefore are declared to be categorically
exempt from the requirement of preparing a negative declara-
tion or an EIR. The categorical exemptions listed herein
are not in-2nded to be, and are not to be construed to be a
limitation on the categorical. exemptions set forth in
Article 8 of the State Guidelines.
Class 1: Existing Facilities. Class 1 consists of
the operation, repair, maintenance- or minor alteration of
existing public or private structures, facilities, mechan-
ical equipment, or topographical features, involving
negligible or no expansion of use beyond that previously
existing, including but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including
meter boxes;
(3) fire hydrants;
(4) storage reservoirs;
(5) pump stations;
(6) buildings; and
(7) treatment plants.
Class 2: Replacement or Reconstruction. Class 2 con-
sists of replacement or reconstruction of existinq struc-
tures and facilities where the new structure or facility
will be located on the same site and will have substantially
the same purpose and capacity as the structure or facility
replaced or reconstructed, including but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including
meter boxes;
(3) fire hydrants;
35-
•
(4) storage reservoirs;
(5) pump stations;
(6) buildings; and
(7) treatment plants.
•
Class 3: New Construction of Small Structures. Class
3 consists of construction of new facilities or structures
and installation of new equipment or facilities, including,
but not limited to:
(1) water main extensions to serve a newly con-
structed single family residence, a multiple
residence of not more than four dwelling
units, and a commercial or office structure
designed for an occupany load of not more
than 20 persons; and,
(2) connecting facilities, including meter boxes,
to serve a newly constructed single family
residence, a multiple residence of not more
than four dwelling units, and a commercial
or office structure designed for an occupant
load of not more than 20 persons.
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 forestry and agricultural
purposes. Examples include but are not limtied to:
(1) 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;
(2) New gardening or landscaping, but not
including tree removal;
(3) Filling of earth into previously excavated
land with material compatible with the natural
features of the site;
-3G-
0 0 0 0
(4) Minor alteration,; in land, water and vegeta-
tion on existing officially designated wildlife
management areas of fish production facilities which
result in improvement of habitat for fish and wild-
life resources or greater fish production;
(5) Minor temporary uses of land having negligible
or no permanent effects on the environment; and
(6) Minor trenching and backfilling where the
surface is restored.
Class 5: Information Collection. Class 5 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.
Cla_s_r: _6: Inspections. Class 6 consists of activities
limited ei: ti.r_ely to inspection, to check for performance of
an operation, or quality,. health or safety or a project,
including related activities.
Class 7: Accessory Structures. Class 7 consists of
construction or placement of minor structures accessory or
appurtenant to existing commercial, industrial, or institu-
tional facilities.
Class 8: SurRus Government Prope_rty Sales. Class 8
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.
Class 9_ Functional Eau~ivalent of an EIR. Class 9
consists of regulatory programs of the District whose pur-
pose includes environmental protection and whose process
involves the functional equivalent of an EIR. To qualify
for an exemption under this section, the public agency
must have its process certified as a functional equivalent
by the Secretary for Resources. The Secretary for Resources
may withdraw the certification after notice and hearing
pursuant to Government Code Title 2, Division 3, Chapter 4.5.
0 0 0 0
Class 10: Actions Taken b Requl.atorv, Agencies for
the Protection of Natural Resource:. Class 10 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.
Class 11: Actions Taken by Regulatory Agencies for
the Protection of the Environment. Class 11 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.
Class 12: Acquisition of Lands for Wildlife
Conservation Purposes. Class 12 consists of the acquisition
of land for fish and wildlife conservation purposes; i.nclud--
ing preservation of fish and wildlife habitat, establishing
ecological reserves under.Fish and Game Code Section 1560,
and preserving access to public lands and waters where the
purpose of the acquisition is to preserve the land in its
natural condition .
Class 13: Minor Additions to Schools. Class 13 con-
sists of minor additions to existing schools within existing
school grounds where the addition does not increase original
student capacity by more than 25% or five classrooms, which-
ever is less. The addition of portable classrooms is
included in this exemption.
Class 14: Functional Equivalent of an _EIR. Class 14
consists of regulatory programs of public agencies whose
purpose includes environmental protection and whose process
involves the functional equivalent of an EIR. To qualify
for an exemption under this section, the public agency must
have its process certified as a functional equivalent by
the Secretary for Resources. The Secretary for Resources
may withdraw the certification after notice and hearing
pursuant to Government Code Title 2, Div. 3, Ch. 4.5.
Class 15: Transfer of Ownership of Land in Order to
Create Parks. Class 15 consists of the acquisition or sale
of land in order to establish a park where the land is in a
natural condition or contains historic sites or archaeolo-
gical sites and either:
(a) The management plan for the park has not been
prepared, or
(b) The management plan proposes to keep the area in
a natural. condition or preserve the historic or archaeolo-
gical site. CEQA will apply when a management plan is pro-
posed that will change the area from its natural condition or
significantly change the historic or archaeological site.
Class 16: Open Space Contracts or Easements. Class
16 consists of the establishment of agricultural preserves,
the making and renewing of open space contracts under the
Williamson Act, or the acceptance of easements or fee
interests in order to maintain the open space character of
the area. The cancellation of such preserves, contracts,
interests or easements is not included.
Class 17: Designation of Wilderness Areas. Class 17
consists of the designation of wilderness areas under the
California Wilderness Svstem.
Class 18:
for Exempt Facil
ing annexations:
(a) Annexations to a city or special district of
areas containing existing public or private structures
developed to the density allowed by the current zoning
or pre-zoning of either the gaining or losing govern-
mental agency whichever is more restrictive, provided,
however, that the extension of utility services to the
existing facilities would have a capacity to serve only
the existing facilities.
(b) Annexations of individual small parcels of the
minimum size for facilities exempted by Section 15103,
New Construction of Small Structures.
Class 19: Changes in Orjgani.zation of Local Agencies.
Class 19 consists of changes in the organization or reorgani-
zation of local governmental agencies where the changes do
not change the geographical area in which previously existing
powers are exercised. Examples include but are not limited
to:
(a) Establishment of a subsidiary district.
(b) Consolidation of two or more districts having
identical powers.
(c) Merger with a city or district lying entirely
within the boundaries of the city.
Annexations of Existing Facilities and Lots
ities. Class 18 consists of only the follow-
-39-
00
Section 40. Lxceptions.
(a) . Loc_a.tion. Classes 3, 4, 5, b, and 8 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
where designated, precisely mapped, and officially adopted
pursuant to law by federal, state or local agencies.
(b) Cumulative Impact. 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 ~,dcli..tions to an existing
building under Class 1.
Section 41. New Exemptions. The Board may, from time to time,
upon the reconuiendation of the Staff, identify additional
types of projects which have been determined not to have
a significant effect on the environment and which are
exempt from the requirements of this resolution.
ARTICLE X - SUBSEQUENT EIR' S
Section 42. 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 involve-
ment of new environmental impacts not considered in a pre-
vious EIR on the project; or,
B. Therefare substantial changes with respect to the cir-
cumstances 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 a
previous EIR.
ARTICLE XI
USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT
Section 43.
A. Two Projects Undertaken at the Same Time. A single
EIR may be utilized to describe more than one project when
the projects are essentially the same in terms of environ-
mental impacts. Any environmental impacts peculiar to
any one of the projects must be separately set forth and
explained.
0 0 0 0
B. Later Projects. An fIR 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 amended to separately set forth and
explain said impacts. In this respect it is recognized that
the considerations facing the Board will vary depending
on the precise approval being requested. It will
therefore frequently be appropriate to prepare a basic EIR
for the proposed activity and to supplement the same with
appropriate amendments at the various stages of approval.
ARTICLE XII
MULTIPLE AND PHXT.SED PROJECTS
Section 44.
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_ under-
taking or a larger project, the agency may prepare one EIR
for all projects, or one for each project, but shall in
either case comment upon the cumulative effect.
ARTICLE XIII
STAGED EIR
Section 45.
(a) Where a large capital project will require a
number of discretionary approvals from governmental agencies
and one of the approvals will occur more than 2 years before
construction will begin, a staged EIR may be prepared covering
the entire project. in a general form. The staged EIR should
evaluate the proposal in light of current and contemplated
plans and produce an informed estimate of the environmental
consequences of the entire project. The aspect of the
project before the public agency for approval shall be
discussed with a greater degree of specificity.
(b) When a staged EIR has been prepared, a supplement
to the FIR shall be prepared when a later_ approval is require-cl
-41-
for the project, and the information available at the time
of the later approval would permit consideration of additiona7_
envir_onment-.al impacts, mitigation measures, or reasonable
alternatives to the project.
(c) Where a statute such as the Warren-Alqu.ist Energy
Resources Conservation and Development Act provides that a
specific agency shall be the Lead Agency for a project and
requires the Lead Agency to prepare an EIR, a Responsible
Agency which must grant an approval for the project before
the Lead Agency has completed the EIR may prepare and consider
a staged EIR.
APIICLE XIV - PARTIAL INVALIDITY
Section 46. In the event any part or provision of this Resolution
shall be determined to be invalid, the remaining portions of
the Resolution which can be separated from the invalid un-
enforceable provisions, shall nevertheless continue in full
force and effect.
-42-
ENVIRONMENTAL EVALUATION (SHORT FOFU4)
Name of Project Proposer:
Address.
Nature and Description of Project:
Address of Project:
(If Legal Description, Please Attach Separately)
Action by the District necessary for Project Implementation:
Is the Project of such significance that it will have a non-trivial
effect on the environment of the District?
Project Proposer: Yes No
District Yes No
If the answer is yes, a full environment impact
statement evaluation should be completed.
What is the environmental impact of the proposed project or action?
Are there any adverse environmental effects which cannot be avoided
if the proposal is implemented? If yes, what are they?
What mitigation measures are proposed to minimize the impact?
What
are the alternatives
to
the proposed action or project?
is,
other_ than not doing
it
at all?)
(That
EXHIBIT "A"
0 0
r 0
What is the relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity? (VLL11_ the proposed short-term use deter from the
maintenance and enhancement of long-term environmental goals?)
Are there any irreversible environmental changes which would be
involved in the proposed action or project should it be implemented?
How will the proposed project foster economic or population growth,
either directly or indirectly, in the community?
For District Use Only:
RECOMMENDED ACTION:
RECORDED AND FILED: Month
Day
Year
By:
-A2-
0 0
0 0
(District)
(Address)
STATEI,11-:NT OF NON-APPLICABILITY
Name of Pr_oj! ct: _
Location:
Entity or Person Undertaking Project:
1) Name
2) Address
Staff. Determination
The undersigned, having undertaken and completed a preliminary
review of this project in accordance with District's Resolution
entitled "Resolution of the Board of Directors of
District Adopting Objectives, Criteria
and Procedures Implementing the California Environmental Quality
Act" has concluded that this project does not require further
environmental assessment by this District because:
[ ] 1. The proposed acting does not constitute a project
within the meaning of Section 23.
[ ] 2. The project is a Ministerial Project under Section 4.
[ ] 3. The project is an Emergency Project under Section 26.
[ ] 4. The project constitutes a feasibility or planning study
under Section 27..
[ ] 5. The project is Categorically Exempt under Section 33.
Applicable Exemption Class
[ ] G. The environmental conseuuences of the project have been
previously identified in an EIR which was certified as
complete by the Board.
[ ] 7. The project involves another public agency which consti-
tutes the lead agency.
Name of Lead Agency
DATE:
0 0
This Project e7a ; (approved, di-,approvcd) by
(issuing body or person.)
on it
- (date)
was determined by the
(issuing body or person)
that the project (will, will not) have a significant effect on the
environment.
An Environmental Impact Report (~•7as, was not) prepared for this
project pursuant to the provisions of the California Environmental
Quality Act of 1970.
Signature
Title
Date
EXHIBIT "C"
NOT..Cl; OF LXEMi),j..fON
DISTRICT
address
TO: 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:
-1
Contact Person Area Code Telephone Extension
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency
approving the project? Yes No
DATE RESPONSIBLE OFFICIAL
EXHIBIT "D"
ENVIRONMENTAL CHECKLIST FOP14
(To be completed by Lead Agency)
I. BACKGROUND
1. Name of Proponent _
2. Address and Phone number of Proponent:
3. Date of Checklist Sul=itted
4. Agency Requiring Checklist
5. Nar.ie of Proposal, if applicable
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required
on attached sheets.)
YES MAYBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geological substructures?
b. Disruptions, displacements, cont-
paction or over-covering of the soil?
C. Change in topography or ground
surface relief features?
d. The destruction, covering or
modification of any unique geologic
or physical features?
e. Any increase in wind or water_
erosion of soils, either on or off
the site?
f. Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the channel of
a river or stream or the bed of
the ocean or any bay, inlet or lake?
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
EXHIBIT "E"
YES MAYBE NO
2. Air... Will the proposal. result in:
a. Substantial air emissions or
deterioration of ami)ient air quality?
b. The creation of objectionable
odors?
C. Alteration of air movement,
moisture or temperature, or any
change in climate, either locally
or regionally?
3. Water. Will_ the proposal result in:
a. Changes in currents, or the course
or direction of water movements, in
either marine or fresh waters?
b. Changes in absorption rates,
drainage patterns, or the rate
and amount of surface water runoff?
C. Alterations to the course or
flow of flood waters?
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters, or
in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
f. Alteration of the direction or
rate of flow of ground waters?
g. Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
h. Substantial reduction in the
amount of water otherwise available
for public water supplies?
i. Exposure of people or property
to water related hazards such as
flooding or tidal waves?
YES MAYBE NO
4. Plant Life. Will the proposal result
in:
a. Change in the diversity of species,
or number of any species of plants
(including trees, shrubs, grass,
crops, microflora and aquatic plants)?
b. Reduction of the numbers of any
unique, rare or endangered species
of plants?
C. Introduction of new species of
plants into an area, or in a barrier
to the normal replenishment of
existing species?
d. Reduction in acreage of any
agricultural crop?
5. Animal Life. Will the proposal
result in:
a. Change in the diversity of
species, or numbers of any species
of animals (birds, land animals
including reptiles, fish and
shellfish, benthi_c organisms,
insects or microfauna)?
b. Reduction of the numbers of any
unique, rare or endangered species
of animals?
C. Introduction of new species of
animals into an area, or result. in
a barrier to the migration or
movement of animals?
d. Deterioration to existing fish
or wildlife habitat?
G. Noise. Will the proposal result in:
a. Increases in existing noise
levels?
b. Exposure of people to severe
noise levels?
YES MAYBE NO
7..
8.
9.
10.
11.
12.
13.
L_igh_t_a.nd Glare. Will the proposal
produce new light or glare?
Land Use. Will the proposal result
in a `substantial alteration of the
present or planned land use of an
area?
Natural Resources. Will the
proposal result in:
a. Increase in the rate of use of
any natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
Risk of Upset. Does the proposal
involve a risk of an explosion or
the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation).
in the event of an accident or
upset conditions?
Population. Will the proposal alter
the location, distribution, density,
or growth rate of the human popula-
tion of an area?
Housing. Will the proposal affect
existing housing, or create a
demand for additional housing?
Transportation/Circulation. Will
the proposal result in:
a. Generation of substantial addi-
tional vehicular movement?
b. Effects on existing parking
facilities, or demand for new
parking?
C. Substantial impact upon existing
transportation systems?
d. Alterations to present patterns
of circulation or movement of
people and/or goods?
E4
YES MAYBE NO
14
15.
16.
e. Alterations to waterborne, rail
or air traffic?
f. :Increase in traffic hazards to
motor vehicles, bicyclists or
pedestrians?
Public Services. Will the proposal
have an effect upon, or result in
a need for new or altered govern-
mental services in any of the
following areas:
a. Fire protection?
b. Police protection?
C. Schools?
d. Parks or other recreational
facilities?
e. Maintenaa:ce of public facili-
ties, including roads?
f. Other governmental services?
Energy. Will the proposal result in:
a. Use of substantial amounts of
fuel or energy-?
b. Substantial increase in demand
upon existing sources of energy,
or require the development of new
sources of energy?
Utilities. Will the proposal result
in a need for new systems, or
substantial alterations to the
following utilities:
a. Power or natural gas?
b. Communications systems?
C. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
. 9 1 . 0 0 0 40
YES MAYBE NO
17. Human _Health_. Will the proposal
result in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health)?
b. Exposure of people to potential
health hazards?
18. Aesthetics. Will the proposal result
in the obstruction of any scenic
vista or view open to the public, or
will the proposal result in the
creation of an aesthetically offen-
sive site open to public view?
19. Recreation. Will the proposal result
in an impact upon the quality or
quantity of existing recreational
opportunities?
20. Archeo_loq_ical/Historical. Will the
proposal result in an alteration
of a significant archeological or
historical site, structure, object
or building?
21. Mandatory Findings of Significance.
a. Does the project have the potential
to degrade the quality of the environ-
ment, substantially reduce the habitat
of a fish or wildlife species, cause a
fish or wildlife population to drop
below self sustaining levels, threaten
to eliminate a plant or animal com-
munity, reduce the number or restrict
the range of a rare or endangered plant
or animal or eliminate important
examples of the major periods of Cali-
fornia history or prehistory?
b. Does the project have the poten-
tial to achieve short-term, to the
disadvantage of long-term, environ-•
mental 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.)
f
YES MAYBE NO
C. Does the project have impacts
which are individually limited, but
cumulatively considerable? (A
pr. of ec L- may impact on two or more
separate resources where the impact
on each resource is relatively
small, but where the effect of the
total of those impacts on the environ-
ment is significant.)
d. Does the project have environ-
mental effects which will cause
substantial adverse effect on
human beings, either directly or
indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
IV. DETERr%1INATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find the proposed project COULD 1,109' have a significant
effect on the environment, and a NEGATIVE DECLARATION
will be prepared.
I find that although the proposed project could have a
significant effect on the environment, there will not
be a significant effect in this case because the mitiga-
tion measures described on an attached sheet have been
added to the project. A NEGATIVE DECLARATION WILL BE
PREPARED.
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONIMENTAL IMPACT REPORT
is required.
Date _
(Signature)
For
Adopted this 27th day of January, 1977 by the following called vote:
Ayes: Directors, Clodt, Wagner, Knauft, Lindow and Korn
Noes: None
Absent: None
Abstain: None
Fred G. Clodt, President
ATTEST: ~j
Jea~E. Mathews, Secretary