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MINUTES - 03282000 - C67
i`O: Board of Supervisors Contra FROM: Dennis M. Barry, AICP COSI Community Development Director County DATE: March 28, 2000 SUBJECT: PROPOSED AMENDMENTS TO THE CONTRA COSTA COUNTY GUIDELINES FOR ADMINISTERING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT the Amended Guidelines (attached). FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The County adopted a comprehensive revision of the CEQA Guidelines in August 1985. Amendments were made to those Guidelines in January 1989 and April 1989. Over the ensuing years there have been significant changes in the State CEQA Guidelines and comprehensive modifications are again required to conform the County CEQA Guidelines to the State Guidelines. CONTINUED ON ATTACHMENT: J YES SIGNATURE ACTION OF BOARD ON March 28A.2000 APPROVED AS RECOMMENDED gam, OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND xx UNANIMOUS (ABSENT - - - CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Chamberlain (925/335-1213) ATTESTED_ March 28 - 2000 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF THE BOARD F SUPERVISORS AND COUNTY MINISTRATOR DMB\DC\:gms pl81bo10EQA Guidelines BY _ , DEPUTY CG4 CONTRA C05TA COUNTY a GUIDELINES for Aolministering the �ALIFOKNIA ENVIRONMENTAL QUALITY BCT cemm.nry oevoiopme ~ ^ � � TA13[E OF CONTENT5 ARTICLEtGENERAL.....~.,~...,.....^~..,~.~^^.^,.~^~_,~,^,^,^^~,^,~`^.,^^,^-,,^,,,_,^~^,^~^^,~,,~,^,.^,_^,,,.,,,,~,,~~,^^.~,_,^^,,1 iAPPLICATION....................................... ........................................................ .................................................. ^ U. PURP05E................................... .......................................... ........................~—.—~.--...--~.—_~—.^^ 111. �DLk��.._—_._--..—._.._____,_____._..______.~__..___^_____~_,_^,_.._.~_I K( ..................._ .................... .......... ................... ............................... .................... ..............^ % 15002,GENERAL CONCEPTS.—.—.---^---____.____~__________.___.____~._.^.,~_, 15006 POLICIES.............................................................. — ......... .......... .................. .................................... ~ 15004,TIME ofPREPARATION—..---- ......................... 160J5.TERMINOLOGY..... .................. .................... ...................................................... ................................... ~ K50Dro,REDUCING DELAY AND PAPERWORK... ............................ ......................................... ........... ........................ " 15007 AMENDMENTS...................................... ...........................-- .................................................................. ' ARTICLE 2.GENERAL REOPON5151LITIE5-~ ....~.,~^.~.~~,..,~,~,~ ,,,~~~~~^~~~~~,~'_~~~_.~,~~^~~~~9 15x]20.GENERAL........... ............,— ........................ .......... .........................`............. ^_ ..... ...... _~..........^ 15021.Durrrn>WiNimoEENVIRONMENTAL DAMAGE AND D^LAwcsCOMPETING PUBLIC 0nJsoInE5............... ......... ..........9 15022.PunLtc AGENCY IMPLEMENTING PROCEDURES.............................................`............... _ ......................... .....9 150J3.OFFICE nfPLANNING AND RESEARCH(OPK).......... ........................................ ......................... .................. 11 B 15025,DELEGATION OF —.--------~---_—'._—..--_.___.___.___..__~._ ARTICLE3iAUTHORITY.......~....~...,-.,^,~^.,-.~^^^.^.-^....,~^^.^^^,.,^`~.^^~,..^^~,.,-.,',~.^~^^^^^^..~..^~~,~-^.^,~.~.....~~~^,.13 15[4{IAUTHORITY PROVIDED oYCEQA................. ............ ...... ... ..................................................................... 13 �] 15041.Aurxomr,noKAnIGxTs-----------------------_----_--_--__—__—_' 15C42.AUTHORITY ruDISAPPROVE PROJECTS........ ....... ..... .... .... ....... ............... ....___............................. .... 14 15O48.AUTHORITY noArrnc*cPROJECTS Dsspns51Gw/+IGAwnEppscrs— ... — .......... — ................ — ......... ......... 14 l4 15D44.AoTxonnYToCouwsxr--.------------_--_—__—_—_________________ l4 15CuH�FEES.--------.---.--------------------------------------' ARTICLE4`LEAD ..^_^~.^,,—~.,^_._~~^,,~~,,^~,,~,~..~~_.^~,,~_~~..~,__~~.~_..~ 15 15050.LEAD AGENCY CONCEPT....... ............ ... — ....... ........... ........ ----- ...... ........................ ............... 15 1B05H.CRITERIA FOR IDENTIFYING THE LEAP AGENCY..... ........... ....... -------- ...... ....... ................... ........ 15 150V52,5*1FTwLEAD AGENCY Dss16wxnow...—............................. —....... --------------.---..— 16 15053. DESIGNATION opLEAP AGENCY m,OFFICE orPl^mwINOAND RESEARCH.........--........ --............... ........ .... l6 ARTICLE 5.PRELIMINARY REVIEW OF PROJBCTO AND CONDUCT OF INITIAL 5TUDY..........~....~..............~...... 17 15060.PRELIMINARY REVIEW------------------------------------------- 17 15060.5.PmsxrruCxnowCONSULTATION ........ ........-- ............. ....................... ...... .............. --........ — .... 17 150ro|.REVIEW FOR EXEMPTION........ ... ....— ................. ........—.... ............... ......... ........ ........................... ... lQ l& 15062.NoncEopExswpTmw---------------_--_—____________~__________. lA 15083. �nmL 5TooY —.---.-----_-----------'—.---..---.------'---`--..^—. 150Q4. Dcrsmawo«C,THE 610wIFICAwceopTHE ENVIRONMENTAL EFFECTS CAUSED DY APROJECT....... ............................Zl 15004.5. DETERMINING TxcSxswIFICxwcsOF/wpACr5To ARCHEOLOGICAL AND H15n»KIcALRESOURCES......... ............ ...24 15D047.THRESHOLDS op51Gw/pICxucs............ ...........---....... ................ ................. ......................................2/ 15065,MANDATORY FINDINGS o+Sxsw/puawcs—........... .............................. ... .... ..................................... .......28 ARTICLE ftNEGATIVE DECLAK\TKJNPR0CE55...._~.~.~.~~. ~~.-,..^-.~.^_~~,~~,,^~,~,~^~~~_,~~~~~,_29 15070. DECISION nrPxErxnexNEGATIVE onMITIGATED NesAnwsDECLARATION........................ ............ — ..........—29 39 k; 15072. NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION...............................29 15073.PUBLIC REVIEW OF A PROPOSED NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.............................31 15073.5.RECIRCULATION OF A NEGATIVE DECLARATION PRIOR TO ADOPTION...................................................................31 15074.CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION......................32 15074.1.5UBSTITUTION OF MITIGATION MEASURES IN A PROPOSED MITIGATED NEGATIVE DECLARATION..............................33 15075.NOD ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED.33 ARTICLE7.Elk,PROCE55.....................................................................................................................................35 15060.GENERAL...............................................................................................................................................35 15081. DECI5ION TO PREPARE AN EIR.....................................................................................................................35 15081.5 EMS REQUIRED BY 5TATUTE.....................................................................................................................35 15082,DETERMINATION OF SCOPE of EIR...............................................................................................................36 15063.EARLY PUBLIC CONSULTATION.....................................................................................................................38 15083.5.CITY OR COUNTY CONSULTATION WITH WATER AGENCIES................................................................................3$ 15084.PREPARING THE DRAFT Elk........................................................................................................................40 15085. NOTICE OF COMPLETION.............................................................................................................................40 15066.CONSULTATION CONCERNING DRAFT Elk.......................................................................................................41 15067.PUBLIC REVIEW OF DRAFT EIR.....................................................................................................................42 15088.EVALUATION OF AND RESPONSE TO COMMENTS..............................................................................................43 15086.5. RECIRCULATION OF AN Elk PRIOR TO CERTIFICATION......................................................................................44 15089,PREPARATION OF FINAL Elk.......................................................................................................................45 15090.CERTIFICATION OF THE FINAL EER.................................................................................................................45 15091.FINDINGS.................................................................................................................................................45 15092.APPROVAL...............................................................................................................................................46 15093, STATEMENT OF OVERRIDING CONSIDERATIONS...............................................................................................47 15094. NOTICE OF DETERMINATION.........................................................................................................................47 15095. 0151`05ITION OF A FINAL Elk.......................................................................................................................4$ 15096.PROCESS FOR A RESPONSIBLE AGENCY.......................................................................................................4$ 15097. MITIGATION MONITORING OR REPORTING........................................................................................................50 ARTICLE8.TIME LIMIT5.......................................................................................................................................52 15100.GENERAL................................................................................................................................................52 15101,REVIEW OF APPLICATION FOR COMPLETENE55...................................................................................................52 15102. INITIAL STUDY.,............ ............................................... ............. ...........................................................52 15103. RESPONSE TO NOTICE OF PREPARATION.........................................................................................................52 1510$.CONVENING OF MEETING5...........................................................................................................................52 15105.PUBLIC REVIEW PERIOD FOR A DRAFT EIR OR A PROPOSED NEGATIVE DEC OR MITIGATED NEGATIVE DEC....................53 15107,COMPLETION OF NEGATIVE DECLARATION........................................................................................................53 15108,COMPLETION AND CERTIFICATION OF Elk.........................................................................................................53 15109.SUSPENSION OF TIME PERIODS....................................................................................................................54 15110.PROJECTS WITH FEDERAL INVOLVEMENT..........................................................................................................54 15111.PROJECTS WITH SHORT TIME PERIODS FOR APPROVAL.........................................................................................54 15112.STATUTES OF LIMITATIONS............................................................................................................................55 ARTICLE 9.CONTENTS OF ENVIRONMENTAL IMPACT REPORT5...........................................................................56 151207.GENERAL.................................................................................................................................................56 15121. INFORMATIONAL DOCUMENT............ ......... ........-.................................... ................ ................. ...... ....56 15122,TABLE OF CONTENT5 OR INDEX......................................................................................................................56 15123.5UMMARY................................................................................................................................................57 15124, PRoJECT DE5CRIPTION................................................................ ..........57 ...................................................... 15125. ENVIRONMENTAL 5ETTING . ............................................................................................... ..58 . ......................... 15126.CONSIDERATION AND 015CU551ON OF ENVIRONMENTAL IMPACT5..........................................................................58 II 6, 15126.2 CONSIDERATION AND Puacmssmmu*510wIFICxwTENVIRONMENTAL IMPACTS......................................................5V 16126.4 CONSIDERATION AND DISCUS51ON OFMITIGATION MEASURES PROPOSED TO MINIMIZEOIGNIACANrEFFECTS............59 15426.6 CONSIDERATION AND DISCUSSION opALTERNATIVES roTHE PROPOSED PROJECT................................................6l 15127.LIMITATIONS owP*ocumsmwopENVIRONMENTAL IMPACT...................................................................................64 15125,EFFECTS NOT FOUND n}nE SIGwpICAwT.................................................................................... ..................mw iG4Q8.ORGANIZATIONS AND PERSONS CoweuLnED-......................... ...... ........................ .......................................** 15C3D.DoCU65mwopCUMULATIVE IMPACTS............................... .................... .............................. ........................u+ 15131.ECONOMIC mvo5ou«LEFFECTS................................................ ............................... ..................................ou 15132.CONTENTS opFINAL ENVIRONMENTAL Iur^zT REPORT....................... ..............................................................*/ ARTICLE 10,CONSIDERATIONS!NPREPARING E|K5 AND NEG/WEDECLARATIONS.........................................6W 1G140�WRITING...................................-- ..............-................. ...................-................................................6Q 15141.PAGELimn-.-.-_-_--.-.--------^---^----^----'^^--'^--'^----^^'^^^68 15142. !wrEm7eCIPuwxmYArpnomC*............... ......................... ......... ................................................... .............oo 15143.EMPHASIS.............................. ................................................................................................................6m 15H44.FORECASTING............................................... ................... - ............ -.... ..........................................-nm 15145.SPECULATION..................................................... ................... ................................................... ......... ...6o 15H^A6. DEGREE Of:SPECIFICITY............. .............. ...... ........................ .........--........................ ........................ov 15147.TECHNICAL DETAIL....... ........................ ................... ................... ....... ......... .......... --.........................60 15145.CITATION...................................... ....................................... ............... ..... -...... ...........'......................vx 15148.USE opREGISTERED PROFESSIONALS mPREPARING EIFZ5.................. .................. ................................... ......69 1515O. INCORPORATION mYREFERENCE. ...................... ..................................- ............. ...................................... «/ 1515U. STANDARDS FOR ADEQUACY opmvBFZ....---- ................ ............. .................................................. ...../o n5152.TIERING..............................- .......... .............. ................- ......... ......... .............................................7l \5%5S. USE oFxwEUKFROM^wEARLIER PROJECT........................................... ......... .................... ........................7Z 15154. FRwscT5NEAR AomroRTS........ - ......... - ...............-- ....... .............. ......... .......... ....................... /3 ARTICLE 1tTYPES Of ~^~^^..,^^^^~...._~..^_~~^~~. ,~~~.~.^~..~~.~~.../m 15160.GENERAL......................--............. ........ ...... ........ ....... .......... -- ............. ............ ........ ........... /5 1516lPROJECT EIPi----- ..... ..............----........................... -- ...... ........................ -... ................... /o 15U62.5mnssooswrBRsAND NEGATIVE DscLxeAnow5.........-----------------............................../5 15U83.SUPPLEMENT To^mBK.................. ..................................... ---........ ...... ......... - ....-- ... ............/u 15164.ADDENDUM ToxwE|Ror,NEGATIVE DsCLAnxrmw...... ............... ...... .......... -....................... ................. ...77 151005. MULTIPLE AND PxpSsnPROJECTS....... ...... .............. ....... ............-................. ....................................... // 15466.EUR.AmPART uF AGENERAL PLxw ............ .................... ......- .... ...... ............ ........................................// 15167 STAGED Ekl.......--....... .... .... ....................... - ........................... ......--- .............................. /« 15165.PROGRAM EUP......................................... ...................-.......... ................................................... ........70 15109. M^srsmENVIRONMENTAL ASSESSMENT................. .................................. ........... ....................... ..............oo 15170.JOINT G{K-Ek5.................. --...... ............. ...----.......... .............. -........ .................. ........ .--8l ARTICLE12.SPECIAL SITUATIONS.......................................................................................................................w2 1518D. REDEVELOPMENT PROJECTS............. .........................- .................... .................. .............. -..................mz 151f*. HOUSING AND NemmooK*m`nCOMMERCIAL FACILITIES mUmn^mosPAmsas....... ........... ............. ...................82 15162, Re51nswnALPxousCTmPURSUANT noA SPECIFIC PLAN............. ...... ................................. ...... ................ ...U3 15153 PROJECTS CONSISTENT WITH ACOMMUNITY PLAN mnZONING ..................................... ............... --........ ........W4 15N84,ET^TsMANDATED LOCAL PROJECTS....... ....................... ....... ...... ................. ............................ ... -..... .Xo 15165,ADMINISTRATIVE APPEALS.............. ................ ........ .......... ............ .................. ........ ................ - ...uo 15156,SCHOOL FACILITIES......................................... ......... .......-- ........ ..... ... ............-- ......... ----uo 15167.EwwnuwuEwr*L REVIEW opNEW RULES AND RsaoLarmwe--................ ............. -------......- .........-8& 151&5,FOCUSED EKRFOR POLLUTION Cowrmz EmuIPwswr....... ..........------------- ....... .....- ........ -mv 15189,COMPLIANCE WITH PERFOKMANCE 5TANI)AKo op,TREATMENT REOUIREMENT RULE OP REGULATION........ ...... .....90 15190. DEADLINES FmnCOMPLIANCE WITH 5scnums151 E�bxwo15153.........---........... ................. ................. .....9U iii � ARTICLE 13.REVIEW AND EVALUATION OfEUR5 AND NEGATIVE 91 15200.PURPOSES oPREVIEW......... ............................................................................... .....................................9% |52D1.PumLICPARTICIPATION.................................. ........................... .................................................................9I 152X}2.PuIXIcHF:mnwcs.................................................. .................................................................................9% 15203,AvEam^oE TIME For,REVIEW AND COMMENT..................................................................................................»2 t52Q4,FOCUS mPREVIEW...................................... ....................... —........... .......................................................92 15205`xEvoavoYSTATE AGENCIES................................................. .............^......................................................93 152k01PROJECTS opSTATEWIDE, Ksamw^L,osAnEmwIDs910wIFICxwCc........ ............... ................... .......................94 152CtFAILURE nmCOMMENT............................... —............................ ........ .............. —.-........... ..................zz 152O6.RETENTION AND AvmL^onnropCOMMENTS .............................. ----'........... — ............... ................. yo 15209.COMMENTS owINITIATIVE orPua1.ic AGENCIES.................. .......................................... ......... ......................96 ARTICLE 14.PROJECTS ALSO SUt3UECTTDTHE NATIONAL ENVIRONMENTAL P0LKYACT 97 �7 �22O.GEwsmm-.....—...----..--...---..—.---.—.---..—.--___._____^,.~._._~._,`~'... 15221.NEPA DOCUMENT READY DsponsCEQADocowEmr......... ...........................................................................9/ 15KM,PREPARATION opJOINT DOCUMENTS............. ............... ................... ..................................... .....................:/ 15223.CONSULTATION WITH FEDERAL AGENCIES. .............................. .................. .............—....... ...................... ..x/ 15224TIME LIMITS.................. ...... —..... .......-- ......... ......... .................................... ............................—.xa 1G225.CIRCULATION opDOCUMENTS... ........................ ............... ........... .... .... ....................—............--........88 15226.JOINT ACTIVITIES.................... ......... ...... .......... ........................ ............ --...-- .... .................. ....90 15227.STATE COMMENTS ow^FEDERAL PROJECT.............. ............................. .......................— ........................ 'A9 15228.WHERE FEDERAL AGENCY WILL NOT[morsmnc................................................................... ........................*v 15229.Dm5ELIwsAuA»naoFOR MILITARY D/5sREUSE PLAN BR5..... .............................. .......................................Y9 ARTICLE 15.LITIGATION~~....~~..~~~.~~~...~~~,~.~~.^~.~~,..~~.~,~.^.~. _~..~...~....~.~~~.~..~xoz Y523D.TIME LIMITS AND CRITERIA...... ....................................... ........... .............. ............ ........................ ........ lO% l525 .Aosnumr'OF 5|ROF,NEGATIVE DECLARATION FOR USE 13,Kesrows/mLsAGENCIES..........--....... ............... lO2 15252 REQUEST Fop,HEAKING....................... ............................ .............................................. ....................... 102 15233,CONDITIONAL PsKwnO.................... ......... ......... ......... ....... .... ................... — .................... ...... .... l02 ARTICLE16.BKWDN[R}�.................................................................................................................................. 1A4 15240EURMONITOR .......---.......—..... —........ ............. --- ...... ....-- .................. ............. — ........... lO4 ARTICLE[lEXEMPTION FOR CERTIFIED STATE REGULATORY PROGRAMS....................................................... 1O5 1525O.GENERAL........... ............ ...... ......................................... — ........... ... ................ .......... ..... ... ...... lO5 15251. LIST cFCERTIFIED PROGRAMS- ...... ................ .............................. ........... ......... ..................... .............. 105 85252 6mI55nrone[»OCuwsmr— ............. ......... — ....................... .......... .......... ... ....... ............................ lU6 15253. USE cF*uBK 5uc6TnursovxRssrowsmLsAGENCY........ ------- ......... ............................ ........ l07 AIZTICLE1O`STATUTORY EXEMPTIONS.............................................................................................................. 189 15200.GENERAL........ --.................................... ............... —.......... ..........--....... ............ ............. ...... l0g 1529.OwOmwsPROJECT .... ......... ......... ------- ...... -------- ............ ---- .................... i09 U5262. FsmemmTYAND PLxww/wsSrumes..... ................. ...... .................... -- ....... —....... -- ............. —' llO 15203. 015Ca^nGsRsuoIKswswTa ..... -- .............. ........--............— ....— ..... ..................... — ............... llO 15264,TiuoswzxwoPRESERVES.... ....... .....—.............. ..................— .......... .........--............ ..................... llO � 152Q5.AmnpTmuopCOASTAL PLAmsAND Pm0unAus— ....... ........ ...... — ......... -- ............ -- ................. llO 1526505.GENERAL PLAN TIME EXTENSION. ....................... — ................ — .................. .......................... ........... ll0 15207 FINANCIAL Aes15TxNCE nrLow mrkJunsKATs|wcnwsMous/ws......-- .... —............. ... ................ ---- lll 15205.kJmersm^L PROJECTS... ......... ....—............ ............ ... — ........... .......... --........... ....................... >ll 15269.EMERGENCY PmuJscns.... — ..............— ........................ ........... .......................... ........... .......... -- ll} 15270.pmoJscn5 WHICH xxs0aArrmovsn-- ...... ------........ ....... — ...... -- ................. ......... 112 - M5271.EwKLrACTIVITIES RELATED noTHERMAL POWER PLANTS................................................................................. l22 15272.OLYMPIC GAMES.............................................................. ..................................................................... 113 t5273.R^nss.TbLu5.FARES,AND CHARGES....................................................................................... ................ I13 15274.FAMILY DAY CARE HOMES........................................................ .............................................. ................ ll3 15275.SPECIFIED Mp5sTRANSIT PmoscT5..... .................................................................................................... 114 85276.TRANSPORTATION IMPROVEMENT AND CONGESTION MANAGEMENT PROGRAMS........................................... ....... 1l4 15277.Pnz#EcnsLOCATED OUTSIDE CALIFORNIA.................................................................................................... 1l4 15275.APPLICATION upCu^TIwe�........ .......................... ................................................................................... 114 G5279.HOUSING FOR Aojux000RAuEwpur/sea........................ .......................................................................... ll5 K5260.LovEn-IwcowEHOUSING Pno-JsCp5.............................. ........ ............................................................... l&6 15251.Air,QUALITY PERMITS.............................................................................................................................. lI7 1528ZOTHER 5n«VTomrExEwrrmwe......................... ...................................................................................... ll7 15K283.HousoNoNEEDS ALLOCATION...........- ................................ .................................................................. ll0 11D �2&4 P�sumcS-..-..-.-.-.-.-.--_-^-..--.....---..--~^----~.--''^'-..-.-~^--~^' 15285.TRANSIT AGENCY Kssrowss5noKsvEwus!5*omTpxu5............. ......... .................................................... l2l ARTICLE1lCATEGORICAL B0EMIFTkJN5...........................................................................................................122 153CKlC^nEContCALExswrnou5 ......................... ....... ...................... ............ ............................................ l2% 15300 .PELxnowTohi/w15rsm^L PROJECTS...--- ...... ... -...... ....-......- ...... - ....---......... ................... 122 l�2 153O0.2.B�srrmwe-.-----.---------------------------.-.---.------- 153OO.3.PEmmtznoLIST opCATEGORICAL EXEMPTIONS.... - ....... ..............-.--- ......... ....... ............... l23 153004.APPLICATION 8,pocxic AGENCIES................... ................ ............. -............................ ................... l23 153CV. ExI5nwaFACILITIES........ ........................ .............................................................. ......... .................... l23 153D2.REPLACEMENT unKEcoumTnucnww................. .......... ..................... ................... ................................. 125 15303.NExCONSTRUCTION oR CONVERSION Vp5wxu5Txucrucsa... ................................................ ................. l25 15304.MINOR,ALTERATIONS TmLAND.............................. ........................ ....................--................................ l26 15305.MoNor,ALTERATIONS mLAND UsELIMITATIONS................. ........................................... ..................- ....... l%6 1B3O0. INFORMATION COLLECTION........ ............... .......... ................................................................................... 127 15307,ACTIONS 5Y RsaoLAnom'AGENCIES FOR PROTECTION oFNATURAL RseuumCE*...........................................-.. l27 15305./xcTmw5oY KseuL^n:RrAGswosS FOR PROTECTION opTHE ENVIRONMENT-.... --. ......... ........ ............... l27 152xJ9. hy»rscTmm5...........................- ...... ....- .... ........ .... .....- ..... ......... --- .......................... ...... l27 15310. Loaw5-.---.---------------------------------------- 127 15311.AcCcs50nY 5TxoCToRE5......-- ....... .......-.........- ........ ............................................ ...................... lI7 15312.SURPLUS GOVERNMENT PR»nsnrr5xLss...----- ............... ........ ..........--............ ................ ....... l28 15313.Aozol5mowopLANDS FOR WILDLIFE CouscmxAnonPUKro5se...... .......... ......................... ......... ... ........... l3Q 15314`MINOR AoomoweTo5c*mOL5........ ..............................................................-........................................ l28 1B315MINOR LAND 0vI5mwe.............................. ............... ............. ............. ..................... ..................... ... .. 128 15Z316iTRANSFER or0wwcrS*IPopLAND wORDER nuCREATE PARKS......................................... ........................... l2Q 1G517.OrF-w5rmCE CONTRACTS op,EASEMENTS............. ...... --...... ...... .................. ........................................ l2g 153\G\DESIGNATION upVVuoenws!3sAREAS....... --- ......... .....---... -................ -... .....-........ -..... ...... 129 163QElANNEXATIONS orExISrmaPmxLms5ANE)Lo,5Fop,Exswr F/CmrIEs.... -.............. ... ........ ............. ... l29 1532O.CHANGES wORGANIZATION urLOCAL AGENCIES.... ....... ......... ... .............. ............. ..... ............... ... L30 15321. ENFORCEMENT Acnnws13Y REGULATORY Ascwuss..................... ............. ......- ......... ....... ... ........ ...... l30 15328 EDUCATIONAL onTRAINING Pnnan^wsINVOLVING No F*/s1CaLCxxwaes ......... ......... ................................. 80 1532S.NORMAL OPERATIONS orFACILITIES FOR PucxoGATHERINGS....... - ......... ........... ..... ................. ....... ' l3l 15324. REGULATIONS opWORKING CONDITIONS ...... ................................... ......................... ................... ............ 131 15325.TRANSFERS OF OWNEK5HIPOF INT. INLAND mPRESERVE EX15TINoNATURAL CONDITIONS AND H15T, RE50URCE5... lJ1 1532ro.AcoulSnmwopHOUSING Fop,Hous/wsAe,6erxwcsPmzenAws..................----............. .......- ..........- l32 15327.LEASING NswFACILITIES.................... _-- .................. .... ..... ........... ....... .... ....... ................- ... l32 15S28.5uALLHYDROELECTRIC PROJECTS/nExenwaFxounss- ..... -....... ------.......... -.................... l32 15329.{t)acuspAnOwPmOJscn5xrExl5nwsFxcunIF5...... ........... ...... --- .......--------................... L33 � 15558MworAcTmN5 TOPKEVENT.WINIMtZE,!5TA5IuZF, MrTtGmsoF,ELIMINATE THE RELEASEoKTHpEmOF KELEA5s opH^7-Amvou5YV^snanmHxzanmous5uesn^wcc6................................................................................... l33 15331. HISTORICAL RESOURCE RE5nnwTmw/REx^nunarmm........................ ........... ...... .................................. .... 134 15332. IN-FILL DEVELOPMENT PROJECTS..................................... ......... ............. ....... ......... ............................... l34 AKTICLEI0.QEFINMl0N5..................................................................................................................................&36 }538D.GswEwmL..............................................—~ .............................. ......................................................... 136 15551.APPLICANT........................................................ .................................................................................... l26 15352.AnrIKOou............................................................................................................................................. 236 15353.CGIJA................................................................................. ................................................................ 136 15254.CxrEaoiacm'EXEMPTION......................................................................................................................... l36 15355.CUMULATIVE IMPACTS........................ ....... ......... .............. ........................................................... ........ l36 163B00.Dec6mw-WmuwO t3ocY................ --.............. .................................................. ............... ................ l37 15357,015CRETmwAwYPROJECT ..................................................................... ....................... .......................... l37 U53B5.ErpsoS.................................................................................................. ................ .......................... l37 1G559.EMERGENCY...................... ............................... ............... ........ ....................—.^......... —. ................ l37 15360.EwwnowwswT....................................—................ ...... .............................................................. ...... l3# 15561.EwnnowuswrALDOCUMENTS........... .................... —. ................... ......................... ............................... l3B 152W92.EUK-ENVIRONMENTAL IMPACT Rsronz—......... ....................................... ................................................. l38 15263.EIS'ENVIRONMENTAL IMPACT 5T^TewswT................... ............. —....................................... ................... l38 t5364.FsmamLs............................................_--- ......... .............—................... .................................. ... l38 15365.INITIAL 5ronv................. .................. --............. ----------------------.---.. 128 U5386.JuimotcvmworLmw.................................—........................ ................ —..... ......—............ .............. l39 t52W57,LsxnAGENCY.............— ............. ........................--- ...... — .......... ............................................... l39 16366.LOCAL AsEwcY ................ ......... .... ............. .... ................ ............. .............. ................................ D9 1G369. MweTsmAL.................. .... ....... ............... ....... ...... ........................ ................. ...... ................... l30 153Q9.5ikdnIGxTEPNEGATIVE DECLARATION.............................................. ---...............— ....... ............ ...... l4O K537CtMITIGATION.............. ................... ......................... .... ............................................. ...... .................. l4O t5371.NEGATIVE DsCLAnxrmw....... ............ .............. ......— ...... --- ......... ................... ............ ................. 140 15372.NOTICE opCOMPLETION.... ...........................___..............----............... ............................. .......... ... l4O 15373.NOME opDETERMINATION.... ..... ............................ ................... ....... ................. ...... ...... ................. l4l 15S74. NOTICE o+EXEMPTION....................................... — ..................-- .................... ...... ........................... l4l 1G375. NOTICE opPnsrAvmTmu ..... ......... ........... ........... ... ....____......... ............ .................. ............... l4l 15376.Psn5ow ...................... ............. .................... .......... ........... ............................................................ l4l t5377PnxvosPROJECT................ ............ ................................. ............. --- ............... ......... ................ l4l 15375.Fmzuscr........................... ............... .................... .............. .... ................... ............... .................. ' l4l 15379FuDLicAGENCY............. ............................................... — ...... --.................................................... 142 153V}0.EwnxwGsnEnRxmEOF,T*Ke*TEmem5rEoss....... ............................ ...... .................. ..................... ... � l42 15384.Ra5nzwsmLsAaswcY—...... ...........-- ................ ................... — ............ ........................................ l43 15362.516wmcAwTEFFECT uuTHE ENVIRONMENT...--- ..............----............-- ...... .......___........ ........ l43 x5353,5TxrsAGENCY................ ........ ...............___........ --........ ............... ........ ............ .......... ' l44 153£4.5uneTAwrmLEwosmce--..................... ..... ........ ------------- ............ — ................... \44 15386,Tismwo........ .................. ......--........... ..... ............................... .......... ...... ....... .......................... l44 15356iTroa7csAGENCY.......... ....... ...... — ............. ...................... ............ ....... .......... ................. — ...... l44 Article 1. General 1. APPLICATION These guideilnes are applicable to Contra Costs County and special districts and agencies governed by the Board of Supervisors. They have been prepared to be consistent with and to supplement the California Environmental Quality Act(CEQA)and the State Guidelines. 11. PURPOSE The purpose of these guidelines is to set forth definitions, procedures, and criteria to be used by Contra Costa County in Implementation of the California Environmental Quality Act, Public Resources Code, Section 21000, at sect.(CEQA),and Chapter 4.5 of the Government code,Sections 65920,et sect. The legally required preparation, review, and comment procedures for environmental documents provide the opportunity for citizens, all professional disciplines and public agencies to critically evaluate the environmental document and the manner in which technical data are used. III. POLICY A. INFORMATION DOCUMENT, An Environmental Impact Report (EIR) is an informational document which, when fully prepared in accordance with CEQA and these Guidelines,will (1) Information governmental decision-makers and the public about potential, significant environmental effects of proposed activities. (2) Identify ways that environmental damage can be avoided or significantly reduced. (3) Prevent signficant,avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be.feasible.. (4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose. (5) Evaluate public and private projects with the same level of environmental review. The information in an EIR constitutes evidence that Contra Costa County shall consider along with any other information which may be presented. While major consideration is given to preventing environmental damage, it is recognized that Contra Costa County has obligations to balance, other public objectives, including economic and social factors, in determining whether and how a project should be approved. Economic or Social information may be included in an EIR or may be.presented in whatever form the County desires. If not related to a physical change, either directly or indirectly,the economic or social effects shall not be significant effects on the environment. 1 B. EARLY PREPARATION. An EIR is a useful planning tool to enable environmental constraints and opportunities to be.considered before project plans are~`finalized. EIRe should be prepared as early in the planning process as possible to enable environmental considerations to influence project programming and/or design. C. APPLICABILITY. These Guidelines have only general application to the diverse projects undertaken or approved by Contra Costa County or agencies administered by the County and shall be interpreted in terms of specific projects to the extent necessary to carry out state or County policies. Actions by the Board of Supervisors which comply with CEQA and the State Guidelines but deviate from the strict application of these County Guidelines shall prevall over these Guidelines. IV. ORGANIZATION These Guidelines are adopted from the State CEQA Guidelines. For ease of reference,the section numbers of the comparable State Guidelines are,shown in parenthesis in the left hand margin of these Guidelines. 15002. General Col'icept5 (a) Basic Purposes of CEQA.The basic purposes of CEQA are to: (1) Inform governmental decision-makers and the public about the potential, Significant environmental effects of proposed activities. (2) Identify the ways that environmental damage can be avoided or Significantly reduced. (3) Prevent Significant,avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible. (4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved. (b) Governmental Action.CEQA applies to governmental action.Thio action may involve: (1) Activities directly undertaken by a govemmental agency, (2) Activities financed in whole or in part by a governmental agency,or (3) Private activities which require approval from a governmental agency. (c) Private Action. Private action iS not Subject to CEQA unless the action involves governmental participation, financing,or approval. (d) Project. A"project" is an activity subject to CEQA. The term "project" has been interpreted to mean far more than the,ordinary dictionary definition of the term.(see: Section 15376.) (e) Tirria for Compliance. A govemmental agency is required to comply with CEQA proced urea when the agency proposes to carry out or approve the activity. (See: Section 16004.) 2 (f) Environmental Impact Reports and Negative Declarations. An Environmental Impact Deport(EIR) is the public document used by the governmental agency to analyze the significant environmental effects of a proposed project, to identify alternatives,and to disclose possible ways to reduce or avoid the possible environmental damage. (1) An EIR Is prepared when the County Community Development Department finds substantial evidence that the project may have a significant effect on the environment.(see:Section 15064(a)(1).) (2) When the County Community Development Department finds that there is no substantial evidence that a project may have a significant environmental effect, the agency will prepare a "Negative Declaration" Instead of an EIR.(See: Section 15070.) (g) Significant Effect on the Environment. A significant effect on the environment is defined as a substantial adverse change In the physical conditions which exist in the area affected by the proposed project. (see: 5ectlon 15352.) Further, when an EIR identifies a significant effect, the government agency approving the project must make findings on whether the adverse environmental effects have been substantially reduced or if not,why not.(see:Section 15091.) (h) Methods for Protecting the Environment.CEQA requires more than merely preparing environmental documents. The EIR by itself does not control the way in which a project can be built or carried out. Rather, when an EIR shows that a project would cause substantial adverse changes in the environment, the governmental agency must respond to the Information by one or more of the following methods: (1) Changing a proposed project (2) Imposing conditions on the approval of the project; (3) Adopting plans or ordinances to control a broader class of projects to avoid the adverse changes; (4) Choosing an alternative way of meeting the carne need; (5) Disapproving the project; (6) Finding that changing or altering the project is not feasible; (7) Finding that the unavoidable significant environmental damage is acceptable as provided in Section 15093. (1) Discretionary Action.CEQA applies in situations where a governmental agency can use its judgment in deciding whether and how to carry out or approve a project. A project subject to such judgmental controls is called a "discretionary project."(See: Section 15357.) (1) Where the law requires a governmental agency to act on a project in a set way without allowing the agency to use its own judgment, the project is called "ministerial;" and CEQA does not apply. (see: Section 15369.) (2) Whether the County has discretionary or ministerial controls over a project depends on the authority granted by the law providing the controls over the activity. 5imiiar projects may be subject to discretionary controls in one city or county and only ministerial controls in another.(see: 5eotion 15266.) 3 �f (j) Public Involvement. Under CEQA,an agency must solicit and respond to comments from the public and other agencies concerned with the project.(5ee:Sections 15073,15056,15057,and 15085.) (k) "three Step Process.The County Community Development Department will normally take up to three separate steps in deciding which document to prepare for a project subject to CEQA. (1) In the first step the County Community Development Department examines the project to determine whether the project is subject to CEQA at all. If the project is exempt, the process does not need to proceed any farther. The Department may prepare a Notice of Exemption. (5ee: sections 15061 and 15062.) (2) if the project is not exempt,the County Community Development Department or other County department, takes the second step and conducts an Initial 5tudy(section 15063) to determine whether the project may have a significant effect on the environment. If originating outside the County Community Development Department, the originating department then submits the initial study to the Community Development Department for review. If the Initial 5tudy shows that the project will not have a significant effect,the County Community Development Department prepares a negative declaration. (5ection 15070 et seal. If the Initial study shows that there is no substantial evidence that the project may have a significant effect,the County Community Development Department prepares a Negative Declaration. (5ee: 5ections 15070 at seal.) (3) if the Initial 5tudy shows that the project may have a significant effect, the County Community Development Department takes the third step and prepares an EIR.(5ee:5ections 15080 et sect.) (1) Certified Equivalent Programs. A number of environmental regulatory programs have been certified by the Secretary of the Resources Agency as involving essentially the same consideration of environmental issues as is provided by use of ERs and Negative Declarations. Certified programs are exempt from preparing EIRs and Negative Declarations but use other documents instead.Certified programs are discussed in Article 17 and are listed in 5ection 15251. (m) This section Is intended to present the general concepts of CEQA in a simplified and introductory manner. If there are any conflicts between the short statement of a concept in this section and the provisions of other sections of these Guidelines,the other sections shall prevail. 15003. Policies In addition to the policies declared by the Legislature concerning environmental protection and administration of CEQA in sections 21000,21001,21002, and 21002.1 of the Public Resources Code, the courts of this state have declared the following policies to be 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 Inyo v. Yorty,32 Cal.App.3d 795.) (c) The EIR is to inform other governmental agencies and the public generally of the environmental impact of a proposed project. (No Oil, Inc.v.City of Log Angeles,13 Cal.3d (58.) 4 L�C9 �l (d) The EIK Is to demonstrate to an apprehensive citizenry that the agency has, in fact,analyzed and considered the ecological Implications of its action. (People ex rel. Department of Public Works v. 13oslo,47 Cal. App. 3d 495.) (e) The EIR process will enable the public to determine the environmental and economic values of their elected and appointed officials thus allowing for appropriate action come election day should a majority of the voters disagree.(People v.County of Kern,39 Cal.App.34 830.) (f) CEQA was intended to be interpreted in such manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language. (Friends of Mammoth v. Hoard of Supervisors,6 Cal.34 247.) (g) The purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind.(13ozung v.LAFCO(1975)13 Cal.3d 263) (h) The County Community Development Department or other County department must consider the whole of an action, not simply its constituent parts, when determining whether it will have a significant environmental effect.(Citizens Assoc.For 5enelble Development of Bishop Area v.County of Inyo(1985)172 Cal.App.3d 151) (I) CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. A court does not pace upon the correctness of an EIR's environmental conclusions, but only determines if the EIR i5 sufficient as an informational document. (Kings County Farm Bureau v.City of Hanford(1990)221 Cal.App.3d 692) 0) CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social, economic, or recreational development or advancement. (Laurel Heights Improvement Assoc. v. Regents of U.C. (1993) 6 Cal.4th 1112 and Citizens of Goleta Valley v. Board of Supervisors(1990)52 Cal.36:1 553) 16004. Time of Preparation (a) Before granting any approval of a project subject to CEQA,the County Decision-Making Body(including Zoning Administrator,County and Area Planning Commissions,and/or Board of Supervisors) shall consider a final EIR or Negative Declaration or another document authorized by these Guidelines to be used in the place of an EIK or Negative Declaration.(see:The definition of"approval"in Section 15352.) (b) Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs and negative declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment. (1) With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization,design,and planning.CEQA compliance should be,completed prior to acquisition of a site for a public project. (2) To implement the above principies,the County shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures,before completion of CEQA compliance,For example,the County shall not: 5 all .14 ..r (A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the County has made any final purchase of the site for these facilities, except that the County may designate a preferred site for CEQA review and may enter Into land acquisition agreements when the County has conditioned the agency's future use of the site on CEQA compliance. (5) Otherwise take any action which gives Impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be, part of CEQA review of that public project. (3) With private projects, the County shall encourage the project proponent to incorporate environmental considerations into project conceptualization,design,and planning at the earliest feasible time. (c) The environmental document preparation and review should be coordinated in a timely fashion with the existing planning, review,and project approval processes being used by each County department. These procedures,to the maximum extent feasible, are to run concurrently, not consecutively. When the lead agency is a state agency,the environmental document shall be included as part of the regular project report if such a report is used in its existing review and budgetary process. 15005. Terminology The following words are used to indicate whether a particular subject in the Guidelines is mandatary, advisory, or permissive- (in) ermissive-(a) "Must"or"shall"identifies a mandatory element which all public agencies are required to follow. (b) "should"identifies guidance provided by the Secretary for Resources based on policy considerations contained in CEQA, in the legislative history of the statute, or in federal court decisions which California courts can be expected to follow. Public agencies are advised to follow thio guidance in the absence of compelling, countervailing considerations. (c) "May"'identifies a permissive element which is left fully to the discretion of the public agenoles involved. 15006. Ked ucing Defy and Paperwork Public agencies should reduce delay and paperwork by. (a) Integrating the CEQA process into early planning.(15004(c)) (b) Ensuring the swift and fair resolution of Lead Agency disputes.(15053) (c) Identifying projects which fit within categorical exemptions and are therefore exempt from CEQA processing. (15300.4) (d) Using Initial 5tudies to identify significant environmental issues and to narrow the scope of Elias. (15063) (e) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment.(15070) 6 (f) Using a prevlously prepared EIR when it adequately addresses the proposed project.(15153) (g) Consulting with state and local Responsible Agencies before and during preparation of an Environmental Impact Report so that the document will meet the needs of all the agencies which will use it.(15083) (h) Urging applicants, either before or after the filing of an application, to revise projects to eliminate possible significant effects on the environment,thereby enabling the project to qualify for a Negative Declaration rather than an Environmental Impact Report.(15063(c)(2)) (I) Integrating CEQA requirements with other environmental review and consulting requirements. (Public Resources Code Section 21080.5) (J) Eliminating duplication with federal procedures by providing for joint preparation of environmental documents with federal agencies and by adopting completed federal NEPA documents.(15227) (k) Emphasizing consultation before an Environmental Impact Report is prepared, rather than submitting adversary comments on a completed document. (15082(b)) (1) Combining environmental documents with other documents such as general plans.(15166) (m) Eliminating repetitive discussions of the same issues by using Environmental Impact Reports on programs, policies,or plans and tiering from reports of broad scope to those of narrower scope.(15152) (n) Reducing the length of Environmental Impact Reports by means such as setting appropriate page limits. (15141) (o) Preparing analytic rather than encyclopedic Environmental Impact Reports.(15142) (p) Mentioning only briefly issues other than significant ones in EIRs, (15143) (q) Writing Environmental Impact Reports in plain language.(15140) (r) Following a clear format for Environmental Impact Reports.(15120) (s) Emphasizing the portions of the Environmental Impact Report that are useful to decision-makers and the public and reducing emphasis on background material.(15143) (t) Using incorporation by reference.(15150) (u) Making comments on Environmental Impact Reports aS Specific aS possible.(15204) 15007. Amendments (a) These Guidelines will be amended from time to time to match new developments relating to CEQA. (b) Amendments to the Guidelines apply prospectively only.New requirements in amendments will apply to steps in the CEQA process not yet undertaken by the date when agencies must comply with the amendments. 7 (c) If a document meets the content requirements In effect when the document is sent out for public review,the document shall not need to be revised to conform to any new content requirements In Guideline amendments taking effect before the document is finally approved. (d) Public agencies shall comply with new requirements In amendments to the Guidelines beginning with the earlier of the following two dates: (1) The.effective date of the agency's procedures amended to conform to the new Guideline amendments;or (2) The 120th day after the effective date of the Guideline amendments. (e) Public agencies may Implement any permissive or advisory elements of the Guidelines beginning with the effective date of the Guideline amendments. 8 fit .✓E }article 2. General I'eoponoibilitieo 15020. General The County of Contra Costa Is responsible for complying with CEQA and these Guidelines. An agency must meet its own responsibilities under CEQA and shall not rely on comments from other public agencies or private citizens as a substitute for work CEQA requires the County to accomplish.For example,a County is responsible for the adequacy of its environmental documents. The County shall not knowingly release a deficient document hoping that public comments will correct defects in the document. 15021. Duty to Minimize Environmental Damage and Balance Competing Public Objectives (a) CEQA establishes a duty for public agencies to avoid or minimize environmental damage where feasible. (1) in regulating public or private activities, agencies are required to give, major consideration to preventing environmental damage. (2) A public agency should not approve a project as proposed if there are feasible alternatives or mitigation measures available that would substantially lessen any significant effects that the project would have on the environment. (b) In deciding whether changes in a project are feasible,an agency may consider specific economic, environmental, legal,social,and technological factors. (c) The duty to prevent or minimize environmental damage is implemented through the findings required by Section 15091. (d) CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives,including economic,environmental,and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. An agency shall prepare a statement of overriding considerations as described in Section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to approve a project that will cause one or more significant effects on the.environment. 15022. Public Agency Implementing Proced ure5 (a) Each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and these Guidelines for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents.The implementing procedures should contain at least provisions for. (1) Identifying the activities that are exempt from CEQA.There procedures should contain: 9 (A) Provisions for evaluating a proposed activity to determine If there is no possibility that the activity may have a significant effect on the environment. (B) A list of projects or permits over which the public agency has only ministerial authority. (C) A list of specific activities which the public agency has found to be, within the categorical exemptions established by these Guidelines. (2) Conducting Initial 5tudies. (3) Preparing Negative declarations. (4) Preparing draft and final EIKo. (5) Consulting with and obtaining comments from other public agencics and members of the,public with regard to the environmental effects of projects. (6) Assuring adequate opportunity and time for public review and comment on the Draft EIK or Negative Declaration. (7) Evaluating and responding to comments received on environmental documents. (5) Assigning responsibility for determining the adequacy of an EIR or Negative Declaration. (9) Reviewing and considering environmental documents by the person or d ccielon-making body who will approve or disapprove a project. (10)Filing documents required or authorized by CEQA and thesc Guidclincs. (11) Providing adequate comments on environmental documents which arc submitted to the public agency for review. (12)Assigning responsibility for specific functions to particular units of the public agency. (13)Providing time periods for performing functions under CEQA. (b) Any district,including a school district,need not adopt objcctives, criteria,and procedures of its own if it uses the objcctivcs, criteria, and procedures of another public agcncy whose boundaries are coterminous with or entirely encompass the district. (c) Public agencics should revise their impicmenting procedures to conform to amcndments to these Guidclincs within 1207 days after the effective date of the amcndmcnts. During the period while the public agency is revising its procedures, the agency must conform to any statutory changes in the California Environmental Quality Act that have become effective regardicss of whether the public agency has reviecd its formally adopted procedures to conform to the statutory changes. (d) in adopting procedures to implement CEQA, a public agency may adopt the 5tatc CEQA Guidelines through incorporation by reference. The agency may then adopt only thosc specific procedurce or provisions dcscribed in subecction (a) which are neccssary to tailor the general provisions of the Guidelince to the specific to operations of the agency.A public agency may also choose to adopt a complete set of procedures Identifying in one document all the necessary requirements. 15023. Office of Manning and Research (OPK) (a) From time to time OPR shall review the State CEQA Guidelines and shall make recommendations for amendments to the Secretary for Resources. (b) OPR shall receive, and evaluate proposals for adoption, amendment, or repeal of categorical exemptions and shall make recommendations on the proposals to the Secretary for Resources. People. making suggestions concerning categorical exemptions shall submit their recommendations to OPR with supporting Information to show that the class of projects in the proposal either will or will not have a significant effect on the environment. (c) The State Clearinghouse in the Office of Planning and Research shall be responsible for distributing environmental documents to state agencies,departments,boards,and commissions for review and comment. (d) Upon request of a Lead Agency or a project applicant, OPR shall provide assistance in identifying the various responsible agencies and any federal agencies which have responsibility for carrying out or approving a proposed project. (e) OPR shall ensure that state Responsible Agencies provide the necessary information to Lead Agencies in response to Notices of Preparation within,at most,30 days after receiving a Notice of Preparation. (f) OPR shall resolve disputes as to which agency is the Lead Agency for a project. (g) OPR shall receive and file all notices of completion,determination,and exemption. 15025. Delegation of Responsibilities (a) The County Community Development Department is the County agency responsible for the administration of CEQA for the County and agencies administered by the County. As such,the Department is assigned certain duties,including but are,not limited to the following (1) Determining whether a project is exempt. (2) Conducting an Initial Study and deciding whether to prepare a draft EIR or Negative Declaration, (3) Preparing a Negative Declaration or EIR. (4) Determining that a Negative Declaration has been completed within a period of 105 days. (5) Preparing responses to comments on environmental documents. (6) Filing of notices. (b) The decision-making body of a public agency shall not delegate the following functions: 11 ,� .o t•1 n (1) Reviewing and considering a final EIR or approving a Negative Declaration prior to approving a protect. (2) The making of findings as required *Sections 15091 and 15093. (c) Where an advisory body such as a planning commission is required to make in recommendation on a project to the decision-making body,the advisory body shall also review and may consider the EIR or Negative Declaration In draft or final form 12 Article 3. Authority 15040. Authority Provided by CEQA (a) CEQA is intended to be,used in conjunction with discretionary powers granted to public agencies by other laws. (b) CEQA does not grant an agency new powers Independent of the powers granted to the agency by other laws. (c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the. powers of the agency. Prior to January 1,1953, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment.Effective January 1.1933,CEQA provides express authority to do so. (d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA,but the exercise must be within the scope of the power. (e) The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws. 15041. Authority to Mitigate Within the limitations described in Section 15040 (a) The County has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by case law (Nollan v. California Coastal Commission(1987)483 U.5.825,Dolan v.City of Tigard,(1994)512 U.5.374, Ehrlich v.City of Culver City,(1996)12 Cal.4th 854.). (b) When the County acts as a Keeponsibie Agency for a project,the agency shall have more limited authority than a Lead Agency. The County may require changes in a project to lessen or avoid only the effects,either direct or Indirect,of that part of the project which the agency will be called on to carry out or approve. (c) With respect to a project which includes housing development,a Lead or Keeponsible Agency shall not reduce the proposed number of housing units ae a mitigation measure or alternative to lessen a particular significant effect on the environment if that agency determines that there ie another feasible,specific mitigation measure or alternative that would provide a comparable lessening of the significant effect. 13 15042. Authority to Di9approve Projects The County may disapprove a project if necessary in order to avoid one or more significant effects on the environment that would occur If the project were approved as proposed. A Lead Agency has broader authority to disapprove a project than does a Responsible Agency. A Responsible Agency may refuse to approve a project In order to avoid direct or Indirect environmental effects of that part of the project which the Responsible Agency would be called on to carry out or approve. For example,an air duality management district acting as a Responsible Agency would not have authority to disapprove a project for water pollution effects that were unrelated to the air duality aspects of the project regulated by the district. 15043. Authority to Approve Projects Despite Significant Effccto The County may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that: (a) There Is no feasible way to lessen or avoid the significant effect(sce Section 15091);and (b) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project.(Sec. Section 15093.) 15044. Authority to Comment Any person or entity other than a Responsible Agency may submit comments to the County concerning any environmental effects of a project being considered by the County. 15045. Fees (a) For a project to be carried out by any person or entity other than the County, the County may charge and collect a reasonable fee from the person or entity proposing the project in order to recover the estimated costs incurred in preparing environmental documents and for procedures necessary to comply with CEQA on the project. Litigation expenses, costs and fees incurred in actions alleging noncompliance with CEQA are not recoverable under this section. (b) The County may charge and collect a reasonable fee from members of the public for a copy of an environmental document not to exceed the actual cost of reproducing a copy. 14 �a }article 4. Lead }agency 15050. Lead Agency Concept (a) Where a project Is to be carried out or approved by more than one public agency, one public agency shall be responsible for preparing an EIR or Negative Declaration for the project. This agency shall be called the Lead Agency. (b) Except as provided In subsection (c),the decision-making body of each Responsible Agency shall consider the Lead Agency's EIR or Negative Declaration prior to acting upon or approving the project. Each Responsible Agency shall certify that its decision-making body reviewed and considered the information contained in the EIR or Negative Declaration on the project. (c) The determination of the Lead Agency of whether to prepare an EIR or a Negative Declaration shall be final and conclusive for all persons,including Responsible Agencies,unless: (1) The decision is successfully challenged as provided in Section 21167 of the Public Resources Code, (2) Circumstances or conditions changed as provided in Section 15162, (3) A Responsible Agency becomes a Lead Agency under Section 15052. 15051. Criteria for identifying the Lead Agency Where two or more public agencies will be involved with a project,the determination of which agency will be the Lead Agency shall be governed by the following criteria: (a) If the project will be carried out by the County, it shall be the Lead Agency even if the project would be located within the jurisdiction of another public agency. (b) If the project is to be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. (1) The Lead Agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose such as an air pollution control district or a district which will provide a public service or public utility to the project. (2) Where a city prezones an area,the city will be the appropriate Lead Agency for any subsequent annexation of the area and should prepare the appropriate environmental document at the time of the prezoning.The Local Agency Formation Commission shall act as a Responsible Agency. (c) Where more than one public agency equally meet the criteria in subsection (b),the agency which will act first on the project in question shall be the Lead Agency. 15 F� i L:Mi (d) Where the provisions of subsections(a),(b),and (c) leave two or more public agencies with a substantial claim to be the Lead Agency, the public agencies may by agreement designate an agency as the Lead Agency. An agreement may also provide for cooperative efforts by two or more agencies by contract, ,joint exercise of powers,or similar devices. 15052. 5hift in Lead Agency Designation (a) Where the County is called on to grant an approval for a project subject to CEQA for which another public agency was the appropriate Lead Agency, the Responsible Agency shall assume the role of the Lead Agency when any of the following conditions occur: (1) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (2) The Lead Agency prepared environmental documents for the project,but the following conditions occur. (A) A subsequent EIR is required pursuant to Section 15162, (5) The Lead Agency has granted a final approval for the project,and (C) The statute of limitations for challenging the Lead Agency's action under CEQA has expired. (3) The Lead Agency prepared inadequate environmental documents without consulting with the Responsible Agency as required by Sections 15072 or 15052,and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (b) When the County assumes the duties of a Lead Agency under this section,the time limits applicable to a Lead Agency shall apply to the actions of the County assuming the Lead Agency duties. 15053. Designation of Lead Agency by Office of I'lanning and Research (a) If there is a dispute over which of several agencies should be the Lead Agency for a project, the disputing agencies should consult with each other in an effort to resolve the dispute prior to submitting it to OPR. If an agreement cannot be reached, any public agency, or the applicant if a private project is involved, may submit the dispute to OPR for resolution. (b) OPR shall designate a Lead Agency within 21 days after receiving a completed request to resolve a dispute. (c) Regulations adopted by OPR for resolving Lead Agency disputes may be found in Title 14, California Administrative Code,5ections 16000 et seq. (d) Designation of a Lead Agency by OPR shall be based on consideration of the criteria in 5ection 15052 as well as the capacity of the agency to adequately fulfill the requirements of CEQA. 16 6� Article Vii. Preliminary Review of Projecto and Conduct of Initial Study 15060. Preliminary Review (a) The County is allowed 30 days to review for completeness applications for permits or other entitlements for use. While conducting this review for completeness, the agency should be alert for environmental Issues that might require preparation of an EIR or that may require additional explanation by the applicant. Accepting an application as complete does not limit the authority of the County to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application. (b) Except as provided in Section 15111,the County shall begin the formal environmental evaluation of the project after accepting an application as complete and determining that the project is subject to CEQA. (c) Once an application is deemed complete, the County must first determine whether an activity is subject to CEQA before conducting an initial study.An activity is not subject to CEQA if: (1) The activity does not involve the exercise of discretionary powers by a public agency, (2) The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, or (3) The activity is not a project as defined in Section 15375. (d) If the County can determine that an EIR will be clearly required for a project,the agency may skip further initial review of the project and begin work directly on the EIR process described in Article S, commencing with Section 15060. In the absence of an initial study,the lead agency shall still focus the E1R on the significant effects of the project and indicate briefly its reasons for determining that other effects would not be significant or potentially significant. Authority. 6ectione 21063 and 21067, Public Resources Code, Reference: Sections 21060(b), 21060.2 and 21160, Public Resources Code. 15060.5. PreapplicatiOn COnoultati0n (a) For a potential project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies,the County shall, upon the request of a potential applicant and prior to the filing of a formal application, provide for consultation with the potential applicant to consider the range of actions, potential alternatives, mitigation measures,and any potential significant effects on the environment of the potential project. 17 r� (b) The County may include in the. consultation one or more responsible agencies, trustee agencies, and other public agencies who in the opinion of the County may have,an interest in the proposed project.The lead agency may consult the Office of Permit Assistance in the Trade. and Commerce Agency for help In Identlfying Interested agencies. 150051. review for Exemption (a) Once the. County has determined that an activity is a project subject to CEQA, the County shall determine whether the,project Is exempt from CEQA. (b) A project is exempt from CEQA if; (1) The project is exempt by statute(see,e.g.Article.18,commencing with Section 15260). (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300)and the application of that categorical exemption is not barred by one of the exceptions set forth In Section 15300.2. (3) The activity Is covered by the general rule that CEQA applies only to projects which have the.potential for causing a significant effect on the environment. Where it can be seen with certainty that there i5 no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (4) The,project will be rejected or disapproved by a public agency. (See Sectlon 1527O(b)). (c) Each public agency should include in its implementing procedures a listing of the projects often handled by the agency that the agency has determined to be exempt.This listing should be.used in preliminary review. (d) After determining that a project is exempt, the County Community Development Department may prepare a Notice. of Exemption as provided in Section 15062. Although the notice may be kept with the project application at this time, the. notice shall not be.filed with OPK or the county clerk until the project has been approved. 150652. Notice of Exemption (a) When the County Community Development Department decides that a project is exempt from CEQA and the public agency approves or determines to carry out the project,the.agency may file a Notice of Exemption. The. notice shall be filed,if at all,after approval of the project.Such a notice shall include: (1) A brief description of the project, (2) A finding that the project is exempt from CEQA, including a citation to the State Guidelines section or statute under which it is found to be exempt,and (3) A brief statement of reaeons to Support the finding. (b) A Notice of Exemption may be. filled out and may accompany the project application through the. approval process.The notice shall not be filed with the county clerk or the Oi'P until the project haS been approved. 18 (c) When the. County Community Development Department approves an applicant's project, either the agency or the applicant may file a notice of exemption. (1) When a state agency files this notice,the notice of exemption is filed with OPR. A form for this notice is provided In Appendix E.A list of all such notices shall be,posted on a weekly basis at the Office of Planning and research, 1400 Tenth Street, 5acramento, California. The list shall remain posted for at least 30 days. (2) When the County Community Development Department files this notice, the notice of exemption Is filed with the County Clerk. Copies of all such notices shall be,available for public inspection and such notices shall be posted within 24 hours of receipt In the office of the county clerk. Each notice shall remain posted for a period of 30 days.Thereafter,the clerk shall return the notice to the local agency with a notation of the period It was posted.The local agency shall retain the notice for not less than 9 months. (3) When an applicant files this notice,special rules apply. (d) The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed,a 180 day statute of limitations will apply. 15063. Initial Study (a) Following preliminary review, the Lead Agency shall conduct an Initial Study to determine if the project may have a significant effect on the environment. If the Lead Agency can determine that an EIR will clearly be required for the project,an Initial Study is not required but may still be desirable. (1) All phases of project planning, implementation, and operation must be considered in the Initial Study of the project. (2) To meet the requirements of this section, the lead agency may use an environmental assessment or a similar analysis prepared pursuant to the National Environmental Policy Act. (3) An initial study may rely upon expert opinion supported by facts, technical studies or other substantial evidence to document its findings. However,an initial study is neither intended nor required to include the level of detail included in an EIR. (b) Results. (1) If the agency determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial,the Lead Agency shall do one of the following: (A) Prepare an EIR,or (13) Use a previously prepared EIR which the Lead Agency determines would adequately analyze the project at hand,or (C) Determine, pursuant to a program EIR, tiering, or another appropriate process, which of a project's effects were adequately examined by an earlier EIR or negative declaration. Another appropriate 19 w.' -V7 process may Include, for example, a master EIR, a master environmental assessment, approval of housing and neighborhood commercial facilities In urban areas as described in section 15181,approval of residential projects pursuant to a specific plans described in section 15162,approval of residential projects consistent with a community plan,general plan or zoning as described in section 15183.or an environmental document prepared under a State certified regulatory program. The lead agency shall then ascertain which effects,if any,should be analyzed in a later EIR or negative declaration. (2) The Lead Agency shall prepare a Negative Declaration If there is no substantial evidence that the project or any of Its aspects may cause,a significant effect on the environment. (c) Purposes.The purposes of an Initial Study are to: (1) Provide the Lead Agency with Information to use as the basis for deciding whether to prepare an EIR or a Negative Declaration. (2) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared,thereby enabling the project to qualify for a Negative Declaration. (3) Assist in the preparation of an EIR,if one is required,by. (A) Focusing the EIR on the effects determined to be significant, (B) Identifying the effects determined not to be significant, (C) Explaining the reasons for determining that potentially significant effects would not be significant, and (D) identifying whether a program EIR,tiering, or another appropriate process can be, used for analysis of the project's environmental effects. (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (6) Eliminate unnecessary EIRs; (7) Determine whether a previously prepared EIR could be used with the project. (d) Contents.An Initial Study shall contain in brief form: (1) A description of the project including the location of the project, (2) An identification of the environmental setting; (3) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is come evidence to support the entries. The brief explanation may be either through a narrative or a reference to another Information source such as an attached map, photographs, or an earlier EIR or negative declaration. A reference to another document should include, where appropriate, a citation to the page or pages where the information is found. 20 X4 7 45(4) A discussion of the ways to mitigate the significant effects identified,if any, (5) An examination of whether the project would be coneletent with existing zoning, plane,and other applicable land use controls, (6) The name of the person or persons who prepared or participated in the Initial Study. (e) Submission of Data. If the project Is to be carried out by a private person or private organization, the Lead Agency may require such person or organization to submit data and information which will enable the Lead Agency to prepare the Initial Study. Any person may submit any information In any form to assist a Lead Agency In preparing an Initial Study. (f) Format. Sample forms for an applicant's project description and a review form for use by the lead agency are contained in Appendices G and H. When used together,these forms would meet the requirements for an initial study, provided that the entries on the checklist are briefly explained pursuant to subsection (d)(S). These forms are only suggested, and public agencies are free to devise their own format for an initial study. A previously prepared EIR may also be used as the initial study for a later project. (g} Consultation.As soon as a Lead Agency has determined that an Initial Study will be required for the project, the Lead Agency shall consult informally with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration should be prepared. During or immediately after preparation of an Initial Study for a private project, the Lead Agency may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study, 15064. Determining the Significance of the Environmental Effects Caused by a Project (a) Determining whether a project may have a significant effect plays a critical role in the CEQA process. (1) If there is substantial evidence,in light of the whole record before a lead agency,that a project may have a significant effect on the environment,the agency shall prepare a draft EIR. (2) When a final EIR identifies one or more significant effects, the County acting as Lead Agency and each Responsible Agency shall make a finding under Section 15091 for each significant effect and may need to make a statement of overriding considerations under Section 15095 for the project. (b) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting. For example,an activity which may not be significant in an urban area may be significant In a rural area. (c) In determining whether an effect will be adverse or beneficial,the Lead Agency shall consider the views held by members of the public in all areas affected ae expressed in the whole record before the lead agency. Defore requiring the preparation of an EIR,the Lead Agency must still determine whether environmental change itself might be substantial. 21 l� (d) In evaluating the significance of the environmental effect of in project, the Lead Agency shall consider direct physical changes in the environment which may be caused by the project and reasonably foreseeable Indirect physical changes in the environment which may be caused by the project. (1) A direct physical change in the environment is a physical change in the environment which is caused by and Immediately related to the project. Examples of direct physical changes in the environment are the dust, noise, and traffic of heavy equipment that would result from construction of a sewage treatment plant and possible odors from operation of the plant. (2) An Indirect physical change In the environment is a physical change In the environment which is not Immediately related to the project,but which is caused Indirectly by the project. If a direct physical change In the environment in turn causes another change in the environment,then the other change Is an Indirect physical change in the environment. For example, the construction of a new sewage treatment plant may facilitate population growth in the service area due to the increase in sewage treatment capacity and may lead to an Increase In air pollution. (3) An Indirect physical change Is to be considered only if that change is a reasonably foreseeable impact which may be caused by the project. A change which is speculative or unlikely to occur is not reasonably foreseeable. (e) Economic and social changes resulting from a project shall not be treated as significant effects on the environment. Economic or social changes may be used, however, to determine that a physical change shall be regarded as a significant effect on the environment. Where a physical change is caused by economic or social effects of a project,the physical change may be. regarded as a significant effect in the same manner as any other physical change resulting from the project. Alternatively, economic and social affects of a physical change may be used to determine that the physical change Is a significant effect on the environment. If the physical change causes adverse economic or social effects on people,those adverse effects may be used moa factor in determining whether the physical change is significant. For example, if a project would cause overcrowding of a public facility and the overcrowding causes an adverse effect on people, the overcrowding would be regarded as a significant effect. (f) The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency, (1) If the lead agency determines there is substantial evidence in the record that the project may have a slgnificant effect on the environment,the lead agency shall prepare an EIR(Friends of 0 Street v. City of Hayward (1980) 106 Cal.App.34 988). Said another way, if a lead agency is presented with a fair argument that a project may have a significant effect on the environment,the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect(No 011,Inc.v.City of Los Angeles(1974)13 Cal.3d 68). (2) if the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environment but the lead agency determines that revisions in the project pians or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and there Is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment then a mitigated negative declaration shall be prepared. (3) if the lead agency determines there is no substantial evidence that the project may have a significant effect on the environment,the lead agency Shall prepare a negative declaration (Friends of 0 Street v. City of Hayward(1980)106 Cal.App.3d 988). 22 'Y f 30 (4) The existence of public controversy over the environmental effects of a project will not require preparation of an EIR if there is no substantial evidence before the agency that the project may have a significant effect on the environment. (5) Argument, speculation, unsubstantiated opinion or narrative, or evidence that Is clearly Inaccurate or erroneous,or evidence that Is not credible,shall not constitute substantial evidence.Substantial evidence shall Include facts,reasonable assumptions predicated upon facts,and expert opinion support by facts. (6) Evidence of economic and social impacts that do not contribute to or are not caused by physical changes In the environment is not substantial evidence that the project may have a significant effect on the environment. (7) The provisions of sections 15162,15163,and 15164 apply when the project being analyzed is a change to,or further approval for,a project for which an EIR or negative declaration was previously certified or adopted (e.g.a tentative subdivision, conditional use permit). Under case law,the fair argument standard does not apply to determinations of significance pursuant to sections 15162,15163,and 15164. (g) After application of the principles set forth above in Section 15064(g), and in marginal cases where, it is not clear whether there Is substantial evidence that a project may have a significant effect on the environment, the lead agency shall be guided by the following principle: If there Is disagreement among expert opinion supported by facts over the significance of an effect on the environment, the Lead Agency shall treat the effect as significant and shall prepare EIR. (h) (1) (A) Except as otherwise required by Section 15065, a change in the environment is not a significant effect if the change complies with a standard that meets the definition in subsection (i) (3). (13) If there is a conflict between standards, the lead agency shall determine which standard is appropriate for purposes of this subsection based upon substantial evidence in light of the whole record. (C) Notwithstanding subsection (h)(1)(A), if the lead agency determines on the basis of substantial evidence in light of the whole record that a standard is inappropriate to determine the significance of an effect for a particular project, the lead agency shall determine whether the effect may be significant as otherwise required by this section,Section 15065,and the Guidelines. (2) In the absence of a standard that satisfies subsection (h)(1)(A),the lead agency shall determine whether the effect may be,significant as otherwise required by this section,Section 15065,and the Guidelines. (3) For the purposes of this subsection a "standard" means a standard of general application that is all of the following: (A) a quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation,order,or other standard of general application; (13) adopted for the purpose of environmental protection; (C) adopted by a public agency through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency; 23 (0) one that governs the same environmental effect which the change in the environment Is Impacting; and, (E) one that governs within the jurisdiction where the project is located. (4) This definition Includes thresholds of significance adopted by lead agencies which meet the requirements of this subsection. (1) (1) When assessing whether a cumulative effect requires an EIR,the lead agency shall conelder whether the cumulative impact is significant and whether the effects of the project are cumulatively considerable. An EIR must be, prepared if the cumulative Impact may be significant and the project's incremental effect, though individually limited, Is cumulatively considerable. "Cumulatively considerable' means that the Incremental effects of an Individual project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future projects."Probable future projects"are defined In Section 15130. (2) A lead agency may determine in an initial study that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant. When a project might contribute to a significant cumulative impact, but the contribution will be rendered less than cumulatively considerable through mitigation measures set forth in a mitigated negative declaration, the initial study shall briefly indicate and explain how the contribution has been rendered less than cumulatively considerable. (3) A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively coneiderabie if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located.Ouch plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret,or make speck the law enforced or administered by the public agency. (4) A lead agency may determine that the incremental impacts of a project are not cumulatively considerable when they are so small that they make only a de mininrnis contribution to a significant cumulative impact caused by other projects that would exist in the absence of the proposed project. Such da minimus incremental Impacts, by themselves, do not trigger the obligation to prepare an EIR. A de minimus contribution means that the environmental conditions would essentially be the same whether or not the proposed project is implemented. (5) The mere existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable. 151764.5. determining the 5ignific,ance of Impacto to Archeological and Historical Resources (a) For purposes of this section,the term "historical resources"shall include the following: (1) A resource listed in,or determined to be,eligible by the State Historical Resources Commission,for listing in the California Register of Historical Resources(Pub. Ree. Code 555024.1,Title 14 CCR, Section 4850 et seq.). 24 (2) A resource included in a local register of historical resources,as defined in section 5O2O.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(0) of the Public Resources Code, shall be presumed to be, historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence.demonstrates that it is not historically or culturally significant, (3) Any object, building, structure.site,area, place, record,or manuscript which a lead agency determines to be. historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational,social,political,military, or cultural annals of California may be considered to be an historical resource, provided the lead agency's determination is supported by substantial evidence in light of the whole record.Generally,a resource shall be considered by the lead agency to be"historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code 555024.1,Title 14 CCR,Section 4852)Including the following: (A) Is associated with events that have, made a significant contribution to the broad patterns of California's history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual,or possesses high artistic values,or (D) Has yielded,or may be likely to yield,information important in prehistory or history. (4) The fact that a resource is not listed in,or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5O2O.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria In section 5024.1(0) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5O2O.10) or 5024.1. (b) A project with an effect that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. (1) Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource.would be materially Impaired. (2) The significance of an historical resource is materially impaired when a project: (A) Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Reeourcco;or (5) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of hlstorical resources pursuant to section 5O2O.1(k) of the Public Resources Code or its identification in an historical resources Survey meeting the requirements of section 5024.1(0) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or 25 (C) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify Its eligibility for inclusion In the California Reglster of Historical Resources as determined by a[cad agency for purposes of CSQA. (3) Generally,a project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restarting,and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings(1995),Weeks and Grimmer,shall be considered as mitigated to a level of less than a significant Impact on the historical resource. (4) A lead agency shall identify potentially feasible measures to mitigate significant adverse changes in the, significance of an historical resource.The lead agency shall ensure that any adopted measures to mitigate, or avold significant adverse changes are fully enforceable through permit conditions,agreements,or other measures. (5) When a project will affect state-owned historical resources,as described in Public Resources Code Section 5024, and the lead agency is a state agency, the lead agency shall consult with the State Historic Preservation Officer as provided in Public Resources Code Section 5024.5. Consultation should be, coordinated In a timely fashion with the preparation of environmental documents. (c) CSQA applies to effects on archaeological sites. (1) When a project will Impact an archaeological sitc,a lead agency shall first determine whether the site is an historical resource,as defined in subsection(a). (2) If a lead agency determines that the archaeological site is an historical resource, it shall refer to the provisions of Section 21084.1 of the Public Resources Code, and this section, Section 15126.4 of the Guidelines,and the limits contained in Section 21083.2 of the Public Resources Code do not apply. (3) If an archaeological site docs not meet the criteria defined in subsection (a), but does meet the definition of a unique archeological resource in Section 21083.2 of the Public Resources Code, the site shall be treated in accordance with the provisions of section 21083.2. The time and cost limitations described in Public Resources Code Section 21083.2 (c-f) do not apply to surveys and site evaluation activities Intended to determine whether the project location contains unique archaeological resources, (4) If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be consldered further in the CEQA proccss, (d) When an initial study identifies the existence of, or the probable likelihood, of Native American human remains within the project, a lead agency shall work with the appropriate native americans ae identified by the Native American Heritage Commission as provided in Public Resources Cade 555097.98. The applicant may develop an agreement for treating or dleposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission.Action implementing such an agreement is exempt from: (1) The general prohibition on disinterring,disturbing,or removing human remains from any location other than a dedicated cemetery(Health and Safety Cade Section 7050,5). 26 y+� (2) The requirements of CEQA and the Coastal Act. (e) In the event of the accidental discovery or recognition of any human remalns in any location other than a dedicated cemetery,the,following steps should be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overile adjacent human remains until• (A) The coroner of the county in which the remains are discovered must be. contacted to determine that no investigation of the cauee of death ie required,and (5) if the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commloolon shall Identify the person or persons it believes to be the most likely descended from the deceased native american. 3. The most likely descendent may make recommendations to the landowner or the person responsibie for the excavation work, for means of treating or disposing of, with appropriate dignity,the human remains and any associated grave goads as provided in Public 1Zescurceo Code Section 5097.98,or (2) Where the following conditions occur, the landowner or hlo authorized representative shall rebury the Native American human remalns and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (13) The descendant identified falls to make a recommendation;or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. (f) As part of the objectives, criteria,and procedures required by Section 21052 of the Public Keeources Code, a lead agency should make provisions for historical or unique archaeological resources accidentally discovered during construction. These provisions should include an immediate evaluation of the find by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available.Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. 15064.7. Thresholds of Significance. (a) Each public agency is encouraged to develop and publish thresholds of significance that the agency uses in the determination of the significance of environmental effects. A threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be Significant by the agency and compliance with which means the effect normally will be determined to be less than Significant. 27 (b) Thresholds of significance to be adopted for general use as part of the lead agency's environmental review process must be adopted by ordinance, resolution, rule, or regulation, and developed through a public review process and be supported by substantial evidence. 15065. Mandatory Firiding5 of 510riificance A lead agency shall find that a project may have a significant effect on the environment and thereby require an EIR to be,prepared for the project where any of the following conditions occur, (a) The project has the potential to substantially degrade the duality of the environment,substantlally reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of an endangered, rare or threatened species, or eliminate Important examples of the major periods of California history or prehistory. (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. (c) The project has goals possible environmental effects which are individually limited but cumulatively considerable. "Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects ae defined in Section 151307. (d) The environmental effects of a project will cause substantial adverse effects on human brings, either directly or indirectly. 28 Article 6. Negative Peclaration Proceoo 15070. Decision to Prepare a Negative or Mitigated Negative Declaration The County Community Development Department shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when: (a) The initial study shows that there is no substantia4,evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment,or (b) The initial study identifies potentially significant effects,but: (1) R.evisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur,and (2) There is no substantial evidence, in light of the whole record before the agency,that the.project as revised may have a significant effect on the environment. 15071. Contents A Negative Declaration circulated for public review shall include: (a) A brief description of the project,including a commonly used name for the project,if any, (b) The location of the project, preferably shown on a map,and the name of the project proponent, (c) A proposed finding that the project will not have a significant effect on the environment, (d) An attached copy of the initial Study documenting reasons to support the finding;and (e) Mitigation measures, If any,included in the project to avoid potentially significant effects. 15072. Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (a) The County Community Development Department shall provide a notice of intent to adopt a negative declaration or mitigated negative declaration to the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the negative declaration or mitigated negative declaration to allow the public and agencies the review period provided under Section 15105. 29 37 (b) The County Community Development Department shall mail a notice of intent to adopt a negative declaration or mitigated negative declaration to the last known name and address of all organizations and Individuals who have previously requested such notice in writing and shall also give notice of Intent to adopt a negative declaration or mitigated negative declaration by at least one of the following procedures to allow the public the review period provided under 5ectlon 15105: (1) Publication at least one time by the County in a newspaper of general circulation in the area affected by the proposed project. If more than one area Is affected,the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (2) Posting of notice by the County on and off site in the area where the project Is to be.located. (3) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll. (c) The alternatives for providing notice specified In subsection (b) shall not preclude a lead agency from providing additional notice by other means If the agency so desires, nor shall the requirements of this section preclude a lead agency from providing the public notice at the same time and in the same manner as public notice required by any other laws for the project. (d) The County Clerk shall post such notices in the office of the county clerk within 24 hours of receipt for a period of at least 20 days. (e) For a project of statewide, regional, or areawide significance,the County Community Development Department shall also provide notice to transportation planning agencies and public agencies which have transportation facilities within theirjurisdictione which could be affected by the project as specified in Section 21O92.4(a) of the Public Resources Code. "Transportation facilities" includes: major local arterials and public transit within five miles of the project site and freeways, highways and rail transit service within 10 miles of the project site. (f) A notice of intent to adopt a negative declaration or mitigated negative declaration shall specify the following: (1) A brief description of the proposed project and its location. (2) The starting and ending dates for the review period during which the lead agency will receive comments on the proposed negative declaration or mitigated negative declaration.This shall include starting and ending dates for the review period. If the review period has been is shortened pursuant to 5eotion 15105, the notice shall include a statement to that effect. (3) The date,time,and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project,when known to the lead agency at the time of notice. (4) The address or addresses where copies of the proposed negative declaration or mitigated negative declaration including the revisions developed under Section 15O7O(b) and all documents referenced in the proposed negative declaration or mitigated negative declaration are available for review. This location or locations shall be readily accessible to the public during the lead agency's normal working hours. (5) The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites, and the information in the Hazardous Waste and Substances 5tatement required under subsection(f) of that section. 30 (6) other information specifically required by statute or regulation for a particular project or type of project. 16075. Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration (a) The County Community Development Department shall provide a public review period pursuant to Section 15105 of not less than 20 days.When a proposed negative declaration or mitigated negative declaration and initial study are submitted to the State Clearinghouse for review by state agencies,the public review period shall not be less than 30 days,unless a shorter period is approved by the State Clearinghouse under Section 15105(4). (b) When a proposed negative declaration or mitigated negative declaration and initial study have been submitted to the State Clearinghouse for review by state agencles, the public review period shall be at least as long as the review period established by the State Clearinghouse. (c) A copy of the proposed negative declaration or mitigated negative declaration and the initial study shall be attached to the notice of intent to adopt the proposed declaration that is sent to every responsible agency and trustee agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. (d) Where one or more state agencies will be a responsible agency or a trustee agency or will exercise jurisdiction by law over natural resources affected by the project,or where the project is of statewide, regional,or areawide environmental significance,the lead agency shall send copies of the proposed negative declaration or mitigated negative declaration to the State Clearinghouse for distribution to state agencies. (e) The County Community Development Department shall notify in writing any public agency which comments on a proposed negative declaration or mitigated negative declaration of any public hearing to be held for the project for which the document was prepared. A notice provided to a public agency pursuant to Section 15072 satisfies this requirement. 13073.5. Recirculation of a Negative Declaration Prior to Adoption (a) The County Community Development Department is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to Section 15072, but prior to its adoption. Notice of recirculation shall comply with Sections 15072 and 15073. (b) A"oubstantial revision"of the negative declaration Shall mean: (1) A new, avoidable significant effect is identified and mitigation mcaoures or project revisions must be added in order to reduce the effect to insignificance,or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measurer,or revisions must be required. (c) Recirculation is not required under the following circumstances: (1) Mitigation measurer,are replaced with equal or more effective measures pursuant to Section 15074.1. 31 (2) New project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects. (3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA , which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (4) New Information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. (d) If during the negative declaration process there is substantial evidence in light of the whole record, before the lead agency that the project, as revised, may have a significant effect on the environment which cannot be mitigated or avoided,the lead agency shall prepare a draft EIR and certify a final EIR prior to approving the project. It shall circulate the draft EIR for consultation and review pursuant to Sections 15066 and 15087, and advise reviewers in writing that a proposed negative declaration had previously been circulated for the project. 15074. Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration (a) Any advisory body of a public agency making a recommendation to the decisionmaking body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation. (b) Prior to approving a project, the decisionmaking body shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The docisionmaking body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. (c) When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (d) When adopting a mitigated negative declaration,the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. (e) The County shall not adopt a negative declaration or mitigated negative declaration for a project within the boundaries of a comprehensive airport land use, plan or, if a comprehensive airport land use plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area. 32 az* 15074.1. 5ubstitution of Mitigation Meaeureo in a Proposed Mitigated Negative Declaration (a) As a result of the public review process for a proposed mitigated negative declaration. including any administrative decisions or public hearings conducted on the project prior to its approval,the lead agency may conclude that certain mitigation measures identified in the mitigated negative declaration are Infeasible or otherwise undesirable. Prior to approving the project,the County Community Development Department may, In accordance with this section,delete those mitigation measures and substitute for them other measures which the County Community Development Department determines are equivalent or more effective. (b) Prior to deieting and substituting for a mitigation measure,the County shall do both of the following. (1) Hold a public hearing on the matter.Where a public hearing is to be, held in order to consider the project, the public hearing required by this section may be combined with that hearing. Where no public hearing would otherwise be held to consider the project,then a public hearing shall be required before a mitigation measure may be deleted and a new measure adopted in its place. (2) Adopt a written finding that the new measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. (c) No recirculation of the proposed mitigated negative declaration pursuant to Section 15072 is required where the new mitigation measures are made conditions of, or are otherwise incorporated into, project approval in accordance with this section. (d) "Equivalent or more effective" means that the new measure will avoid or reduce the significant effect to at least the same degree as, or to a greater degree than, the original measure and will create no more adverse effect of its own than would have the original measure. 15075. Notice of Determination on a Project for which a Proposed Negative or Mitigated Negative Declaration has been Approved (a) After deciding to carry out or approve a project for which a negative declaration or mitigated negative declaration has been approved, the County Community Development Department shall file a notice of determination. For projects with phases, the lead agency shall file a notice of determination after deciding to carry out or approve each phase. (b) The notice of determination must include: (1) An identification of the project including its common name where possible,and its location. (2) A brief description of the project. (3) The date on which the agency approved the project. (4) The determination of the agency that the project will not have a significant effect on the environment. 33 zll�7 'f! (5) A statement that a negative declaration or a mitigated negative declaration has been prepared pursuant to the provisions of CEQA. (6) The address whera s copy of the negative declaration or mitigated negative declaration may be examined. (c) If the lead agency is a state agency,the lead agency shall file the notice of determination with OPK. (d) If the lead agency is a local agency,the local lead agency shall file the notice of determination with the county clerk of the county or counties in which the project will be,located within five working days after approval of the project by the lead agency. If the project requires a discretionary approval from any state agency, the local lead agency shall also file with OPK. (e) All notices filed pursuant to this section shall be available for public inspection and shall be posted by the county clerk within 24 hours of receipt. Each notice shall remain posted for a period of at least 30 days. Thereafter, the clerk shall return the notice to the local lead agency with a notation of the period it was posted. The local lead agency shall retain the notice for not less than 9 months. The filing of the notice of determination and the posting on a list of such notices starts a 30-day statute of limitations on court challenges to the approval under CEQA. (f) Public agencies are encouraged to make copies of all notices filed pursuant to thio section available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of these guidelines and the Public Rzeources Code. 34 Article 7. EIR PrOccoo 15080. General To the extent possible,the EIR process should be combined with the existing planning, review,and project approval process used by each public agency. 15081. Decision to prepare an EIC. The EIR process starts with the decision to prepare an EIR. This decision will be, made either during preliminary review under Section 15060 or at the conclusion of an Initial Study after applying the standards described in Section 15064. 15081.5 Elie Required by Statute (a) The County Community Development Department shall prepare or have prepared an Elft for the following types of projects.An initial study may be,prepared to help identify the significant effects of the project. (1) The burning of municipal wastes, hazardous wastes, or refuse-derived fuel, including but not limited to tires,if the project is either: (A) The construction of a new facility; or (B) The expansion of an existing facility that burns hazardous waste that would increase its permitted capacity by more than 10 percent. This does not apply to any project exclusively burning hazardous waste for which a determination to prepare a negative declaration, or mitigated negative declaration or environmental impact report was made prior to July 14, 1969. The amount of expansion of an existing facility is calculated pursuant to subdivision (b) of Section 21151.1 of the Public Resources Code. (C) Subsection(1) of this subdivision does not apply to: 1. Projects for which the State Energy Resources Conservation and Development Commission has assumed jurisdiction pursuant to Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code. 2. Any of the types of burn or thermal processing projects listed in subdivision (d) of Section 21151.1 of the Public Resources Code. (2) The initial issuance of a hazardous waste facilities permit to a land disposal facility, as defined in subdivision (d) of Section 25199.1 of the Health and Safety Code. Preparation of an EIR is not mandatory if the facility only manages hazardous waste which is identified or listed pursuant to Section 25140 or Section 25141 of the Health and Safety Code on or after January 1,1992; or only conducts activities which 35 are regulated pursuant to Chapter 6.5(commencing with Section 25100) of Division 20 of the Health and Safety Code on or after January 1, 1992. "Initial issuance" does not Include the issuance of a closure or postclosure permit pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (3) The initial issuance of a hazardous waste facility permit pursuant to Section 25200 of the Health and Safety Code to an off-site large treatment facility, as defined pursuant to subdivision (d) of Section 25205.1 of that code. Preparation of an EIR Is not mandatory If the facility only manages hazardous waste which is identified or listed pursuant to Section 25140 or Section 25141 of the Health and Safety Code on or after January 1.1992,or only conducts activities which are regulated pursuant to Chapter 6.6 (commencing with Section 25100) of Division 20 of the Health and Safety Code on or after January 1, 1992. "Initial Issuance" does not include the issuance of a closure or postcloeure permit pursuant to Chapter 6.5(commencing with Section 25100)of Division 20 of the Health and Safety Code. (4) Any open pit mining operation which is subject to the permit requirements of the Surface Mining and Reclamation Act(beginning at Section 2710 of the Public Resources Code ) and which utilizes a cyanide heap-leaching process for the purpose of extracting gold or other precious metals. (5) An initial base reuse plan as defined in Section 15229. (b) A lead agency shall prepare or have prepared an EIR for the selection of a California Community College, California State University, University of California, or California Maritime Academy campus location and approval of a long range development plan for that campus. (1) The EIR for a long range development plan for a campus shall include an analysis of, among other significant impacts,those environmental effects relating to changes in enrollment levels. (2) Subsequent projects within the campus may be addressed in environmental analyses tiered on the EIR prepared for the long range development plan. 15082. Determination of Scope of EIR (a) Notice of Preparation. Immediately after deciding that an Environmental Impact Report ie required for a project, the County shall send to each Responsible Agency a Notice of Preparation stating that an Environmental Impact Report will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project and to each Trustee Agency responsible for natural resources affected by the project. (1) The Notice of Preparation shall provide the Responsible Agencies with sufficient information describing the project and the potential environmental effects to enable the Responsible Agencies to make a meaningful response.At a minimum,the information shall include: (A) Description of the project, (13) Location of the project indicated either on an attached map (preferably a copy of a U.S.G.5. 15'or 7- 112' topographical map identified by quadrangle name, or by a street address in an urbanized area), and (C) Probable environmental affects of the project. 36 (2) A sample for a Notice of Preparation is shown in Appendix J. Public agencies are free to devise their own formats for this notice. A copy of the Initial Study may be sent with the notice to supply the necessary information. (3) To send copies of the Notice of Preparation, the Lead Agency shall use either certified mail or any other method of transmittal which provides it with a record that the notice was received. (4) The County Community Development Department may begin work on the draft EIR immediately without awaiting responses to the Notice of Preparation. The draft EIR in preparation may need to be revised or expanded to conform to responses to the Notice of Preparation.The County shall not circulate,a draft EIR for public review before the time period for responses to the Notice of Preparation has expired. (b) Response to Notice of Preparation.Within 30 days after receiving the Notice, of Preparation under subsection (a),each Responslble Agency shall provide the County with specific detail about the scope and content of the environmental Information related to the Responsible Agency's area of statutory responsibility which must be Included in the draft EIR. (1) The response ata minimum shall identify. (A) The significant environmental issues and reasonable alternatives and mitigation measures which the Responsible Agency will need to have explored in the draft EIR;and (B) Whether the agency will be a Responsible Agency or Trustee Agency for the project. (2) If a Responsible Agency fails by the end of the 30 day period to provide the Lead Agency with either a response to the notice or a well justified request for additional time,the Lead Agency may presume that the Reeponelble Agency has no response to make. (3) A generalized list of concerns not related to the specific project shall not meet the requirements of this section for a response. (c) Meetings. In order to expedite the consultation, the County, a Responsible Agency, a Trustee Agency, or a project applicant may request one or more meetings between representatives of the agencies involved to assist the County in determining the scope and content of the environmental information which the Responsible Agency may require. Such meetings shall be convened by the County as soon as possible, but no later than 30 days, after the meetings were requested. On request, the Office of Planning and Research will assist in convening meetings which involve state agencies. (d) State Clearinghouse.When one or more state agencies will be a Responsible Agency or a Trustee Agency, the County shall send a Notice of Preparation to each state Reeponeibie Agency and each Trustee Agency with a copy to the State Clearinghouse in the Office of Planning and Research. The State Clearinghouse will ensure that the state Responsible Agencies and trustees reply to the Lead Agency within the required time. (e) Identification Number. When the Notice of Preparation is submitted to the State Clearinghouse, the state identification number issued by the Clearinghouse Shall be the identification number for all subsequent environmental documents on the project. The identification number Should be referenced on all subsequent correspondence regarding the project,specifically on the title page of the draft and final EIR and on the Notice of Determination. 37 15083. Early Public Consultation Prior to completing the draft EIK the County Community Development Department may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that eariy consultation solves many potential problems that would arise in more serious forms later In the review process. This early consultation may be.called scoping. 5coping will be necessary when preparing an EIRJEI5 Jointly with a federal agency. (a) 5coping has been helpful to agencies in identifying the range of actions,alternatives,mitlgation measures,and significant effects to be analyzed In depth in an EIR and in eliminating from detailed study issues found not to be important. (b) 5coping has been found to be an effective way to bring together and resolve the concerns of affect-ad federal, state,and local agencies,the proponent of the action,and other Interested persons including those who might not be,in accord with the action on environmental grounds. (c) Where scoping is used,it should be,combined to the extent possible with consultation under 5ection 15052. 15083.5. City or County Conoultation with Water Agencies This guideline addresses consultation between a city or county and affected water agencies at the notice of preparation stage of environmental review. (a) This guideline shall apply only to projects which meet all of the following criteria: (1) The project consists of any of the following activities for which an application has been submitted to a city or county. (A) A residential development of more than 500 dwelling units. (13) A shopping center or business establishment that will employ more than 1,000 persons or have more than 500,000 square feet of floor space. (C) A commercial office building that will employ more than 1,000 persons or have more than 250,000 square feet of floor space. (D) A hotel,motel or both with more than 500 rooms. (E) An industrial, manufacturing, or processing plant, or industrial park intended to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. (F) Any mixed-use project that would demand an amount of water equal to, or greater than,the amount of water needed to serve a 500-dwelling unit project. (2) As part of approval of the project,any of the following are required: 38 (A) An amendment to,or revision of,the land use element of a general plan or a specific plan,which would result in a net increase In the stated population density or building intensity to provide for additional development. (5) The adoption of s specific plan,unless the city or county has previously complied with this section for the project. Notwithstanding the foregoing provisions of this subsection (a)(2), when a project is Identified In connection with the revision of any part of a general plan,that project is subject to the requirements of this section only if the project results in a net increase in the stated population density or building Intensity,and if the city or county has not previously complied with the requirements of this section for the project in question. (3) A city or county has determined that an environmental impact report is required in connection with the project. (b) For projects subject to this guideline,a city or county shall identify any water system that is, or may become, a public water system,as defined in Section 10912 of the Water Code,that may supply water for the project. When a city or county releases a notice of preparation for review, it shall send a copy of the notice to each public water system which serves or would serve the proposed project and request that the system both indicate whether the projected water demand associated with the proposed project was included in its last urban water management plan and assess whether its total projected water supplies available during normal, single-dry, and multiple-dry water years as included in the 20-year projection contained in its urban water management plan will meet the projected water demand associated with the proposed project, in addition to the system's existing and planned future uses. (c) The governing body of a public water system shall approve and submit its water supply assessment to the city or county not later than 30 days after the date on which the request and notice of preparation were received. If the public water system fails to submit its assessment within the allotted time, the lead agency may assume, unless there has been a request for a specific extension of time from the public water system, that the public water system has no information to submit. If a public water system concludes there would be Insufficient water to serve the proposed project, it shall provide the city or county with its pians for acquiring additional water supplies. (d) The lead agency shall Include within the EiR the public water system's assessment and any other information provided by the water agency, up to a maximum of ten typewritten pages. The assessment and information may only exceed that length with the approval of the lead agency. The lead agency may independently evaluate the water system's information and shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the proposed project, in addition to existing and planned future uses. If the lead agency determines that water supplies will not be sufficient, the lead agency must include that determination in its findings for the project pursuant to Sections 16091 and 15093. (e) For purposes of this section,"public water system" means a system as defined in Section 10912 of the Water Code with 3,000 or more service connections. (f) This section does not apply to the County of San Diego and the cities in the county as provided in Section 10915 of the Water Code. 39 Y 71. 15084. Preparing the Draft EIR (a) The draft EIR shall be prepared directly by or under contract to the County Community Development Department.The required contents of a draft EIR are discussed in Article 9 beginning with Section 15120. (b) The County Community Development Department may require the, project applicant to supply data and Information both to determine whether the project may have a significant effect on the environment and to assist the, Lead Agency In preparing the draft EIR.The requested information should include an identification of other public agencies which will have jurisdiction by law over the project. (c) Any person, including the applicant,may submit Information or comments to the Lead Agency to assist In the preparation of the draft EIR.The submittal may be presented in any format, including the form of a draft EIR. The Lead Agency must consider all information and comments received. The information or comments may be included In the draft EIR In whole or in part. (d) The County Community Development Department may choose one of the following arrangements or a combination of them for preparing a draft EIR. (1) Preparing the draft EIR directly with its own staff. (2) Contracting with another entity,public or private,to prepare the draft EIR. (3) Executing a third party contract or Memorandum of Understanding with the applicant to govern the preparation of a draft EIR by an independent contractor. (4) Using a previously prepared EIR. (5) Before using a draft prepared by another person, the County Community Development Department shall subject the draft to the agency's own review and analysis.The draft EIR which is sent out for public review must reflect the independent judgment of the County. The County io responsible for the adequacy and objectivity of the draft EIR. 15085. Notice of Completion (a) As soon as the draft EIR is completed,a notice of completion must be filed with OPR in a printed hard copy or In electronic form on a diekette or by electronic mail transmission. (b) The Notice of Completion shall include: (1) A brief description of the project, (2) The proposed location of the project, (3) An address where copies of the draft EIR are available,and (4) The period during which comments will be received on the draft EIR. (c) A form for the Notice of Completion io included in the appendices. 40 .rv.. (d) 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. (e) Public agencies are encouraged to make copies of notices of completion filed pursuant to this section available in electronic format on the Internet, 1508 . Conoultation Concerning Draft Elft (a) The County shall consult with and request comments on the draft EIR from: (1) Responsible Agencies, (2) Trustee agencies with resources affected by the project,and (3) Any other state,federal, and local agencies which have jurisdiction by law with respect to the project or which exercise authority over resources which may be affected by the project:, including water agencies consulted pursuant to section 15083.5. (4) Any city or county which borders on a city or county within which the project is located. (5) For a project of statewide, regional, or areawide significance, the transportation planning agencies and public agencies which have transportation facilities within theirjurledictions which could be affected by the project."Transportation facilities" includes: major local arterials and public transit within five miles of the project site,and freeways,highways and rail transit service within 10 miles of the project site. (6) For a state lead agency, the Department of Fish and Game as to the impact of the project on the continued existence of any endangered or threatened species pursuant to Article 4 (commencing with 5ection 2090) of Chapter 1.5 of Division 3 of the Fish and Game Code. (7) For a state lead agency when the EIR is being prepared for a highway or freeway project, the State Air Resources Board as to the air pollution impact of the potential vehicular use of the highway or freeway and if a non-attainment area,the local air quality management district for a determination of conformity with the air quality management plan. (8) For a subdivision project located within one mile of a facility of the 5tate Water Resources Development System,the.California Department of Water Resources. (b) The lead agency may consult directly with: (1) Any person who has special expertise with respect to any environmental impact involved, (2) Any member of the public who has filed a written request for notice with the lead agency or the clerk of the governing body. (3) Any person identified by the applicant whom the applicant believes will be concerned with the environmental effects of the project. (c) A responsible agency or other public agency shall only make substantive comments regarding those activities involved in the project that are within an area of expertise of the agency or which are required to be carried out or approved by the responsible agency.Those comments shall be supported by specific documentation. 41 (d) Prior to the close of the public review period,a responsible agency or trustee agency which has Identified what that agency considers to be significant environmental effects shall advise the lead agency of those effects.As to those effects relevant to its decision, if any, on the project,the responsible or trustee agency shall either submit to the lead agency complete and detailed performance objectives for mitigation measures addressing those effects or refer the lead agency to appropriate, readily available guidelines or reference documents concerning mitlgation measures. If the responsible or trustee agency is not aware of mitigation measures that address Identified effects,the responsible or trustee agency shall so state. 15067. Public review of Draft EIR (a) The County Community Development Department shall provide public notice of the availability of a draft EIR at the same time It sends a notice of completion to OPR. This notice shall be given as provided under Section 15105.Notice shall be mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing,and shall also be given by at least one of the following procedures: (1) Publication at least one, time by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be. published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (2) Posting of notice by the public agency on and off the site in the area where the project is to be located. (3) [direct mailing to the owners and occupants of property contiguous to the parcel or parcels on which the project is located. Owners of such property shall be identified as shown on the latest equalized assessment roll. (b) The alternatives for providing notice specified in subsection (a) shall not preclude the County from providing 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 by this section at the same time and in the same manner as public notice otherwise required by law for the project. (c) The notice shall disclose the following. (1) A brief description of the proposed project and its location. (2) The starting and ending dates for the review period during which the lead agency will receive comments. If the review period is shortened,the notice shall disclose that fact. (3) The date,time,and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project when known to the lead agency at the time of notice. (4) A list of the significant environmental effects anticipated as a result of the project, to the extent which such effects are known to the lead agency at the time of the notice. (5) The address where copies of the EIR and all documents referenced in the EIR will be available for public review.This location shall be readily accessible to the public during the lead agency's normal working hours. (6) The presence of the elte on any of the lists of Sites enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as 42 hazardous waste property, hazardous waste disposal sites and others, and the information In the Hazardous Waste and Substances Statement required under subsection(f) of that 5ection. (d) The notice required under this section shall be posted in the office of the County Clerk for a period of at least 30 days.The county clerk shall post such notices within 24 hours of receipt. (e) In order to provide sufficient time for public review, the, review period for a draft EIR shall be, as provided In 5ection 15105.The review period shall be combined with the consultation required under Section 15056.When a draft EIR has been submitted to the State Clearinghouse,the public review period shall be at least as long as the review period established by the Clearinghouse. (f) Public agencies shall use the State Clearinghouse to distribute draft EIRs to state agencies for review and should use areawide clearinghouses to distribute the documents to regional and local agencies. (g) To make copies of EIRs available to the public, Lead Agencies should furnish copies of draft EIRs to public library systems serving the area involved.Copice should also be available in offices of the Lead Agency. (h) Public agencies 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 consulted with regard to a particular project. (i) Public hearings may be, conducted on the environmental documents, either in separate proceedings or in conjunction with other proceedings of the public agency. Public hearings are encouraged, but not required as an element of the CEQA process 15088. Evaluation of and Reoponoe to Comments (a) The County Community Development Department shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The County shall respond to comments received during the noticed comment period and any extensions and may respond to late comments. (b) The written response shall describe the dieposltion of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the County'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. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual Information will not suffice. (c) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR.Where the response to comments makes important changes in the information contained in the text of the draft EIR,the County should either: (1) Revise the text in the body of the EIR,or (2) Include marginal notes showing that the information ie revised in the response to comments. 43 15088.5. Recirculation of an EIR Prior to Certification (a) The County Community Development Department is required to recirculate an EIR when significant new Information Is added to the EIR after public notice Is given of the availability of the draft EIR for public review under Section 15087 but before certification. As used in this section, the term "information" can include changes In the project or environmental setting as well as additional data or other Information. New information added to an EIR Is not"significant"unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "significant new information" requiring recirculation include, for example,a disclosure showing that! (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial Increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of Insignificance. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project's proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (Mountain Lion Coalition v. Sigh and Game Com. (1989) 214 Cal.App.3d 1043) (b) Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. (c) If the revision is limited to a few chapters or portions of the EIR, the lead agency need only recirculate the chapters or portions that have been modified. (d) Recirculation of an EIR requires notice pursuant to section 15087, and consultation pursuant to section 15086. (e) A decision not to recirculate an EIR must be,supported by substantial evidence in the administrative record. (f) The County shall evaluate and respond to comments as provided in Section 15088. Recirculating an EIR can result In the lead agency receiving more than one set of comments from reviewers. Following arc two ways in which the lead agency may identify the set of comments to which it will respond. This dual approach avoids confusion over whether the County must respond to comments which are duplicates or which are no longer pertinent due to revisions to the EIR. In no case shall the lead agency fail to respond to pertinent comments on significant environmental issues. (1) When the EIR is substantially revised and the entire EIR is recirculated, the County may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. The County shall advise reviewers, either within the text of the revised EIR or by an attachment to the revised EIR, that although part of the administrative record, the previous comments do not require a written response in the final EIR, and that new comments must be submitted for the revised EIR. The County need only respond to those comments submitted in response to the recirculated 44 revised EIR.The County shall send directly to every agency,person,or organization that commented on the prior draft EIR a notice of the recirculation specifying that new comments must be submitted. (2) When the EIR is revised only in part and the County is recirculating only the revised chapters or portions of the EIR,the,County may request that reviewers limit their comments to the revised chapters or portions. The County need only respond to (1) comments received during the initial circulation period that relate to chapters or portions of the,document that were not revised and recirculated,and (11) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated.The County's rer[ucet that reviewers limit the scope of their comments shall be Included either within the text of the revised EIR or by an attachment to the revised EIR. (g) When recirculating a revised EIR, either in whole or in part, the County'shall, in the revised EIR or by an attachment to the revised EIR,summarize the revisions made to the previously circulated draft EIR, 15089. !'reparation of Final EIR (a) The, County Community development Department shall prepare a final EPR before approving the project. The contents of a final EIR are specified in Section 15132 of these,Guidelines. (b) The County may provide an opportunity for review of the final EIR by the public or by commenting agencies before approving the project.The review of a final EIR should focus on the responses to comments on the draft EIR. 15090. Certification of the Final EIR (a) Prior to approving a project the County Community Development Department shall certify that. (1) The final EIR has been completed in compliance with CEQA, (2) The final EIR was presented to the decision-making body of the lead agency,and that the,decision-making body reviewed and considered the information contained in the final EIR prior to approving the project,and (3) The final EIR reflects the lead agency's independentjudgment and analysis. (b) When an EIR is certified by a non-elected decision-making body within a local lead agency, that certification may be appealed to the local lead agency's elected decision-making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city's planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals. 15091. Findings (a) The County shall not approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the County makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 45 (1) Changes or alterations have been required in,or Incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the final ECR. (2) Ouch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Ouch changes have been adopted by such other agency or can and should be.adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project 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 County has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subsection (a)(1),the County shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions,agreements,or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Oection 15093 does not substitute for the findings required by this section. 15092. Approval (a) After considering the final EIR and in conjunction with making findings under Oection 15091, the County Community Development Department may decide whether or how to approve.or carry out the project. (b) The County shall not decide to approve or carry out a project for which an EIR was prepared unless either. (1) The project as approved will not have a significant effect on the environment,or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Oection 15091,and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. (c) With respect to a project which includes housing development, the County shall not reduce the proposed number of housing units as a mitigation measure if it determines that there io another feasible specific mitigation measure available that will provide a comparable level of mitigation. 46 15093. 5tatement of Overriding Conoiderationo (a) CEQA requires the declolon-making agency to balance, as applicable,the economic, legal, social,technological, or other benefits of a proposed project against Its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of in proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered"acceptable," (b) When the County approves a project which will result in the occurrence of significant effects which are Identified In the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record.The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If the County makes a statement of overriding considerations,the statement should be included In the record of the, project approval and should be mentioned in the notice of determination. This statement does not substitute for,and shall be in addition to,findings required pursuant to Section 15091, 15094. Notice of determination (a) The County Community Development Department shall file a notice of determination within 5 working days after approval of the project by the lead agency.The notice shall include: (1) An identification of the project including its common name where possible and its location. (2) A brief description of the project. (3) The date when the agency approved the project. (4) The determination of the agency whether the project in its approved form will have a significant effect on the.environment. (5) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA. (6) Whether mitigation measures were.made a condition of the approval of the project. (7) Whether findings were made pursuant to Section 15091. (8) Whether a statement of overriding considerations was adopted for the project. (9) The address where a copy of the final EIR and the record of project approval may be examined. (b) If a state agency is the Lead Agency,the Notice of Determination shall be filed with OPR. (c) If a local agency is the Lead Agency, the Notice of Determination shall be filed with the county clerk of the county or counties in which the project will be located. If the project requires discretionary approval from a state agency,the Notice,of Determination shall also be filed with OPR. (d) A notice of determination filed with the county clerk is available for public inspection and shall be posted within 24 hours of receipt for a period of at least 30 days. Thereafter, the clerk shall return the notice to the local 47 lead agency with a notation of the period during which it was posted. The local lead agency shall retain the notica for not less than 9 months. (e) A notice of determination filed with OPR is available for public inspection and shall be posted for a period of at least 30 days. (f) The filing of the notice.of determination and the posting of such notice starts a 30-day statute of limitations on court challenges to the approval under CEQA. 15095. Disposition of a Final Elft The County Community Development Department shall: (a) Pile a copy of the final EIR with the appropriate planning agency of any city, county, or city and county where significant effects on the environment may occur. (b) Include the. final EIR as part of the regular project report which is used in the existing project review and budgetary process if such a report is used. (c) Retain one or more copies of the final EIR ae public records for a reasonable period of time. (d) Require the applicant to provide a copy of the certified,final EIR to each Responsible Agency. 15096. Proccoo for a Keeponoible Agency (a) General. As a Responsible Agency, the County complies with CEQA by considering the EIR or Negative Declaration prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project involved. This section identifies the Special duties a public agency will have when acting as a Responsible,Agency. (b) Response to Consultation. The County Community Development Department shall respond to consultation by the, Lead Agency in order to assist the Lead Agency in preparing adequate environmental documents for the project. By this means, the Responsible Agency will ensure that the documents it will use will comply with CEQA. (1) In response to consultation,the County Community Development Department shall explain its rear,one for recommending whether the Lead Agency Should prepare an EIR or Negative Declaration for a project. Where the County disagrees with the Lead Agency's proposal to prepare a Negative Declaration for a project,the Responsible Agency Should identify the Significant environmental effects which it believes could result from the project and recommend either that an EIR be prepared or that the project be modified to eliminate the significant effects. (2) As soon aS possible, but not longer than 30 days after receiving a Notice of Preparation from the Lead Agency, the County Shall send a written reply by certified mail or any other method which provider, the agency with a record Showing that the notice was received. The reply ehall specify the Scope and content of the environmental information which would be germane to the Responsible Agency's Statutory responsibilitice in connection with the proposed project. The Lead Agency Shall include thio information in the Ell. 48 (c) Meetings.The County shall designate employees or representatives to attend meetings requested by the Lead Agency to discuss the scope and content of the EIR. (d) Comments on Draft E1Re and Negative Declarations. The County should review and comment on draft EIRs and Negative Declarations for projects which the Responsible Agency would later be asked to approve. Comments should focus on any shortcomings in the EIR, the appropriateness of using a Negative Declaration, or on additional alternatives or mitigation measures which the EIR should include. The comments shall be limited to those project activities which are within the agency's area of expertise or which are required to be carried out or approved by the agency or which will be subject to the exercise of powers by the agency. Comments shall be as specific as possible and supported by either oral or written documentation. (e) Decision on Adequacy of EIR or Negative Declaration. If the County believes that the final EIR or Negative Declaration prepared by the Lead Agency is not adequate for use by the Responsible Agency,the County must either: (1) Take the issue to court within 30 days after the Lead Agency files a Notice of Determination; (2) Be deemed to have waived any objection to the adequacy of the EIR or Negative Declaration; (3) Prepare a subsequent EIR if permissible under Section 15162;or (4) Assume the Lead Agency role as provided in Section 15052(x)(3). (f) Consider the EIR or Negative Declaration. Prior to reaching a decision on the project, the Responsible Agency must consider the environmental effects of the project as shown in the EIR or Negative Declaration. A subsequent or supplemental EIR can be prepared only as provided in Sections 15162 or 15163. (g) Adoption of Alternatives or Mitigation Measures, (1) When consldering a€ternativee and mitigation measures, the County is more limited than a Lead Agency, The County has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to carry out,finance,or approve. (2) When an EIR has been prepared for a project,the County shall not approve the project as proposed if the agency finds any feasible alternative or feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the project would have on the environment. With respect to a project which includes housing development,the County shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure.available that will provide a comparable level of mitigation. (h) Findings.The County shall make the findings required by Section 15091 for each significant effect of the project and shall make the findings in Section 15093 if necessary. (1) Notice of Determination. The County should file a Notice of Determination in the same manner as a Lead Agency under Section 15075 or 15094 except that the Responsible Agency does not need to state that the EIR or Negative Declaration complies with CEQA. The County should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. 49 AM :.3 6' 15097. Mitigation Monitoring or Reporting (a) This section applies when the County has made the findings required under paragraph (1) of subdivision (a) of Section 15091 relative to an EIR or adopted a mitigated negative declaration in conjunction with approving a project. In order to ensure that the mitigation measures and project revisions Identified in the EIR or negative declaration are implemented, the County shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. The County may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs In accordance with the program. (b) Where the project at issue is the adoption of a general plan, specific plan, community plan or other plan-level document (zoning, ordinance, regulation, policy), the monitoring plan shall apply to policies and any other portion of the plan that Is a mitigation measure or adopted alternative. The monitoring plan may consist of policies Included In plan-level documents. The annual report on general pian statue required pursuant to the Government Code is one example of a reporting program for adoption of a city or county general plan. (c) The public agency may choose whether its program will monitor mitigation, report on mitigation, or both. "Reporting"generally consists of a written compliance review that is presented to the decision making body or authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. "Monitoring" is generally an ongoing or periodic process of project oversight.There is often no clear distinction between monitoring and reporting and the program best suited to ensuring compliance in any given instance will usually involve elements of both. The choice of program may be guided by the following: (1) Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. For example,a report may be.required upon issuance of final occupancy to a project whose mitigation measures were confirmed by building inspection. (2) Monitoring is suited to projects with complex mitigation measures, such as wetlands restoration or archeological protection,which may exceed the expertise of the local agency to oversee,are expected to be. implemented over a period of time,or require careful implementation to assure compliance. (3) Reporting and monitoring are suited to all but the most simple projects. Monitoring ensures that project compliance is checked on a regular basis during and,if necessary after,implementation. Reporting ensures that the approving agency is informed of compliance with mitigation requirements. (d) Lead and responsible agencies should coordinate their mitigation monitoring or reporting programs where possible. Generally, lead and responsible agencies for a given project will adopt separate and different monitoring or reporting programs. This occurs because of any of the following reasons: the agencies have adopted and are responsible for reporting on or monitoring different mitigation measures; the agencies are deciding on the project at different times; each agency has the discretion to choose its own approach to monitoring or reporting;and each agency has its own special expertise, (e) At its discretion, an agency may adopt standardized policies and requirements to guide individually adopted monitoring or reporting programs. Standardized policies and requirements may describe, but are not limited to: (1) The relative responsibilities of various departments within the agency for various aspects of monitoring or reporting,including lead responsibility for administering typical programs and support responsibilities. 50 "A yip (2) The responsibilities of the project proponent. (3) Agency guidelines for preparing monitoring or reporting programs. (4) General standards for determining project compliance with the mitigation measures or revisions and related conditions of approval. (6) Enforcement procedures for noncompliance,including provisions for administrative appeal. (6) Process for Informing staff and declsion makers of the relative success of mitigation measures and using those results to improve future mitigation measures. (f) Where a trustee agency, in timely commenting upon a draft EIR or a proposed mitigated negative declaration, proposes mitigation measures or project revisions for incorporation into a project that agency, st the same time, shall prepare and submit to the lead or responsible agency a draft monitoring or reporting program for those measures or revisions. The lead or responsible agency may use this information in preparing its monitoring or reporting program. (g) When a project is of statewide,regional, or areawide importance,any transportation information generated by a required monitoring or reporting program shall be submitted to the transportation planning agency in the region where the project is located. Each transportation planning agency shall adopt guidelines for the submittal of such information. 51 Article 8. Time. L.imlto 15100. General (a) The County shall adopt time limits to govern their implementation of CEQA consistent with this article. (b) The County should carry out its responsibilities for preparing and reviewing EIRs within a reasonable period of time. The requirement for the preparation of an EIR should not cause undue delays in the processing of applications for permits or other entitlements to use. 15101. Review of Application for Cortipletene55 The. County Community Development Department shall determine whether an application for a permit or other entitlement for use is complete within 30 days from the receipt of the application except as provided in Section 15111, If no written determination of the completeness of the application is made within that period, the application will be deemed complete on the 30th day. 15102. Initial Study The County Community Development Department shall determine within 30 days after accepting an application as complete whether it intends to prepare an EIR or a Negative Declaration or use a previously prepared EIR or Negative Declaration except as provided in 5eotion 15111, The 30 day period may be extended 15 days upon the consent of the lead agency and the project applicant. 15103. Responoe to Notice of Preparation Responsible Agencies and Trustee Agencies shall provide a response to a Notice of Preparation to the County within 30 days after receipt of the notice. If a Responsible Agency fails to reply within the 30 days with either a response or a well justified request for additional time,the Lead Agency may assume that the Responsible Agency has no response to make and may ignore a late response. 15104. Convening of Meetinge The County Community Development Department shall convene a meeting with agency representatives to discuss the scope and content of the, environmental information a Responsible Agency will need in the E1R as soon as possible but no later than 30 days after receiving a request for the meeting.The meeting may be requested by the Lead Agency,a Responsible Agency,a Trustee Agency,or by the project applicant. 52 - s 15105. Public Koview Period for a Draft EIR or a Propooed Negative Declaration or Mitigated Negative Declaration (a) The public review period for a draft EIR shall not be less than 30 days nor should it be longer than 60 days except under unusual circumstances.When a draft EIR is submitted to the 5tate Clearinghouse for review by state agencies,the public review period shall not be. less than 345 days, unless a shorter period, not less than 30 days,is approved by the State Clearinghouse. (b) The public review period for a proposed negative declaration or mitigated negative declaration shall be not less than 20 days. When a proposed negative declaration or mitigated negative declaration is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be, less than 30 days, unless a shorter period,not less than 20 days,is approved by the 5tate Clearinghouse. (c) If a draft EIR or proposed negative declaration or mitigated negative declaration has been submitted to the State Clearinghouse for review by state agencies,the public review period shall be,at least as long as the review period established by the 5tate C€earinghouee. (d) A shortened Clearinghouse review period may be granted in accordance with the provisions of Appendix L and the following principles: (1) A shortened review shall not be granted for any proposed project of statewide, areawide, or regional environmental significance. (2) Requests for shortened review periods shall be submitted to the Clearinghouse in writing by the decision- making body of the County, or a representative authorized by ordinance, resolution, or delegation of the decision-making body. (3) The County has contacted responsible and trustee agencies and they have agreed to the shortened review period. 15107. Completion of Negative Declaration With private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies,the negative declaration must be completed and approved within 150 days from the date when the lead agency accepted the application as complete. 15108. Completion and Certification of EIP. With a private project,the County shall complete and certify the final Eliz as provided in 5ection 15090 within one year after the date when the County accepted the application as complete. Lead Agency procedures may provide that the one-year time limit may be extended once for a period of not more than 90 days upon consent of the Lead Agency and the applicant. 53 15109. 5uspenelon of Time Periods An unreasonable delay by an applicant in meeting requests by the County Community Development Department necessary for the preparation of a Negative Declaration or an EIR, shall suspend the running of the time periods described in Sections 15107 and 15105 for the period of the unreasonable delay. Alternatively, the County may disapprove a project application where there Is unreasonable delay in meeting requests, The County may allow a ranawad application to start at the same point in the procaes where the application was when it was disapproved. 15110. Projects with Federal Involvement (a) At the request of an applicant, the Community Development Director may waive the one-year time limit for completing and certifying a final EIR or the 105-4ay period for completing a Negative Declaration if: (1) The.project will be.subject to CEQA and to the National Environmental Policy Act, (2) Additional time will be required to prepare a combined EIR-E15 or combined Negative Declaration-Finding of No 5lgnificant Impact as provided in Section 15221,and (3) The time required to prepare the combined document will be shorter than the time required to prepare,the documents separately. (b) The time limits for taking final action on a permit for a development project may also be waived where a combined EIR-EIS will be prepared. (c) The time limits for processing permits for development projects under Government Code Sections 65950- 65960 shall not apply if federal statutes or regulations require time schedules which exceed the state time limits. In this event, any state agencies involved shall make a final decision on the project within the federal time limits. 15111. Projects with Short Time Periods for Approval (a) A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA would be,difficult. To enable the Lead Agency to comply with both the permit statute and CEQA,the County shall deem an application for a project not received for filing under the permit statute or ordinance until such time as progress toward completing the environmental documentation required by CEQA is sufficient to enable.the Lead Agency to finish the CEQA process within the short permit time limit.This section will apply where all of the following conditions are.met: (1) The enabling legislation for a program, other than Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the Lead Agency to take action on an application within a specified period of time.that is six months or less,and (2) The enabling legislation provides that the project will become approved by operation of law if the Lead Agency fails to take any action within ouch specified time period,and (3) The project involves the issuance of a lease,permit, license, certificate,or other entitlement for use. (b) Examples of time periods subject to this section include,but are not limited to: 54 (1) Action on a timber harvesting plan by the Director of Forestry within 15 days pursuant to Section 4582.7 of the Public Resources Code, (2) Action on a permit by the San Francisco Day Conservation and Development Commission within 90 days pursuant to Section 66632(f)of the government Code;and (3) Action on an oil and gas permit by the Division of Oil and Gas within 10 days pursuant to Sections 3203 and 3724 of the Public Resources Code. (c) In any case described in this section, the environmental document shall be completed or certified and the decision on the project shall be made within the period established under the Permit Streamlining Act (Government Code Sections 56920,et seq.). 15112. 5tatutee of Lirriitatiotis (a) CEQA provides unusually short statutes of limitations on filing court challenges to the approval of projects under the Act. (b) The statute of limitations periods are not public review periods or waiting periods for the person whose project has been approved. The project sponsor may proceed to carry out the project as soon as the necessary permits have been granted. The statute of limitations cuts off the right of another person to file a court action challenging approval of the project after the specified time period has expired. (c) The statute of limitations periods under CEQA are as follows: (1) Where the County Community Development Department filed a Notice of Determination in compliance with Sections 15075 or 15094,30 days after the filing of the notice and the posting on a list of such notices. (2) Where the County Community Development Department filed a Notice of Exemption in compliance with Section 15062,35 days after the filing of the notice and the posting on a list of such notices. (3) Where a certified state regulatory agency files a Notice of Decision in compliance with Public Resources Code Section 21080.5(d)(2)(v),30 days after the filing of the notice. (4) Where the Secretary for Resources certifies a state environmental regulatory agency under Public Resources Code Section 21050.5, the certification may be challenged only during the 30 days following the certification decision. (5) Where none of the other statute of limitations periods in thio section apply,180 days after either (A) The public agency's decision to carry out or approve the project,or (B) Commencement of the project if the project is undertaken without a formal decision by the public agency. 55 '7 4� Article 9. Contents of Environmental Impact reports 15120. General (a) Environmental Impact Reports shall contain the information outlined in this article, but the format of the document may be varied. Each element must be covered, and when these elements are not separated Into distinct sections,the document shall state where in the document each element le discussed. (b) The EIR may be prepared as a separate document,as part of a general plan, or as part of a project report. If prepared as a part of the project report, it must still contain one separate and distinguishable section providing either analysis of all the subjects required in an EIR or,as a minimum,a table showing where. each of the subjects is discussed. When the Lead Agency is a state agency, the EIR shall be, included as part of the regular project report if such a report is used in the agency's existing review and budgetary process. (c) Graft EIR9 shall contain the information required by 5ections 15122 through 15131. Final EIRe shall contain the same information and the subjects described in 5ection 15132. (d) No document prepared pursuant to this article that is available for public examination shall include a "trade secret"'ae defined In Section 6254.7 of the Government Code,information about the location of archaeological sites and sacred lands, or any other information that is subject to the disclosure restrictions of 5ection 6254 of the Government Code, 15121. Informational Document (a) An EIR is an informational document which will inform public agency decision-makers and the public gcnerally of the significant environmental effect of a project, identify possible ways to minimize the significant effects,and describe reasonable alternatives to the project. The public agency shall consider the information in the EIR along with other Information which may be presentcd to the agency. (b) While the information in the EIR does not control the agency's ultimate discretion on the project,the agency must respond to each significant effect identified in the EIR by making findings under 5ection 15091 and if necessary by making a statcment of overriding consideration under 5ection 15093. (c) The,information in an EIR may constitute substantial evidence in the record to support the agency's action on the project if its decision le later challenged in court. 15122. Table of Contents or Index An EIR shall contain at least a table of contents or an index to assist readers in finding the analysis of different subjects and issues. 56 15123. 5ummary (a) An EIR shall contain a brief summary of the proposed actions and its consequences. The language of the summary should be a clear and simple as reasonably practical. (b) The summary shall identify: (1) Each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect, (2) Areas of controversy known to the Lead Agency including issues raised by agencies and the public,and (3) Issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects. (c) The summary should normally not exceed 15 pages. 15124. Project Description The.description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic.The location of the project shall also appear on a regional map. (b) A statement of objectives sought by the proposed project. A clearly written statement of objectives will help the lead agency develop a reasonable range of alternatives to evaluate in the EIR and will aid the decision makers in preparing findings or a statement of overriding considerations, if necessary. The statement of objectives should include the underlying purpose of the project. (c) A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals if any and supporting public service facilities. (d) A statement briefly describing the intended uses of the EIR, (1) This statement shall include,to the extent that the information is known to the Lead Agency, (A) A list of the.agencies that are expected to use the EIR in their decision-making,and (8) A fist of permits and other approvals required to implement the project. (C) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulatfons, or policies. To the fullest extent possible, the lead agency should integrate CEQA review with these related environmental review and consultation requirements. (2) if a public agency must make more than one decision on a project,all its decisions subject to CEQA Should be listed, preferably in the order in which they will occur. On request, the Office of Planning and Kesearch will provide assistance in identifying state permits for a project. 57 15125. Environmental Setting (a) An EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time notice of preparation Is published,or if no notice of preparation Is published,at the time environmental analysis is commenced,from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact Is significant, The description of the environmental setting shall be no longer than is necessary to an understanding of the significant effects of the proposed project and its alternatives. (b) When preparing an EIR for a plan for the reuse of a military base, lead agencies should refer to the special application of the principle of baseline conditions for determining significant impacts contained in Section 15229. (c) Knowledge of the regional setting Is is critical to the assessment of environmental impacts. 5peciai emphasis should be pieced on environmental resources that are rare or unique to that region and would be.affected by the project. The EIR must demonstrate that the significant environmental impacts of the proposed project were adequately investigated and discussed and it must permit the significant effects of the project to be considered in the full environmental context, (d) The EiR shall shall diecues any inconsistencies between the proposed project and applicable general plans and regional plans. Ouch regional plane include, but are not limited to, the applicable air quality attainment or maintenance Plan or 5tate Implementation Pian, area-wide waste treatment and water quality control plans, regional transportation pians,regional housing allocation piano,habitat conservation plans,natural community conservation plans and regional land use plans for the protection of the Coastal Zone, Lake Tahoe Basin, San Francisco Day,and Santa Monica Mountains, (e) Where,in proposed project is compared with an adopted plan, the analysis ehall examine the existing physical conditions at the time the notice of preparation is published,or if no notice of preparation is published,at the time environmental analysis is commenced me well ae the potential future conditions discussed in the plan. 15126. Conoideration and ©iocu55ion of Environmental Impacts Ail phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development,and operation. The subjects listed below shall be discueeed me directed in 5ectione 15126.2, 15126.4 and 15126.6, preferably in separate sections or paragraphs of the EIR. If they are not discussed separately, the EIR shall include a table showing where each of the subjects ie discussed. (a) Significant Environmental Effects of the Proposed Project. (b) Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is Implemented, (c) Significant Irreverelble Environmental Changes Which Would be Involved in the Propoeed Project 5hould it be Implemented. (d) Growth-Inducing Impact of the Proposed Project. (e) The Mitigation Measures Proposed to Minimize the Significant Effects. 58 4" (f) Alternatives to the Proposed Project. 15126.2 Consideration and Discussion of Significant Environmental impacts (a) The Significant Environmental Effects of the Proposed Project. An EIR shall identify and focus on the significant environmental effects of the proposed project. In assessing the Impact of a proposed project on the environment, the lead agency should normally limit its examination to changes in the existing physical conditions In the affected area as they exist at the time the notice of preparation Is published, or where no notice of preparation is published, at the time environmental analysis is commenced. Direct and indirect significant effects of the project on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects.The discussion should include relevant specifics of the area,the resources involved, physical changes,alterations to ecological systems,and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the resource base such as water, historical resources, scenic duality, and public services. The EIR shall also analyze any significant environmental effects the project might cause by bringing development and people into the area affected. For example, an EIR on a subdivision astride an active fault line should identify as a significant effect the seismic hazard to future occupants of the subdivision. The subdivision would have the effect of attracting people to the location and exposing them to the hazards found there. (b) Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is implemented. Describe any significant Impacts, Including those which can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed,notwithstanding their effect,should be.described. (c) Significant Irreversible Environmental Changes Which Would be Caused by the Proposed Project Should it be Implemented. Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary Impacts and, particularly, secondary impacts (such as highway improvement which provides access to a previously inaccessible area)generally commit future generations to similar uses.Also irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. (d) Growth-Inducing Impact of the Proposed Project. Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas). Increases in the population may tax existing community service facilities, requiring construction of new facilities that could cause significant environmental effects. 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. 15126.4 Consideration and Diocuooion of Mitigation Measures Proposed to Minimize Significant EfFecto (a) Mitigation Measures in General. 59 (1) An EIR shall describe feasible measures which could minimize significant adverse impacts, including where relevant.inefficient and unnecessary consumption of energy. (A) The discussion of mitigation measures shall distinguish between the measures which are proposed by project proponents to be included In the project and other measures proposed by the lead, responsible or trustee agency or other persons which are not Included but the lead agency determines could reasonably be expected to reduce adverse impacts if required as conditions of approving the project. This discussion shall identify mitigation measures for each significant environmental effect identified In the EIR. (5) Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures should not be deferred until some future time. However, measures may specify performance standards which would mitigate the significant effect of the project and which may be accomplished In more than one specified way. (C) Energy conservation measures,as well as other appropriate mitigation measures, shall be,discussed when relevant.Examples of energy conservation measures are provided in Appendix F. (D) If a mitigation measure would cause one or more significant effects in addition to those that would be. caused by the project as proposed, the effects of the mitigation measure shall be discussed but in less detail than the significant effects of the project as proposed. (Stevens v. City of Glendale(1961) 125 Cal.App.3d 986.) (2) Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally- binding instruments. In the case of the adoption of a plan, policy, regulation, or other public project, mitigation measures can be incorporated into the plan,policy, regulation,or project design. (3) Mitigation measures are not required for effects which are not found to be significant. (4) Mitigation measures must be consistent with all applicable constitutional requirements, including the following: (A) There must be an essential nexus (i.e. connection) between the mitigation measure and a legitimate governmental interest. Nollan v.California Coastal Commission,453 U.5.825(1957);and (13) The mitigation measure must be, "roughly proportional'to the impacts of the project. Dolan v. City of Tigard,512 U.S.374(1994). Where the mitigation measure is an ad hoc exaction, it must be,"roughly proportional'to the impacts of the project. Ehrlich v.City of Culver City(1996)12 Cal.4th 854. (5) If the lead agency determines that a mitigation measure cannot be legally imposed, the measure need not be proposed or analyzed. Instead,the EIR may simply reference that fact and briefly explain the reasons underlying the lead agency"s determination. (b) Mitigation Measures Related to Impacts on Historical Resources. (1) Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the 5ecretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer, 60 the project's impact on the historical resource shall generally be considered mitigated below a level of significance and thus Is not slgnificant. (2) In some circumstances,documentation of an historical resource,by way of historic narrative,photographs or architectural drawings,as mitigation for the effects of demolition of the resource will not mitigate the effects to a point where clearly no significant effect on the environment would occur. (3) Public agencies should,whenever feasible,seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors shall be considered and discussed in an ElR for a project involving such an archaeological site: (A) Preservation in place is the preferred manner of mitigating Impacts to archaeological sites. Preservation in place maintains the relationship between artifacts and the archaeological context. Preservation may also avoid conflict with religious or cultural values of groups associated with the site. (13) Preservation in place may be accomplished by,but is not limited to,the following: 1. Planning construction to avoid archaeological sites; 2. Incorporation of sites within parks,greenspace,or other open space; 3. Covering the archaeological sites with a layer of chemically stable soil before building tennis courts,parking lots,or slmilar facilities on the site. 4. Deeding the site into a permanent conservation easement. (C) When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource,shall be prepared and adopted prior to any excavation being undertaken. 5uch studies shall be deposited with the California Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the provisions of 5ection 7050.5 Health and Safety Code. (D) Data recovery shall not be required for an historical resource if the lead agency determines that testing or studies already completed have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination Is documented in the EIR and that the studies are deposited with the California Historical Resources Regional Information Center, 15126.6 Consideration and Diocu55ion of Aiternativeei to the Proposed Project (a) Alternatives to the Proposed Project. An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the 61 alternatives to be discussed other than the rule of reason. (Citizens of Goleta Valley v. Board of Supervisors (1950) 52 Cal.3d 553 and Laurel Heights Improvement Association v. regents of the University of California (1588)47 Ca1.3d 376). (b) Purpose. Because an EIR must Identify ways to mitigate or avoid the significant effects that a project may have on the environment(Public Resources Code Section 21002.1),the discussion of alternatives shall focus on alternatives to the project or Its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives,or would be.more costly. (c) Selection of a range of reasonable alternatives. The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects.The EIR should briefly describe the rationale for selecting the alternatives to be discussed.The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency's determination.Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detalled consideration In an EIR are:(i) failure to meet most of the basic project objectives, (!I) infeasibility, or (iii) inability to avoid significant environmental impacts. (d) Evaluation of alternatives. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed, but in less detail than the significant effects of the project as proposed. (County of lnyo v. City of Los Angeles(1961) 124 Cal.App.3d 1). (e) "No projeot"alternative. (1) The specific alternative of "no project" shall also be evaluated along with its impact. The purpose of describing and analyzing a no project alternative is to allow decisionmakers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative analysis is not the baseline for determining whether the proposed project's environmental impacts may be,significant,unless it is identical to the existing environmental setting analysis which does establish that baseline(gee Section 15125). (2) The "no project" analysis shall discuss the existing conditions at the time the notice of preparation is published,or if no notice of preparation 15 published,at the time environmental analysis is commenced,as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the environmentally superior alternative is the "no project" alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. (3) A discussion of the"no project"alternative will usually proceed along one of two lines: (A) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the "no project" alternative will be the continuation of the existing plan, policy or operation into the future. Typically this is a situation where other projects initiated under the existing plan will continue while the new plan is developed.Thus,the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan. 62 (B) If the project Is other than a land use or regulatory plan, for example a development project on Identifiable property,the"no project"alternative is the circumstance under which the project does not proceed.Here the discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project under consideration would result in predictable actions by others, such as the proposal of some other project, this "no project" consequence should be, discussed. In certain Instances, the no project alternative means "no build" wherein the existing environmental setting Is maintained. However, where failure to proceed with the project will not result in preservation of existing environmental conditions. the analysis should Identify the practical result of the project's non-approval and not create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment. (C) After defining the no project alternative using one of these approaches, the lead agency should proceed to analyze the impacts of the no project alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. (f) Rule of reason.The range of alternatives required in an EIR is governed by a "rule of reason"that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives,the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. The range of feasible alternatives shall be selected and discussed In a manner to foster meaningful public participation and informed decision making. (1) Feasibility. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries (projects with a regionally significant impact should consider the regional context),and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site(or the site io already owned by the proponent). No one of these factors establishes a fixed limit on the scope of reasonable alternatives. (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, see Save Our Residential Environment v. City of West Hollywood(1992) 9 Cal.App.4th 1745,1753,fn.1). (2) Alternative locations. (A) Key question. The key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the slgnificant effects of the project need be. considered for inclusion in the EIR. (13) None feasible, if the lead agency concludes that no feasible alternative locations exist, it must disclose the reasons for this conclusion, and should include the reasons in the EIR. For example, in some cases there may be no feasible alternative locations for a geothermal plant or mining project which must be in close proximity to natural resources at a given location. (C) Limited new analysis required. Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for projects with the same basic purpose, the lead agency should review the previous document. The EIR may rely on the previous document to help it assess the feasibility of potential project alternatives to the extent the circumstances remain 63 ,�'"�•`c=`rte 71 substantially the same as they relate to the alternative. (Citizens of Goleta Valley v. Board of Supervisors(1990)52 Cal.3d 553,573). (3) An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose Implementation Is remote and speculative. (Residents Ad Hoc Stadium Commlttee v. Board of Trustees (1979) 59 Cal.App.3d 274). 15127. Limitations on Discussion of Environmental Impact The information required by Section 15126(e) concerning irreversible changes, need be Included only in ElRo prepared in connection with any of the following activities: (a) The adoption,amendment,or enactment of a pian,policy,or ordinance of a public agency, (b) The adoption by a Local Agency Formation Commission of a resolution making determinations, or (c) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act of 1969,42 U.S.C.4321-4347. 15128. Effects Not Found to be Significant An Eliz. shall contain a statement briefly indicating the reasons that various possible significant effects of a project were determined not 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. 15123. Organizations and Persons Consulted The EIK shall identify all federal, state, or local agencies, other organizations,and private individuals consulted in preparing the draft EIK and the persons, firm, or agency preparing the draft EIR, by contract or other authorization. 15130. Discussion of Cumulative Impacts (a) An EIR shall discuss cumulative impacts of a project when the project's incremental effect is cumulatively considerable, as defined in section 15065(c). Where a lead agency is examining a project with an incremental effect that is not"cumulatively considerable,"a lead agency need not consider that effect significant,but shall briefly describe its basis for conciuding that the incremental effect is not cumulatively considerable. (1) As defined in Section 15355, a cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the Eliz.. (2) When the combined cumulative impact associated with the project's incremental effect and the effects of other projects is not significant,the Eliz shall briefly indicate why the cumulative impact is not significant 64 -�41'' and Is not discussed in further detail in the EIIZ.A lead agency shall Identify facts and analysis supporting the lead agency's conclusion that the cumulative Impact is less than significant. (3) An EIR may determine that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant. A project's contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact.The lead agency shall Identify facts and analysis supporting Its conclusion that the contribution will be, rendered less than cumulatively considerable. (4) An Ei1Z may determine that a project's contribution to a significant cumulative impact is de minimus and thus is not significant. A de minimus contribution means that the environmental conditions would essentially be the same whether or not the proposed project is implemented. (b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence,but the,discussion need not provide as great detail as is provided of for the.effects attributable to the project alone.The discussion should be,guided by standards of practicality and reasonableness,and should focus on the cumulative impact to which the identified other projects contribute rather than the attributes of other projects which do not contribute to the cumulative impact. The following elements are necessary to an adequate,discussion of significant cumulative impacts: (1) Either: (A) A list of past, present, and probable future projects producing related or cumulative impacts, including.If necessary,those projects outside the control of the agency,or (5) A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area-wide conditions contributing to the cumulative impact. Any such planning document shall be referenced and made available to the public at a location specified by the lead agency; 1. When utilizing a list, as suggested in paragraph (1) of subdivision (b), factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined,the location of the project and its type. Location may be important,for example, when water quality impacts are at issue since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important,for example,when the impact is specialized,such as a particular air pollutant or mode of traffic. 2. "Probable future projects" may be limited to those projects requiring an agency approval for an application which has been received at the time the notice of preparation is released, unless abandoned by the applicant; projects included in an adopted capital improvements program, general plan, regional transportation plan,or other slmilar pian; projects included in a summary of projections of projects (or development areas designated) in a general plan or a similar plan; projects anticipated as later phase of a previously approved project(e.g. a subdivision); or those public agency projects for which money has been budgeted. 3. Lead agencies should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. (2) A summary of the expected environmental effects to be, produced by those projects with Specific reference to additional information stating where that information is available;and 65 (3) A reasonable analysis of the cumulative impacts of the relevant projects.An EIR shall examine reasonable, feasible options for mitigating or avoiding the project's contribution to any significant cumulative effects. (c) With some projects.the only feasible mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather than the Imposition of conditions on a project-by-project basis. (d) Previously approved land use documents such as general plans,specific plans,and local coastal plans may be used In cumulative impact analysis. A pertinent discussion of cumulative impacts contained in one or more previously certified EIRe may be. incorporated by reference pursuant to the provisions for tiering and program EIRs. No further cumulative impacts analysis Is required when a project Is consistent with a general, specific, master or comparable programmatic plan where the lead agency determines that the regional or areawide cumulative Impacts of the proposed project have already been adequately addressed, as defined In section 15152(e),in a certified EIR for that plan. (a) If a cumulative Impact was adequately addressed in a prior EIR for a community plan,zoning action,or general plan,and the project is consistent with that plan or action,then an EIR for such a project should not further analyze that cumulative impact,as provided in Section 151530). 15131. Economic and Social Effects Economic or social information may be,Included in an EIR or may be presented in whatever form the agency desires. (a) Economic or social effects of a project shall not be treated as significant effects on the environment. An EIR may trace a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the project to physical changes caused in turn by the economic or social changes. The intermediate economic or social changes need not be analyzed in any detail greater than necessary to trace the chain of cause and effect.The focus of the analysis shall be on the physical changes. (b) Economic or social effects of a project may be used to determine the significance of physical changes caused by the project. For example, if the construction of a new freeway or rail line divides an existing community,the construction would be the physical change, but the social effect on the community would be the basis for determining that the effect would be significant. As an additional example, if the construction of a road and the resulting increase in noise in an area disturbed existing religious practices in the area, the disturbance of the religious practices could be used to determine that the construction and use of the road and the resulting noise would be significant effects on the environment.The religious practices would need to be analyzed only to the extent to show that the increase in traffic and noise would conflict with the religious practices. Where an EIR uses economic or social effects to determine that a physical change is significant,the EIR shall explain the reason for determining that the effect ie significant. (c) Economic, social, and particularly housing factors shall be considered by public agencies together with technological and environmental factors in deciding whether changes in a project are feasible to reduce or avoid the significant effects on the environment identified in the EIR. If information on these factors is not contained in the EIR,the information must be added to the record in some other manner to allow the agency to consider the factors in reaching a decision on the project. 66 15132. Contents of Final Environmental Impact Report The Final EIR shall consist of: (a) The draft EIP,or a revision of the draft. (b) Comments and recommendations received on the draft Elft either verbatim or in summary. (c) A list of persons,organizations,and public agencies commenting on the draft EIK. (d) The responses of the Lead Agency to significant environmental points raised In the review and consultation process. (e) Any other information added by the Lead Agency. 67 rJ�✓ Article 10. Conoiderationo in preparing EIRo and Negative Declarationo 15140. Writing EIRe shall be.written in plain language and may use appropriate graphics so that decision-makers and the, public can rapidly understand the documents. 15141. Page Limits The text of draft EIKs should normally be less than 150 pages and for proposals of unusual scope or complexity should normally be less than 300 pages. 15142. Interdicip(inary Approach An EIK shall be.prepared using an interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the consideration of qualitative as well as quantitative factors. The, interdisciplinary analysis shall be conducted by competent individuals, but no single discipline shall be designated or required to undertake this evaluation. 15143. Emphaele The, EIK shall focus on the significant effects on the environment. The significant effects should be discussed with emphasis in proportion to their severity and probability of occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIK unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study may be attached to the EIK to provide the basis for limiting the impacts discussed. 15144. Forecasting Drafting an EIK or preparing a Negative (declaration necessarily involves some degree of forecasting. While foreseeing the unforeseeable is not possible.an agency must use its best efforts to find out and dlsclose all that it reasonably can. 15145. Speculation If,after thorough investigation,a Lead Agency finds that a particular impact ie too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact 68 15146. Degree of 5pecifiicity The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR. (a) An EER on a construction project will necessarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the, construction can be predicted with greater accuracy. (b) An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the, secondary effects that can be expected to follow from the adoption or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow. 15147. Technical Detail The information contained in an EIR shall include summarized technical data, maps, plot plans, diagrams, and similar relevant information sufficient to permit full assessment 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 information and analyses as appendices to the main body of the EIR.Appendices to the EIR may be prepared in volumes separate from the basic EIR document, but shall be readily available for public examination and shall be submitted to all clearinghouses which assist in public review. 15148. Citation Preparation of EIRs is dependent upon information from many Sources, including engineering project reports and many scientific documents relating to environmental features.Theoe documents should be cited but not included in the EIR. The, EIR shall cite all documents used in its preparation including, where possible, the, page and section number of any technical reports which were used as the basis for any Statements in the EIR. 15149. Use of Kegiotered Profeesionalo in Preparing ElR9 (a) A number of statutes provide that certain profeeeional Serviceo can be provided to the public only by individuals who have been registered by a registration board eotablished under California law. Such statutory restrictions apply to a number of profeeeione including but not limited to engineering, land surveying,forestry, geology,and geophysics. (b) In its intended usage, an EIR is not a technical document that can be prepared only by a registered professional.The EIR serves as a public disclosure document explaining the effects of the proposed project on the environment,alternatives to the project, and ways to minimize adverse effects and to increase beneficial effects.As a result of information in the EIR,the Lead Agency should establish requirements or conditions on project design,construction,or operation in order to protect or enhance the environment. State Statutes may provide that only regiotered profeosionale can prepare technical Studies which will be used in or which will 69 Y 77 control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. 15150. Incorporation by Reference (a) An EIR or Negative Declaration may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Where all or part of another document is incorporated by reference, the Incorporated language shall be considered to be set forth in full as part of the text of the EIR or Negative Declaration. (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 building. The EIR or Negative Declaration shall state where the incorporated documents will be available for inspection. At a minimum,the Incorporated document shall be made avallable 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 or Negative Declaration uses incorporation by reference,the incorporated part of the referenced document shall be briefly summarized where possible or briefly described if the data or information cannot be summarized.The relationship between the incorporated part of the referenced document and the EIR shall be described. (d) Where an agency incorporates information from an EIR that has previously been reviewed through the state review system, the state identification number of the incorporated document should be included in the summary or designation described in subsection(c). (e) Examples of materials that may be incorporated by reference include but are not limited to. (t) A description of the environmental setting from another EIR. (2) A description of the air pollution problems prepared by an air pollution control agency concerning a process involved in the project. (3) A description of the city or county general plan that applies to the location of the project. (f) Incorporation by reference is most appropriate for including long, descriptive, or technical materials that provide general background but do not contribute directly to the analysis of the problem at hand. 15151. 5tandard6 for Adequacy of an EIR An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts.The courts have looked not for perfection but for adequacy,completeness,and a good faith effort at full disclosure. 70 15152. Tiering (a) "Tiering"refers to using the analysis of general matters contained in a broader EIR(such as one prepared for a general plan or policy statement)with later EIRs and negative declarations on narrower projects, Incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. (b) Agencies are, encouraged to tier the environmental or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering Is appropriate when the sequence of analysis is from an EIR prepared for a general plan,policy,or program to an EIR or negative declaration for another plan, policy,or program of lesser scope, or to a site-specific EIR or negative declaration. 7lering does not excuse the lead agency from adequately analyzing reasonably foreseeable slgnificant environmental effects of the project and does not justify deferring such analysis to a later tier EIR or negative declaration. However,the level of datall contained In a first tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. (c) Where,a lead agency is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof(e.g., an area plan or community plan), the development of detailed, site-specific information may not be. feasible but can be deferred, in many instances, until such time as the lead agency prepares a future environmental document in connection with a project of a more limited geographical scale, as Ione as deferral docs not prevent adequate identification of significant effects of the planning approval at hand. (d) Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section,any lead agency for a later project pursuant to or consistent with the program, plan,policy,or ordinance should limit the ElR or negative declaration on the later project to effects which: (1) Were not examined as significant effects on the environment in the prior EIR;or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions,or other means. (e) Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city or county in which the project is located, except that a project requiring a rezone to achieve or maintain conformity with a general plan may be subject to tiering. (f) A later EIR shall EIR shall be required when the initial study or other analysis finds that the later project may cause significant effects on the environment that were not adequately addressed in the prior EIR. A negative declaration shall be required when the provisions of Section 15070 are met. (1) Where a lead agency determines that a cumulative effect has been adequately addressed in the prior EIR, that effect is not treated as significant for purposes of the later EIR or negative declaration, and need not be discussed in detail. (2) When assessing whether there is a new significant cumulative effect, the lead aecncy shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. At this point, the question is not whether there is a significant cumulative. impact, but whether the effects of the project are cumulatively considerable. For a discueolon on how to assess whether project impacts are cumulatively considerable,sce Section 16064(i). (3) Significant environmental effects have been"adequately addressed"if the lead agency determines that. 71 f (A) they have been mitigated or avoided me a result of the prior environmental Impact report and findings adopted in connection with that prior environmental report, (B) they have been examined at a sufficient level of detail in the prior environmental Impact report to enable those effects to be mitigated or avoided by site specific revisions,the imposition of conditions, or by other means In connection with the approval of the later project;or (C) they cannot be mitigated to avoid or substantially lessen the significant Impacts despite the project proponent's willingness to accept all feasible mitigation measures, and the only purpose of including analysis of such effects In another environmental impact report would be to put the agency in a poeltion to adopt a statement of overriding considerations with respect to the effects. (g) When tiering is used,the later Eine or negative declarations chaff refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR or negative declaration should state that the lead agency is using the tiering concept and that it is being tiered with the earlier EIR. (h) There are various types of EIRS that may be used in a tiering situation. These include, but are not limited to, the following: (1) General pian EIR(Section 15166). (2) Staged EIR(Section 15167). (3) Program EIR(Section 15168), (4) Master EIR(Section 15175). (5) Multiple-family residential development/residential and commercial or retail mixed-use development (Section 15179.5). (6) Redevelopment project(section 151817). (7) Housing/neighborhood commercial facilities in an urbanized area (section 15181). (8) Projects consistent with community plan,general plan,or zoning (Section 15183). 15153. Use of an EIR from an Earlier Project (a) The Lead Agency may employ a tingle EIR to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the Lead Agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstanoes of the projects are essentially the same. (b) When a Lead Agency proposes to uce an EIR from an earlier project ac, the EIR for a Separate, later project, the Lead Agency chaff use the following procedures: (1) The Lead Agency Shall review the proposed project with an Initial Study,using incorporation by reference if necessary,to determine whether the EIR would adequately describe: (A) The general environmental setting of the project, 72 (B) The eignificant environmental impacts of the project,and (C) Alternativee and mitigation measures related to each significant effect. (2) If the Lead Agency believes that the EIR would meet the requirements of subsection (1), it ehall provide publlc review ae provided In Section 15057 stating that it plans to use the previously prepared EIK ae the draft EIR for thie project.The notice shall Include ae a minimum: (A) An identification of the project with a brief description; (B) A statement that the agency plane to uee a certain EIR prepared for a previous project ae the EIR for this project, (C) A listing of places where copiee of the EIR may be examined;and (D) A statement that the key issues involving the EIR are whether the EIR ehould be used for this project and whether there are any additional, reasonable alternatives or mitigation meaeuree that ehould be considered as ways of avoiding or reducing the significant effects of the project. (3) The Lead Agency shall prepare responses to comments received during the review period, (4) Before approving the project,the declolon-maker in the Lead Agency shall: (A) Consider the information in the EIR including commente received during the review period and reeponeee to those commente, (B) Decide either on its own or on a staff recommendation whether the EIR is adequate for the project at hand,and (C) Make or require certification to be made as described in Section 15090. (D) Make findings as provided in 5ectione 15091 and 15093 as necessary. (5) After making a declslon on the project,the Lead Agency shall file a Notice of Determination. (c) An EIR prepared for an earlier project may also be used as part of an Initial Study to document a finding that a later project will not have a significant effect. In this sltuation a Negative Declaration will be prepared. (d) An EIR prepared for an earlier project shall not be used ae the EIR for a later project if any of the conditions described in Section 15152 would require preparation of a subsequent or supplemental EIR. 15154. Projecte Near Airports (a) When a lead agency prepares an EIR for a project within the boundaries of a comprehensive airport land use plan or,If a comprehensive airport land use plan has not been adopted for a project within two nautical miles of a public airport or public use airport,the agency shall utilize the Airport Land Use Planning Handbook published by Caltrans'Division of Aeronautice to assist in the preparation of the EIR relative to potential airport-related safety hazarde and noise problems. 73 (b) A lead agency shall not adopt a negative declaration or mitigated negative declaration for a project described in subsection (a) unless the lead agency considers whether the project will result in a safety hazard or nolse problem for persons using the airport or for persons residing or working in the project area. 74 Article 11. Typed of EIRo 15160. General This article describes a number of examples of variations in EIRe ae the documents are tailored to different situations and Intended uses.These variations are not exclusive. The County may use other variations consistent with the Guidelines to meet the needs of other circumstances. All EIRe must meet the content requirements dlecueecd In Article 9 beginning with Section 15120, 15161. Project EIK The most common type of EIR examinee the environmental impacts of a specific development project. This type of EIK.should focus primarily on the changes in the environment that would result from the development project. The EIR shall examine all phases of the project including planning,construction,and operation. 15162. 5uboequent Ellie and Negative Peclarationc, (a) When an E1R has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the County determines,on the basis of substantial evidence in the light of the whole record,one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new Significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project le undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance,which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted,shows any of the following: (A) The project will have one or more Significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than Shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative°,or 75 k (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum,or no further documentation. (c) Once a project has been approved, the lead agency's role In project approval is completed, unless further d(scretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project Is approved,any of the conditions described in subsactlons(a) occurs,a subsequent EIR or negative declaration shall only be.prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR. or subsequent negative declaration shall be, given the same notice and public review as required under Section 15087 or vection 15072. A Subsequent EIR or negative declaration shall state where the previous document is available and can be.reviewed. 15163. 5upplement to an EIR. (a) The County Community Development Department may choose to prepare a Supplement to an EIR rather than a subsequent EIR if: (1) Any of the conditions described in vection 15162 would require the preparation of a Subsequent EIR,and (2) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. (b) The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the,project as revised. (c) A supplement to an EIR shall be given the same kind of notice and public review ae iS given to a draft EIR under Section 15087. (d) A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR. (e) When the agency decides whether to approve the project,the decision-making body Shall consider the previous EIR as revised by the Supplemental EIR. A finding under Section 15091 Shall be made for each Significant effect shown in the previous EIR as revised. 76 f 15164. Addendum to an EIR or Negative Declaration (a) The County Community Development Department shall prepare an addendum to a previously certified EIR if some, changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or addltione are necessary or none,of the conditions described in 5action 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be. circulated for public review but can be Included in or attached to the final EIR or adopted negative declaration. (d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (a) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR,the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. 15165. Multiple and Phased Projects Where individual projects are,or a phased project is,to be.undertaken and where the total undertaking comprises a project with significant environmental effect, the County Community Development Department shall prepare a single program EIR for the ultimate project as described in Section 15168. Where an individual project is a necessary precedent for action on a larger project,or commits the Lead Agency to a larger project,with significant environmental effect, an EIR must address itself to the scope of the larger project. Where one project is one of several similar projects of a public agency, but is not deemed a part of a larger undertaking or a larger project,the County may prepare one EIR for all projects, or one for each project, but shall in either case comment upon the cumulative effect. 15166. EIR a6 fart of a General Plan (a) The requirements for preparing an EIR on a local general plan, element, or amendment thereof will be. satisfied by using the general plan,or element document,as the EIR and no separate EIR will be required,if. (1) The general plan addresses all the points required to be.in an EIR by Article,9 of these Guidelines,and (2) The document contains a special section or a cover sheat identifying where the general plan document addresses each of the points required. (b) Where an EIR rather than a Negative Declaration has been prepared for a general plan,element,or amendment thereto, the EIR shall be forwarded to the State Clearinghouse for review. The requirement shall apply regardless of whether the EIR is prepared as a separate document or as a part of the general plan or element document. 77 15167. 5taipd EIR (a) Where a large capital project will require a number of discretionary approvals from government agencies and one of the approvals will occur more than two years before construction will begin, a staged EIR may be, prepared covering the, entire project in a general form. The staged EIR shall evaluate the 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 EIR shall be, prepared when a later approval is required for the project, and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. (c) Where.a statute such as the Warren-Alquiet Energy Resources Conservation and D velopment 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 EER. (d) An agency requested to prepare a staged EIR may decline to act as the Lead Agency if it determines, among other factors,that: (1) Another agency would be the appropriate Lead Agency,and (2) There is no compelling need to prepare a staged EIR and grant an approval for the project before the appropriate Lead Agency will take its action on the project. 15166. Program EIR (a) General. A program EIR le an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either. (1) Geographically, (2) A logical parts in the chain of contemplated actions, (3) In connection with issuance of rules,regulations,plans,or other general criteria to govern the conduct of a continuing program,or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. (b) Advantages. Use of a program EIR can provide the following advantages.The program EIK can! (1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis, 78 (3) Avoid duplicative reconsideration of basic policy considerations, (4) Allow the County to consider broad policy alternatives and programwide mitigation measures at an eariy time when the agency has greater flexibility to deal with basic problems or cumulative impacts,and (5) Allow reduction In paperwork. (c) Use with Later Activities. Subsequent activities in the program must be.examined In the light of the program EIR to determine whether an additional environmental document must be prepared. (1) If a later activity would have effects that were not examined in the program EIR,a new Initial Study would need to be prepared leading to either an EIR ora Negative Declaration. (2) If the County finds that pursuant to Section 15162, no new effects could occur or no now mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR,and no new environmental document would be required. (3) The County shall incorporate feasible mitigation measures and alternatives developed in the program EIR Into subsequent actions in the program. (4) Where the subsequent activities involve site specific operations,the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR. (5) A program EIR will be most helpful in dealing with Subsequent activities if it deals with the affects of the program as specifically and comprehensively as possible.With a good and detailed analysis of the program, many subsequent activities could be,found to be.within the scope of the project described in the program EIR,and no further environmental documents would be required. (d) Use with Subsequent Me and Negative Declarations. A program EIR can be, used to simplify the task of preparing environmental documents on later parts of the program.The program EIR can: (1) Provide the basis in an Initial Study for determining whether the later activity may have any significant effects. (2) Dc incorporated by reference to deal with regional influences,secondary effects,cumulative impacts, broad alternatives,and other factors that apply to the program as a whole, (3) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. (e) Notice with Later Activities. When a law other than CEQA requires public notice when the agency later proposes to carry out or approve an activity within the program and to rely on the program EIR for CEQA compliance,the notice for the activity shall include a statement that: (1) This activity is within the scope of the program approved earlier,and (2) The program EIR adequately describes the activity for the purposes of CEQA. 79 15169. Mauer Environmental A55ee5ment (a) General. The County Community Development Department may prepare in Master Environmental Assessment, Inventory, or data base for all, or a portion of, the territory subject to its control in order to provide Information which may be used or referenced in EIRs or Negative Declarations. Neither the content,the format, nor the procedures to be used to develop a Master Environmental Assessment are prescribed by these Guidelines. The descriptions contained in this section are advisory. A Master Environmental Assessment is suggested solely as an approach to identify and organize environmental information for a region or area of the state. (b) Contents. A Master Environmental Assessment may contain an inventory of the physical and biological characteristics of the area for which it is prepared and may contain such additional data and Information as the public agency determines Is useful or necessary to describe environmental characteristics of the area. It may include Identification of existing levels of quality and supply of air and water,capacities and levels of use of existing services and facilities, and generalized incremental effects of different categories of development projects by type,scale,and location. (c) Preparation. (1) A Master Environmental Assessment or inventory may be prepared in many possible ways. For example,a Master Environmental Assessment may be. prepared as a special, comprehensive study of the area Involved,as part of the EIR on a general plan,or as a data base accumulated by indexing EIRs prepared for Individual projects or programs in the area involved. (2) The information contained in a Master Environmental Assessment should be reviewed periodically and revised as needed so that it is accurate and current. (3) 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 the appropriate Council of Governments. {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 location of individual projects. (2) A Master Environmental Assessment may provide information agencies can use in initial studies to decide whether certain environmental effects are likely to occur and whether certain effects will be,significant. (3) A Master Environmental Assessment can provide a central source of current information for use in preparing individual EIRs and Negative Declarations. (4) Relevant portions of a Master Environmental Assessment can be referenced and summarized in EIRs and Negative Declarations. (5) A Master Environmental Assessment can assist in identifying long range, areawlde, and cumulative impacts of individual projects proposed in the area covered by the assessment. (6) A Master Environmental Assessment can assist a city or county in formulating a general plan or any element of such a plan by identifying environmental characteristics and constraints that need to be addressed in the general plan. 80 (7) A Master Environmental Assessment can serve as a reference document to assist public agencies which review other environmental documents dealing with activities In the area covered by the assessment. The public agency preparing the assessment should forward a completed copy to each agency which will review projects in the area. 15170. Joint EIR-E15 The County under CEQA may work with a federal agency to prepare a joint document which will meet the requirements of both CEQA and NEPA. Use of such a joint document is described in Article 14, beginning with Section 15220. 81 Article 12. Special 5ituationo 15160. Redevelopment Projecto (a) All public and private activities or undertakings pursuant to or in furtherance of a redevelopment plan constitute a single project,which shall be deemed approved at the time of adoption of the redevelopment plan by the leglslative body.The EIR in connection with the redevelopment plan shall be,submitted in accordance with Section 33352 of the Health and 5afety Code. (b) An EIR on a redevelopment plan shall be treated as in program EIR with no subsequent EIRs required for Individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by 5ection 15162 or 15163. 151£31. Housing and Neighborhood Commercial Facilities in Urbanized Areao (a) The County may approve a project involving the construction of housing or neighborhood commercial facilities in an urbanized area with the use of an EIR or Negative Declaration previously prepared for a specific plan, local coastal program,or port master plan if the Lead Agency complies with the requirements of this section. (b) The procedures for complying with this section are as follows: (1) The County Community Development Department shall conduct an initial 5tudy to determine whether the project may have one or more significant effects on the environment. (2) The County Community Development Department shall give notice of its proposed use of a previously prepared EIR to all persons who had submitted a written request for notice and shall also give notice by either. (A) Posting notice on and off the site in the area where the project would be located,or (13) Mailing notice directly to owners of property contiguous to the project site. (3) The County Community Development Department shall make the following findings with regard to planning and the previously prepared EIR. (A) That the project is consistent with either. 1. A specific plan which was adopted for the area pursuant to Article 5 (commencing with 5ection 65450), Article S (commencing with Section 65500), and Article 10 (commencing with 5ection 65550) of Chapter 3 of Title 7 of the Government Code,or 2. A local coastal program or port master plan certified pursuant to Article 2 (commencing with 5ection 30510) of Chapter 6 of Division 20 of the Public Resources Code. 82 (13) That the specific plan, local coastal program, or port master plan was adopted not more than five years prior to the finding made pursuant to this subsection and that the,method of adoption was the procedure specified by Article 9 (commencing with Section 65500) of Chapter 3 of Title 7 of the Government Code for adopting specific plans and regulations. (C) That the specific plan or local coastal program or port master plan was the subject of a certified Environmental Impact Report. (D) That the Environmental Impact Report is sufficiently detailed so that all the significant effects of the project on the environment and measures necessary to mitigate or avoid any such effects can be determined.This examination of the previously prepared EIR shall include a further, specific finding as to: 1. Whether there would be any significant physical effects on existing structures and neighborhoods of historical or aesthetic significance if any exist in the area covered by the plan or program,and 2. Whether measures necessary to mitigate or avoid such effects are included in the EIR. (E) That a subsequent EIR le not required pursuant to Public Resources Code Section 21166 and Guidelines Section 15162. (4) The County Community Development Department shall make one or more findings as required by Section 15091 with regard to mitigating or avoiding each significant effect that the project would have on the environment. (5) The County Community Development Department shall file a Notice of Determination with the county clerk if the Lead Agency approves the project. (c) As used in this section, "neighborhood commercial facilities" means those commercial facilities which are an integral part of a project involving the construction of housing and which will serve the residents of such housing. (d) As used in this section,"urbanized area" means only those areas mapped and designated as urbanized by the U.S. Bureau of the Census. 15182. Residential Projecto Pursuant to a Specific Plan (a) Exemption. Where a public agency has prepared an EIR on a specific plan after January 1, 1960, no EIR or negative declaration need be prepared for a residential project undertaken pursuant to and in conformity to that specific plan if the project meets the requirements of this section. (b) Scope. Residential projects covered by this section include but are not limited to land subdivisions, zoning changes,and residential planned unit developments. (c) Limitation. This section is subject to the limitation that if after the adoption of the specific plan, an event described in Section 15162 should occur, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the County has filed a Notice of Determination on the specific plan ae reconsidered by the subsequent EIR or supplement to the EIR. 83 n 7 (d) Alternative.This section provides an alternative.to the procedure described in Section 15181. (e) pees.The County has authority to charge fees to applicants for projects which benefit from this section. The face shall be calculated in the aggregate to defray but not to exceed the cost of developing and adopting the specific plan Including the cost of preparing the.EIK. (f) Statute of Limitations. A court action challenging the approval of a project under this section for failure to prepare a supplemental EIK shall be commenced within 50 days after the Lead Agency's decision to carry out or approve the project In accordance with the specific plan. 15183 Projects Con5iotent with a Community flan or Zoning (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIK was certificd shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlinae the review of such projects and reduces the need to prepare repetitive environmental studies, (b) In approving a project meeting the requirements of thio section, the County shall limit its examination of environmental effects to those which the agency determines,in an initial study or other analysis: (1) Ara peculiar to the project or the parcel on which the project would be located, (2) Were analyzed as significant effects in a prior EIK on the zoning action, general plan, or community plan, with which the project is consistent, (S) Are potentially significant off-site impacts and cumulative impacts which were, not discussed in the prior EIK prepared for the general plan,community plan or zoning action,or (4) Ara previously identified significant effects which,as a result of substantial new information which was not known at the time the EIK was certified, are determined to have a more severe adverse impact than discussed in the prior EIK. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIK, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIK need not be prepared for the project solely on the basis of that impact, (d) This section shall apply only to projects which meet the following conditions: (1) The project is consistent with: (A) A community plan adopted as part of a general plan. (13) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development,or (C) A general plan of a local agency,and (2) An EIK was certified by the lead agency for the zoning action,the community plan,or the general plan. 84 . (e) This section shall limit the analysis of only those significant environmental effects for which: (1) Each public agency with authority to mitigate any of the significant effects on the environment Identified in the planning or zoning action undertakes or requires others to undertake mitigation measures specified In the EIR which the lead agency found to be feasible,and (2) The lead agency makes a finding at a public hearing as to whether the feasible mitigation measures will be undertaken. (f) An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the city or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new Information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire city or county, but can apply only within the zoning district in which the project is located,or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan, but can be found within another pertinent planning document such as a zoning ordinance.Where a city or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decislonmaking body of the city or county, prior to approving such a future project pursuant to this section, may hold a public hearing for the purpose of considering whether,as applied to the project,such standards or policies would substantially mitigate the effects of the project. Ouch a public hearing need only be held if the city or county d ecides to apply the standards or policies as permitted in this section. (g) Examples of uniformly applied development policies or standards include,but are not limited to: (1) Parking ordinances. (2) Public access requirements. (3) Grading ordinances. (4) Hillside development ordinances. (5) Flood plain ordinances. (6) Habitat protection or conservation ordinances. (7) View protection ordinances. (h) An environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it. (1) Where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan that meets the requirement& of this section, any rezoning action consistent with the general plan or community plan shall be treated as a project subject to this section. 85 r (1) "Community plan" is defined as a part of the general plan of a city or county which applies to a defined geographic portion of the total area included in the general plan, includes or references each of the mandatory elements specified In Section 65302 of the Government Code, and contains specific development policies and implementation measures which will apply those policies to each involved parcel. (2) For purposes of this section,"consistent"means that the density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIK has been certified, and that the project compiles with the denelty-related standards contained in that plan or zoning. Where the zoning ordinance refers to the general plan or community plan for Its density standard,the project shall be consistent with the applicable plan. (j) This section does not affect any requirement to analyze potentially significant offsite or cumulative Impacts If those Impacts were not adequately discussed in the prior EIK. If a significant offsite or cumulative impact was adequately discussed in the prior EIK,then this section may be used as a basis for excluding further analysis of that offsite or cumulative impact. 15184. State Mandated Local Projects Whenever a state agency issues an order which requires a local agency to carry out a project subject to CEQA,the following rules apply. (a) If an EIK is prepared for the project, the local agency shall limit the EIK to considering those factors and alternatives which will not conflict with the order. (b) If a local agency undertakes a project to implement a rule or regulation imposed by a certified state environmental regulatory program listed in Section 15251, the project shall be exempt from CEQA with regard to the significant effects analyzed in the document prepared by the state agency as a substitute for an EIK. The local agency shall comply with CEQA with regard to any site-specific effect of the project which was not analyzed by the certified state agency as a significant effect on the environment.The local agency need not re- examine.the general environmental effects of the state rule or regulation. 15185. Administrative Appeals (a) Where an agency allows administrative appeals upon the adequacy of an environmental document, an appeal shall be handled according to the procedures of that agency. Public notice shall be handled in accordance with individual agency requirements and Section 15202(c). (b) The declelon-making body to which an appeal has been made shall consider the environmental document and make findings under Sections 15091 and 15053 if appropriate. 15186. School Facilitico (a) CEQA establlshes a special requirement for certain school projects,ae well ae certain projects near schools,to ensure that potential health impacts resulting from exposure to hazardous materials, wastes, and substances will be carefully examined and disclosed in a negative declaration or EIR, and that the County will consult with other agencies in this regard. $G (b) When a project located within one-fourth mile of a school Involves the construction or alteration of a facility which might reasonably be anticipated to emit hazardous or acutely hazardous air emissions, or which would handle acutely hazardous material or a mixture containing acutely hazardous material in a quantity equal to or greater than that specified In subdivision (a) of Section 25536 of the Health and Safety Code, which may Impose a health or safety hazard to persons who would attend or would be,employed at the school,the County must: (1) Consult with the affected school district or districts regarding the potential Impact of the project on the school when circulating the proposed negative declaration or draft EIK for review. (2) Notify the affected school district of the project, in writing, not less than 30 days prior to approval or certification of the negative declaration or EIK. This subdivision does not apply to projects for which an application was submitted prior to January 1.1992, (c) When the project involves the purchase of a school site or the construction of a secondary or elementary school,the negative declaration or EIR prepared for the project shall not be,approved or certified by the school board unless: (1) The negative declaration or EIK contains sufficient information to determine whether the property is: (A) The site of a current or former hazardous waste or solid waste disposal facility and, If so, whether wastes have been removed. (13) A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Section 25356 of the Health and Safety Coda for removal or remedial action pursuant to Chapter 6.6 (commencing with Section 25300) of Division 20 of the Health and Safety Code. (C) The site of one or more buried or above ground pipelines which carry hazardous substances, acutely hazardous materials, or hazardous wastes,as defined in Division 20 of the Health and Safety Code. This does not include a natural gas pipeline used only to supply the school or neighborhood. (2) The County has notified in writing and consulted with the city administering agency (as designated pursuant to Section 25502 of the Health and Safety Code) and with any air pollution control district or air duality management district having jurisdiction, to identify facilities within one-fourth mile of the proposed school site which might reasonably be anticipated to emit hazardous emissions or handle, hazardous or acutely hazardous material, substances, or waste. The notice shall include a list of the school sites for which information is sought. Each agency or district receiving notice shall provide the requested information and provide a written response to the lead agency within 30 days of receiving the notification. If any such agency or district fails to respond within that time, the negative declaration or E1R shall be conclusively presumed to comply with this eection as to the. area of responsibility of that agenoy. (3) The school board makes,on the basis of substantial evidence,one of the following written findings: (A) Consultation identified none of the,facilities specified in paragraph(2). (13) The facilltice specified in paragraph(2)exist,but one of the following conditions applias: 87 w� 1. The health risks from the facilities do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the, proposed school. 2. Corrective measures required under an existing order by another agency having Jurisdiction over the facilities will, before the school is occupied, mitigate all chronic or accidental hazardous air emissions to levels that do not constitute any actual or potential public health danger to persons who would attend or be employed at the proposed school.When the school district board makes such a finding, it shall also make a subsequent finding, prior to occupancy of the school, that the emissions have been so mitigated. This finding shall be, in addition to any findings which may be required pursuant to 5eotions 15074,15091 or 15093. (d) When the County has carried out the, consultation required by paragraph (2) of subdivision (b), the negative declaration or EIR shall be conclusively presumed to comply with this section, notwithstanding any failure of the consultation to Identify an existing facility. (e) The following definitions shall apply for the purposes of this section: (1) "Acutely hazardous material,"is as defined in 22 C.C.R.i9 66260.10. (2) "Adminlstering agency,"is as defined in Section 25501 of the Health and Safety Code. (3) "Hazardous air emissions."is as defined in subdivisions (a)to(f), inclusive, of Section 44321 of the Health and Safety Code. (4) "Hazardous substance," is as defined in Section 25316 of the Health and Safety Code. (5) "Hazardous waste,"is as defined in Section 25117 of the Health and Safety Code. (6) "Hazardous waste d ispoeal site,"is as defined in Section 25114 of the Health and Safety Code. 15187. Environmental Review of New Rules and Regulations (a) At the time of the adoption of a rule or regulation requiring the installation of pollution control equipment, eetabilehing a performance standard, or establishing a treatment requirement, the California Air Resources board, Department of Toxic 5ubstanccs Control, Integrated Waste Management Board, State Water Resources Control Board,all regional water quality control boards,and all air pollution control districts and air quality management districts, as defined in Section 39025 of the Health and Safety Code, must perform an environmental analysis of the reasonably foresecable methods by which compliance with that rule or regulation will be,achieved. (b) If an EIR is prepared by the agency at the time of adoption of a rule or regulation, it satisfies the requirements of this section provided that the document contains the information specified in subdivision (c) below. Similarly, for those State agencies whose regulatory programs have been certified by the Resources Agency pursuant to Section 21080.5 of the Public Resources Code,an environmental document prepared pursuant to such programs satisfies the requirements of this section, provided that the document contains the information specified in subdivision (c) below. 88 (c) The environmental analysis shall include at least the following: (1) An analysis of reasonably foreseeable environmental impacts of the methods of compliance; (2) An analysis of reasonably foreseeable feasible mitigation measures relating to those impacts;and (3) An analysis of reasonably foreseeable alternative means of compliance with the rule or regulation, which would avoid or eliminate the Identified Impacts. (d) The environmental analysis shall take into account a reasonable range of environmental, economic, and technical factors,population and geographic areas,and specific sites.The agency may utilize numerical ranges and averages where specific data is not avallable, but is not required to,nor should It,engage in speculation or conjecture. (e) Nothing in this section shall require the agency to conduct a project level analysis. (f) Nothing in this section Is intended, or may be used, to delay the adoption of any rule or regulation for which this section requires an environmental analysis. 15188. Focuoed FIP.for Pollution Control Equipment This section applies to projects consisting solely of the installation of pollution control equipment and other components necessary to the installation of that equipment which are undertaken for the purpose of complying with a rule or regulation which was the subject of an environmental analysis as described in Section 15167. (a) The County Community Development Department for the compliance project may prepare a focused EIR to analyze the effects of that project when the following occur. (1) the agency which promulgated the rule or regulation certified an EIR on that rule or regulation,or reviewed it pursuant to an environmental analysis prepared under a certified regulatory program and,in either case, the review included an assessment of growth inducing impacts and cumulative impacts of, and alternatives to,the project; (2) the focused EIR for the compliance project is certified within five years of the certified EIR or environmental analysis required by subdivision(a)(1);and (3) the EIR prepared in connection with the adoption of the rule or regulation need not be updated through the preparation of a subsequent EIR or supplemental EIR pursuant to section 15162 or section 15163. (b) The discussion of significant environmental effects in the focused EIR shall be limited to project-specific, potentially significant effects which were not discussed in the environmental analysis required under 5ection 15167. No discussion of growth-inducing or cumulative impacts is required. Discussion of alternatives shall be limited to alternative means of compliance, if any,with the rule or regulation. 89 U�n 15189. Compliance with Performance Standard or Treatment Requirement Mule or Regulation This section applies to projects consisting solely of compliance with a performance standard or treatment requirement which was the subject of an environmental analysis as described in Section 15187. (a) If preparing a negative declaration,mitigated negative declaration or EIR on the compliance project the County for the compliance project shall, to the greatest extent feasible, use the environmental analysis prepared pursuant to Section 15187. The use of numerical averages or ranges in the environmental analysis prepared under 5ectlon 15187 does not relieve the lead agency on the compliance project from its obligation to identify and evaluate the environmental effects of the project. (b) Where the County determines that an EIR Is required for the compliance project,the EIR need address only the project-specific Issues or other issues that were not discussed In sufficient detail in the environmental analysis prepared under Section 15187.The mitigation measures imposed by the lead agency shall be limited to addressing the significant effects on the environment of the compliance project. The discussion of alternatives shall be limited to a discussion of alternative means of compliance,if any,with the rule or regulation. 15190. Deadlines for Compliance with Sections 15188 and 15189 (a) The County for a compliance project under either Section 15188 or Section 15189 shall determine whether an EIR or negative declaration should be,prepared within 30 days of Its determination that the application for the project Is complete. (b) Where the EAR will be, prepared under contract to the lead agency for the compliance project, the agency shall Issue a request for proposal for preparation of the EIR not later than 30 days after the deadline for response to the notice of preparation has expired.The contract shall be awarded within 30 days of the response date on the request for proposals. 90 Article 13. Keview and Evaluation of ElRo and Negative Peclarationo 15200. Purpooer, of Review The purposes of review of ElKo and Negative Declarations include. (a) Sharing expertise, (b) Disclosingagencyanalyses, (c) Checking for accuracy, (d) Detecting omissions, (e) Discovering public concerns,and (f) Soliciting counter proposals. 15201. Public Participation Public participation is an essential part of the CEQA process. Each public agency should include provisions in its CEQA procedures for wide public involvement, formal and informal, consistent with its existing activitles and procedures, in order to receive and evaluate public reactions to environmental issues related to the agcncy's activitles. Such procedures should include, whenever possible, making environmental information available in electronic format on the Internet,on a web slte maintained or utilized by the public agency. 15202. Public Hearings (a) CEQA does not require formal hearings at any stage of the environmental review process. Public comments may be restricted to written communication. (b) If an agency provides a public hearing on its decision to carry out or approve a project, the agency should include environmental review as one of the subjects for the hearing. (c) A public hearing on the environmental impact of a project should usually be held when the County Community Development Department determines it would facilitate the purposes and goals of CEQA to do so.The hearing may be held in conjunction with and as a part of normal planning activities. (d) A draft EIK or Negative Declaration should be used as a basis for discussion at a public hearing. The hearing may be held at a place where public hearings are regularly conducted by the County or at another location expected to be convenient to the public. 91 c'4� (e) Notice of all public hearings shall be.given in a timely manner. This notice may be given In the same form and time as notice for other regularly conducted public hearings of the public agency.To the extent that the public agency maintains an Internet web site, notice, of all public hearings should be made available in electronic format on that sltc. (f) The County Community Development Department may include, in its implementing procedures, procedures for the conducting of public hearings pursuant to this section. The procedures may adopt existing notice and hearing requirements of the public agency for regularly conducted legislative,planning,and other activities. (g) There is no requirement for the County to conduct a public hearing in connection with its review of an EIR prepared by another public agency. 15203. Adequate. Time for Review and Comment The County Community Development Department shall provide adequate time for other public agencles and members of the public to review and comment on a draft EIR or Negative Declaration that it has prepared. (a) Public agencies may establish time periods for review in their implementing procedures and shall notify the public and reviewing agencies of the time for receipt of comments on EIRs. These time periods shall be consistent with applicable statutes,the State CEQA Guidelines,and applicable Clearinghouse review periods. (b) A review period for an EIR does not require a halt in other planning or evaluation activities related to a project. Planning should continue In conjunction with environmental evaluation. 15204. Focus of Review (a) In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects.At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts,and the geographic scope of the project. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentors. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers,as long as a good faith effort at full disclosure is made in the EIR. (b) In reviewing negative declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies-believe that the project may have a significant effect,they should: (1) Identify the specific effect, (C) Explain why they believe the effect would occur,and (3) Explain why they believe the effect would be significant. 92 (c) Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts In support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence, (d) Reviewing agencies or organizations should include with their comments the name of a contact person who would be available for later consultation if necessary. Each responsible agency and trustee agency shall focus Its comments on environmental information germane to that agency's statutory responsibility. (e) This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section. (f) Prior ,to the close of the public review period for an EIR or mitigated negative declaration, a responsible or trustee agency which has identified significant effects on the environment may submit to the lead agency proposed mitigation measures which would address those significant effects. Any such measures shall be limited to Impacts affecting those resources which are subject to the statutory authority of that agency. If mitigation measures are submitted,the responsible or trustee agency shall either submit to the lead agency complete and detailed performance objectives for the mitigation measures, or shall refer the lead agency to appropriate,readily available guidelines or reference documents which meet the same purpose. 15205, Review * Mate Aecncice (a) Draft EIRs and negative declarations to be reviewed by state agencies shall be submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. When submitting such documents to the State Clearinghouse, the County shall include, in addition to the printed copy, a copy of the document in electronic form on a diskette or by electronic mail transmission,if available. (b) The following environmental documents shall be submitted to the State Clearinghouse for review by state agencies: (1) Draft E1R9 and Negative Declarations prepared by a state agency where such agency is a Lead Agency. (2) Draft EIRs and Negative Declarations prepared by a public agency where a state agency is a Responsible Agency,Trustee Agency,or otherwise has jurisdiction by law with respect to the project. (3) Draft EIRs and Negative Declarations on projects identified in Section 15206 as being of statewide, regional,or areawide significance. (4) Draft El5o,environmental assessments,and findings of no significant impact prepared pursuant to NEPA, the Federal Guidelines(Title 40 CFR,Part 1500, commencing with Section 1500.1). (c) Public agencies may send environmental documents to the State Clearinghouse for review where a state agency has special expertise with regard to the environmental impacts involved. The areas of statutory authorities of state agencies are identified in Appendix 13. Any such environmental documents submitted to the State Clearinghouse shall include, in addition to the printed copy, a copy of the document in electronic format,on a diskette or by electronic mail transmission,if available. (d) When an EIR or Negative Declaration is submitted to the State Clearinghouse for review, the review period set by the County shall be at least as long as the period provided in the state review system operated by the 93 'Oe State Clearinghouse.In the state review system,the normal review period €e 45 days for ElKs and 50 days for Negative € sc€arations. In exceptional circumstances,the State Clearinghouse may set shorter review periods when requested by the County. (e) The number of copies of an EIK or Negative Declaration submitted to the State Clearinghouse,shall not be less than tan unless the State Clearinghouse approves in lower number in advance. (f) While, the, lead Agency is encouraged to contact the, regional and district offices of state Responelbla Agancles.the Lead Agency must,in all caws,submit documents to the Mate Clearinghouse,for elletribution in order to comply with the review requirements of thle section. 15206. Projectro of Statewide, Regional, or Areawide Significance (a) Projects meeting the criteria In thls section shall be, deemed to be of statewide, regional, or areawide significance. (1) A draft EIK or negative declaration prepared by the County on a project described in this section shall be submitted to the State Clearinghouse and should be,submitted also to the appropriate metropolitan area council of governments for review and comment, (2) When such documents are submitted to the, State Clearinghouse, the County shall include, in addition to the printed copy, a copy of the document in electronic format on a diskette or by electronic mail transmission,if available. (b) The County shall determine that a proposed project is of statewide, regional, or areawlde significance If the project masts any of the following criteria: (1) A proposed local general plan,element, or amendment thereof for which an EIK was prepared. If a Negative Declaration was prepared for the plan, element, or amendment, the document need not be, submitted for review. (2) A project has the potential for causing significant effects on the environment extending beyond the County in which the project would be located. Exampies of the effects include generating significant amounts of traffic or interfering with the. attainment or maintenance of state or national air quality standards.Projects subject to thle subsection include: (A) A proposed residential development of more than 500 dwelling units. (13) A propoeed 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. (0) A proposed hotellmotei development of more than 500 rooms. (E) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square,feet of floor area. 94 u y. (3) A projectwhich would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965(Williamson Art)for any parcel of 100 or more,acres. (4) A project for which an EIR and not in Nagative Declaration was prepared which would be, located in the following areas of critical environmental sensitivity. (A) The Lake Tahoe Basin. (13) The Santa Monica Mountains Zone as defined by Section 67463 of the Government Code. (C) The California Coastal Zone as defined In, and mapped pursuant to. Section 30103 of the Public Resources Code. (D) An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public ROeourC&O Code. (E) The 5acramento-5an Joaquin Delta,as defined in Water Code Section 12220. (F) The Suisun Marsh me defined in Public Resources Code Section 29101. (G) The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610. (5) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian lands, wetlands, bays,estuaries, marshes, and habitats for endangered, rare and threatened speciee as defined by Section 15380 of this Chapter, (6) A project which would interfere with attainment of regional water duality standards as stated in the approved areawide waste treatment management plan. (7) A project which would provide houeing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. 152017. Failure to Comment If any public agency or person who is consulted with regard to an EIR or Negative Declaration fails to comment within a reasonable time as specified by the,County, it ehall be aesumed,without a request for a specific extension of time, that such agency or person has no comment to make. Although the County need not respond to late comments,the County may choose to respond to them. 15208. Retention and Availability of Comments Comments received through the consultation proceee shall be retained for a reasonable period and available for public inspection at an address given in the final EIR Comments which may be received on a draft EIR or Negative Declaration under preparation ehall also be,considered and kept on file. 95 15205. Commento on Initiative of Public Agencieo Every public agency may comment on environmental documents dealing with projects which affect resources with which the agency has special expertise regardless of whether Its comments were solicited or whether the effects fall within the legal jurisdiction of the agency. 96 1' Hwy Article 14. Projecto Aloo Subject to the National Environmental Policy Act (NEPA) 15220. General This article applies to projects that are subject to both CEQA and NEPA. NEPA applies to projects which are carried out,financed,or approved in whole or In part by federal agencies.Accordingly,this article applies to projects which Involve one or more state or local agencies and one or more federal agencies. 15221, NEVA Document Keady L3efore CEQA Document (a) When a project will require compliance with both CEQA and NEPA,state or local agencies should use the E15 or Finding of No Significant Impact rather than preparing an EIK or Negative Declaration if the following two conditions occur. (1) An EIS or Finding of No significant Impact will be prepared before an EIK or Negative Declaration would otherwise be completed for the project,and (2) The Els or Finding of No Significant impact complies with the provisions of these Guidelines. (b) Because NEPA does not require separate dlscussion of mitigation measures or growth inducing impacts,these points of analysls will need to be.added.supplemented,or identified before the EIS can be used as an EIK. 15222. Preparation of Joint Documento If the County finds that an EIS or Finding of No Significant Impact for a project would not be prepared by the federal agency by the time when the County will need to consider an EIK or Negative Declaration, the Lead Agency should try to prepare a combined EIK-EIS or Negative Declaration-Finding of No Significant impact. To avoid the need for the federal agency to prepare a separate document for the same project, the County must involve the federal agency in the preparation of the joint document. This involvement is necessary because federal law generally prohibits a federal agency from using an EIP prepared by a state agency unless the federal agency was involved in the preparation of the document. 15223. Consultation With Federal Aecticico When it plans to use an E15 or Finding of No Significant Impact or to prepare ouch a document jointly with a federal agency.the County shall consult as soon as possible with the federal agency. 97 15224. 7nme Limits Where a project will be subject to both CEQA and the National Environmental Policy Act,the one year time limit and the 1175-day time limit may be waived pursuant to Section 151103. 15225. Circulation of Documento (a) Where the federal agency circulated the EIS or Finding of No Significant Impact for public review as broadly as state or local law may require and gave notice meeting the standards in 5eotion 15£372(x) or 15067(x),the County under CEQA may use the federal document in the place of an EIR or Negative Declaration without recirculating the federal document for public review. One review and comment period its enough. Prior to using the federal document in this situation,the County shall give notice that it will use the federal document in the place of an EIR or Negative Declaration and that It beBeves that the federal document meets the requirements of CEQA.The notice shall be given in the same manner as a notice of the public availability of a draft EIR under 5ectlon 15057. (b) If an E15 has been prepared and filed pursuant to NEPA on the closure and reuse of a military base and the County decides that the EIS docs not fully meet the requirements of CEQA or has not been circulated for public review as state and local law may require,the lead Agency reeponslb€e for preparation of an EIR for a reuse plan for the same base may proceed in the following manner. (1) Prepare and circulate a notice of preparation pursuant to Section 15052. The notice shall include a description of the reuse plan,a copy of the EIS,an address to which to send comments,and the deadline for submitting comments.The notice shall state that the County Intends to utilize the E15 as a draft EIR and requests comments on whether the E15 provides adequate information to serve as a draft EIR and what specific additional information,if any,is necessary. (2) Upon the close of the comment period, the County may proceed with preparation and circulation for comment of the draft EIR for the reuse plan. To the greatest extent feasible, the County shall avoid duplication and utilize the E15 or information in the E15 as all or part of the draft EIR. The EIR.shall fie completed In compliance with the provisions of CEQA. 15226. Joint Activitie6 State and local agencies should cooperate with federal agencies to the fullest extent possible to reduce duplication between the California Environmental Quality Act and the National Environmental Policy Act. Such cooperation should,to the fullest extent possible,include: (a) Joint planning processes, (b) Joint environmental research and studies, (c) Joint public hearings, (d) Joint environmental documents. 98 15227. State Commento on a Federal Project When a state agency officially comments on a proposed federal project which may have a significant effect on the environment,the comments shall include or reference a discussion of the material specified in 5ectlon 15126. An EIS on the federal project may be referenced to meet the requirements of this section. 15228. Where Federal Agency Will Not Cooperate Where a federal agency will not cooperate In the preparation of joint document and will require separate NEPA compliance for the project at a later time, the County should perelet in efforts to cooperate with the federal agency.Because NEPA expressly allows federal agencies to use environmental documents prepared by an agency of statewide jurisdiction, a local agency should try to involve a state agency in helping prepare an EIR or Negative Declaration for the project. In this way there will be a greater chance that the federal agency may later use the CEQA document and not require the applicant to pay for preparation of a second document to meet NEPA requirements at a later time. 15229. Baecline Analy6i5 for Military bane Keuoe Plan EIRo When preparing and certifying an EIR for a plan for the reuse of a military base, including when utilizing an Environmental Impact Statement pursuant to Section 21063.5 of the Public Resources Code, in addition to the procedure authorized pursuant to subdivision (b) of Section 210783.8 of the Public Resources Code, the determination of whether the reuse plan may have a significant effect on the environment may,at the discretion of the County, be based upon the physical conditions which were present at the time that the federal decision for the closure or realignment of the base or reservation became final. These conditions shall be referred to as the "baseline physical conditions," Impacts which do not exceed the baseline physical conditions shall not be considered significant. (a) Prior to circulating a draft EIR pursuant to the provisions of this Section, the County shall do all of the following,In order. (1) Prepare proposed baseline physical conditions, identify pertinent responsible and trustee agencies and consult with those agencies prior to the public hearing required by subdivision (a)(2) as to the application of their regulatory authority and permitting standards to the proposed baseline physical conditions,the proposed reuse plan, and specific, planned future nonmilitary land uses of the base or reservation. The affected agencies shall have not less than 30 days prior to the public hearing to review the proposed baseline physical conditions and the proposed reuse pian and to submit their comments to the lead agency. (2) Hold a public hearing at which is discussed the federal E15 prepared for, or being prepared for,the closure or realignment of the military base or reservation. The discussion shall include the significant effects on the environment, if any, examined in the EIS, potential methods of mitigating those effects, including feasible alternatives, and the mitigative effects of federal, state, and local laws applicable to future nonmilitary activities. Prior to the close of the hearing,the County shall specify whether it will adopt any of the baseline physical conditions for the reuse plan EIR and identify those conditions. The County shall specify particular baseline physical conditions, if any,which it will examine in greater detail than they were examined in the EIS. Notice of the hearing shall be given pursuant to Section 15087. The hearing may be continued from time to time. (3) Prior to the close of the hearing,the County shall do all of the following: 99 y. •61 !r r� (A) Specify the baseline physical conditions which it intends to adopt for the reuse plan EIR,and specify particular physical conditions, if any,which It will examine in greater detail than were examined in the E15. (13) State specifically how It intends to integrate its discussion of the baselinc physical conditions in the EIR with the reuse planning process,taking into account the adopted environmental standards of the community,including but not limited to,the adopted general plan,specific plan or redevelopment plan, and Including other applicable provisions of adopted congestion management plans, habitat conservation or natural communities conservation plans, air quality management plans, integrated waste management pians,and county hazardous waste management plans. (C) State the specific economic or soclal reasons, including but not limited to, new job creation, opportunities for employment of skilled workers, availability of low and moderate-income housing, and economic continuity which support selection of the baseline physical conditions. (b) An EIR prepared under this section should identify any adopted baseline physical conditions in the environmental setting section. The baseline physical conditions should be cited in discussions of effects. The no-project alternative analyzed in an EIR prepared under this section shall discuss the conditions on the base as they exist at the time of preparation, as well as what could be reasonably expected to occur in the foreseeable future if the reuse plan were not approved, based on current pians and consistent with available Infrastructure and services. (c) All public and private activities taken pursuant to or in furtherance of a reuse plan for which an EIR was prepared and certified pursuant to this section shall be deemed to be a single project, A subsequent or supplemental EIR shall be required only if the lead agency determines that any of the,circumstances described In Section 15162 or 15163 exist. (d) Limitations: (1) Nothing In this section shall in any way limit the scope of review or determination of significance of the presence of hazardous or toxic wastes, substances, and materials, including but not limited to, contaminated soils and groundwater. The regulation of hazardous or toxic wastes, substances, and materials shall not be constrained by this section. (2) This section does not apply to hazardous waste regulation and remediation projects undertaken pursuant to Chapter 6.5 (commencing with Section 25100) or Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code or pursuant to the Portcr-Cologne Water Quality Control Act (Water Code Section 13000,et seq.) (3) All subsequent development at the military basc or reservation shall be subjcct to all applicable federal, state, or local laws, including but not limited to, those relating to air quality, water quality, traffic, threatened and endangered species,noise,and hazardous or toxic wastes,substances,or materials. (e) "Reuse plan" means the initial plan for the reuse of military basc adopted by a local government, Including a redevelopment agency or joint powers authority, in the form of a general plan,general plan amendment, specific plan, redevelopment plan, or other planning document. For purposce of this section, a reuse plan also shall include a statement of development policies, a diagram or diagrams illustrating its provisions, including a designation of the proposed general distribution, location, and development intcnsity for housing, business, industry, open space, recreation, natural resourccs, public buildings and grounds, roads, and other transportation facilitics,infrastructure,and other catcgorics of proposcd uses,whether public or private, 100 (f) This section may be applied to any reuse plan EIR for which a notice of preparation is issued within one year from the date that the federal record of decision was rendered for the military base or reservation closure or realignment and reuse, or prior to January 1, 1997, whichever Is later, but only if the EIR is completed and cartifled within five yearns from the date that the federal record of decision was rendered. 101 Artide 15. Litioation 15230. Time Limits and Criteria Litigation under CEQA must be,handled under the time limits and criteria described in Sections 21167 et seq.of the Public Resources Code and Section 15112 of these Guidelines In addition to provisions in this article. 15231. Adequacy of ElK or Negative Declaration for Use By Responsible Agencies A final EIR prepared by the County or a Negative Declaration adopted by the County shall be conclusively presumed to comply with CEQA for purposes of use by Responsible Agencies which were consulted pursuant to sections 15072 or 15082 unless one of the following conditions occurs: (a) The EIR or Negative Declaration is finally adjudged in a legal proceeding not to comply with the requirements of CEQA,or (b) A subsequent EIR is made necessary by Section 15162 of these Guidelines. 15232. Request for Hearing In a writ of mandate proceeding challenging approval of a project under CEQA, the petitioner shall,within 90 days of filing the petition, request a hearing or otherwise be subject to dismissal on the court's own motion or on the motion of any party to the suit. 15233. Conditional permits If a lawsuit is filed challenging an EIR or Negative Declaration for noncompliance with CEQA, Responsible Agencies shall act as if the EIR or Negative Declaration complies with CEQA and continue to process the application for the project according to the time limits for Responsible Agency action contained in Government Code Section 65952. (a) if an injunction or a stay has been granted in the lawsuit prohibiting the project from being carried out, the Responsible Agency shall have authority only to disapprove the project or to grant a conditional approval of the project. A conditional approval shall constitute permission to proceed with a project only when the court action results in a final determination that the EIR or Negative Declaration does comply with the provisions of CEQA(Public Resources Code Section 21167.3(x)). (b) If no injunction or stay is granted in the lawsuit,the Responsible Agency shall assume that the EIR or Negative Declaration fully meets the requirements of CEQA. The Responelbie Agency shall approve or disapprove the project within the time limits described in Article 5, commencing with Section 15100, of these Guidelines and described in Government Code Section 65952. An approval granted by a Responsible Agency in this situation 102 provides only permisslon to proceed with the project at the applicant's risk prior to a final decision in the lawsuit(Public Reesourceer Code Section 21167.3(b)). 103 Article 1 . Elly. Monitor 15240. EIR Monitor The Secretary for Reeourcee may provide for publication of a bulletin entitled "California E1R Monitor' on a subscription basls to provide public notice of amendments to the Guidelines, the completion of draft E€Rs, and other mattere as deemed appropriate.lnquirice and subscription requests should be sent to the following address: Secretary for Resources Attention:Ulfornia E1R Monitor 1416 Ninth Street,Room 1311 Sacramento,California 95814 104 Article 17. Exemption for Certified State regulatory Programo 15250. General Section 21080.5 of the Public Resources Code provides that a regulatory program of a state agency shall be. certified by the Secretary for Rasourcee as being exempt from the requirements for preparing EIRs, Negative Declarations,and Initial Studies If the Secretary finds that the program meets the criteria contained in that code section.A cartified program remains subject to other provisions in CEQA such as the policy of avoiding significant adverse effects on the environment where feasible.This article provides Information concerning certified programs. 15251. List of Certified programa The following programs of state regulatory agencies have been certified by the Secretary for Resources as meeting the requirements of Section 21080.5: (a) The regulation of timber harvesting operations by the California Department of Forestry and the State Board of Forestry pursuant to Chapter 6, commencing with Section 4511 of Part 2 of Division 4 of the Public Resources Code. (b) The regulatory program of the Fish and Game Commission pursuant to the Fish and Game Code. (c) The regulatory program of the California Coastal Commission and the regional coastal commissions dealing with the consideration and granting of coastal development permits under the California Coastal Act of 1976, Division 20(commencing with Section 30000) of the Public Resources Code. (d) That portion of the regulatory program of the Air Resources Board which involves the adoption, approval, amendment, or repeal of standards, rules, reguiations, or plans to be used in the regulatory program for the protection and enhancement of ambient air duality in California. (e) The regulatory program of the State Board of Forestry in adopting,amending, or repealing standards, rules, regulations,or pians under the Tars-Nejedly Forest Practice Act,Chapter 6 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code. (f) The program of the California Coastal Commission involving the preparation,approval,and certification of local coastal programs as provided in Sections 30500 through 30522 of the Public Resources Code. (g) The Water Quality Control(13asin)/208 Planning Program of the State Water Resources Control board and the Regional Water Quality Control Boards. (h) The permit and planning programs of the San Francisco Bay Conservation and Development Commission under the McAteer-Petrie Act,Title 7.2(commencing with Section 66600) of the Government Code and the Suisun Marsh Preservation Act, Division 19(commencing with Section 25000) of the Public Resources Code. 105 (1) The pesticUe. regulatory program adminlstared by the Department of f=ood and Agriculture and the county agricultural commissioners insofar as the.program consists of (1) The raglstratlon,evaluation.and classification of pesticidal. (2) The adoption, amendment, or repeat of reguiations and standards for the licensing and regulation of pesticide dealers and past control operators and advisors. (3) The adoption,amendment,or repeal of regulations for standards dealing with the monitoring of pesticides and of the human health and environmental effects of peeticldes. (4) The regulation of the, use of pesticides in agricultural and urban areas of the state through the permit system administered by the county agricultural commissionary. (J) The regulations of weather resources management projects through the issuance of operating permits by the Stata Department of Water Resources pursuant to the California Weather Resources Management Act of 1978(Water Code 8ectlone 400 et secs.). (k) The power plant site certification program of the State Energy Resources Conservation and Development Commission under Chapter 6 of the Warran-Alquiet Act, commencing with Public Resources Coda Section 25500. (1) The regulatory program of the State Water Resouroce Control Board to establish inetream beneficial use protection programs. (m) That portion of the regulatory program of the South Coast Air Quality Management District which involves the adoption,amendment,and repeal of regulations pursuant to the provisions of the Health and Safety Code. (n) The Program of the Delta Protection Commission involving the preparation and adoptation of a Resources Management Plan for the Sacramento-ban Joaquin Delta (Pub. Resources Code 529760 ff.), and the Commission's review and action on general plan amendments proposed by local governments to make their plans conaletant with the provisions of the Commission's Resource Management flan (Pub. Resources Code 529763.5). (o) The program of the Department of Fish and Game for the adoption of regulations under the Fish and Game Coda. (p) The program of the,Department of Fish and Gama implementing the incidental take permit application process under the California Endangered Specks Act ("CESA"), Fish and Game Code sections 2080 and 2081, and specifically the regulation governing the Department of Fish and Game's role as a "lead agency"when Issuing incidental take,permits,found at California Code of Regulations.Title 14,section 783.5(41). 15252. substitute Document The document used as a substitute for an EIR or Negative Declaration in a certified program shall include at least the following Items: (a) A description of the proposed activity,and (b) Either. 106 (1) Alternatives to the activity and mitigation measures to avoid or reduce any significant or potentially significant effects that the project might have on the environment,or (2) A statement that the agency's review of the project showed that the project would not have any significant or potentially significant effects on the environment and therefore no alternatives or mitigation measures are proposed to avoid or reduce any significant effects on the environment. This statement shall be supported by a checklist or other documentation to show the possible effects that the agency examined In reaching this conclusion. 15255. Use of an EIR 5ubstltute by a Keopc►ncible Agency (a) An environmental analysis document prepared for a project under a certified program listed in Secti } (2) Any other agencies granting approvals for the project shall comply with CEQA In the normal manner. A permitting agency shall act as a Lead Agency and prepare an EIR or a Negative Declaration. Other, permitting agencies. If any, shall mot as Responsible Agencies and use the EIR or Negative Declaration prepared by the Lemd Agency. 108 'lY Article 18. Otatutory Exemptiono 15260. General This article deacribee the exemptions from CEQA granted by the Legislature. The exemptions take several forms. Some exemptions are complete exemptions from CEQA.Other exemptions apply to only part of the requirements of CEQA,and still other exemptions apply only to the timing of CEQA compliance. 15261. ongolne Project (a) If a project being carried out by the County was approved prior to November 23, 1970, the project shall be exempt from CEQA unless either of the following conditions exist: (1) A substantial portion of public funds allocated for the project have not been spent,and it is still feasible to modify the project to mitigate potentially adverse environmental effects, or to choose feasible alternatives to the project,Including the alternative of"no project'or halting the project, provided that a project subject to the National Environmental Policy Act (NEPA) shall be exempt from CEQA as an on- going project if, under regulations promulgated under NEPA, the project would be too far advanced as of January 1,19'70,to require preparation of an E15. (2) The County proposes to modify the project in ouch a way that the project might have a new significant effect on the environment. (b) A private project shall be exempt from CEQA if the project received approval of a lease, license, certificate, permit, or other entitlement for use from a public agency prior to April 5, 1973, subject to the following provisions: (1) CEQA does not prohibit a public agency from considering environmental factors In connection with the approval or disapproval of a project,or from imposing reasonable fees on the appropriate private person or entity for preparing an environmental report under authority other than CEQA. Local agencies may require environmental reports for projects covered by this paragraph pursuant to focal ordinances during this interim period. (2) Where a project was approved prior to December 5, 1972, and prior to that date the project was legally challenged for noncompliance with CEQA, the project shall be bound by special rules act forth in Section 21170 of CEQA. (3) Where a private project has been granted a discretionary governmental approval for part of the project before April 5, 1973, and another or additional discretionary governmental approvals after April 5, 1973, the project shall be.subject to CEQA only if the approval or approvals after April 5,1973, involve a greater degree of responsibility or control over the project as a whole than did the approval or approvals prior to that date. 109 15262. Feasibility and Planning 5tudice A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or Negative Declaration but does require consideration of environmental factors.This section does not apply to the adoption of a plan that will have a legally binding effect on later activities. 15263. Discharge Requirements The State Water resources Control 5oard and the regional boards are exempt from the requirement to prepare an Eir or a Negative Declaratlon prior to the adoption of waste discharge requirements, except requirements for new sources as defined in the Federal Water Pollution Control Act or in other acts which amend or supplement the Federal Water Pollution Control Act. The term "waste discharge requirements" as used in this section Is the equivalent of the term"permits"as used in the Federal Water Pollution Control Act. 15264. Timberland Presewco Local agencies are exempt from the requirement to prepare an EIR or Negative Declaration on the adoption of timberland preserve zones under Government Cade Sections 51100 at seq. (Gov.Code,Sec.51119). 15265. Adoption of Coastal Plans and Programs (a) CEQA does not apply to activities and approvals pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code) by. (1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program,or (2) Any state university or college, as defined in erection 30119, as necessary for the preparation and adoption of a long-range land use development plan. (b) CEQA shall apply to the certification of a local coastal program or long-range land use development pian by the California Coastal Commloolon. (c) This section shifts the burden of CEQA compliance from the local agency or the state university or college to the California Coastal Commission,The Coastal Commieeion`s program of certifying local coastal programs and long-range land use development plans has been certified under 5cction 2.1080.5, Public Resources Code, See: Section 15192. 15266. General Plan Time Extension CEQA shall not apply to the granting of an extension of time by the Office of Planning and Research to a city or county for the preparation and adoption of one or more elements of the County general plan. 110 15267. Financial Assistance to Low or Moderate Income Housing CEQA does not apply to actions taken by the Department of and Community Development to provide financial ass€stance for the development and construction of residential housing for persons and families of low or moderate income,as defined in Section 50093 of the Health and Safety Code.The,residential project which Is the.subject of the application for financial assistance will be subject to CEQA when approvals are granted by another agency. 15268. Ministerial Projects (a) Ministerial projects are exempt from the requirements of CEQA.The determination of what Is°minlsterlar'can most appropriately be made by the County involved based upon analysis of County laws, and such determination either as a part of Its implementing regulations or on a case-by-oase basis. (b) In the absence of any discretionary provision conta€ned In the local ordinance or other law establishing the requirements for the permit,license,or other entitlement for use,the following actions shall be presumed to be ministerial: (1) Issuance of building permits. (2) Issuance of business licenses. (3) Approval of final subdivision maps. (4) Approval of individual utility service connections and disconnections. (c) The County should,in Its implementing regulations or ordinances, provide an identification or itemization of its projects and actions which are deemed ministerial under the applicable laws and ordinances. (d) Where a project involves an approval that contains elements of both a ministerial action and a discretionary action,the project will be deemed to be discretionary and will be subject to the requirements of CEQA, 15269. Emergency Projects The following emergency projects are exempt from the requirements of CEQA. (a) Projects to maintain, repair, restore, demollsh, 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 the California Emergency Services Act, commencing with Section 85507 of the Government Code. This includes projects that will remove,destroy, or significantly alter an historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 50728(b)of Public Resources Code, (b) Emergency repairs to publicly or privately owned Service facilities necessary to maintain service essential to the public health,safety or welfare. iii (c) Specific actions necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence In the short-term. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project Is within the existing right of way of that highway and Is initiated within one year of the damage occurring.This exemption does not apply to highways d eslgnated as official state scenic highways, nor any project undertaken,carried out,or approved by a public agency to expand or widen a highway damaged by fire,flood,storm,earthquake,land subsidence,gradual earth movement,or landslide. (e) 5elsmic work on highways and bridges pursuant to Section 180.2 of the Streets and Highways Code, Section 180 et seq. 15270. Projects Which are Disapproved (a) CEQA does not apply to projects which the County rejects or disapproves. (b) This section is intended to allow an initial screening of projects on the merits for quick dleapprovale prior to the initiation of the CEQA process where the agency can determine that the project cannot be approved. (c) This section shall not relieve an applicant from paying the casts for an EIR or Negative, Declaration prepared for his project prior to the Lead Agency's disapproval of the project after normal evaluation and processing. 15271. Early Activities Related to Thermal Power Plants (a) CEQA does not apply to actions undertaken by a public agency relating to any thermal power plant site or facility including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or deslgn purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for such a thermal power plant, if the thermal power plant slte and related facility will be the subject of an EIR or Negative Declaration or other document or documents prepared pursuant to a regulatory program certified pursuant to Public Resources Code Section 21080.5,which will be prepared by. (1) The State Energy Resources Conservation and Development Commission, (2) The Public Utilities Commission.or (3) The,city or county in which the power plant and related facility would be.located. (b) The EIR, Negative Declaration, or other document prepared for the thermal power plant site or facility, shall Include the environmental impact,if any,of the early activities described in this section. (c) This section acts to delay the timing of CEQA compliance from the early activities of a utility to the time when a regulatory agency is requested to approve the thermal power plant and shifts the responsibility for preparing the document to the regulatory agency. 112 15272. Olympic Gamce CEQA does not apply to activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of. Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for such Olympic Games. If the facilities arc required by the International Olympic Committee,as a condition of being awarded the Olympic Games,the Lead Agency need not dlscuee the,"no project"alternative In an EIR with respect to those facilities. 15273. Ratce, Tolle, Farce, and Chanpq (a) CEQA does not apply to the establishment,modification,structuring,restructuring,or approval of rates,tolls. fares,or other charges by public agenc€es which the County finds are for the purpose.of. (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) purchasing or leasing supplies,equipment,or materials, (5) Meat€ng financial reserve needo and requirements, (4) Obtaining funds for capital projects,necessary to maintain service within existing service areas,or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. (b) Rate Increases to fund capital projects for the expansion of a system remain subject to CEQA. The agency granting the rate increase shall act either as the Lead Agency if no other agency has prepared environmental documents for the capital project or as a Responsible Agency if another agency has already compiled with CEQA as the Lead Agency. (c) The public agency shall incorporate written findings in the.record of any proceeding in which an exemption under this section is claimed setting forth with specificity the basis for the claim of exemption. 15274. Family Day Care. Home.i5 (a) CEQA does not apply to establishment or operation of a large family day care home, which provides in-home care for up to twelve children,as defined in Section 1550.75 of the Health and Safety Code. (b) Under the Health and Safety Code, local agencies cannot require use permits for the establishment or operation of a small family day care home, which provides €n-homc care for up to six children, and the establishment or operation of a small family day care home is a ministerial action which is not subject to CEQA, 113 �V l 15275. 5pecified Mass Transit Projects CEQA does not apply to the,following mass transit projects: (a) The Institution or Increase of passenger or commuter serviice on rail lines or high-occupancy vehicle lance already in use,including the modernization of existing stations and parking facilities, (b) Facility extenslons not to exceed four miles in length which are required for transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. 15276.Transportation Improvement and Congestion Management Programs (a) CEQA does not apply to the development or adoption of a regional transportation improvement program or the state transportation improvement program. Individual projects developed pursuant to these programs shall remain subject to CEQA. (b) CEQA does not apply to preparation and adoption of a congestion management program by a county congestion management agency pursuant to Government Code Section 65089,at seq. 15277. Projects Located Outside California CEQA does not apply to any project or portion thereof located outside of California which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1569 or pursuant to a law of that state requiring preparation of a document containing essentially the, same. points of analysts as in an Environmental Impact Statement prepared under the National Environmental Policy Act of 1969.Any emissions or discharges that would have a significant effect on the environment in the State of California are,subject to CEQA where,a California public agency has authority over the emissions or dlecharges. 15276. Application of Coatings (a) CEQA does not apply to a discretionary decision by an air quality management district for a project consisting of the application of coatings within an existing facility at an automotive manufacturing plant if the,district finds all of the following: (1) The project will not cause a net increase, in any emissions of any pollutant for which a national or state ambient air quality standard has been established after the internal emission accounting for previous emission reductions achieved at the facility and recognized by the district. (2) The project will not cause a net increase,in adverse impacts of toxic air contaminants as determined by a health risk assessment. The, term "net increase in adverse impacts of toxic air contaminants as determined by a health risk meocoamcnt"shall be determined in accordance with the rules and regulations of the district. (3) The project will not cause any other adverse effect on the,environment. 114 (b) The district shall provide a 10-4ay notice,at the time of the Issuance of the permit, of any such exemption. Notice shall be published in two newspapers of general circulation in the area of the project and shall be malled to any person who makes a written request for such a notice. The notice shall state that the, complete file on the project and the basis for the district's findings of exemption are available for Inspection and copying at the office of the district. (c) Any person may appeal the Issuance of a permit based on an exemption under subdivision (a) to the hearing board as provided In 5action 42302.1 of the Health and 5afety Code.The permit shall be revoked by the hearing board If there Is substantial evidence In light of the whole record before,the board that the project may not satisfy one or more of the criteria established pursuant to subd ivislon (a). If there is no such substantial evidence,the exemption shall be upheld, Any appeal under this subdivision shall be scheduled for hearing on the calendar of the hearing board within 10 working days of the appeal being filed.The. hearing board shall give the Appeal priority on its calendar and shall render a decision on the appeal within 21 working days of the appeal being filed.The,hearing board may delegate the authority to hear and decide such an appeal to a subcommittee of Its body, 15279. Houeing for Agricultural Employeeo (a) CEQA does not apply to any development project which consists of the construction, conversion, or use of residentlal housing for agricultural employees,me defined below,provlded the development is either. (1) Affordable to lower income households, as defined in Section 50079.5 of the Health and 5afaty Code, there Is no public financial assistance for the development project, and the developer provides sufficient legal commitments to the appropriate local agency to ensure,that the housing units will continue to be available to lower-Income households for a period of at least 15 years,or (2) Affordable to low and moderate-income households, as defined in paragraph (2) of subdivision (h) of 5action 65569.5 of the Government Code,at monthly housing costs determined pursuant to paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code,there is public financial assistance for the, project,and the developer provides sufficient iegal commitments to the appropriate local agency to ensure that the housing units will continue to be available to low and moderate-income households for a period of at least 15 years, (b) The development must also meet all the following criteria: (1) It is consistent with the.applicable city, county,or city and county general plan as it existed on the date the,project application was deemed complete. (2) it is consistent with the local zoning, as it existed on the date the project application was deemed complete, unless the zoning is inconsistent with the general plan because the city, county, or city and county has not rezoned the property to bring it into consistency with the general plan. (3) If the project is proposed in an urbanized area, it does not exceed 45 dwelling units, or if it consists of dormitories, barracks or other group living facilities houses not more than 45 agricultural employees, and Ito site Is adjacent on at least two sides to land that has been previously developed. (4) If the project is proposed in a nonurbanized area, its site Is zoned for general agricultural use and the project consists of not more than 20 dwelling units or, if it consisto of dormitories, barracks or other group living facilities,it houses not more than 20 agricultural employees. 115 (5) Its site Is not more than five,acres In area, except that a project located In an area with a population density of at!Cast 1000 persons per square mile shall not be more than two acres In area. (6) Its site is,or can be,adequately served by utilities. () Its site has no value as wildlife habitat. (6) Its site Is not Included on any list of hazardous waste or other facilities and sites compiled pursuant to Section 65962 of the Government Cade. (9) it will not Involve the demolition of, or any substantial adverse change In,any structure,that Is listed, or determined to be eligible for listing in the California Register of Historical Resources. (o) As used in this section,"residential housing for agricultural employees"means housing accommodations for an agricultural employee,as defined In subdivision(b)of 5ection 1140.4 of the Labor Code. (d) As used in this section,"urbanized area"means either of the following: (1) an area with a population density of at least 1000 persons per square mile;or (2) an area with a population density of less than 1000 persons per square mile that is identified as an urban area in the general plan adopted by the applicable city,county,or city and county and was not deslgnatcd at the time the application was deemed complete as an area reserved for future urban growth. (e) This section does not apply if the public agency which is carrying out or approving the development project determines that there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or that the cumulative impact of successive projects of the same type in the same area over time would be significant. 15280. Lower-income Houoirtg Projecto (a) CEOA does not apply to any development project which consists of the construction, conversion, or use of residential housing consisting of not more than 45 units in an urbanized area,provided that it is either. (1) Affordable to lower-income households,as defined in 5ection 50079.5 of the Health and Safety Code,and the developer provides sufficient legal commitments to the appropriate local agency to ensure that the housing units will continue to be available.to lower income households for a period of at least 15 years;or (2) Affordable to low and moderate-income households, as defined in paragraph (2) of subdivision (h) of 5ection 655595 of the Government Code,at monthly housing costs determined pursuant to paragraph (2)of subdivision(h)of 5ection 65559.5 of the Government Code. (b) The.development must also meet all the following criteria: (1) It Is consistent with the local jurisdiction's general plan as it existed on the date the project application was deemed complete. (2) It is consistent with the local zoning as it existed on the date the project application was deemed complete, unless the, zoning is inconsistent with the general plan because the city, county, or city and county has not rezoned the property to bring it into consistency with the general plan. 116 (3) Its site has been previously developed or is currently developed with urban uses, or the Immediately contiguous properties surrounding the site are or have been previously developed with urban uses. (4) Its site Is not more than two acres in area. (5) Its site is,or can be,adequately served by utilities. (6) Its site has no value as wildlife habitat. (77) It will not involve the demolition of, or any substantial adverse change in, any district, landmark, object, building,structure,site,area,or place that is Iisted, or determined to be eligible for Ileting in the California Register of Historical Resources. (5) Its site Is not included on any list of hazardous waste or other facilities and sites compiled pursuant to Section 65962.5 of the Government Code, and the site has been subject to an assessment by a California registered environmental assessor to determine both the presence of hazardous contaminants, if any, and the potential for exposure of site occupants to significant health hazards from nearby properties and activities. (c) For purposes of this section, "urbanized area" means an area that has a population density of at least 1000 persons per square mile. (d) if hazardous contaminants are found on the site,they must be removed or any significant effects mitlgated to a level of insignificance in order to apply this exemption. If a potential for exposure to significant health hazards from nearby properties and activities is found to exist,the effects of the potential exposure must be mitigated to a level of insignificance in order to apply this exemption, Any removal or mitigation to Insignificance must be completed prior to any residential occupancy of the project. (e) Thls section does not apply if there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable other projects in the vicinity. 15281. Air Ouality permito CEQA does not apply to the issuance,modification,amendment,or renewal of any permit by an air pollution control district or air quality management district pursuant to Title V, as defined in 5ection 39053.3 of the Health and 5afety Code, or pursuant to an air district Title V program established under 5ection5 42.301.10, 42301.11, and 42301.12 of the Health and Safety Code, unless the 15suance, modification, amendment, or renewal authorizes a physical or operational change to a source or facility. 15262. Other Statutory Exemptiono The following is a list of existing statutory exemptions. Each subseotion Summarizes statutory exemptions found in the California Code. Lead agencies are not to rely on the language contained in the summaries below but must rely on the actual statutory language that creates the exemption. This list i5 intended to assist lead agencies in finding them,but not as a substitute for them.This section i5 merely a reference tool. 117 (a) The notification of discovery of Native American burial sites as set forth in Section 5097.95(c) of the Public Resources Code. (b) Specified prison facilities as set forth in Sections 21050.01,21050.02,21080.03 and 21050.07 of the Public Resources Code. (c) The lease or purchase of the rail right-of-way used for the San Francisco Peninsula commute service between San Francisco and San Jose as set forth in Section 21050.05 of the Public Resources Code. (d) Any activity or approval necessary for or incidental to project funding or authorization for the expenditure of funds for the project, by the Rural Economic Development Infrastructure Panel as set forth in Section 21050.08 of the Public Resources Code. (e) The construction of housing or neighborhood commercial facilities in an urbanized area pursuant to the provisions of Section 21080.7 of the Public Resources Code. (f) The conversion of an existing rental mobilehome, park to a resident initiated subdivision, cooperative, or condominium for mobilehomes as set forth in Section 21080.5 of the Public Resources Code. (g) Settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements as set forth in Section 21050.11 of the Public Resources Code. (h) Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation as set forth in Section 21050.13 of the Public Resources Code. (i) The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 55552.1 and 65552.2 of the Government Code as set forth in Section 21050.17 of the Public Resources Code. (j) The closing of any public school or the transfer of students from that public school to another school in which kindergarten or any grades 1 through 12 is maintained as set forth in 21050.15 of the Public Resources Code. (k) A project for reetriping streets or highways to relieve traffic congestion as set forth in Section 21060.19 of the Public Resources Code. (1) The installation of new pipeline or maintenance, repair, restoration, removal,or demolition of an existing pipeline as set forth in Section 21060.21 of the Public Resources Code,as long a5 the project does not exceed one mile in length. (m) The activities and approvals by a local government necessary for the preparation of general plan amendments pursuant to Public Resources Code 929763 as set forth in Section 21050.22 of the Public Resources Code. Section 29763 of the Public Resources Code refers to local government amendments made for consistency with the Delta Protection Commission's regional plan. (n) Minor alterations to utilities made for the purposes of complying with Sections 4026.7 and 4026.5 of the Health and Safety Code as set forth in Section 21050.26 of the Public Resources Code. (o) The adoption of an ordinance exempting a city or county from the provisions of the Solar Shade Control Act as set forth in Section 25955 of the Public Resources Code. 118 I (p) The acquisition of land by the Department of Transportation if received or acquired within a statewide or regional priority corridor designated pursuant to 5ection 65081.3 of the Government Code as set forth in 5ection 33911 of the Public Resources Code. (q) The adoption or amendment of a nondlspoeal facility element as set forth in 5ection 41735 of the Public Resources Code. (r) Cooperative agreements for the development of Solid Waste Management Facilities on Indian country as set forth in 5ection 44203(g) of the Public Resources Code. (s) Determinations made regarding a city or county's regional housing needs as set forth in 5ection 65584 of the Government Code. (t) Any action necessary to bring a general plan or relevant mandatory element of the general plan Into compliance pursuant to a court order ae set forth in 5ection 65759 of the Government Code. (u) Industrial Development Authority activities as set forth in 5ection 91543 of the Government Code. (v) Temporary changes in the point of diversion, place of use, of purpose of use due to a transfer or exchange of water or water rlghts as set forth in 5ection 1729 of the Water Code. (w) The preparation and adaption of Urban Water Management Pians pursuant to the provisions of 5ection 10052 of the Water Code. 15253. Housing Needs Allocation CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development,a council of governments, or the county pursuant to 5cotion 65584 of the Government Code. 15254. )'ipeline5 (a) CEQA docs not apply to any project consisting of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing hazardous or volatile liquid pipeline or any valve,flange,meter,or other piece of equipment that is directly attached to the pipeline. (b) To qualify for this exemption,the diameter of the affected pipeline must not be increased and the project must be located outside the boundaries of an oil refinery.The project must also meet all of the following criteria: (1) The affected section of pipeline is Ices than eight miles in length and actual construction and excavation activitles are not undertaken over a length of more than one-half mile at a time. (2) The affected scotion of pipeline is not fess than eight miles distance from any section of pipeline that had been subject to this exemption in the previous 12 months. (3) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials. 119 1d� (4) To the extent not otherwise required by law, the person undertaking the project has, In advance of undertaking the project,prepared a plan that will result In notification of the appropriate agencies so that they may take action,if necessary,to provide for the emergency evacuation of members of the public who may be located In close proximity to the project,and those agencies, including but not limited to the local fire department, police,sheriff,and California Highway Patrol as appropriate, have reviewed and agreed to that plan. (5) Project activities take place within an existing right-of-way and that right-of-way will be restored to its pre-project condition upon completion of the project. (6) The project applicant will comply with all conditions otherwise authorized by law, Imposed by the city or county as part of any local agency permit process, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Public Resources Code 5ection 5510, et seq.), the California Endangered 5pecies Act(Fish and Game Code 5ection 2050, et seq.), other applicable state laws, and all applicable federal laws. (c) When the,lead agency determines that a project meets all of the criteria of subdivisions (a) and (b),the party undertaking the project shall do all of the following: (1) Notify in writing all responsible and trustee agencies, as well as any public agency with environmental, public health protection, or emergency response authority, of the lead agency's invocation of this exemption. (2) Mail notice of the project to the last known name and address of all organizations and individuals who have previously requested such notice and notify the public in the affected area by at least one of the following procedures: (A) Publication at least one time in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (5) Posting of notice on and off site in the area where the project is to be located. (C) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll. The notice shall include a brief description of the proposed project and its location, and the date, time, and place of any public meetings or hearings on the proposed project. This notice may be. combined with the public notice required under other law, as applicable, but shall meet the preceding minimum requirements. (3) in the case of private rights-of-way over private property, receive from the underiying property owner permission for access to the property. (4) Immediately inform the lead agency if any soil contaminated with hazardous materials is discovered. (5) Comply with all conditions otherwise authorized by law, imposed by the city or county as part of any local agency permit process,and to comply with the Keene-Nejedly California Wetlands Preservation Act(Public Resources Code 5ection 5810, et seq.), the California Endangered 5pecies Act (Fish and Game. Code 5ection 2050,et seq.),other applicable state laws,and all applicable federal laws. 120 (d) For purposes of this section, "pipeline" is used as defined in subdivision (a) of Government Code Section 51010,5. This definition includes every Intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances. Including a common carrier pipeline, and all piping containing those. substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier,and the common carrier owns and serves by pipeline at least five such facilities In California. 15285. Tran6it Agency Reopongee to Revenue 5hortfallo (a) CEOA does not apply to actions taken on or after July 1, 1995 to implement budget reductions made by a publicly owned transit agency as a result of a fiscal emergency caused by the failure of agency revenues to adequately fund agency programs and facilities, Actions shall be limited to those directly undertaken by or financially supported In whole or in part by the transit agency pursuant to Section 15375(a)(1) or(2),including actions which reduce or eliminate the availability of an existing publicly owned transit service,facility, program, or activity. (b) When Invoking this exemption,the transit agency shall make a specific finding that there is a fiscal emergency. Before taking Its proposed budgetary actions and making the finding of fiscal emergency, the. transit agency shall hold a public hearing. After this public hearing, the transit agency shall respond within 30 days at a regular public meeting to suggestions made by the public at that initial hearing.The transit agency may make the finding of fiscal emergency only after it has responded to public suggestions. (c) For purposes of this subdivision, "fiscal emergency" means that the transit agency is projected to have negative working capital within one year from the date that the agency finds that a fiscal emergency exists. "Working capital" is defined as the sum of all unrestricted cash, unrestricted short-term investments, and unrestricted short-term accounts receivable, minus unrestricted accounts payable. Employee retirements funds, including deferred compensation plans and Section 401(k) pians, health insurance reserves, bond payment reserves, workers' compensation reserves, and insurance reserves shall not be, included as working capital. (d) This exemption does not apply to the action of any publicly owned transit agency to reduce or eliminate a transit service„ facility, program, or activity that was approved or adopted as a mitigation measure in any environmental document certified or adopted by any public agency under either CEQA or NEPA. Further, it does not apply to actions of the Los Angeles County Metropolitan Transportation Authority, 121 }article 19. Categorical Exemptions 15300. Categorical Exemptions Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall,therefore,be,exempt from the provisions of CEQA. In response to that mandate,the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment,and they are declared to be categorically exempt from the requirement for the preparation of environmental documents, 15300.1. Relation to Minioterial Projecto Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Since ministerial projects are already exempt, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances.The inclusion of activities which may be ministerial within the classes and examples contained in this article shall not be construed as a finding by the Secretary for Resources that such an activity is discretionary. 15300.2. Exceptions (a) Location. Classes Vii, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply 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,overtime,is significant. (c) Significant Effect, A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to,trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. 122 (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change In the significance of a historical resource. 15300,3. RZevielone to List of Categorical Exemptions The County may, at any time, request that a new class of categorical exemptions be, added, or an existing one amended or deleted.This request must be made In writing to the Office of Planning and Research and shall contain detailed Information to support the request. The granting of such request shall be by amendment to these Guidelines. 15300,4. Application fay Public Agencies The County shall,in the course of establishing Its own procedures,list those specific activities which fall within each of the exempt classes, subject to the qualification that these lists must be consistent with both the letter and the Intent expressed In the classes. Public agencies may omit from their implementing procedures classes and examples that do not apply to their activities, but they may not require EIRs for projects described in the classes and examples in this article except under the provisions of Section 15300.2. 15301. Existing Facilitieo Class 1 consists of the operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized below are not intended to be all-Inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. Examples include but are not limited to: (a) Interior or exterior alterations involving such things as interior partitions,plumbing,and electrical conveyances; (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage,or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety,unless it is determined that the damage was substantial and resulted from an environmental hazard ouch as earthquake,landslide,or flood; (e) Additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet,whichever is less; or (2) 10,000 square feet if: 123 (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (15) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or In conjunction with exlsting structures,facilities,or mechanical erluipment,or topographical features including navlgationai devices; (g) New copy on cxleting on and off-premise signs; (h) Maintenance of exlsting landscaping, native growth,and water supply reservoirs(excluding the use of economic poisons,as defined in Division 7,Chapter 2,California Agricultural Code); (1) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, etreamfiows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources, (j) fish stocking by the California Department of Irish and Game; (k) Division of existing multiple family or single-family residences into corn mon-interest ownership and subdivision of existing commercial or industrial buildings,where no physical changes occur which are not otherwise exempt, (1) Demolition and removal of individual small structures listed in this subsection. (1) One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption. (2) A duplex or similar multifamily residential structurc. In urbanized areas,this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished. (3) A store, motel, office, restaurant, or similar small commercial Structure if designed for an occupant load of 30 persons or less. In urbanized areas,the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (4) Accessory(appurtenant) structures including garages,carports,patios.Swimming pools,and fences. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (n) Conversion of a single family residence to office use. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit ie installed and operated in accordance with the Medical Waste Management Act(Section 117600,et Seq.,of the Health and Safety Code) and accepts no offsite waste. (p) Use of a single-family residence as a Small family day care home,as defined in Section 1506.78 of the Health and Safety Code. 124 15302. replacement or Kecon6tructlon Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced,Including but not limited to: (a) Keplaoement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure, of substantially the same size, purpose, and oapaolty, (c) Replacement or reconstruction of existing utility systems andlor facilities Involving negligible or no expansion of capacity. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. 15303. New Construction or Conversion of Small 5tructure5 Class 3 consists of construction and location of limited numbers of new, email facilities or structures, installation of email new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to: (a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas,this exemption applies to apartments,duplexes and similar structures designed for not more,than six dwelling units, (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances,and not exceeding 2,500 square feet in floor area, In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally eensltive. (d) Water main,sewage,electrical,gas,and other utility extensions, including street improvements,of reasonable length to serve such construction, (e) Accessory(appurtenant)structures including garages,carports,patios,swimming pools,and fences. (f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Medical Waste Management Act(5ection 117600,et seq.,of the Health and Safety Code)and accepts no offsite waste. 125 15304. Minor Alterationo 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 healthy,mature,scenic trees except for forestry or agricultural purposes. Examples Include, but arc not limited to: (a) Grading on land with a slope of less than 10 percent,except that grading shall not be exempt In a waterway,In any wetland,In an officially designated(by federal,state,or local government action) scenic area,or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an official 5clsmic Hazard Zone,as delineated by the State Geologist, (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site; (d) Minor alterations in land,water,and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; (c) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees,etc; (f) Minor trenching and backfilling where the surface is restored; (g) Maintenance dredging where the spoil is deposlted in a spoil area authorized by all applicable state and federal regulatory agencies; (h) The creation of bicycle lanes on existing rights-of-way. (1) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surfacc waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. 15305. Minor Alterations in Land Ube Limitations Class 5 consists of minor alterations in land use limitations in areae with an average slope of less than 20%,which do not result in any changcs in land use or density,including but not limited to: (a) Minor lot line adjustmcnts,side yard,and ect back variances not resulting in the creation of any new parcel; (b) Issuance of minor encroachment permits; (c) Reversion to acreage in accordance with the 5ubdivioion Map Act, 126 15306. Information Collection Class 6 consists of basic data collection, research, experimental management,and resource evaluation activities which do not result In a serious or major disturbance to an environmental resource,, These may be, strictly for Information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved,adopted,or funded. 15307. Actione by regulatory Agencies for protection of Natural reeourcee Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where, the regulatory process involves procedures for protection of the environment.Examples include but are not limited to wildlife preservation activities of the State Department of f=ish and Game.Construction activities are not included in this exemption. 15308. Actiono by regulatory Agencieo for protection of the Environment Class 6 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 and relaxation of standards allowing environ- mental degradation are not included in this exemption. 15309. Inopectione Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or duality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation,or adulteration of products. 15310. Loano Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase, of existing structures where the loan will not be used for new construction and the purchase of such mortgagco by financial institutions. Class 10 includes but is not limited to the following examples. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 15311. Accc000ry 5tructureo Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial,industrial,or institutional facilities,including but not limited to: 127 (a) On-premise signs; (b) Small parking lots; (c) Placement of seasonal or temporary use items such ae lifeguard towers,mobile food units,portable,restroorns, or similar items In generally the same locations from time to time in publicly owned parks, stadiums,or other facilities designed for public use. 15312. 5urplue Government property 5aleo Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide,regional,or areawide concern identified in Section 15206(b)(4). However, even if the, surplus property to be,sold le located in any of those areas,its sale is exempt if: (a) The property does not have slgnificant values for wildlife habitat or other environmental purpooes,and (b) Any of the following conditions exist: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use;or (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these Guidelines;or (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. 15313. Acquioition of Lando for Wildlife Conoervation Purpooeo Class 13 conslets of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Floh 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. 15314. Minor Additions to 5choole Class 14 consists of minor additions to existing 5chool5 within existing school grounds where the addition does not increase original student capacity by more than 25% or ten cla5sroom5,whichever i5 less. The addition of portable classrooms is included in this exemption. 15315. Minor Land Divi5ion5 Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or 128 exceptions are required,all services and access to the proposed parcels to local standards are available,the parcel was not Involved In is division of a larger parcel within the previous 2 years,and the parcel does not have an average slope greater than 20 percent. 15316. Tranofer of Ownerohip of Land in Order to Create Parko Class 16 consists of the acquisition,sale or other transfer of land in order to establish a park where the land Is In a natural condition or contains historical or archaeological resources and either. (a) The management plan for the park has not been prepared,or (b) The management plan proposes to keep the area In a natural condition or preserve the historic or archaeological resources,CEQA will apply when a management plan is proposed that will change the area from Ito natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. 15317. Open Space ContractS, or Easements Class 17 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 and will normally be an action subject to the C2QA process. 15318. aeoignation of Wilderne96 Areas Class 18 consists of the designation of wilderness areas under the California Wilderness System. 15319. Annexations of Ex°loting Facilitieo and Loto for Exempt Fac'llitieo Class 19 consists of only the following 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 environmental 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 15303, New Construction or Conversion of Small Structures, 129 c.� 15320. Change;; in Organization of Local Agencies Class 20 consists of changes in the organization or reorganization 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) ConeolUation of two or more,districts having identical powers; (c) Merger with a city of a district line entirely within the boundaries of the city. 15321. Enforcement Actions * Regulatory Agencies Class 21 consists of: (a) Actions by regulatory agcncics to enforce or revoke a lease,permit,license,certificate,or other entitlement for use Issued,adopted,or prescribed by the regulatory agency or enforcement of a law,general rule,standard,or objective,adminlstcred or adopted by the regulatory agency. Such actions include,. but are not limited to.the following: (1) The direct referral of a violation of lease, permit,license, certificate,or entitlement for use or of a general rule,standard,or objective to the Attorney General,District Attorney,or County Counsel as appropriate, for Judicial enforcement; (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate,or entitlement for use or enforcing the general rule,standard,or objective. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction; (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not Included in this exemption. 15322. Educational or Training Programs Involving No Physical Changes Class 22 consists of the adoption,alteration, or termination of educational or training programs which Involve no physical alteration in the,area affected or which involve physical changes only in the interior of existing school or training structures.Examples include but are not limited to: (a) Development of or changes in curriculum or training methods. (b) Changcs in the grade structure in a school which do not result in changes in student transportation. 130 15323. Normal Qperationi5 of Facilitieo for Public Gatherings Class 23 consists of the normal operations of existing facilities for puMic gatherings for which the facilities were, designed,where there Is a past history of the,facility being used for the same. or similar kind of purpose. For the purposes of this section,"past hlstor/'shall mean that the same or similar kind of activity has bean occurring for at least three years and that there Is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include,but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. 15324. Kegulationc, of Working Conditiono Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare. Commission as authorized by statute,to regulate any of the following: (a) Employee wages, (b) Hours of work,or (c) Working conditions where there will be no demonstrable physical changes outside the place of work. 15325. Tranefere of 4wnerehip of Interest In Land to Preoerve Existing Natural Conditions and Hi9torical P.eeourceo Class 25 consists of transfers of ownership in interests in land in order to preeerve open space, habitat, or historical resources.Examples include but are not limited to: (a) Acquisition, saie, or other transfer of areas to preserve existing natural conditions, including plant or animal habitats. (b) Acquisition,saie,or other transfer of areas to allow continued agricultural use of the arras, (c) Acquisition, safe,, or other transfer to allow restoration of natural conditions, including plant or animal habitats. (d) Acquisition,sale,or other tranofer to prevent encroachment of development into flood plains. (e) Acquisition,sale,or other transfer to preserve historical resources. 131 13326. Acquieltion of Housing for Housing Moietance Urograms Class 26 consists of actions by a redevelopment agency, housing authority,or other public agency to Implement an adopted Housing Assistance Flan by acquiring an interest in housing units. The housing units may be either In exletance or possessing all required permits for construction when the agency makes Its final decision to acquire the units. 15327. Leming New Facilitleo (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency whore the local governing authority determined that the building was exempt from CEQA. To be exempt under this section,the proposed use of the facility: (1) Shall be In conformance with existing state plans and policies and with general, community, and specific plans for which an EIK or Negative Declaration has been prepared; (2) Shall be substantially the Same as that orlginally proposed at the time the building permit was issued; (3) Shall not result in a traffic increase of greater than 10%of front access road capacity;and (4) Shall include the provision of adequate.employee and visitor parking facilities. (b) Examples of Class 27 include,but are not limited to: (1) Leasing of administrative offices in newly constructed office Space; (2) Leasing of client service offices in newly constructed retail space; (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 15328. Small Hydroelectric Projecto at Existing Facilities Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (a) The capacity of the generating facilities is 5 megawatts or Ices; (b) Operation of the generating facilitics will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: (1) Rate and volume of flow; (2) Temperature, (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life;and (4) Timing of rcicase. 132 (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river, (d) Kepair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the Impoundment; (a) There will be no significant upstream or downstream passage of fish affected by the project; (f) The discharge from the power house will not be. located more than 300 feet from the toe of the diversion structure.; (g) The project will not cause violations of applicable state or federal water quality standards; (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places;and (1) Construction will not occur In the vicinity of any endangered,rare,or threatened species. 15329. Cogeneration Projects at Existing Facilities Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. (a) At existing industrial facilities,the installation of cogeneration facilities will be exempt where it will: (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county,and (2) Comply with all applicable state,federal,and local air quality laws. (b) At commercial and institutional facilities, the installation of cogeneration facilities will be exempt if the installation will: (1) Meet all the criteria described in subsection(a); (2) Result in no noticeable increase in noise to nearby residential structures; (3) 5c contiguous to other commercial or institutional structures, 15330. Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less.No cleanup action shall be subject to this Class 31 exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption,or the relocation of residences or businesses, or the action involves the potential release into the air of 133 volatile organic compounds as def=ined In Health and Safety Code section 25123.6,except for small scale in sltu soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air duality rules such as those governing volatile organic compounds and water duality standards, and approved by the regulatory body with Jurisdiction over the site. Examples of such minor cleanup actions Include but are not limited to: (a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, contalnerized and are d eslgnated fora lawfully permitted destination; (b) Maintenance or stabilization of berms,dikes,or surface Impoundments; (c) Construction or maintenance of interim or temporary surface caps; (d) onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements; (e) Excavation and/or offsite disposal of contaminated soils or sludges in regulated units; (f) Application of dust suppressants or dust binders to surface soils; (g) Controls for surface water run-on and run-off that meets seismic safety standards; (h) Pumping of leaking ponds into an enclosed container; (1) Construction of interim or emergency ground water treatment systems; (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. 15331. Hi6torical Reeource Keetoration/Rchabilitatioll Class 31 consists of projects limited to maintenance, repair,stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic 5ulldinee(1995),Weeks and Grimmer. 15332. Irl-Fill Development FrojectO Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The, proposed development occure within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered,rare or threatened species. 134 (d) Approval of the project would not result in any eignificant effects relating to traffic,noiec,air quality,or water quality. (e) The elite can be adequately nerved by all required utilitlee and public eervicce. 135 Article 20. Definitiono 15350. General The definitions contained in this article apply to terms used throughout the, Guidelines unless a term is otherwise defined In it particular eactlon. 15351, Applicant "Applicant"mcane a person who proposes to carry out a project which needs a lease, permit, license, certificate,or other entitlement for uec or financial assistance from one or more public agencies when that person applies for the governmental approval or assistance. 15352. Approval (a) "Approval' means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project ie a matter determined by each public agency according to its rules,regulations,and ordinances. Legislative action In regard to a project often constitute,approval. (b) Lith private projects, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license,certificate,or other entitlement for use of the project. 15353. CEQA "CEQA"means the California Environmental Quality Act,California Public Resources Code Sections 21000 et sett. 15354. Categorical Exemption "Categorical exemption"means an exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects docs not have a significant effect on the environment. 15355. Cumulative Impacts "Cumulative impacts" refers to two or more individual effects which, when considered together, arc considerable or which compound or increase other environmental impacts. 136 (a) The individual effects may be changes resulting from a single project or a number of separate projects. (b) The cumulative Impact from several projects is the change in the environment which results from the Incremental Impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively signiflcant projects taking place over a period of time. 15356. Decision-Making body "Decislon-making body'means any person or group of people within a public agency permitted by law to approve or disapprove the project at issue. 15357. Discretionary Project "Discretionary project" means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. A timber harvesting plan submitted to the State Forester for approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Iles. Code Sections 4511 et seq) constitutes a discretionary project within the meaning of the California Environmental Quality Act.Section 21065(c), 15358. Effects "Effects"and"impacts"as used in these .Guidelines are synonymous. (a) Effects include. (1) Direct or primary effects which are caused by the project and occur at the same time and place. (2) Indirect or secondary effects which are caused by the project and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate,and related effects on air and water and other natural systems,including ecosystems. (b) Effects analyzed under CEQA must be,related to a physical change. 15359. Emergency "Emergency"means a sudden, unexpected occurrence, involving a clear and imminent danger,demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot,accident,or sabotage. 137 15360, Environment "Environment"means the physical conditions which exist within the area which will be.affected by a proposed project Including land,air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. The.area Involved shall be,the area In which significant effects would occur either directly or indirectly as a result of the project.The"environment'"includes both natural and manmade conditions. 15361. Environmental Vocumento "Environmental documents"means Initial Studies, Negative Declarations,draft and final EIR9,documents prepared as substitutes for EIRs and Negative Declarations under a program certified pursuant to Public Resources Code Section 21080.5, and documents prepared under NEPA and used by a state or local agency in the place of an Initial Study,Negative Declaration,or an EIR. 15362. EIK - Environmental Impact Report "EIR"or"Environmental Impact Report"means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of an EIR are discussed in Article 9, commencing with Section 15120 of these Guidelines. The term "'EIR" may mean either a draft or a final EiR depending on the context. (a) Draft EIR means an EIR containing the information specified in Sections 15122 through 15131. (b) Final EIR means an EIR containing the information contained in the draft EIR, comments either verbatim or in summary received in the review process,a list of persons commenting,and the response of the Lead Agency to the comments received.The final EIR is discussed in detail in Section 15132. 15363. EIS - Environmental Impact Statement "E15" or"Environmental Impact Statement" means an environmental impact document prepared pursuant to the National Environmental Policy Act(NEPA), NEPA uses the term E15 in the place of the term EIR which is used in CEQA. 15364. Feaoible "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic,environmental, legal,social,and technological factors. 15365. Initial Study "Initial Study" means a preliminary analysis prepared by the Lead Agency to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. Use of the Initial Study is discussed in Article 5,commencing with Section 150607. 138 15366. Jurlediction 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 having primary Jurisdiction over the area Involved Is., (1) The site of the project, (2) The area in which the major cnvironmental effects will occur,and/or (3) The area in which reside those citizens most directly concerned by any such environmental effects. (c) Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed,it is also a Responsible Agency,see Section 15351,or the Lead Agency,see Section 15367. 15367. lead Agency "Lead Agency"means the public agency which has the principal responsibility for carrying out or approving a project. The Lead Agency will decide whether an EIR or Negative Declaration will be required for the project and will cause the document to be prepared.Criteria for determining which agency will be the Lead Agency for a project are contained in erection 15051. 15368. local Agency "Local agency"means any public agency other than a state agency,board,or commission.Local agency includes but Is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivielon of a local agency when so designated by order or resolution of the governing legislative body of the local agency. 15369. Miniroterial "Ministerial"describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion orjudgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements,and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include 139 A17 automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial If the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location,the structure would meet the strength requirements in the Uniform Buliding Code,and the applicant has paid his fee, 15569.5. Mitigated Negative Declaration "Mitigated negative declaration" means a negative declaration prepared for a project when the initial study has Identified potentially significant effects on the environment,but(1) revisions in the project plans or proposals made by,or agreed to by,the applicant before the proposed negative declaration and Initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public Agency that the project,as revised,may have a significant effect on the environment. 15370. Mitlgation "Mitigation"Includes: (a) Avoiding the Impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Kectifying the impact by repairing,rehabilitating,or restoring the impacted environment. (d) deducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. 15371. Negative Declaration "Negative Declaration" means a written statement by the Lead Agency briefly describing the reasons that a proposed project, not exempt from CEQA,will not have a significant effect on the environment and therefore does not require the preparation of an EX.The contents of a Negative Declaration are described in Section 15071. 15372. Notice of Completion "Notice of Completion" means a brief notice filed with OPP, by a Lead Agency ae soon as it has completed a draft EIK and is prepared to send out copies for review.The contents of this notice are explained in Section 15085. 140 15373. Notice of Determination "Notice of Determination" means a brief notice to be filed by a public agency after it approves or determines to carry out a project which Is subject to the requirements of CEQA. The contents of this notice are explained in Sections 15075 and 15094. 15374. Notice of Exemption "Notice of Exemption"means a brief notice which may be filed by a public agency after it has decided to carry out or approve a project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt,an emergency,or subject to another exemption from CEQA. Ouch a notice may also be filed by an applicant where ouch a determination has been made by a public agency which must approve the project.The contents of this notice are explained In 5ectlon 15062. 15375. Notice of Preparation "Notice of Preparation" means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies,and involved federal agencies that the Lead Agency plans to prepare an EIR for the project.The purpose of the notice is to solicit guidance from those agencies as to the scope and content of the environmental Information to be included in the EIR. Public agencies are free to develop their own formats for this notice. The contents of this notice are described in 5ection 15082. 15376. Peroon "Person" Includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies or political subdivisions of such entities. 15377. Private Project A private project means a project which will be carried out by a person other than a governmental agency,but the project will need a discretionary approval from one or more governmental agencies for. (a) A contract or financial assistance,or (b) A lease,permit,license,certificate,or other entitlement for use. 15376. Project (a) "Project"means the whole of an action,which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeabic indirect physical change in the environment, and that is any of the following: 141 (1) An activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances,and the adoption and amendment of local General Flans or elements thereof pueuant to Government Code 5cctlone,65100-65700. (2) An activity undertaken by a person which is supported in whole or in part through public agency contacts, grants,subsidies,loans,or other forms of assistance from one or more public agencies. (3) An activity involving the Issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (b) Project does not Include: (1) Proposals for legislation to be enacted by the State Legislature, (2) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making (except as they are applied to specific instances covered above); (3) The submittal of proposals to a vote of the people of the state or of a particular community. (stein v. City of Santa Monica(1960) 110 Cal.App.3d 456); (4) The creation of government funding mechanisms or other government fiscal activities,which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (5) Organizational or administrative activities of governments which are political or which are not physical changes in the environment(such as the reorganization of a school district or detachment of park land). (c) The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental approval. (d) Where the Lead Agency could describe the project as either the adoption of a particular regulation under subsection (a)(1) or as a development proposal which will be subject to several governmental approvals under subsections (a)(2) or(a)(3),the Lead Agency shall describe the project as the development proposal for the purpose of environmental analysis. This approach will implement the Lead Agency principle as described in Article 4. 15379. Public Agency "Public agency" includes any state agency, board, or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the State. This term does not include agencies of the federal government. 15380. Endangered, Pare or Threatened 5pecie5 (a) "Species"ae used in this section means a species or Subspecies of animal or plant ora variety of plant. 142 (b) A species of animal or plant Is: (1) "Endangered" when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexpioitation, predation, competition, disease. or other factors,or (2) "Rare"when either. (A) Although not presently threatened with extinction, the species is existing in such email numbers throughout all or a significant portion of Its range that it may become endangered If Its environment worsens;or (5) The species is likely to become.endangered within the foreseeable future throughout all or a significant portion of its range and may be considered "threatened" as that term is used in the. Federal Endangered Species Act. (c) A species of animal or plant shall be presumed to be endangered,rare or threatened,as it is listed in: (1) Sections 670.2 or 670.5,Title 14,California Code of Re.gulations;or (2) Title 50, Code of Federal Regulations Section 17.11 or 17.12 pursuant to the Federal Endangered Species Act as rare,threatened,or endangered. (d) A species not included in any listing identified In subsection (c) shall nevertheless be considered to be endangered,rare orthreatened.if the species can be shown to meet the criteria in subsection(b). (e) This definition shall not include any spades of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by: (1) The Director of Food and Agriculture with regard to economic pests;or (2) The Director of Health Services with regard to health risks. 15381. Reeponelble Agency "Responsible Agency" means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has prepared an EIR or Negative Declaration. For the purposes of CEQA, the term "Responslble, Agency" includes all public agencies other than the. Lead Agency which have discretionary approval power over the project. 15382. 5ignificant Effect on the Environment "5ignlficant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise,and objects of historic or aesthetic significance.An economic or social change by itself shall not be, considered a signlficant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is Significant. 143 15383. 8tate Agency "state agency"moans is governmental agency In the executive branch of the State Government or an entity which operates under the diroction and control of an agency in the,executive branch of State Government and is funded primarily by the State Treasury. 15384. 5ubotantiai Evidence (a) "6ubstantial evidence" as used In these guldelince means enough relevant information and reasonable inferences from this Information that a fair argument can be made,to support a concluslon,even though other conolusions might also be, reached. Whether a fair argument can be, made that the project may have a significant effect on the environment IS to be determimod by examining the whole record before the lead agency. Argument,speculation,unsubstantiated opinion or narrative,evidence which is clearly orroneoue or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical Impacts on the environment does not constitute subotantiai evidence. (b) 6ubstantlal evidence shall Include facts, reasonable. assumptions predicated upon facts, and expert opinion supported by facts. 15385. Tiering "tiering"refers to the coverage of general matters in broader EIRS(such aS on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific Me incorporating by reference,the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is: (a) From a general plan,policy,or program EIR to a program,pian,or policy EIR of lesser scope or to a slte-specific EIR; (b) From an EIR on a specific action at an early Stage to a Subsequent EIR or a supplement to an EIR at a later stage.Tiering In such caeos is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration ioeueo already decided or not yet ripe. 15386. Truetee Agency "Trustee Agency" means a state agency having jurisdiction by law over natural resources affected by a project which aro hold in trust for the people of the State of California.Trustee.Agencies include,: (a) The California Department of Fish and Game with regard to the fish and wildlife of the state,, to designated rare or endangered native plants, and to game refugoS, ecological reserves, and other areas administered by the department, (b) The State Lands Commiseion with regard to State owned "Sovereign" lands such as the, beds of navigable waters and state school lands; 144 (c) The State Department of marks and Recreation with regard to units of the State Park System; (d) The University of California with regard to sites within the Natural Land and Water Reserves System. 15587. Urbanized Area "Urbanized area" means a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile.A Lead Agency shall determine whether a particular area meets the criteria in this section either by examining the area or by referring to a map prepared by the U.S. bureau of the Census which deslgnates the area as urbanlzed. Maps of the designated urbanlzed areas can be found in the California EIR Monitor of February 7, 1979. The maps are also for sale by the Superintendent of Documents, U.5.Government Printing Office,Washington, D.C. 20402.The maps are sold in sets only as Stock Number 0301-3466. Use of the term "urbanlzed area" in Section 15152 is limited to areas mapped and deelgnated as urbanlzed by the U.S. bureau of the Census. 145