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Home My WebLink About99-024 - ResolutionsRESOLUTION NO. 99-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RECOMMENDING ADOPTION OF PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY AS AMENDED TO DATE AND SUPERSEDING CITY COUNCIL RESOLUTION NO. 81-195, AND MAKING FINDINGS IN SUPPORT THEREOF RECITALS. 1. The City of Rancho Cucamonga has filed an application for the adoption of Local Environmental Guidelines, as described in the title of this Resolution. Hereinafter in this Resolution, the subject adoption of the Local CEQA Guidelines is referred to as "the application." 2. On December 9, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On January 20, and continued to February 3, 1999, the City Council conducted a duly noticed public hearing on the application and concluded said hearing on the latter date. 4. Adoption of the referenced Local CEQA Guidelines will supersede City Council Resolution No. 81-195, which adopted the previous CEQA Guidelines. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council, including minutes of the public hearing by the Planning Commission on December 9, 1998, written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: a. The Local CEQA Guidelines apply to all Development projects within the City; and Resolution No. 99-024 Page 2 b. The proposed Local CEQA Guidelines will not have a significant impact on the environment. 3. Based upon substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed Local CEQA Guidelines do not conflict with the Land Use Policies of the General Plan; and b. The Guidelines promote the goals and objectives of the Development Code; and c. The proposed Local CEQA Guidelines will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed Local CEQA Guidelines are consistent with the objectives the Development Code; and are in conformance with the General Plan. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended and the guidelines promulgated thereunder, as the adoption of Local CEQA Guidelines are exempt under CEQA, per Article 19, Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment). 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, the City Council of the City of Rancho Cucamonga hereby approves the attached resolution adopting procedures implementing the California Environmental Quality Act, and the Guidelines of the Secretary for the Resources Agency as amended to date. 6. The Mayor shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 3rd day of February, 1999. Alexander, Biane, Curatalo, Dutton, Williams AYES: NOES: None ABSENT: None ABSTAINED: None William J. A,~ander, Mayor Resolution No. 99-024 Page 3 ATTEST: Debra J. Adams,'~CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 3rd day of February, 1999. Executed this 4th day of February, 1999, at Rancho Cucamonga, California. ,?',,, lr ..,, :,:<..,.~ ~..~......,;..7-- Debra J. AdamB, CMC, C~ty Clerk Resolution No. 99-024 Page 4 ~'N VIRONM£N TA L G LIID£L IN~S C OII/IMLINI T Y D£ V£L OPII/!£N T D£PARTil/!£NT Resolution No. 99-024 Page 5 A. USE ..............................................................................................................................................1 B. DEFINITIONS ................................................................................................................................1 C. EXEMPTIONS FROM CEQA .......................................................................................................6 D. APPL1CAT/ONOFCEQA TODBC~E770NAR)"PRO/E<TT$ ......................................................... 7 E. SUBMgSIONOFDA7Pt BYAPPI.ICANT'. ......................................................................................7 F. FEES .............................................................................................................................................7 //. RESPON$1~t'ILITY I='OR REVIEW ANO PREPAIZ4 T/ON OF ENVIRONMENTAL DOCUMENTS .................................................... lO III. INITIAL EVALUA T/ON OF PROJECTS ...................................... ~2 A. APPLICABIL173C ......................................................................................................................12 B. APPL1CATlONPRE-$UBMI7TAl C'ONt"~2~',,5;CE. ..................................................................... 12 ~ APPLICA 770NREQU7REMENTS ................................................................................................12 D. APPL1CA TIONPROCESSING ......................................................................................................12 E. DETERMINLYG IF APPLtCA TIO,YS .4R/:; (i::"(),~II~I, ETE. ................................................................12 IV. TIlE PRELIMINARY REVIEW PROCESS .................................... A. PRE-APPLICA TION CONSULTrA TION .......................................................................................14 B. RECEIP70FAPPLIC'A T/ON. ......................................................................................................14 (~ DETERMhYA TION OF EXEMP770N. ..........................................................................................14 m. INITIAL STUDY. ........................................................................................................................15 V. THE (M/TIGA TED) NEGAT/VE DECLARA T/ON PROCESS ......... V/. A. DECISK)N TO PREPARF' A NEGA 77VL' DL'CLARA T/ON OR M/TIGA TED NEGATIVE DECLARA 77ON ..................................................................................................................................18 B. CONTENTS ...............................................................................................................................18 G PUBLIC NOTICE ........................................................................................................................19 D. PUBLIC REVIEW. ..........................................................................................................................20 E. REVIEWBYOTHER PUBLICAGENOES. ................................................................................ 20 E STATE CZEAR1,NT~HOUSE REV/EWO/:'PR(:~/EC75 .................................................................... 20 G. CONTENTS OF NOTICE O/: IN7'EN~)". ........................................................................................21 ~ F1,~541. APPROVAL/FL',D/NG ..................................................................................................21 L APPEAL OF FhYAL APPROVAI ................................................................................................22 J. NOTICE OF DETER3!/A'A T/ON. ..................................................................................................23 ~ TIME L/M/T. ..............................................................................................................................23 L. MtT1GA TION MONI70R/NG ........................................................................................................24 M. ADDENDA OR SUBSEQUENTD~52/3~ENT~5 ............................................................................. 24 THE EIR PROCESS .................................................................... A. DECLS70N 7DPREPAREANEIR ...............................................................................................25 B. CO,SS~,,L FA,5 7 .gEL EC r/C. ~ ................. 25 Resolution No. 99-024 Page 6 C.. PREP,.~RAT~ONOFTHEDRAF?'EIR .......................................................................................... 27 O. PUBLICR£VIEWOFDRAFTEIR ............................................................................................. ~4 E. EVALUATIONOFCOMMENTS BYTH£ Lt:AD ?tGEN(7]'~ .......................................................... 37 F. THE £1NA L EIR ........................................................................................................................37 G. DECISION IX'~HETHER TO APPROVE ( ~R CARRY OUTTHE PROJECT ....................................... 38 H. FINDING8 ..................................................................................................................................38 I. ETA TEMENTOFO~ERRIDING CONSIDERs4 TIONS ................................................................... .39 .[. APPEAL OF FINAL APPROVAl ................................................................................................... 39 ~ NOTICE OF DETERMINA TION. .................................................................................................. 40 L. MITIGATION MONI~RING ..................................................................................................... VII. SUBSeQUeNT ~NVIRONM~NTAL DOCUMENTS R~QUIR~D AFTER C~RT/F/CA T/ON OR APPROVAL OF OR/G/NAL DOCUM~N~$ ...................................................................................42 A. SUBSEQUENT EIRs AND (MITIGA TED) :%'EG,4 TIVE DECLARATIONS .................................... 42 B. ADDENDUM~AN E[R OR(MITIGATED) ,&,'EGAT1VEDECLARATION ................................ 43 C SUPPLEMENT ~AN EIR ........................................................................................................ 43 D. USE OF MASTER EIRS FOR R£VH::t~~' OF SUBSEQUE,~,TPROJECF~ .......................................... 44 VIII. MITIGATION MONITORING ..................................................... A. PR~RAM 7D ENSURE COMPI,L4 ,r¥Ci L ..................................................................................... B. MEASURES REQUESTED BYSTA TE ,4 ND FEDERA L A GENCIE.~; ............................................ 45 C PROJECZS' OF STATEWIDE, REGIONAL OR ~ R D. FEES ..........................................................................................................................................45 IX. P~OC~~ ~0~ ~ ~ITY A~ A ~PO~I~L~ A~CY.46 A. GENERAL .................................................................................................................................46 B. RESPONSE TO CONSUL 71,4 T/ON ................................................................................................. 46 ~ MEE77NGS ................................................................................................................................46 m. COMMENTSONDRAFTEIRS AND;¥LGATTt'E DECLARATION,S ........................................... 46 E. NOTICE OF DETERMINA TION .................................................................................................. 46 X. APP£AL PROC~'$$ ...................................................................... 47 A. GENERAL ...............................................................................................................................47 B. ,4 PIlLS'CABLE APPtL4 L BODIE5 ............................................................................................. 47 C. APPEAL5 OF EXEMPTIONS. .................................................................................................... 47 D. APPEAL50FA DETERMINA 77()N 7~[A 1' 4 f~REVI()U,~'ENVIROYMENT~L DOCL,BtENTIS ADEQUATE .....................................................................................................................................47 E. A PPE,4 L 5 OF (MITIGA TED) Ni;G.4 77 t.'L [)ECLA RA 77()NS ....................................................... 48 F. PR(X:;ESSLYG A PPEA L S ............................................................................................................48 XI. SEVERABILITY. ..........................................................................49 XII. APP~'NDIC£S ...........................................................................$0 APP£NDIX A . CEQA FLo~CHAR7: ...........................................................................................50 APPENDI.\' B - TIME LL~,117i~,' FOR APPROi ,4 ~,' ( )F PRIV..4 T~7 DEVELC'P,'~IENT PRQI£CTS ................. 50, APPENDIX ~'. ,~IGN1FTCA NT £FFECTS ...........................................................................................~0 A PPENDL\' .D ~- PROJECTS OF STATE W/Db., R,'!iGIC):YA L, OR A R EA ~PTDE SIGNIFI(.A NCE ................ 50 A PPENDL¥ E - LIST OF CA TEGORIC.,41 £.V E..tIP770NS. ....................................................................50 A PPENDL\' t:' ~ S7A TUTOR Y J~XEMPTIC)N~.. ....................................................................................50 Resolution No. 99-024 Page 7 APPENDIX G - ENVIRO~,;qENTAL ],¥FOR,~£4 77ON FORM [~]NITIAL STUD}; PAR 7]) ...................... 50 APPENDL¥ G, ~ ~XCHMENTA . ~A TER ~.,~'.4Gt~ ,4 ND S~;~,'ER ~LO~S ........................................ APPENDIA' G, A ~ACHMENT B - L(~AL SC'H('~)L DIS~I(7FS ........................................................ APPENDIX G, ~ ~ACHMENT- HA ZAR~)US ~7XSTE ztND SUBS7HNCE SITES ............................. APPENDIX H- COMPLETENESS LETTER AND COMMENZ~'. ......................................................... APPENDL¥ ]- ENVIRONMENTAL CHE(~'I.IST FORM (INITIAL STUD)'PARTIIJ ............................ APPENDIX J- MITIGATION MONI~RING ~HE(~LIST (INiTiAL STUDY PART ][]j ......................... 50 APPENDIX J, A ~ACHMENT- MITIGA TIO,:¥ MONI~RING ,4 ND RE~:)R~NG FORM ...................... 50 APPENDIX K- NOTICE OF EXEMPTION ............................................................................................ 50 APPENDIX [, - N~GA WVE DECLARA 770?,'. ..................................................................................... 50 APPENDIX ~1 - NOTICE Of' INTENT 7D A DO?I' ,,¥EG,,4 77 Vt~ DECLA RATION ................................. 30 APPENDIX ~ - NOTICE OF PREPAR,4 TIO~N. ..................................................................................... 50 APPENDIX O- NOTICE OF COMPLE7K)N ....................................................................................... 50 ~PPENDL¥ f9 - NOTICE OF ~ Vz]ILABIi.f~" E,:¥ t lR(')N,,~,tENTML ]MP~CTRE~RT .......................... 5 ~PPENDIX Q - NOTICE OF DETERMLN'2A W( ):X ................................................................................. 5 ~ PPENDL¥ R - ARCH~ EOLOGICa]L L4IP,,4 CFS ................................................................................... 51 Resolution No. 99-024 Page 8 L G~N£RAL, These Guidelines set forth the procedures, which shall be used by the City of Rancho Cucamonga in the implementation of the California Environmental Quality Act of 1970 (CEQA), as amended They are based on the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA), and the State CEQA Guidelines promulgated by the Resources Agency as amended, which are incorporated herein by reference, and which should be referred to whenever additional detail or clarification is necessary. Appendices A and B to these Guidelines contain flowcharts that illustrate the procedures set forth in the State CEQA Guidelines. If there is any conflict between those Appendices and the text of these Guidelines or the State Guidelines, the text controls. The following definitions are intended to clarify and supplement, but not replace or negate the definitions contained in Article 20 of the State Guidelines. In the event of inconsistency, the State Guidelines shall control. 1. Approval - A decision made by the City Planner, Planning Commission, or City Council as the appropriate decision-making body which determines a particular course of action for a project. For public projects, approval usually occurs on the date when public expenditures are authorized for acquisition of property. If no public funds are involved for the project, then approval occurs on the date when the City authorizes the project. Approval shall occur once the appeal period has been exhausted. Advisory Body - The public body or administrative official or designated staff of the City of Rancho Cucamonga permitted by State Law or City Ordinance or Resolution to consider and make recommendations on a specific type of project. City - The City of Rancho Cucamonga acting by and through its officers, department, commissioners, agencies, and authorized staff. 4. Council - The City Council of the City of Rancho Cucamonga County Clerk - The County Clerk of the County of San Bernardino. All filing and other duties of the County Clerk as set forth in these procedures are to be performed bv the Clerk of the San Bernardino County Board of Supervisors. Cumulative Impacts - Refers to individual effects which, when considered together, are considerable or which compound or increase other environmental impacts The individual effects may be impacts resulting from Resolution No. 99-024 Page 9 a single project or a number of projects; past, current, and future. A discussion of cumulative impacts often includes a list of projects producing related impacts, a summary of expected effects of these projects, and an analysis of the cumulative impacts of relevant projects. Decision-Making Body - Any public body or administrative official or designated staff of the City of Rancho Cucamonga permitted by State Law or City Ordinance or Resolution to consider and approve or conditionally approve or disapprove a specific project. Department - Generally refers to the Community Development Department, but also means any agency of the City of Rancho Cucamonga, any division of any agency, any department of the City of Rancho Cucamonga not included within one of its agencies, or any special district governed by the Rancho Cucamonga City Council. Discretionary Project - A project which requires the exercise of judgement, deliberation, or decision on the part of a public agency or body in the process of approving or disapproving a particular activity, as distinguished from "ministerial" decisions which require the public agency or body merely to ascertain compliance with applicable statutes, ordinances, or regulations. A project having both ministerial and discretionary elements is deemed discretionary. 10. Environmental Impact Report- (EIR) A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of CEQA, and may refer to either a draft or a final EIR, prepared pursuant to Section VI of these Guidelines. 11. Initial Study - A preliminary analysis prepared by a Lead Agency pursuant to Section IV. D of these Guidelines to determine whether an EIR or a (Mitigated) Negative Declaration shall be prepared. 12. Jurisdiction by Law- Lawful authority exercised by any public agency over the resources, which may be affected by a project, and includes a city, county or other jurisdiction, which is the site of the project. 13. Lead Agency - The lead agency has the principa~ responsibility for carrying out or approving a project, and which shall prepare the environmental documents for a project. 14. Lead Department - The Lead Department or agency, of which the City Council is the governing body, which has the principal responsibility for carrying out, approving, or causing the approval by a decision-making body of a project. The process for determining the lead department is set out in Section II. D of these guidelines 15 Mitigation Measures- Measures capable of reducing or avoiding potentially significant environmental impacts identified for non-exempt projects. Mitigation may include the following: 2 16. 17. 18. 19. 20. 21. 22. Resolution No. 99-024 Page 10 Avoiding the impact altogether by not taking an action or pads of an action. Minimizing impacts by limiting the degree or magnitude of the action and its implementation. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. Compensating for the impact by replacing or providing substitute resources or environments. Master Environmental Assessment (MEA) - A database covering a geographical or issue area that may involve cumulative impacts from a number of separate projects within the geographical area or involving the issue under study, (Section 15169). Master EIR - An alternative to preparing a project EIR, Staged EIR, or Program EIR for certain projects which will form the basis for later decision making. It is intended to streamline the later environmental review of projects included within the project, plan, or program analyzed in the Master EIR. Mitigation - (See Mitigation Measures). Mitigated Negative Declaration- A Negative Declaration prepared for a project pursuant to Section V of these Guidelines 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 the light of the whole record before the public agency that the project as revised, may have a significant effect on the environment. Negative Declaration - A written statement by a Lead Agency pursuant to Section V of these Guidelines which briefly presents reasons why a proposed project will not have a significant effect on the environment and therefore does not require the preparation of an EIR Previous Environmental Impact Report - An EIR prepared in connection with an earlier project as provided in Section 15153 of the Guidelines. Program EIR - An EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: a Geographically; b. As logical parts in the chain of contemplated actions; Resolution No. 99-024 Page 11 23. 24. In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or 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. Subsequent activities in the program must be examined in light of the Program EIR to determine whether an additional environmental document must be prepared. Project -The whole of an action which has a potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment, that is any of the following: An activity directly undertaken by a 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 plans or elements thereof pursuant to Government Code Sections 65100 through 65700; An activity undertaken by a person or entity which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; An activity involving the issuance to a person or entity of a lease, permit, license, certificate, or other entitlement for uses by one or more public agencies. An activity can include, but not be limited to, a project undertaken by a private individual or entity for any of the following purposes: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreation use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. "Project" does not include continuing administration or maintenance activities, government funding mechanisms, or other government fiscal activities not involving a specific project, general policy- and procedure-making and feasibility or planning studies. "Responsible Agency" - A public agency, other than a Lead Agency, which has responsibility to carry out or approve all or a portion of a project. 4 Resolution No. 99-024 Page 12 25. 26. 27. 28. Significant Environmental Effect - 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, and which may result from direct or indirect consequences of the project. A project shall be found to have a significant effect on the environment if: The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory; The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. Examples of consequences, which may be deemed to have a significant effect on the environment, are listed in Appendix C. State Clearinghouse - A division of the Governor's Office of Planning and Research. The State Clearinghouse receives notices and other CEQA related documents and distributes these documents to the appropriate State agencies. Tiering -The coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs 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: From a general plan, policy, or program EIR to a program, plan or policy EIR of lesser scope or to a site-specific EIR. From an EIR on specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the lead agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. Transportation Agency - A public agency which has jurisdiction over major arterials and public transit facilities within 5 miles of a project site that might be affected by the project or a public agency which has jurisdiction over freeways, highways, and rail transit service facilities within 10 miles of a project site that might be affected by the project. Resolution No. 99-024 Page 13 29. Trustee Agency - A state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. The following projects are exempt from the requirements of CEQA and do not require the preparation of an Initial Study, (Mitigated) Negative Declaration, or EIR: All Ministerial Projects - These are projects for which the City's discretionary approval is not required. Such projects include, but are not limited to, final subdivision maps and individual service connections and disconnections. Categorical Exemptions - These are classes of projects which have been found by the Secretary for Resources not to have a significant effect on the environment. A list of these exemptions is set forth in Appendix E of these Guidelines. (Note: a project located on a site which is included on any list of hazardous waste sites and facilities compiled pursuant to Section 65962.5 of the Government Code is not exempt, even if a categorical exemption would otherwise apply.) Certain Emergency Actions and Projects - These include emergency projects carried out or approved by a public agency to repair or replace property or facilities damaged or destroyed as a result of a disaster in which a state of emergency has been declared by the Governor, and emergency repairs to public facilities to maintain service, and specific actions necessary to prevent or mitigate an emergency. 4. Projects which the Lead Agency Rejects or Disapproves Rates and Tolls - The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: Meeting operating expenses. including employee wage rates and fringe benefits; b. Purchase or leasing supplies, equipment, or materials; c. Meeting financial reserve needs and requirements; Obtaining funds for capital projects necessary to maintain service within existing service areas; or Obtaining funds necessary to maintain such intra-city transfers as are authorized by law. School Closing - The closing of a public school containing kindergarten or any of grades one through twelve or the transfer of students between public Resolution No. 99-024 Page 14 10. schools if the only physical changes involved are also exempt from the requirements of CEQA. Restriping - The restriping of streets or highways to relieve traffic congestion. Pipelines - Projects less than 1 mile in length in any public right-of-way to install, maintain, repair, replace, restore, remove, relocate, recondition, or demolish a pipeline. For the purposes of this section, "pipeline" includes only subsurface facilities and does not include any surface facilities related to the subsurface facility. Statutory Exemptions - These are exemptions from CEQA granted by the Legislature. A list of these exemptions is set forth in Appendix F of these Guidelines. Common Sense Exemption - An activity which 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 is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Except as provided in Sections I.C., IVC.. and MA. of these Guidelines, the Lead Agency shall prepare directly or by contract an Environmental Impact Report for all public and private projects which involve discretionary governmental action, and which may have a significant effect on the environment. See Section VI. E. Subnission of Data by Applicant A Lead Agency may require the applicant to submit any data or information which may be necessary for the Lead Agency to determine whether the project may have a significant effect on the environment, whether the project site and any alternatives are on any list of hazardous waste sites and facilities compiled pursuant to Section 65962.5 of the Government Code, and to assist in the preparation of an Initial Study, (Mitigated) Negative Declaration, or EIR by the Lead Agency. The form entitled "Environmental Information and Checklist Form," as shown in Appendix G of these Guidelines, may be used for this purpose. A fee covering all costs and expenses, including any consultant's fees, incurred by the City in preparing and processing an Initial Study, (Mitigated) Negative Declaration, or EIR, shall be charged to the applicant. No fee shall be collected pursuant to these Guidelines when it is determined at the initial examination that the proposed project does not require review Resolution No. 99-024 Page 15 pursuant to CEQA, because the project is exempt from the requirements of CEQA under Section I.C of these Guidelines. The City shall charge a fee not exceeding the actual cost of reproduction to members of the public who request copies of an Initial Study, (Mitigated) Negative Declaration, or EIR. A non-refundable fee, the amount of which shall be determined from time to time by Resolution of the City Council, will be required to initiate an appeal of a Lead Agency's final adoption of the (Mitigated) Negative Declaration under Section V.H. of these Guidelines. Fees incurred under Section '753.5, Title 14 of the California Code of Regulations, shall be collected as follows: Projects, which are statutorily or categorically exempt from the requirements of CEQA, shall incur no fee. If the Lead Agency determines that a project subject to CEQA would have a de minimis effect on fish and wildlife pursuant to Section IV.D of these Guidelines, it shall complete a Certificate of Fee Exemption containing the de minimis finding. The original Certificate of Fee Exemption shall be retained as part of the environmental record, and two copies of the Certificate shall be filed with the County Clerk, along with the document handling fee required by Section 711.4(e) of the Fish and Game Code, at the same time the Notice of Determination is filed. Projects which are not governed by Subsections a & b above shall incur a fee in the amount established by Section 753(a) of Title 14 of the California Code of Regulations. All projects for which a Negative Declaration has been prepared pursuant to Section 21890(c) of the Public Resources Code and these Guidelines shall incur a fee in the amount established by the State. All projects for which an Environmental Impact Report has been prepared pursuant to Section 21151 of the Public Resources Code and these Guidelines shall incur a fee in the amount established by the State. When the Lead Agency directly undertakes a project, the Lead Agency shall be considered the applicant and shall be responsible for payment of the fee incurred hereunder. When the Lead Agency is supporting, in whole or part, an activity undertaken by a private person or is granting a license, permit or entitlement to an applicant, the project applicant shall be responsible for payment of the fee incurred hereunder. Fees incurred hereunder shall be paid by the party responsible for such payment to the County Clerk. The fee shall be paid at or before the time of filing the Notice of Determination with the County Clerk. All checks for payment of the fees shall be payable to the County of San Bernardino. Resolution No. 99-024 Page 16 Only one fee shall be paid per project. In the event a project requires multiple Notices of Determination by Lead and/or Responsible Agencies, the fee shall be paid at or before the time the Lead Agency files the first Notice of Determination. Upon payment, the County Clerk will issue an Environmental Filing Fee Cash Receipt. The applicant shall retain the receipt for presentation to any additional agencies whose approval may be required. A copy of the receipt shall be attached to any additional Notices of Determination that may be required for the same project. This copy shall suffice as documentation that the fee has been paid. Resolution No. 99-024 Page 17 RESPONSIBILITY FOR REVIEW AND ,PREPARA T/ON OF' EN VIR ONMEN :?~ L ,,0 0 C U, MEN T$ A. Ge/~era/ The responsibilities of the Environmental Director includes review of the Initial Study Part I, preparation of Initial Study Parts II and III, and providing assistance in the formulation and coordination of monitoring and reporting programs. The Environmental Coordinator will be responsible for the monitoring calendar, long term Mitigation Monitoring, and the review for adequacy of consultant's reports. 13. Respo~mbi/ifies Environmental Director/Environmental Coordinator - The City Planner shall be the designated Environmental Director (ED) for the City. Any questions, which arise concerning interpretation of these guidelines, or the CEQA process, shall be reviewed by the ED. The City Planner may appoint a person to act as the Environmental Director's designee, who will have the title of Environmental Coordinator (EC). The EC will be given specific responsibilities and duties towards ensuring that the CEQA process is carried out in an appropriate manner including training staff, overseeing the review and preparation of environmental documents by staff members, and implementation of the report and monitoring program. Staff Responsibilities - Individual City staff members shall also be given responsibilities for acting as the City Planner's representative in the review and processing of environmental documents. Such responsibilities may include: review of Initial Study Part I and preparation of the Initial Study Parts II and III; review of various technical documents and reports; and acting as the City Planner's representative when the City is a responsible agency, including attending meetings and preparing responses to environmental documents; overseeing the preparation of environmental documents; as well as the implementation of the individual project report and monitoring programs. Lead Department Responsibilities - It shall be the responsibility of the lead department to carry out the review and preparation of environmental documents, As a requirement of these Guidelines, City staff members shall complete specific training and certification in the CEQA review process. Certification from the City Planner shall be required before any staff member works on or makes a decision '10 Resolution No. 99-024 Page 18 about CEQA related issues. The training and subsequent certification shall ensure the staff member's knowledge and familiarity of the provisions of the City's Guidelines. D. RestxTnsibility for Prepa uon of C E Q,4. Doommzts Public Projects - When the City plans to carry out a non-exempt public; project, the lead department shall prepare Part I of the Initial Study. The lead department shall then either complete Parts II and III of the Initial Study or have them prepared by an outside consultant. Once completed, Parts I, II, and III of the Initial Study shall be submitted for review to the City Planner or his designee; whereupon, the City Planner shall evaluate the adequacy of the documents and shall make a recommendation as to whether (Mitigated) Negative Declaration or EIR should be prepared. As part of the review, the City Planner may make a recommendation that additional studies should be required or that additional mitigation measures be added. The lead department shall then prepare a draft (Mitigated) Negative Declaration or EIR in accordance with the provisions set forth in these guidelines. Private Projects - Where a non-exempt project is subject to a discretionary approval by the City of Rancho Cucamonga, the applicant shall prepare Part I of the Initial Study. The Planning Division, or lead department, shall review Part I and prepare Parts II and III of the Initial Study and shall prepare, or cause to be prepared, a (Mitigated) Negative Declaration or draft and final EIR. In the case where the lead department is other than the Planning Division, they shall have responsibilities as outlined in this section. E. Designation of Lead Deparvr zt Where two or more departments of the City of Rancho Cucamonga are involved with a project, the lead department shall be determined by the following criteria: If the project is to be carried out by a department of the City1 the lead department shall be the one that is proposed to carry out the project. Where the project is proposed by an applicant other than the City. the lead department shall have the authority to process or grant permits, or the department with the greatest responsibility, approving or causing the approval by a decision-making body of the project as a whole. 11 Resolution No. 99-024 Page 19 III. INITIAL, EVALUA T/ON ,OF PROJECTS .4. These application procedures shall apply to all projects, except ministerial projects as defined by Section 15369 of the Guidelines, as set forth in these rules and regulations. B. .4pp/ica/ion Pre-Submi/ta/ Coq/brence For large, complex, or environmentally sensitive projects, a pre-submittal meeting should be held prior to formal submittal of a project application. The purpose of this meeting is to discuss the scope of potential environmental issues relative to the project as well as additional documentation or studies such as hydrology or traffic that may be needed. Scheduling of this meeting is the sole responsibility of the applicant and should occur as early in the project planning stages as possible. Attendance should include City project staff and project representatives as well as members of other appropriate City departments or governing agencies. C App/i~'a/ion Reqz~iremen/s Minimum Requirements - Part I of the Initial Study completed, signed by the applicant, and filed with a project application and accepted by the City in accordance with these rules, shall constitute an application under CEQA for all discretionary projects. Applications where an exemption from CEQA can be readily determined shall not be required to file Part I of the Initial Study. Additional Information -Additional information, supporting data, or technical reports identified either through the preliminary review process or at a pre- submittal conference should generally be provided at the time of project submittal. Additional information, if required, should be submitted following completion of the Initial Study Part II and subsequent project analysis. City staff will log in all applications, date stamp the application. and assign a project number. All environmental documents shall be included in the project file. De/ermim~[6 ~.)rAt~plications ,~re All applications shall be reviewed by the City to determine if they contain required information prior to acceptance. An application review appointment with a staff 12 Resolution No. 99-024 Page 20 member designated by the City Planner or lead department may be utilized by the applicant to go through a checklist of required items once the application has been reviewed at the Planning and Engineering Staff meeting. It is the responsibility of the applicant to ensure that all required information is provided. Within a 30 calendar-day period after an application has been submitted, one of the following shall occur: If the submittal is found to be complete by the City Planner or lead department, the applicant shall be informed in writing, with a copy placed in the file. If it is determined that the application is incomplete, the applicant shall be notified in writing specifying the deficient areas, as well as what is needed to complete the application. Copies of this notification shall be included in the project file. Upon resubmittal of the project application, a new 30 calendar- day period for determining completeness of the application shall begin. Projects shall be deemed received for filing on the date which an application is accepted as complete by the City Planner or lead department, except as provided under Section 1511'1 of the State CEQA Guidelines, regarding projects with short time periods for approval. For example, when an EIR is being prepared, action within 50 days after acceptance of a tentative subdivision map shall be suspended until such time as necessary environmental review has been completed. Accepting an application as complete does not limit the authority of the City from requiring the applicant to submit: additional information needed for environmental evaluation of the project. While conducting the review for completeness, City staff will be evaluating environmental issues that require additional environmental study, up to and including the preparation of an EIR. 13 Resolution No. 99-024 Page 21 IV. THE' PR~'Llil/IINARY' RE'VIi~W PROCESS ~4. Pre-~4pp/ication Consu/ta~on Upon request by a potential applicant for a project involving the issuance of a lease, permit, license, certificate, or other entitlement for use, the Lead Agency shall consult 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. Receip! qf z"~pplicatio~ Where the following occurs, the Lead Agency may deem an application for a project not received for filing until such time as the required environmental documentation is sufficiently complete to enable the Lead Agency to complete environmental review under CEQA within the time limits set by another statutory scheme: '1. The enabling legislation for a program, other than the Permit Streamlining Act, Government Code Section 65920 et seq., requires the Lead Agency to take action on an application within a specified period of six months or less; and The enabling legislation provides that the project will be approved by operation of law if the Lead Agency fails to take any action within such specified time period; and The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use Appendix B illustrates the time limits discussed in the Guidelines. Appendix H is a form to use in reporting to the applicant the status of the application. C: When an application is deemed complete, staff shall first determine whether the application involves a "project", as defined in Section I.B of these Guidelines. If so, staff shall then determine if the project is exempt from the requirements of CEQA. Section I.C of these guidelines contains a list of exemptions. If staff determines a project is exempt from the requirements of CEQA, a Notice of Exemption may be filed with the County Clerk. The County Clerk shall post the Notice for 30 days and return the Notice to the Lead Agency. The Lead Agency shall retain the Notice for not less than nine months. A copy of the Notice of Exemption form is provided as Appendix K to these Guidelines. 14 Resolution No. 99-024 Page 22 General - If the project is subject to the requirements of CEQA, staff shall conduct an Initial Study to determine if the project may have a significant effect on the environment. However, if staff can determine that the project will clearly have a significant effect, then the Lead Agency may prepare an EIR without first preparing an Initial Study. Still, even when it is clear from the outset that a project may have a significant effect, staff may decide to prepare an Initial Study to enable the applicant to modify a project to mitigate adverse impacts or to assist the preparation of an EIR. 2. Purposes - The purposes of an Initial Study are to: Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR, a Mitigated Negative Declaration, or Negative Declaration. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR, a Mitigated Negative Declaration, or Negative Declaration is prepared. c. Assist the preparation of an EIR, if one is required, by: · Focusing the EIR on the effects determined to be significant; · Identifying the effects determined not to be significant; Explaining the reasons for determining that potentially significant effects would not be significant; and Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects. d. Facilitate environmental assessment early in the design of a project. Provide documentation of the factual basis for the finding in a (Mitigated) Negative Declaration that a project will not have a significant effect on the environment. f. Eliminate unnecessary EIRs 3. Early Consultation With Othe__r Agencies and the Applicant - As soon as it is determined that an Initial Study is to be prepared, the Lead Agency shall consult with all responsible agencies, trustee agencies, and agencies having jurisdiction by law over natural resources that may be affected by the project to obtain recommendations as to whether an EIR or a (Mitigated) Negative Declaration should be prepared. '15 Resolution No. 99-024 Page 23 The Lead Agency may also consult with the applicant during or immediately after preparation of the Initial Study to determine if the applicant is willing to modify the project to reduce or avoid any significant effects identified in the study. If a project is of statewide, regional, or areawide significance under the criteria of Appendix D to these Guidelines, the Lead Agency shall also consult with transportation agencies as defined in Section I.B of these Guidelines. Any agency consulted under this Subsection c which provides information to the Lead Agency shall be notified of, and provided copies of, environmental documents pertaining to the project. A project may be revised in response to an Initial Study so that potential adverse effects are eliminated or reduced to a point where no significant environmental effects would occur. In that case, a Mitigated Negative Declaration shall be prepared instead of an EIR. The mitigation should be in the form of changes in the project's plans or a firm commitment in writing from the applicant to implement the mitigation measures. If, however, the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. Contents - The Initial Study shall contain the following information in brief form: a. A description of the project including its location b An identification of the environmental setting. An identification of the environmental effects by use of a checklist, provided entries are briefly explained to indicate that there is some 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 (Mitigated) Negative Declaration. A reference to another document should include, where appropriate, a citation to the page or pages where the information is found; d. A discussion of ways to mitigate the significant effects identified, if any; An examination of whether the pro.iect is compatible with the existing zoning and General Plan: and The name of the person or persons who prepared or participated in the Initial Study. The Environmental Information and Checklist Form to be submitted by the applicant and the Initial Study Questionnaire Form appear in Appendices G and I to these Guidelines. Results - 16 Resolution No. 99-024 Page 24 If the Lead Agency' determines that there is substantial evidence that any aspect of the project may cause a significant adverse 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: · Prepare an EIR, or' Use a previously prepared EIR which the Lead Agency determines would adequately analyze the project at hand, or 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 (Mitigated) Negative Declaration, including a master EIR or a master environmental assessment. The Lead Agency shall then ascertain which effects, if any, should be analyzed in a later EIR or (Mitigated) Negative Declaration. The Lead Agency shall prepare a Mitigated Negative Declaration if the Lead Agency determines that there is substantial evidence that the project or any of its aspects may cause a significant effect on the environment but revisions in the project plans or proposals made by the applicant would avoid the effects to a point where clearly no significant effect on the environment would occur and there is no subst:antial evidence that the project, as revised, may have a significant effect on the environment. The Lead Agency shall prepare a Negative Declaration if the Lead Agency determines that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. A determination of the required environmental document to be prepared shall be made within 30 days after an application is accepted as complete. This period may be extended up to 15 days upon consent of the applicant. If a draft environmental document is prepared under a contract to a public agency, the contract shall be executed within 45 days from the date on which an application requesting approval of the project is received and accepted as complete by the local agency, unless the local agency finds that a longer period of time is required due to compelling circumstances and the project applicant consents thereto. Appendix B illustrates the time limits discussed in these Guidelines '17 Resolution No. 99-024 Page 25 THE', (11/11TIG,4 T£D)' N£G/~ TIVE' ,PROCEedS" DECL~IRA TION ~. Decision To Prepare. a ~%egative Declaration or ~ l#igated %e£afim Dec/aration A proposed Negative Declaration shall be prepared for a project when the Initial Study indicates that there is no substantial evidence that the project may have a significant effect on the environment, or A proposed Mitigated Negative Declaration shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects but: Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect would occur; and, There is no substantial evidence before the Lead Agency that the project as revised may have a significant effect on the environment. Appendix C lists circumstances in which a project may be deemed to have a significant effect on the environment. Section I.B of these Guidelines defines circumstances in which a project will normally be found to have significant environmental effects and in which an EIR might be prepared. 13. A Negative Declaration shall be written and include: A brief description of the project as proposed, including the case number or a commonly used name for the project, if any; 2. The location of the project and the name of the project proponent; 3. A finding that the project will not have a significant effect on the environment; ¸. An attached copy of the Initial Study documenting reasons to support the finding; 5. Mitigation measures included in the project, if a Mitigated Negative Declaration is required, to avoid potentially significant effects: The location and custodian of the documents or other material which constitute the basis upon which the decision to adopt a (Mitigated) Negative Declaration is based; and 18 Resolution No. 99-024 Page 26 If the project site is on any list of sites affected by hazardous waste and substances compiled pursuant to Section 65962.5 of the Government Code, the Lead Agency shall specify the list and include the information required by the statement set forth in Section 65962.5 (f) of the Government Code. The form for a Negative Declaration or Mitigated Negative Declaration appears in Appendix L of these Guidelines. C Public Notice A Notice of Intent to adopt a (Mitigated) Negative Declaration shall be provided to the public and the public agencies identified below in Subsection E so that the public and each public agency have at least 20 days to review the (Mitigated) Negative Declaration prior to its adoption by the Lead Agency or, if the (Mitigated) Negative Declaration is provided to the State Clearinghouse for review by state agencies, the notice shall be provided so that the public and public agencies have at least 30 days to review the negative declaration prior to its adoption. Notice shall also be given to the last known 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:: Publication at least one time by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or Posting of notice by the Lead Agency on and offsite in the area where the project is to be located; or Direct mailing to the owners and occupants of property contiguous to the project as such owners are shown on the latest equalized assessment roll. Public notice of the proposed (Mitigated) Negative Declaration may be given at the same time and in the same manner as public notice of the project required by any other law. Notice shall be mailed to the County Clerk so that the County Clerk receives the notice at least 20 days before the (Mitigated) Negative Declaration is to be adopted. The County Clerk will post the notice for at least 20 days before returning the notice to the Lead Agency. This notice should be retained in the environmental record for the project Notice shall be mailed to the State Clearinghouse so that the Clearinghouse receives the notice at least 30 days before the (Mitigated) Negative Declaration is to be adopted. The form of a Notice of Intent to Adopt a (Mitigated) Negative Declaration is found as Appendix M of these Guidelines. Resolution No. 99-024 Page 27 D. Public Review The proposed (Mitigated) Negative Declaration shall be made available to the public for at least 20 days from the date that a notice is published, posted, or mailed prior to final approval in order' to provide an opportunity for members of the public to respond to the finding. Where State Clearinghouse review is involved, this public review period shall be at least 30 days, pursuant to Subsection F below, unless a shorter period is approved by the State Clearinghouse. The City Planner is designated to request a shortened review period, when appropriate. E. Reuiew By Other Pzd:,lic genc 's The Lead Agency shall consult with all Responsible Agencies, Trustee Agencies, and agencies having jurisdiction by law over the project prior to approving the Negative Declaration by sending a copy of the Notice of Intent and proposed (Mitigated) Negative Declaration and Initial Study to all such agencies. Further, the Lead Agency shall provide notice of any public hearing on the proposed project to each Public Agency which comments on the (Mitigated) Negative Declaration within the comment periods specified by CEQA. (If the public agency had previously received notice of the hearing, the notice need not be sent again after receiving comments on the negative declaration.) If a project involves the construction or alteration of a facility within 1/4 mile of a school which project 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 the quantity specified in Subdivision (a) of Section 25536 of the Health and Safety Code, which may pose a health or safety hazard to persons who would attend or would be employee at the school, then the Lead Agency shall: Provide the relevant school district with written notice of the project not less than 30 days prior to approval of the Negative Declaration; and Consult with that district regarding the potential impact of the project on the school. For purposes of paragraph 2 above, the terms "acutely hazardous material" and "hazardous air emissions" shall have the meanings attributed to them by Section 21151.8 (c) of the Public Resources Code. State Ckaringlx se R eview of Pro/i s 1. If a project is determined to be of statewide, regional, or areawide significance, pursuant to the criteria in Appendix D of these Guidelines, the 2O Resolution No. 99-024 Page 28 (Mitigated) Negative Declaration shall be submitted to the State Clearinghouse, transportation agencies as defined in Section I.B of these Guidelines, and the local metropolitan area council of governments; e.g. the Southern California Association of Governments (SCAG) and San Bernardino Association of Governments (SANBAG). If one or more state agencies is a Responsible Agency or Trustee Agency or possesses jurisdiction by law over the project, the (Mitigated) Negative Declaration shall be submitted to the State Clearinghouse for distribution to those agencies. G. Contents of Notice of Intent A Notice of Intent to adopt a (Mitigated) Declaration may follow the form provided in Appendix M and shall specify the following: 1. A brief description of the proposed project and its location. The starting and ending dates for the review period during which the Lead Agency will receive comments on the proposed (Mitigated) Negative Declaration. If the review period has been shortened, the notice shall include a statement to that effect. 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. The address or addresses where copies of the proposed (Mitigated) Negative Declaration, including revisions and all documents referenced in the proposed (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 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 Statement required under Subsection (f) of that section. Other information specifically required by statute or regulation for a particular' project or type of project. H. FinalAppv /Finding Prior to approving the project, the decision-making body shall independently review and analyze the (Mitigated) Negative Declaration and any comments received by the Lead Agency concerning the (Mitigated) Negative Declaration and adopt or 21 Resolution No. 99-024 Page 29 disapprove the (Mitigated) Negative Declaration. The Lead Agency shall not adopt a (Mitigated) Negative Declaration unless it finds that the (Mitigated) Negative Declaration reflects the independent judgement of the Lead Agency. Where the project would result in no significant impacts or where mitigation measures eliminating significant effects are incorporated into the project, the Lead Agency shall adopt a (Mitigated) Negative Declaration and make a finding that the project as approved will not have a significant effect on the environment and that the (Mitigated) Negative Declaration represents the independent judgment and analysis of the Lead Agency. When adopting a (Mitigated) Negative Declaration the Lead Agency shall also adopt a monitoring program as described in Section VIII for any mitigation measures and shall specify the location and custodian of the documents and other material which constitute the record of proceedings upon which the decision is based As a result of the public review process for a (Mitigated) Negative Declaration, including administrative decisions and public hearings, the Lead Agency may conclude that certain mitigation measures are infeasible or otherwise undesirable. In those circumstances, the Lead Agency, prior to approving the project, may' delete those mitigation measures and substitute other mitigation measures that the Lead Agency finds, in writing, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the (Mitigated) Negative Declaration. A Lead Agency shall not adopt a (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. L Approval of a (Mitigated) Negative Declaration may be appealed in writing within 10 days after approval of the project for which the (Mitigated) Negative Declaration was prepared. The appeal of the (Mitigated) Negative Declaration will be considered by the same body that considers an appeal of a decision on the project for which the (Mitigated) Negative Declaration is prepared. If the decision on the project is not appealable, then the (Mitigated) Negative Declaration shall also not be appealable. An appeal fee will be required pursuant to City of Rancho Cucamonga fee resolution. 22 Resolution No. 99-024 Page 30 Notice of Detomination After deciding to carry out or approve a project for which a (Mitigated) Negative Declaration has been approved, the Lead Agency shall file a Notice of Determination. The form of the Notice of Determination is found in Appendix Q~ 1. The Notice of Determination shall include: An identification of the project including its common name where possible and its location; b. A brief description of the projecL c. The date on which the project was approved; The determination that the project will not have a significant effect on the environment; A statement that a (Mitigated) Negative Declaration has been prepared pursuant to the provisions of CEQA; The mitigation measures which were made a condition of the approval of the project; and The address where a copy of the (Mitigated) Negative Declaration may be examined, The Notice of Determination shall be filed with the County Clerk within 5 working days after approval of the project. The County Clerk will post the Notice for 30 days before returning the Notice to the Lead Agency with a notation showing the dates of posting. The Notice must then be retained in the records of the Lead Agency for at least 9 months. A copy of the Notice of' Determination and the (Mitigated) Negative Declaration shall also be provided to agencies which provided information to the Lead Agency after consultation pursuant to Section IV.D of these Guidelines. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and Research. A Notice of Determination shall be provided to all organizations and individuals that have previously requested by mailing a copy of the Notice to them within 5 working days after approval of the project. Time L nit For a project involving a lease, license, permit:, certificate, or other entitlement for use, a (Mitigated) Negative Declaration shall be completed within 180 days from the day the application for the project is determined to be complete. A reasonable extension may be granted upon consent of the applicant provided that compelling 23 circumstances justify additional time. discussed in these Guidelines. Resolution No. 99-024 Page 31 Appendix B illustrates the time limits L. Mitigation Monitor g If the Lead Agency has conditioned approval of a project for which a Mitigated Negative Declaration has been prepared upon the implementation of measures to mitigate potential adverse environmental effects or if such mitigation measures were incorporated into the project as a result of the Initial Study, the Lead Agency shall adopt a reporting or monitonng program pursuant to Section VI of these Guidelines. Addenda to or subsequent environmental documents prepared after approval of a (Mitigated) Negative Declaration shall be processed according to Section V of these Guidelines. 24 Resolution No. 99-024 Page 32 V/. PROC£S$ .~:t. Dedsio/~ to Prepare a~ EIR If the Lead Agency finds after an Initial Study, and despite any mitigation measures prepared under Section II or III of these Guidelines, that, in light of the whole record, there is substantial evidence that the project may have a significant effect on the environment, the Lead Agency shall prepare or cause to be prepared an Environmental Impact Report. An EIR shall be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. The existence of a public controversy over the environmental effects of a project shall not require preparation of an EIR if there is no substantial evidence, in light of the whole record before the Lead Agency, that the project may have a significant effect on the environment. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts, which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. Certain projects may automatically trigger the preparation of an EIR. A Lead Agency should consult State CEQA Guidelines Section 15081.5 before analyzing any of the following projects: a. The burning of municipal waste, hazardous waste, or refuse driven fuel; b Issuance of a hazardous waste facihties permit: c. Open pit mining operations; and; d. An initial base reuse plan General- EIRs shall be prepared by a qualified consultant selected by, and under contract to, the City. Following a determination that an EIR is required, City staff shall initiate a selection process for a consultant to prepare the documenL Selection would typically occur by preparing a Request for Qualifications (RFQ); however, a Request for Proposal (RFP) may also be utilized. Qualifications submitted should at a minimum include the following: 25 Resolution No. 99-024 Page 33 Names and resumes of principals and employees of the firm or subcontractors who will be involved in preparation of the EIR. A listing of all applicable environmental documents prepared for public and private clients for which the firm was the lead consultant Additional projects. including projects for which the firm was a sub-- consultant, may also be listed. The name of the project manager should also be included. In the case of projects for which the firm was a sub-consultant, the firm's scope of work should be indicated. In all cases, if the document was prepared under a name different than that presently used by the firm, that name should be indicated. A listing of at least two references each from public and private sector clients. Each reference should include a listing of the corresponding public or private client involved in the projecL Listings of public projects should include the name of the project sponsor. A copy of what the firm deems to be its best environmental document. A reference for each document, if applicable, should be submitted. e. Statement of familiarity with the project area. Other information as deemed necessary based upon the project description and scope of work such as a fee schedule and statement of ability to meet any time constraints of the project. Immediately at the close of the RFQ/RFP perioc!, City staff shall review the packets that have been received. Fee proposals shall be included in a separate sealed envelope clearly marked as fee or cost proposal. Consultant selection criteria shall be based upon consultant qualification on experience, responsiveness to the RFQ or RFP, and project timing. The City Planner and/or lead department shall select the most qualified consultant proposals for an evaluation interview. The City Planner and/or lead department shall make the final determination of the consultant to be retained, and shall notify the applicant within 10 calendar days following the selection. Final contract approval shall be by City Council authority. Costs of Preparation - All costs associated with preparation, noticing, printing, and distribution of EIRs and addendum and supplemental studies shall be borne by the applicant. Prior to the signing of the consultant contract to prepare the EIR, the applicant shall deposit funds sufficient to pay for the required EIR in a City Trust Account. These funds shall be released by the City to the EIR consultant according to the terms of the Contract for' Preparation of an Environmental Impact Report. The applicant shall be required to pay an administrative fee as established in the Rancho Cucamonga Fee Resolution to cover the City's costs for consultant selection, contract preparation, analysis of the EIR, public hearings, Staff Reports, and legal publications. 26 Resolution No. 99-024 Page 34 Applicant Contact - During the preparation of the Environmental Impact Report, the City's environmental consultant should be allowed access to the applicant, provided that the City staff be informed ahead of time of any meetings between the applicant and the consultant, and that no meeting be held without prior knowledge and consent. No information or conclusions should be released by the consultant to the applicant except through the City. C Preparation of the DraJ EIR Notice of Preparation - Upon deciding that an EIR is required, the Lead Agency shall issue a Notice of Preparation l:)y certified mail to each responsible agency, those public agencies having jurisdiction by law over natural resources that may be affected by the project, similar federal agencies and each city or county that borders on the Lead Agency. The notice shall also be sent to every federal agency involved in approval or funding of the project, to any agency which provided information to the Lead Agency after consultation pursuant to Section IV.B.3 of these Guidelines and to all organizations and individuals who have previously requested such notice. The notice shall be in the form provided in Appendix N of these Guidelines. The agencies notified shall have 30 days in which to respond to the Notice and a draft EIR may not be circulated for public review until that time has elapsed. If an agency does not respond within the 30-day period, the Lead Agency may assume that agency has no response. Projects of Statewide, Regional, or Areawide Significance - If a project is determined to be of Statewide, Regional, or Areawide significance pursuant to the criteria in Appendix D of these Guidelines, the Notice of Preparation shall also be submitted to transportation agencies as defined in Section I.B of these Guidelines. Early Consultation - Prior to completing a draft E:IR, the Lead Agency may consult with any persons or organizations it believes may be concerned with the environmental effects of the project. The Lead Agency shall, upon the request of the applicant, provide for early consultation to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the EIR The Lead Agency may consult with persons identified by the applicant which the applicant believes will be concerned with the environmental effects of the project and may consult with members of the public who have made written request to be consulted on the project. A request by the applicant for early consultation shall be made not later than 30 days after the Lead Ager~cy determines that an EIR will be required for the project, pursuant to Section IV.B.5 of these Guidelines. The Lead Agency may charge and collect from the applicant a fee not to exceed the actual costs of the consultation. Consultation with Water Suppliers for Certain Mixed-Use Projects and Projects of Statewide, Regional, or Areawide Significance For those projects described below, at the time that the Notice of Preparation is distributed, the Lead Agency shall contact each operator of a water system that will serve the project and that is, or may become, a public water system. 27 Resolution No. 99-024 Page 35 ("Public Water System" is defined in Water Code Section 10912). The Lead Agency shall request that the operator of the water system assess whether the projected water demand associated with the project was included as part of the most recently adopted urban water management plan. The public water system operator shall provide the assessment not later than 30 days after the date that the request was received and the Lead Agency shall include in the draft EIR the assessment and any other information provided by the operator pursuant to Water Code Section 10911. The assessment and the information shall not exceed 10 standard typewritten pages in length. This requirement shall only apply to the adoption or amendment of a Specific Plan or an amendment or revision of the land use element of the General Plan that may result in a net increase in population density or building intensity. Furthermore, the requirements of this Section will not apply unless the Specific Plan or General Plan Amendment is made in connection with a project of statewide, regional or areawide significance that falls within Subsection b of Appendix D or a mixed use project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. Means of Preparation - The Lead Agency may choose one of the following arrangements, or a combination of them, for preparing a draft EIR. If the Option c below is used, the contract for preparation of a draft EIR shall be awarded within 45 days of the receipt of a complete application for the project, including submittal of required fees by the, applicant, unless the local agency finds that a longer period of time is required due to compelling circumstances and the project applicant consents thereto. a. Preparing the draft EIR directly. with its own staff. Contracting with another entity, public or private, to prepare the draft EtR. Using an EIR previously certified by a public agency. Before using a draft EIR prepared by another person, the Lead Agency shall independently review and analyze the draft EIR, and shall not approve the release, circulation, or use of the draft EIR unless it determines that the draft EIR reflects the independent judgement of the Lead Agency. The Lead Agency is responsible for the adequacy and objectivity of the draft EIR. If the Lead Agency chooses to prepare the draft EIR pursuant to Subsection a or b above, then the applicant shall make payment to the Lead Agency in order to defray the costs to prepare and/or evaluate the draft EIR; the applicant shall not make direct payment to the contractor who is to prepare the draft EIR. 28 Resolution No. 99-024 Page 36 Format - An EIR shall contain a table of contents or an index to assist readers in finding the analysis of different subjects and issues. An EIR shall contain a brief summary of the proposed actions and their consequences, which should not exceed 15 pages and which shall identify: Each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect. Areas of controversy known to the Lead Agency including issues raised by agencies and the public; and Issues to be resolved including the choice among alternatives anti whether or how to mitigate the significant effects. 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. Highly specialized and technical data; however, should be included in appendices rather than in the main body of the report. The EIR should be prepared using natural and social science methodologies and include consideration of qualitative as well as quantitative factorsr The EIR shall reference all documents used in its preparation and may incorporate any document by reference. The EIR shall state where an incorporated document is available for public inspection An EIR prepared for a general or specific plan or zoning ordinance may be used as the foundation document for subsequent EIRs prepared for specific projects within the geographic are covered by the plan or' ordinance. Contents - A draft EIR should be less than 15(:) pages in most cases and shall contain the following information: Description of project - A description of the project including the following information, but only in sufficient detail to allow evaluation and review of the environmental impact: The precise location and boundaries of the proposed project on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. · A statement of the objectives sought by the proposed project. 29 Resolution No. 99-024 Page 37 A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals, if any, and supporting public service facilities. A statement describing the intended uses of the EIR, including a list of the approvals for which the EIR will be used, and all decisions on the project subject to CEQA. If the project site is on any list of sites affected by hazardous waste and substances compiled pursuant to Section 65962.5 of the Government Code. then the Lead ,Agency shall specify the list and include the information required by the statement set forth in Section 65962.5(f) of the Government ,Code. Description of Environmental Setting - A description of the environment in the vicinity of the project as it exists before commencement of the project, from both a local and regional perspective. Special emphasis should be placed on environmental resources that are rare or unique to that region and would be affected by the project. The EIR shall d:scuss any inconsistencies between the proposed project and applicable general and regional plans. Cumulative Impacts .... Cumulative impacts shall be discussed when they are significant.. 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 the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness. Previously approved land use documents such as general plans, and specific plans may be used in the cumulative impacts analysis. The following elements are necessary for adequate discussion of cumulative impacts: Either: Future projects producing related or cumulative impacts, including those projects outside the control of the Lead Agency, or A summary of projections contained in an adopted general plan or related planning document, which is designed to evaluate regional or areawide conditions. Any such planning document shall be referenced and made available to the public at a location specified by the Lead Agency; and A summary of: the expected environmental effects to be produced by those projects with specific reference to traditional information stating where that information is available; and 3O Resolution No. 99-024 Page 38 A reasonable analysis of the cumulative impacts of the relevant projects. An EIR shall examine reasonable options for mitigating or avoiding any significant cumulative effects of a proposed project. Environmental Impact! -All phases of a project shall be considered when evaluating its impact on the environment: planning, acquisition, development, and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. The significant environmental effects of the proposed project. including direct and indirect and short- and long-term effects. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. Any significant environmental effects which cannot be avoided if the proposal is implemented, including those which can be mitigated but not reduced to a less-than- significant level, and the reasons why the project is proposed notwithstanding these impacts. Mitigation measures proposed to minimize the significant effects including avoidable. adverse impacts, and any inefficient and unnecessary consumption of energy. This discussion shall identify measures, which will eliminate such impacts or reduce them to a less-than-significant level. Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be given. Energy conservation measures shalt be discussed when relevant. If a mitigation measure would cause one or more significant impacts in addition to those which would be caused by the project as proposed, these shall be discussed, but in less detail than the effects of the project as proposed. Housing, economic and social factors shall be considered in deciding whether changes in a project are feasible to reduce or avoid significant impacts. With respect to a project which includes housing development, the Lead Agency 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 Archaeological and historical impacts shall be considered and archeological impacts should be avoided or mitigated as set forth in Appendix R to these Guidelines. Any significant irreversible environmental changes, which would be involved if the proposed action were implemented, including uses of nonrenewable resources and irreversible commitments of resources, should be evaluated to assure proposed consumption 31 Resolution No. 99-024 Page 39 is justified. The information need be included only in EIRs prepared for the following: the adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; the adoption by a local agency formation commission of a resolution making determinations; or, a project requiring an Environmental Impact Statement under the National Environmental Policy Act of 1969. The growth-inducing impact of the proposed action, including the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Any water supply assessment and other information provided pursuant to Section VI.C.3. Airport-related safety hazards and noise problems, if any, for projects within the boundaries of a comprehensive airport land use plan or within two nautical miles of a public or public use airport for which an airport land use plan has not been prepared. The Lead Agency shall use the Airport Land Use Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation of the EIR. If certain potential effects are not discussed in the EIR, a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and therefore not discussed in the EIR. Such a statement may be contained in an attached copy of an initial study. Alternatives to the Proposed Action - 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. 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. 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 purposes of the project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale 32 Resolution No. 99-024 Page 40 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. 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 environmenta~ 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. "No Project" Alternative - The specific alternative of "no project" shall also be evaluated along with its impact. The "no project" analysis shall discuss the existing conditions, 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. 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. Feasibility - Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitabilityr 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 has or can reasonably acquire control or otherwise have access to the alternative site. No one of these factors establishes a fixed limit on the scope of reasonable alternatives. Alternative Locations - The key question and first step in analysis is whether any of the significant effects of the project would be 33 Resolution No. 99-024 Page 41 avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR. 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. 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 purposes, 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 substantially the same as they relate to the alternative. An EIR need not consider an alternative if the effect cannot be reasonably ascertained and the implementation of, which is remote and speculative. Organizations and Persons Consulted -'The identity of all federal, state, or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm, or agency, which prepared the EIR Public R eu~ o_/'Dra~ £ IR 1. Consultation - After completing a draft EIR, the Lead Agency shall consult with and request comments from all Responsible Agencies, Trustee Agencies, and other agencies having Jurisdiction by Law over natural resources which may be affected by the project. The Lead Agency shall also consult with any city or county which borders on the City, unless the Lead Agency and the City or county otherwise designate annually by agreement. The Lead Agency may also consult with persons or agencies, which have special expertise with respect to any environmental impact involved. The consultation shall be combined with the review period and notices described below in Subsection 2 shall satisfy the requirement to consult and request comments from these agencies. If a project involves the construction or alteration of a facility within 1/4 mile of a public school and which project might reasonably be anticipated to emit hazardous or acutely hazardous air emissions, or which would handle acutely hazardous material or a mixture containing 34 Resolution No. 99-024 Page 42 acutely hazardous material in a quantity equal to or greater than the quantity specified in subdivision (a) of Section 25536 of the Health and Safety Code, which may pose a health or safety hazard to persons who would attend or would be employed at the school, the Lead Agency shall: Provide the relevant school district with written notice of the project not less than 30 days prior to certification of the EIR; and Consult with that district regarding the potential impact of the project on the school. For purposes of paragraph b above, the terms "acutely hazardous material" and "hazardous air emissions" shall have the meanings attributed to them by Section 21151.8(c) of the Public Resources Code. If a project involves burning of municipal wastes, hazardous waste, or refuse-derived fuel, as described in Public Resources Code Section 21092, then notice shall also be provided by direct mailing to the owners and occupants within 1/4 mile of the project site. Notice - The Lead Agency shall provide public Notice of Availability (the form of which is shown in Appendix P) of the draft EIR, and at the same time, send a Notice of Completion (the form of which is shown in Appendix O) to the Office of Planning and Research (OPR) pursuant to Section Vl.C of these Guidelines. Notice shall be given to all agencies which must be consulted as described above in Section VI.D.I.a, to all organizations and individuals who have previously requested :such notice in writing and to all agencies which provided information to the ILead Agency after' consultation pursuant to Section IV.D.3 of these Guidelines. Notice shall also be given by at least one of the following procedures: Publication at least once by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or Posting of notice by the Lead Agency on- and off-site in the area where the project is to be located: or Direct mailing to the owners and occupant.,; of property contiguous to the project as such owners be shown on the latest equalized assessment roll. Notice shall be filed with the County Clerk; who will post the Notice for 30 days before returning the Notice to the Lead Agency. This Notice should be retained in the environmental record for the project. Contents of Notice - The Notice of Availability shall specify the period during which comments will be received on the EIR, and shall include the date, time, and place of any public hearings on the proposed project, a brief description of the project and its location, the significant impacts, if any, anticipated as a Resolution No. 99-024 Page 43 result of the project, whether the project is listed as a hazardous waste site pursuant to Government Code Section 65962.5, and if so, the Hazardous Waste Substances Statement, and an address where copies of the draft EIR and all documents referenced in the EIR are available for review. Appendix P contains a Notice of Availability form. Public Review Period - In order to allow sufficient opportunity for public comment, the draft EIR shall be made available to the public for at least 30 days, but not more than 60 days, after Notice of Availability is given to the public, public agencies, and the County Clerk. EIRs submitted to the State Clearinghouse shall be available for public review for at least 45 days, unless the State Clearinghouse approves a shorter period. The City Planner is authorized to request a shortened review period, when appropriate. A draft EIR shall be made available for review in a public area in at least three locations in the City. Projects of Statewide, Regional or Areawide Significance - The Lead agency shall use the State Clearinghouse whenever it distributes an EIR to state agencies for review. EIRs for projects deemed to be of statewide, regional, or areawide significance under the criteria set forth in Appendix D shall be submitted to the State Clearinghouse, to transportation agencies as defined in Section I.B of these Guidelines, and to the local metropolitan area council of governments (e.g., SCAG) Revised Draft EIRs - a. A Lead Agency 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 but before certification. This 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 includes, for example, a disclosure showing that: A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented 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. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. 36 Resolution No. 99-024 Page 44 Recirculation is not required where the new information added to the EIR merely clarifies or' amplifies or makes insignificant modification in an adequate EIR. 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. Recirculation of an EtR requires notice pursuant to Section IV.D.2, and consultation pursuant to Section VI.D.1. A decision not to recircutate an EIR when new information is added must be supported by substantial evidence in the administrative record. E. Evaluation of ~ by the Lea~ A genc~ Staff shall evaluate comments on environmental issues received from persons, organizations, and public agencies that reviewed the draft EIR and shall respond in writing to significant environmental issues raised. At least 10 days prior to certifying an EIR, the Lead Agency must provide written proposed responses to public agencies on timely comments made by those agencies. The response may be in the form of a revision of the draft EIR or an attachment to it. The Final EIR 1. Preparation - The Lead Agency shall prepare a Final EIR consisting of: a. The draft EIR or a revision of the draft; Comments on the draft EIR received during the public review period either verbatim or in summary. A list of persons, organizations, and public agencies commenting on the draft EIR; and The responses of the Lead Agency to significant environmental points raised in review and consultation processes, which may be in the form of a revision of the draft EIR or an attachment to it. Any comments raising major issues at variance to the Lead Agency's position shall be addressed in detail, including reasons why they were not accepted. Certification - The Final EIR shall be presented for review and consideration to the decision-making body of the Lead Agency. Prior to approving a project for which an EIR was prepared, the decision-making body shall certify that the Final EIR has been completed in compliance with CEQA and the State Guidelines, that the decision-making body has reviewed and considered the EIR, and that the EIR reflects the independent judgement and analysis of the Resolution No. 99-024 Page 45 Lead Agency. The decision-making body may not approve the project until it is able to make this certification. Time Limits - For a project involving a lease, license, permit, certificate, or other entitlement for use, the Lead Agency shall complete and certify an EIR within 1 year from the day the application is determined to be complete. If circumstances justify more time, a reasonable extension may be granted upon consent of the applicant, provided that compelling circumstances justify additional time. Appendix B illustrates the time limits discussed in these Guidelines. G. Decision l,F/Tmho' to Appm-oe orOut the Project The Lead Agency shall review and consider the Final EIR before deciding whether to approve or carry out the project and shall not decide to approve or carry out the project for which an EIR was prepared unless either: The project as approved will not have a significant effect on the environment, or 2. The Lead Agency has: Eliminated or substantially reduced all significant effects on the environment, where feasible, as shown in findings pursuant to Section VI.H. of these Guidelines; and Determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding considerations set forth pursuant to Section VI.I. of these Guidelines. Findings The Lead Agency shall not approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects unless both of the following occur: The public agency makes one or more of' the following findings with respect to each significant effect: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the FIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. This finding shall not be rnade if the Lead Agency has concurrent Resolution No. 99-024 Page 46 jurisdiction with another agency to deal with identified, feasible mitigation measures or alternatives. 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. With respect to significant effects which were subject to a finding under the paragraph directly above, the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. At the time of making findings pursuant to Subsection a above, the Lead Agency shall specify the location and custodian of the documents or other material, which constitute the record of proceedings on which the decision is based. The Lead Agency shall not approve or carry out a project for which an EIR has been certified without making a finding as to why each of the project alternatives identified in the EIR pursuant to Section IV.C.7 of these Guidelines was rejected in favor of the project approved. Prior to approving a project for which an EIR was prepared and water suppliers were consulted pursuant to Section VI.C of the Guidelines, the Lead Agency 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 shall treat impacts to water supplies as a significant impact and shall make the findings set forth above in Subsection 1 .a concerning the impact. L S tatmT~ offing Ca~tsidera~ions Where the decision to approve a project allows the occurrence of significant effects which are identified in the Final EIR, but which are not mitigated (as may be the case when findings are made pursuant to Section VI.H, the decision-making body shall make a written statement of the overriding considerations supporting its decision, based on the Final EIR and other information in the record. Any such statement should be included in the record of the project and noted in the Notice of Determination and should include the specific overriding economic, legal, social, technological, or other benefits of the project that have been determined to outweigh the significant effects on the environment. Appeal of Final A ppwval Certification of an EIR may be appealed in writing within 10 days after approval of the project for which the EIR was prepared. The appeal will be considered by the Resolution No. 99-024 Page 47 same body that considers an appeal of the decision on the project for which the EIR is prepared. il~ the decision on the project is not made by the City Council and is not appealable, then the appeal of the EIR Certification will be considered by the City Council. An appeal fee will be required pursuant to the City of Rancho Cucamonga Fee Resolution. K. Noticeof Determination After deciding to carry out or approve a project for which an EIR has been certified~ the Lead Agency shall file a Notice of Determination. The form of the Notice of Determination is found in Appendix Q. 1. Contents - The Notice of Determination shall include: An identification of the pro.lect including its common name where possible and its location; b. A brief description of the project; c. The date on which the project was approved; d. The determination whether the project as approved will have a significant effect on the environment; A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; Whether mitigation measures were made a condition of the approval of the project; Whether findings regarding significant environmental effects were made pursuant to Section VI,H of these Guidelines; Whether a statement of overriding considerations was adopted for the project; and The address where a copy of the EIR and the record of the project approval may be examined. The Notice of Determination shall be filed with the County Clerk within 5 working days after approval of the project. The County Clerk will post the Notice for 30 days before returning the Notice to the Lead Agency with a notation showing the dates of posting. The Notice should then be retained in the records of the Lead Agency for at least 9 months. A copy of the Notice of Determination and the EIR shall also be provided to agencies which provided information to the Lead Agency after consultation pursuant to Section IV.D.3 of these Guidelines. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the State Clearinghouse in the Office of Planning and Research. 4O Resolution No. 99-024 Page 48 A Notice of Determination shall be provided to all organizations and individuals who have previously requested such notice in writing by mailing a copy of the Notice to them within 5 working days after approval of the project L. Mitigation Monitoring If the Lead Agency has imposed mitigation measures on the project, the Lead Agency shall adopt a reporting or monitoring program pursuant to Section VI of these Guidelines. The program shall be adopted at the time that the project is approved. All mitigation measures imposed on a project shall be fully enforceable through permit conditions, agreements, or other measures. 41 Resolution No. 99-024 Page 49 V/l, SUBSEQUENT , ,FtVV!RONMENTAI. DOCUMENTS RI~:¢~ U tR E'D ,A F" ?:,~!!!"~' ,rrfl;~I',,~i!?"R' 77 F",t C',A T/ O N OR APPROVAL ...'~. oC~/bsequen/ EIRs and (Nli/~oated) Ne~.~ati~,e Declarations When an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Substantial changes are proposed in the project which will require major revisions of the previous EIR or (Mitigated) Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or (Mitigated) Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 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 (Mitigated) Negative Declaration was adopted, shows any of the following: The project will have one or more significant effects not discussed in the previous EIR or (Mitigated) Negative Declaration; Significant effects previously examined will be substantially more severe than shown in the previous EIR; 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 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. 42 Resolution No. 99-024 Page 50 When a (Mitigated) Negative Declaration has been adopted for a project, no subsequent EIR shall be required for that project, unless one or more of the elements listed under Subsection 1 of this Section have been satisfied. If changes to a project or its circumstances occur or new information becomes available, but none of the elements listed under Subsection 1 have been satisfied, the Lead Agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. If the project was approved prior to the occurrence of the conditions described in Subsection 1 above, the subsequent EIR or (Mitigated) Negative Declaration shall be prepared by the public agency, which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been cer[ified or subsequent (Mitigated) Negative Declaration adopted. A subsequent EIR or subsequent (Mitigated) Negative Declaration shall be given the same notice and public review as required under Section VI.D or Section V.C. A subsequent EIR or (Mitigated) Negative Declaration shall state where the previous document is available and can be reviewed B. to an EIR or (Mitigatw/) Negamae Declaration The Lead Agency or Responsible Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section VII.A calling for preparation of a subsequent EIR, have occurred. 1. An addendum to an adopted (Mitigated) Negative Declaration may be prepared if only minor technical changes or additions are necessary. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted (Mitigated) Negative Declaration. The decision-making body shall consider the addendum with the final EIR or adopted (Mitigated) Negative Declaration prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent FIR pursuant to Section VII.A. should be included in an addendum to an EIR, the Lead Agency's required findings on the project, or elsewhere in the record. The decision must be supported by substantial evidence. C Suppl nozt to an EIR The Lead or Responsible Agency may choose to prepare a supplement to an FIR rather than a subsequent EIR if any of the conditions described in Section VII.A. would require the preparation of a subsequent EIR, and only 43 Resolution No. 99-024 Page 51 minor additions or changes are necessary to make the previous EIR adequately apply to the project in the changed situation. The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under Section VI.D. A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR. When the Lead 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 VI.H shall be made for each significant effect shown in the previous EIR as revised. D. Use of Master EIRs for Reoiewq'Subsequmt Projeas If a Master EIR has been prepared for a project listed in Public Resources Code Section 21157, subsequent projects that were described as being within the scope of the master EIR, and which are submitted to the City less than 5 years from the certification of the Master EIR, may be given expedited environmental review. In these situations, the Lead Agency shall prepare an Initial Study of the subsequent project to determine if it was described in the Master EIR and whether it will cause any significant effect on the environment that was not examined in the Master EIR. If the Lead Agency makes a written finding that the subsequent project is within the scope of the Master EIR, will have no additional significant effects on the environment and no new mitigation measures or alternatives are required, then no further environmental review is required. However, the Lead Agency shall provide notice in the manner required by State CEQA Guidelines Section 15087 prior to approving the project and shall file a Notice of Determination after approval of the project. If the Initial Study of the subsequent project identifies new or additional significant effects on the environment that were not analyzed in the Master EIR, then a Mitigated Negative Declaration or focused EIR shall be prepared. 44 Resolution No. 99-024 Page 52 VIII./VIITIGA T/ON MONITORING The Environmental Coordinator shall conduct mitigation monitoring and reporting pursuant to CEQA and these Guidelines. Program to Ensure Compliance If a reporting or monitoring program is required under Section V.L or Section VI.L of these Guidelines, the program shall be designed to ensure compliance with mitigation requirements during the implementation of the project. A reporting or monitoring program may include reporting obligations imposed on the applicant, inspection and regulatory enforcement activities of the Lead Agency or some other agency, and monitoring by the Lead Agency or some other agency specifically to enforce the mitigation measures imposed on the project. An example of a Mitigation Monitoring Program is provided in Appendix J. Measurex Requexted ~3' State and If mitigation measures are requested by a Trustee Agency, the Lead Agency may request the Trustee Agency to prepare a reporting or monitoring program. Projectx o./'Statemide, Regiona/ or.4remvide C'oncern If a reporting or monitoring program is required for a project that is of statewide, regional, or areawide concern under the criteria set forth in Appendix D of these Guidelines, any transportation information resulting from that reporting or monitoring program shall be submitted to the Regional Transportation Planning Agency along with a copy of the reporting or monitoring program. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing reporting or monitoring programs as described in Paragraph A above, shall be charged to the applicant. 45 Resolution No. 99-024 Page 53 PROCEDURES FOR THE CITY ,AS ,A RESPONSIBLE `A GENC Y This section identifies the special duties of the City of Rancho Cucamonga when acting as a Responsible Agency under the provisions of Section 15096 of the State Guidelines. 13. Re.~ponse to Consu/talion The City Planner or his representative(s) shall respond to consultation requests by a Lead Agency in a manner consistent with Section 15096 (b) of the State Guidelines. As part of this review the City Planner may request that other appropriate city departments review the proposed document and provide comments. C. Meeti~s The City Planner or his representative(s) shall attend meetings requested by the Lead Agency as provided by Section 15096 of the State Guidelines. D. Comments on Dra~ [~IRs and Ne~:_~ative Declarations The City Planner or his appointed designee should review and comment on draft EIRs and (Mitigated) Negative Declarations as provided by Section 15096 of the State Guidelines. Where appropriate, the document may be placed on the agenda of the Planning Commission and/or City Council for public review and comment, or may be distributed to the members of these bodies and comments requested. Notice qf Determinatwn In accordance with Section 15096(i) of the State CEQA Guidelines, a Responsible Agency should file a Notice of Determination in the same manner as a lead agency under Sections 15075 or 15094, except that the City does not need to state that the EIR or (Mitigated) Negative Declaration complies with CEQA. However, the City should state that it considered the EIR or Negative Declaration as prepared by a lead agency. 46 Resolution No. 99-024 Page 54 X, APPEAL PROC~'SS ~ ZI. Genera/ An appeal may be filed with the applicable appeal body and shall be in writing on 8 1/2 x 11-inch paper. Additional documentation may, however, accompany the appeal. All appeals to the Planning Commission shall be filed with the Planning Commission Secretary together with the appropriate fee, and appeals to the City Council shall be filed with the City Clerk with the appropriate fee. The fee for such appeals shall be as designated by City Resolution. In all cases, the burden of proof shall lie with the appellant. B. ?tpp/icab/e .Zlppea/ Bodies To Appeal a Decision of: Planning Commission City Planner Lead Department Staff Review Committee Advisory Body The Applicable Appeal Body is: City Council Planning Commission Planning Commission Planning Commission City Council (2 ~qppealr of E.¥emptions Any person may appeal the granting of an exemption within 10 calendar days following the date the decision-making body determines the project is exempt. The Appeal of the Exemption shall state clearly why the exemption does not apply to the specific project. D. ~4ppea/s of a Determina/ion that a Previous Environmental Documen! is ~4dequate Any person may appeal the determination that a Previous Environmental Document is adequate according to Section 15153 of the State CEQA Guidelines, within 10 calendar days following the date the decision-making body determines that a Previous Environmental Document is adequate. All appeals of such a determination shall be supported by evidence that the Previous Environmental Document and project do not satisfy the criteria of Section 15153. 47 Resolution No. 99-024 Page 55 E. Appeals of(Mitigate) Negat~ D~arations Any person may appeal the adoption of a (Mitigated) Negative Declaration within 10 calendar days. All appeals of (Mitigated) Negative Declarations shall be supported by evidence that the project may have a significant effect on the environment. Controversy not related to an environmental issue is not grounds for the preparation of an EIR. The appropriate decision-making body shall determine if the appeal contains substantial evidence using the following criteria: All evidence shall be relevant to the environmental issue and shall be documented. The evidence must be new material not already considered in the (Mitigated) Negative Declaration preparation process; and Such evidence must constitute a revised basis on which the decision- making body could find that reasonable doubt exists as to the possible significant environmental impact of the proposed project under the terms of CEQA and the Guidelines. Evidence shall show conflicts with the environmental analysis of the city and/or identify environmental impacts of a significant nature not considered in the Initial Study. Upon the City Planner and/or lead department deeming an appeal to contain the required evidence, the item shall be placed on the agenda to be considered by the appropriate decision-making body with 30 calendar days of the date the appeal is filed with the City. Public notice of the appeal hearing shall be given at least ten 10 days prior to the hearing by one of the following methods: Publication at least once in a newspaper of general circulation in the area affected by the proposed project; Posting on-site in the area where the project is to be located and posting on the City Hall Public Notice bulletin board; By direct mail to the owners of property within 300 feet of the subject property as shown on the latest equalized assessment roll. The notice shall also be mailed to the project applicant, all responsible agencies, and all public agencies having jurisdiction by law with respect to the project as deemed appropriate by the lead agency. 48 Resolution No. 99-024 Page 56 SEVERABIL / TY If any portion of these Guidelines is held unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 49 Resolution No. 99-024 Page 57 Xll. Appendices ~4ppendix.4 - CE~Q.4 IVlow CharT' .4ppendi~~ B- Time L~'mits~tbr Approval q/'Pffvate Development Prqec/s ~4ppendi~' C- Sign~can/ E~cts ~ppendL~ D-Prqects qSmtemide, Reffona/, orAreavide Sign~nce `4ppendi~' E - ~)t q Categoffca/ ~:~.¥em~tions .4ppendix ~7_ Smmto~ E.¥emptions ~dppe,,di~' 6- ~nvironmenta/ I,?fo~a/,o,, ~::~'Omz ~nit,~l Study, Pa~ `4ppendJ~' G. `4fiachmen/ `4 - W'ater Usc{~e and .~'ewer ~/ow.¢ .~ppendi~~ G, ~4~achmen/ B - ~t'al X3oo/ Dirtnets .~ppendi.¥ G. ~'t//achmen/ - ~[azardous ~.': )~s/e and .f ubstance Sites .-~ppendL¥ i'q ~ Cov~kteness ~er and (~;vmmen/s .4ppendL¥ I - Environmen/a/Check/is/t:~rm ~ni6a/ 3"mdff Pa~ II) `4ppendLY J - A~li/igation Moni/off~(~ Chec~:/~s/ 7ni~a/ Studff Pa~ III) .4ppendi.¥.]. .4//a3ment- Mitigatwn ~Ioni/oH~g and R~o~zng ~7o~ ....~ppendL¥ K- Notice qf E:cemption .-~ppendi.¥ L- N~ga/ive Declaration ~4ppendL¥ :¥I~ Nobce (Intent to .4dop/.~ative Declaration .4ppendL¥ N- No~ce ( Preparagon `4ppendLx~ 0 - No~ce q C~mpktion 50 Resolution No. 99-024 Page 58 Appaqdix P- Notice of Availabili~ E~ I~ Retx~ ~ ppo~Jix Q- Notice of Detomination A~ndix ~ - A ~ch~ ~mpacu 51 Resolution No. 99-024 Page 59 API~ENDIX A CEQA I~ROCESS FLOW C!!ART Public n::cnc% du'tcrmincs ',~,hcthcr the aclivd)' is a ~projccl' - .....................~ol .~ projcc~ ........................................... . dnd! lilt [)cclar,m~m II'uhlic nL4Cnc,', determines iflhc projoel I Nol exempt dclcrnmlc il'~hcrc i~ a pussjhd~ly lh.l: Ihc I'n~sildc signil;c;mt cll~cl I ...... N~ P~sslhlc si~4nil}c,ull ¢1'f¢cl ...... IDctcrnlm.m,,n hi' I,.:~d a~¢nc)'.~.h,:r,: rm,rc I I.'d,: ~tic,: nl'l:xcmpli,,n Ih.m I puhhc ;q:.tcncy is mvolscd County C'h.'rk Nn I"urlhcr actinn rcq nrcd ~dcrCT()A I c.~d agcrt¢) dccisi(m In prcp.~rc I:lKor Ncg:ni~c I"tCp.It*tlH:tt'tO rc~p,m~lhlc ~cI1C~ ~ Cumplctmn and ~vc~puhlic nolicc o~ a~ .~,l.~hdtly of dr alII J:l R ~C~ms~.llinn l'uhhc ~1 cad nFalcy Pr~p,~rss t~nM IjlR I I I ( ,m~,dcr;~Cn,n and ;~pprnv;d nf I H( hy d¢¢i~.mn-m4Lm~ body lc,~hHny (d' ~cduculg or aw)idm~ I:ilc Notitc or I)ctcfnt, in;~d~m ] '.,. ith C'ounly C'lcrk APPENDIX B TIME LIMITS FOR APPROVAL OF PRIVATE DEVELOPMENT PROJECTS Start 30 days Here A pp4~-_.a~mo~ Received DetenT~ne ~ether appl~atl(~ is complete (OC ~) Send Wr~en delerrnm, at ~n (30.OAYS) (P1 15 day exiens~o~ *) If ~o~"t is exey: Cm~ ~ apl~oveYd,sapt:xo,,,,e- tenlatn,m subdrv~o~ map + (GC [645Z1 and OC 66452 2) CA"y me'st ap.(xo~eYd~sapt:xo,,-~ (GC 65950 and 65957) Awaxd EIR Co~tra~t (PR2!!5! 5) (45~DAYS) This chad is intei3ded to inus~ate the ~ ~ es.~b6shed by State law ar~ does not estabh'sh any addmi~'~al trruts o~ the Cit)fS aui. horibf. No(hing in ~ Guideliras shall be cc~sbued to p~ovide fc~ automabc al:~rovaJ o! m I~Oied for any reason. ($0-OAYS) (Plus exler~x>n of up Io 100 days *) (60-DAYS) (Pk~s e~lensJon up 1o 90 days Aoog(or) of (~%t~ated) Necja[n,'~ DecCaraton (PR211515) (180-OAYS) (Plus ~eas~ab~e exlens~on *) I C~' mu~ app~oveYd~s. app~ove tentaide ~ ~p + (GC ~S~ 1 ~ ~52 2) C~ m~ a~d~ (GC ~ a~ ~ (50~]AYS) (Plus. e~lens~on of up to 100 days *) (60,-DAYS[ (Plus e~densi<~ up to 90 days -) E!R Prepa~t~w~ and Cerbr~catx:xq (ONe-YEAR) (PR211515) (Pk.~s teasortable e~e~ of up to ~ ~; C~ m~t a~d~~50~AYS) e~ ~e~ b~ to a~ ~ ) tenta~ su~ ~p · (PI~ e~ ~ e~t~ of P~ S~eamh~ Act deadli~ *) (GC ~52.1, ~522} C~ m~t a~d~ (180~AYS) all ~r ~ts (PI~ e~ens~ up to ~ da~ *} (OC ~. ~.~, ~ C~t of a~ r~ f~ ~ e~ If an ~ a~ ~k~ a r~~to ~ ~ ~~ t~ le~at~ su~ ~p. ~ a~ age~ ~ ~ ~ ~ ~ ~ ~ ~ m~ a~ ~in ~ da~ Resolution No. 99-024 Page 61 APPENDIX C SIGNIFICANT EFFECTS A project may be deemed to have a significant effect on the environment if it ',viii: (a) Conflict with adopted environmental plans and goals of the community ,.vilere it is located; (b) llavc a substantial. demonstrable, negative aesthetic effect; (c) Substantially affect an endangered, rare. or threatened species of animal or plant or the habitat of the species; (d) Interfere substantially with the movement of any resident or migratory tqsh or wildlife species; (e) Breach published national, st;tlc, or local standards relating to solid waste or litter control; (0 Substantially degrade water quality; (g) Contaminate a public water supply; (hi Substantially degrade or deplete ground water resources; (i) Interfere substantially wilh ground water recharge; (j) Disrupt or adversely affect a prehistoric or historic archaeological site or a property of historic or cuhural significance to a community or ethnic or social group; or a palcontological site except as part of a scientific study; (k) Induce substantial growth or concentration of population; (1) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; (m) Displace a large number of people; (n) Encourage activities which result in the use of large amounts of fuel. water, or c nc rgy; (o) Use fuel, water. or energy in a wasteful manner; Resolution No. 99-024 Page 62 (p) Increase substantially the ambient noise levels for adjoining areas; (q) Cause substantial flooding, erosion or siltation; (r) Expose people or structures 'm major geologic hazards; (s) Extend a sewer trunk line witl~ capacity to serve new development; (t) Substantially diminish habitat for fish, wildlife or plants; (u) Disrupt or divide the physical arrangement of an established community; (v) Create a potential public health hazard or involve the use, production or disposal of materials which pose a hazard to people or animal or plant populations in the area affected; (w) Conflict with established recreational, educational, religious or scientific uses ofthe (x) Violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations; (y) Convert prime agricultural land to nonagricultural use or impair the ngricultural productivity of prime agricultural land; (z) Interfere with emergency response plans or emergency evacuation plans. Resolution No. 99-024 Page 63 APPENDIX D PROJECTS OF STATEWIDE, REGIONAL, OR AREAWIDE SIGNIFICANCE Projects meeting the criteria listed in this appendix shall be deenled to be of statewide, regional, or areawide significance. EIR's or (Mitigated) Negative Declarations prepared by the Lead Agency on a project described below shall be submitted to the State Clearinghouse and should be submitted also to the local metropolitan association of governments. Tile Lead Agency shall deternline that a proposed project is of statewide. regional, or areawide significance if the project meets any of the following criteria: The project is a proposed local general plan, element, or amendment thereof for which an EIR was prepared. A project has the potential for causing significant effects on tile environment extending beyond the city or county in which the project would be located. Examples of the effects include generating significant amounts of traffic or substantially interfering with the attainment or maintenance of state or national air quality standards. Projects subject to this paragraph include: I. A proposed residential development of more than 500 dwelling units. A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space. A proposed commercial oflicc building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. 4. A proposed hotel/motel development of more than 500 rooms. A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,0t30 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. A project which would result in tile cancellation of an open space contract made pursuant to the California ~md Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres. A project for whictl an EIR was prepared which would be located in, and have a substantial impact upon, one of tile following areas of critical crtvironrncntal sensitivity as listed in Section 15206 of tile State CEQA Guidelines: Resolution No. 99-024 Page 64 1. The Lake Tahoe Basin. The Santa Monica Mountains Zone, as defined by Section 74663 of the Government Code. The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the Public Resources Code. An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public Resources Code. 5. The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220. 6. The Suisun Marsh as defined in Public Resources Code Section 29101. The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610. 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 species as defined by the State CEQA Guidelines. A project which would interfere with attainment of regional water quality standards as stated in the approved areawide waste treatment management plan. A project which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plan. 9841'203 9')")~13.~xx)~ ~,,a,~ 1731,196 {2) D-2 Resolution No. 99-024 Page 65 Note: (a) (b) (c) (d) (e) APPENDIX E LIST OF CATEGORICAL EXEMPTIONS A categorical exemption may not bc used for tile following projects: A project where timre is a reasonable possibility that the activity will have a significant effect on tile environment due to unusual circun~stances; When the cumulative impact of successive projects of the same type in tile same place, over time is significant; A project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within an official st;itc scenic highway, designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Ilighways Code, unless tile project consists of improvements as mitigation for a project for which a (Mitigated) Negative Declaration has been approved or an environmental impact report Ires bccn certified; and A project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. A project which may cause a substantial adverse change in the significance era historical resource. Class I: Existint: Facilities. Class I consists ofthcopcration, repair, maintenance. or minor alteration of existing public or private structures, facilities, mechanical equipment, or topo- graphical features, involving negligible or m~ expansion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or public utility services; (c) Existing highways and streets, sidewalks, gutters. bicycle and pedestrian trails, and similar hcilitics (this includes road grading for the purpose of puMic safety) except wilere tile activity will involve removal of a scenic resource including a stand of trees, a rock outcropping, or an historic building. Resolution No. 99-024 Page 66 (d) Restoration, or rehabilitation of deteriorated or damaged structures. rite;lit;es, 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 cnvirom'ncntal hazard such as earthquake, landslide, or flood: (e) Additions to existing structures provided that the addition will not result in :in increase of more than: (1) 50 percent of the floor area of tim structures before the addition, or 2500 square feet, ,.vbicl'mvcr is less; or (2) 10,000 square feet if: A. The project is in an area wtlcrc all public services and facilities ;ire available to allow for maxirnun~ development perr,'tissiblc in the General Plan, and B. The area in which the project is located is not environmentally sensitive. (r) Addition of safety or heahh protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topographical features including navigational devices: (g) New copy on existing on and off-premise signs; (b) Maintenance of existing landscaping, native gro,.vth, and ,.vatcr supply reservoirs (excluding the use of economic poisons, as defined in l)ivision 7, Chapter 2, Califoruia Agricultural Code); (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, stream flows, springs and water holes, and stream channels (clearing of debris) to protect fish and wildlife resources. (.j) Fish stocking by the California Department of Fish and Game. (k) Division of existing multiplc-filmily or single family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. Dcn'tolition and removal of individual small structures listed in Ihis subsect;on except where the structures are of historical, archaeological, or architectural significance: (l) One single-fitmily residence. In urbanizod areas, up to three single-tim'ally residences may bc demolished under titis exemption. Resolution No. 99-024 Page 67 (2) A duplex or similar multifim'fily residential structure. In urbanized areas, titis exemption applies to duplexes, and similar structures witere not more than six dwelling units will be demolished. (3) A store, nlotel, office, restaurant or similar small conlmercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, tile exemption also applies to the demolition of up to three such commercial buildings on sites zoned ['or such use. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (Ill) Minor repair and ahcrations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (n) Conversion of a single-family residence to oflice 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 tile unit is installed and operated in accordance with the Medical Waste blanagement Act (Section 25015, ct seq., of the Iiealth and Safety Code) and accepts no offsite waste. As used herein, the term "urbanized areas" incans 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 1000 persons per square mile. Class 2: Replacement Or P, econstructi(m. Class 2 consists of rcplaccmcnt or reconstruction of existing structures and facilities where tile new structure will be located on tile same site as the structure replaced and ',viii have substantially the SanlC purpose and capacity as the structure replaced, including but not limited to: (it) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than .50%. (b) Replacement of a comnlcrcial structure with a new structure of substantially tile same size, purpose and capacity. (c) P, cplaccmcnt or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (d) Conversion of overhead electric utility distribution system fitcilitics to underground. including connection to existing overhead electric utility distribution lines where the surface is restored t(> tile condition existing prior to the undergrounding. Resolution No. 99-024 Page 68 Class 3: New Construction Or Conversion Of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small 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 or to be associated with a project within a two-year period. Examples of this exemption include, but are not lin.tited to: (a) Single-family residences not in conjunction with tile building of two or more such units. In urbanized areas, up to three singlc-fiunily residences may be constructed or converted under this exemption. (b) Apartments, duplexes and similar structures with ['to more than fi)ur dwelling units if not in conjunction with tile building or conversion of two or more such structures. In urbanized areas, the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling units if not constructed in conjunction witl.t tile building or conversion of two or more such structures. (c) Stores, motels, offices, restaurants, and similar small structures not involving the use of significant amounts of hazardous substances, ifdesigned for an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures. In urbanizod areas, the exemption also applies to commercial buildings on sites zoned for such use, if designed for an occupant Ioad of 30 persons or less, if not constructed in conjunction with tile building of' four or more such structures and if not involving the use of significant amounts of hazardous substances. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (e) Accessory (appurtcnant) structures including garages, carports, patios, swimming pools and fences. (0 An accessory steam sterilization unit i'br tile treatment of medical waste at an existing facility occupied by a medical waste generator, provided that tile unit is installed and operated in accordance with the Medical Waste Management Act (Section 25015, ct seq.. of the Ilealth and Safety Code) and accepts no offsitc waste. "Urbanizod area" is defined in Class I above. Class 4: Minor Alterations To l.and. Class 4 consists of minor public or private alterations in the condition of land, watcr and/or vegetation which do not involve removal of mature, scenic trees except for fi)rcstry and agricultural purposes. Examples include but arc not limited to: Resolution No. 99-024 Page 69 (a) Grading on land with a slope of less than I0 percent, except that grading shall not be exempt in a waterway, in any wetland, in a scenic area officially designated by federal, state or local governmental action, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping. (c) Filling of earth into previously excavated land with material compatible with tile natural features of the site. (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent el'feets on the environment, including carnivals, sales of Chrism'u~s trees, etc. (0 Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (!1) The creation of bicycle lanes on existing rights-of-way. Class 5: Minor Alterations In l,and lJse [,imitations. Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than a 20% slope, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard and set back variances not resulting in tile creation of any new parcel. (b) Issuance of minor encroachment permits. (c) Reversion to acreage in accordance with the Subdivision Map Act. C!as.5 6: Information Collection. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major dis- turbance 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. (~las.5 7: Actions By Regulatory Agencies For Protection Of Natural Resources. Class 7 consists of action taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a mtural resource where the regulatory process 9~)2c)3 9*,~X13-O(XX~I s;~ 17314'~ {2) E-5 Resolution No. 99-024 Page 70 involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. Class 8: Actions By Regulatory Aecncies For Protection Of tile Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement. or protection or the environment wirere the regulatory process involves procedures for protection of tile environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption, Class 9: Inspections. Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products, Class 10: l.o:ms. Class 10 consists of loans made by tile Department of Veterans Affairs under the Veterans Farm and I[ome Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by fin:racial institutions. Class I0 includes but is not limited to the following examples: (a) Loans made by tile Department of Vctcrans Affifirs under the Veterans Farm and Ilornc Purchase Act of 1943. (b) Purchases of rnortgagcs from banks and mortgage companies by the Public Employees Retirement Systctn and by tile State Teachers Retirement System. Cla~s I1: Accessory Structt, rcs. Class I I consists of construction, or placement of minor structures accessory to (appurtcnant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On-premise signs; (b) Small parking lots; (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable rest rooms, or similar items in generally the sanre locations from tinre to time in publicly owned parks, stadiums, or other facilities designed for public use. Class 12: Surplus Government Property Sales. Class 12 consists ofsillcs orsurplus government property except for parcels of land located in an area or statewide, regional, or areawide concern its set forth in section (d) of Appendix D of these Guidelines. Ilowcvcr, if the surplus property to bc sold is located in such areas, its sale is exempt if: 98020.~ '~,~,~)]-O~XXII ~a'. 17,~14'16 (2) E-6 Resolution No. 99-024 Page 71 (a) The property does not have significant values for wildli£e habitat or other environmental purposes. 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. Class 13: Acquisition Of I.ands For Wildlil~ Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. Class 14: Minor Additions To Schools. Class 14 consists of nilnor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption. Class 15: Mirror [.and Divisions. Class 15 consists ofthcdivisionofpropcrtyinurbanizcdarcas 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 exceptions are required. all services and access to the proposed parcels to local standards are available. the parcel was not involved in a division of a larger parcel within the previous 2 years. and the parcel does not have an average slope greater than 20%. "Urbanizod area" is defined in Class I above. Class 16: Transfer Of Ownership Of Land in Order To Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either: (a) The management plan for the park has not been prepared, or (b) Thc management plan proposes to kccp the area in a natural condition or prescrvc the historic or archaeological site. CEQA will apply when a management plan is proposed that will change thc area from its natur~,l condition or significantly change the historic or archaeological site. 1731406 (2) Resolution No. 99-024 Page 72 Class 17: Open Space Contracts Or Easenlents. 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. Tile cancellation of such preserves, contracts, interests, or easements is not included in this exemption and will normally be an action subject to the CEQA process. Class 18: Desie. nation Of Wilderness Areas. Class 18 consists of tile designation of wilderness areas under tile California Wilderness System. Class 19: Annexations Of Existing Facililies and l.ots For Exempt Facilities. Class 19 consists of only the following annexations: (a) Annexations to a city or special district of areas containing existing public or priw~tc structures developed to the density allowed by the current zoning or pre-zoning of either tile gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing £acilities would have a capacity to serve only the existing facilities. (b) Annexations of individual small parcels of tile n'fininlum size for facilities cxenlpted under Class 3 above. Class 20: Chanqes In Organization Of l.ocal Agencies. Class 20 consists of changes in tile organization or reorganization of local governmental agencies wilere tile changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishnlcnt of a subsidiary district. (b) Consolidation of two or nlorc districts having identical powers. (c) Merger with a city of a district lying entirely within tile boundaries of tile city. Class 21: Enforcenlent Actions. Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement era law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limitcd to, the following: (a) 'File direct referral of a violation of lease. permit. license. certificate, or entitlement for use or of a general rule, standard, or objective to Ihc Attorney General. District Attorney, or City Attorney as appropriate, for judicial enforcement. Resolution No. 99-024 Page 73 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. (c) Law enforcement activities by peace officers acting under any law titat provides criminal sanction. Construction activities undertaken by the public agency taking tile enlbrccmcnt or revocation action are not included in this exemption. Class 22: Educational Or Training Programslnvolvint~NoPhysicaICbant~es. Class 22 consists of the adoption, alteration, or termin:uion of educational or training programs which involve no physical alteration in tim area affcctcd or which involve physical changes only in tim interior of existing school or training structures. Examples include, but arc not limited to: (at Development of or cllang¢s in curriculum or training nlcthods. (b) Changes in tile grade structure in a school which do not result in changes in student transportation. Class 23: Normal Operations Of Facilities For Public Gatherings. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history ofthc facility bcing uscd for tlm same kind ofpurposc. For purposes of this section, "past I)istory" shall mean flint the same or similar kind of activity has bccn occurring at least three years and that there is a reasonable expectation that the future occurrence of the activity would not rcprcscntachangc inthcopcrationofthc facility. Facilities included within titis exemption include. but are not limited to, racctr;,cks, stadiums, convention centers, auditoriums, amphitheaters, planctariums, swimming pools and amusement parks. Class 24: Retzulatic)n Of Working Conditions. Class 24 consists of actions taken by regulatory agencies, including tile Industrial Welfare Commission as authorized by statute, to regulate any of the following: (at Employee wages, (b) t lours of work, or (c) Working conditions where there will be no demonstrable physical changcs outside the place of work. Class 25: Transfers Of Ownership Of Interests In !,and To Preserve Opcn Space. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to: 0'.~12113 ,rr~()34Xl)~)l a.~ 17.114'h', (21 E-9 Resolution No. 99-024 Page 74 (a) Acquisition of areas to preserve the existing natural conditions. (b) Acquisition of areas to allow continued agricultural use of the arelts. (c) Acquisition to allow restoration of natural conditions. (d) Acquisition to prevent cncroachn~cnt of development into flood plains. Class 26: Acquisition Of Ilousing For llousing Assistance Programs. Class 26 consists of actions by a rcdeveloprncnt agency, housing authority, or other public agency to impion'tent an adopted Ilousing Assistance Phm by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. Class 27: l.casint~ New Facilities. Class 27 consists of the Icasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local govern- ing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility: (a) Shall be in conformance with existing state plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared, (b) Shall be substantially the same as that originally proposed at the tirnc tile building permit was issued, (c) Shall not result in a traffic increase ofgrcatcr than 10% of front access road cap;,city, and (d) Shall include the provision of adequate employee and visitor parking facilities. Examples of projects within 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) Ixasing of administrative and/or client service offices in newly constructed industrial parks. Class 28: Small l lydroclcctric Projects At Existing Facilities. Class 28 consists of the installation of hydroelectric generating fi~cilities in connectkin with existing dams, can;ils, and pipelines where: 9~12113 9'~'x134XXx)l ~a~ 17314'~5 (2) F~- [ 0 Resolution No. 99-024 Page 75 (a) The capacity of the generating facilities is 5 megawatts or less. (b) Operation of the generating facilities will not change the How 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 release. (c) New power lines to connect the generating fimilitics 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) Repair or reconstruction of the diversion structure will not raise the normal maximum surfi~cc elevation of the impoundment. (e) There ,,viii be no significant upstream or downstream passage of fish affected by the project. (0 1'he discharge from tile power house will not be located more than 300 feet from the toe of the diversion structure. (g) The project '`viii not cause violations of applicable state or federal water quality standards. (ll) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of' Ilistoric l'laccs, and (i) Construction will not occur in tile vicinity of any endangered, rare or threatened species. Class 29: Cottonoration 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 tile conditions described in this section. (a) At existing industrial fimilitics, the installation of cogeneration fimilitics will be exempt wilere it will: (i) Result in no not increases in air cmissions from the industrial fi~cility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in tile county, and Resolution No. 99-024 (b) Page 76 (2) Comply with all applicable state, federal, and local air quality laws. At commercial and institutional facilities, the installation of cogeneration fitcilities 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, and (3) Be contiguous to other commcrcial or institutional structures. Resolution No. 99-024 Page 77 APPENDIX F LIST OF STATUTORY EXEMPTIONS The Ibllowing is it partial list of statutory exemptions which are available pursuant to tile Public Resources Code § 21080 et seq, State CEQA Guidelines Sections 15260 et seq., and other provisions of state law, as listed below, which should bc referred to whenever additional detail or clarification is necessary. This list is not exclusive. This list is provided for convenience, theretbre if there is any conflict between this list and state law, the state law controls. A similar list may be found in State CEQA Guidelines Section 15282. 1. Ministerial projects proposed to be carried out or approved by public agencies. 2. Emergency repairs to public service fi~cilities necessary to maintain service. o Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or fimilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of tim Government Code. Specific actions necessary to prevent or mitigate an emergency. Projects v,'hicb a public agency rejects or disapproves. A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations an parking facilities. A project fi~r the institution or increase of passenger or commuter service on high- occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities. Facility extensions not to exceed four miles in length which arc required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5 of the Public Resources Code. Any site-specific effect of the project which was not analyzed as a significant cffizct in the plan or other written documentation required by Section 21080.5 is not exempt from the requirements of CEQA. Resolution No. 99-024 Page 78 10. 11. 12. 13. 14. 15. 16. 17. 18. A project involving only feasibility or planning studies for possible future actions which the agency, board, or conlmission, 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. A project of less than one nlilc ill length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the nlaintcnancc, repair, restoration, reconditioning, relocation, replacement, tenloyal, or demolition of an existing pipelille. For purposes of this paragraph, "pipeline" includes subsurfitce facilities but does not include any surfitce facility related to the operation of the underground facility. Adoption by a city or county of an ordinance to implement tile provisions of Sections 65852.1 or 65852.2 of the Government Code, regarding second units in residential zones. Tile conversion of an existing rental mobile home park to a resident-initiated subdivision, cooperative, or condorniniunl for mobile honlcs if the conversion will not result ill an exp:msion of or change in existing use of tile property. Local agencies are exempt from the requirement to prepare an EIR or negative declaration on the adoption of tinlberland preserve zones under Government Code Sections 51100 e_! seq. A time extension granted by the Office of F'lannir|g and Research for tile prcparatiorl or adoption of one or more elements to a general plan. The cstablislu'ner~t, modification, structuring, restructuring, or approval of rates, tolls, flirts, and other charges for the purpose of: (1) meeting operating expenses, including employee wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment, or materials; (3) meeting financial reserve needs and rcquircnlents; (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. Rate increases to fund capital projects for the expansion of a systenl remain subject to CEQA. The public agency seeking use of this exemption shall incorporate written findings in tile record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the bltsis for the claim of exenlption. The excavation and disposal of Native Americar! hunlar~ remains pursuant to Section 5097.98 of the Public Resources Code. The adoption of it local ordinance exempting a jurisdiction from solar shade control rcquircnlcnts pursuant to Section 25985 of tile Public Resources Code. Resolution No. 99-024 Page 79 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Approval by a local agency era large family day care horne pursuant to Section 1597.46 of the Health & Safety Code. Any project which only involves the repiping, redesign, or use of reclaimed water by a nonresidential structure necessary to comply with a requirement issued by a public agency pursuant to Section 13554(a) of the Water Code. This exemption shall not apply to any project to develop reclaimed water, to construct conveyance facilities for reclaimed water, or any other project not specified in Section 13554(a) of the Witter Code. A project involving the construction of housing or neighborhood commercial facilities in an urbanized arelt that is covered by a specific plan prepared pursuant to Government Code Section 65450 et seq. for which an EIR was prepared and certified. provided certain findings are made pursuant to Public Resources Code Section 21080.7. Any railroad grltde separation project which elin'finates an existing grade crossing or which reconstructs an existing grade separation. A proposal to establish, revise or adopt regional housing needs for the share of housing needs of persons or all income levels for a city or county by the Depi~rtment of Iiousing and Community Development, and any recommendation by a city or county for a revision to such proposal pursuant to Government Code Section 65584. Any actions necessary to bring a city general plan or one or rnorc clements thereof into compliance with any court order orjudgmcnt pursuant to Government Code Section 65759. A temporary change in the point of diversion, place or use or purpose of the use of water duc to a transfer or change of water rights under certain limited circumstances spccilicd in California Water Code Section 1725 c_t seq. The adoption or amendment of a nondisposal fitcility clement pursuant to Section 41730 et seq. of the Public Resources Code (Public Resources Code Section 71735). The adoption or amendment of an Urban Water Managemerit Plan pursuant to Section 10610 et seq. of the California Water Code (Witter Code Section 10851) or to the adoption or amendment of a groundwater plan pursuant to Section 10750 et seq. of the California Witter Code (Water Code Section 10851). A project involving the construction. conversion or use of residential housing for agricultural employees under certain circumstances pursuant to Public Resources Code Section 21080.10 and State CEQA Guidelines Section 15279. Resolution No. 99-024 Page 80 29. A project involving the construction, conversion or use of 45 or more units of low income residential housing provided all conditions of Public Resources Code Section 21080.14 and State CEQA Guidelines Section 15280 are satisfied. 30. A project for restriping streets or highways to relieve traffic congestion. 31. "I'hc adoption of a local coastal program or a long range land use development plan pursuant to Division 20 of the Public Resources Code. C~ty of Ranclio Cucarnong,~ (909) 477-2750 APPENDIX G Resolution No. 99-024 Page 81 ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City policies, ordinances, and guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. GENERAL INFORMA T!ON: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Please note that it is the responsibility of the applicant to ensure It~al the application is complete at the hmo of submzttal,' C~ty staff will not be available to porfon-n work required to provide missing information. Applicalion Number for the project to which lhis fon'~ pertains,' Pro]oct T~tlo.' Name & Address of project ownor(s)' Name & Address of developer or project sponsor,' Contact Por~on & Address.' Telephotm Number.' Name & Address of person prepanng th~s fom~ (if dtfforonf from above). Telephone Number,' INITSTD1.WPD - 4/96 Page 1 oi' 10 Resolution No. 99-024 Page 82 PROJECT lNFOI~MA TION & DESCRIPTION Information indicated by asterysk (') is not required of non.construction CUP's unless otherwise requested by staff. · 1) Provide a full scale (8-1/'2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaryos. Provide a sot of color photographs which show representative views into the site from the north, south, east and west; views into and i'qsn?. the site from the prymary acco$$ points which serve tt~e site; and representative views of significant features (~nl the site, Include a map showing location of each photograph. 3) Project Location (descrYbe).' 4) Assessor's Parcel Numbers (attach addilional sheet ff necessary)' '5) Gross Site Area (ac./sq. '6) Not Silo Area (total site size minus area of public streets & proposed dedications): 7) Descnbo any proposed general plan amendment or z one change which would affect the project silo (attach additional shoot if necessary.* 8) Include e description of oil pore'Tits which will be necessary from the City of Rancho Cucamonga end other govorr~montal agencies in order to fully implemon! the project,' INITSTD1.WPD - 4/96 Page 2 of 10 Resolution No. 99-024 Page 83 Describe the physical setting of the site as it exists before the project including infon'nation on topography. soil stabifity. p/ants and an/reals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, site all sources of information (Le., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): 10) Oescn'bo the known cultural and/or historical aspecls of [he $~le, S~te aft sources of information (books, published reports and oral history): 1 I) Describe any noise sources and their levels that rlc)w affect the site (aircraft. roadway noise, etc.) end how they will affect proposed uses' INITSTD1.WPD - 4/96 Page 3 of 10 Resolution No. 99-024 Page 84 12) Describe the proposed project in detail, This should previde an adequate descnplion of the site in terms of ultimate use which will result from the prosed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if nocessaO/: Descnbe the surrounding properties, including mfonnahon on plants and animals and any cultural, historical. or scenic aspects Indraate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores. etc.)and scale of development (height, frontage, setback, rear yard, etc) 14) W~11 the proposed project change tile pattern, scale or character of tile surrounding general area of the prejoct? 15) Indicate tile type of short-term and long-term noise to be generated, including source and amount, How will these noise levels aftoct adjacent preporties and on-site uses What methods of sound proofing are proposed? INITSTDI.WPD - 4/96 Page 4 of 10 Resolution No. 99-024 Page 85 "16) Indicate proposed ramovals and/or replacements of mature or scenic trees: 17) Indicate any bodies of water (including domestic water' supplies) into which the site drains: the Cucamonga County Water Distnct at 987-2591. a Residential (ga,/day) b. Commercial/lnd (gal/day/ac) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact Peak use (gaitDay) Peak use (gal/m/n/ac) Indicate proposed method of sewage d/sposaL ~ Septic Tank__ Sewer, If sephc tanks are proposed. ~ttach percolafion tests If d~scharcJe to a sanitary sewage system is proposed ind~c'ate expected daily sewage generation' (See Attachment A for usage estimates). For fuzlhor clanficahon, please contact the Cucamonga County Water District at g87.259 f . a. Residential (gaitday) b. Commorcia~nd. (gal/day/ac) RESIDENTIAL PROJECTS; 20) Number of residential units.' Detached (indicate range al pareal sizes, minimum lot size and maximum lot size' INITSTDI.WPD - 4/96 Page 5 of 10 Resolution No. 99-024 Page 86 Affa~h~'d (indicate whether units are rental or for sate units). Anticipated range of sale prices and/or rents.' Sale Price(s) $ Rent (per month) 22) Specify number of bedrooms by unit type.' to to $ 23) Indicate anticipated household size by unit type.' 24) Indicate the expected number of school children who w~11 be residing wdh~n the pro/oct.' D~slncts as shown in Attachment B. a. Elementao,: Junior High.' c. Senior High COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses.' Contact the appropriate School 26) Total floor area of commercial, industrial, or institutional uses by type' INITSTDI.WPD - 4/96 Page 6 of 10 Resolution No. 99-024 Page 87 27) Indicate hours of operation: 28) Number of employees,' Total: Maximum Shift, Time of Maximum Shift: Provide breakdown of anticipated job classificahon$, including wage and salary ranges. as weft as an fi~d/cation of the rate of hire for each classification (attach add/banal shoot/f necessary).' 30) Estimation of the number of workers to be hired that cunmntly reside in the C~ty: "3 I) For commercial end industn'al uses only, indicate the sourCe, type and amount of air polluhon omissions (Data should be vanfled through the South Coast Air Quahty Management D/$tnct. at (818) 572-6283); ALl. PROJECTS 32) Have the water, sower, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate sorv/co to the proposed project? If so, please indicate their response. INITSTDI.WPD - 4/96 Page 7 of 10 Resolution No. 99-024 Page 88 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic matoffals include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, so/vents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and descn'be their use, storage, and/or discharge on the property. as well as the dates of use, if known. 3~) IA411 the proposed project involve the temporary or long.term use, storage or discharge of hazardous and/or toxic materials, Mcluding but not timired 1o those examples hsled above ? If yes, provide an inventory of all such matoffals to be used and proposed method of disposal. The location of such uses, along wifh the storage and shipment areas, shall be shown and labeled on the appfication plans. I hereby certify that Iho statements furnished above and in tile attached exhibits present the data and infamyalien required for adequate evaluation of this project to the best of my abihty. Illat the facts. slalomants. and information presented are true and con'oct tot he best of my knowledge and behar. I further undor~tand that additional infom~ation may be required to be submalted before an adequate evaluahon can be made by the C~ty of Rancho Cucamonga, Data.' Signature ,' T410.' INITSTDI.WPD - 4~96 Page 8 of 10 Resolution No. 99-024 Page 89 ATTACHMENT A Water Usage Average use per day Residential Single Family Apt/Condo Commercial/Industrial General and Regional Commercial Neighborhood Commercial General Industrial Industrial Park Peak Usage For all uses Average use x 2.0 600 gal/day 400 gal/day 3000 gal/day/ac 1500 gal/day/ac 1500 gal/day/ac 3000 gal/day/ac Sewer Flows Resldontlal Single Family Apt/Condos Commercial/Industrial General Commercial Neighborhood Commercial General Industrial Heavy Industrial Source: Cucamonga County Water District Master Plan, 9/86 270 gaP/day 200 gallday 2000 gal/day/ac 100-1500 gal/day/ac 2000 gal/day/ac 3000 gal/day/ac INITSTDI,WPD - 4/96 Page 9 olr 10 Resolution No. 99-024 Page 90 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F RanchoCucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue RanchoCucamonga, CA 91730 (909) 987-8942 E/iwanda 5959 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Charley High School 211 West 5th SIreet Ontario, CA 91762 (909) 988-8511 INITSTDI.WPD - 4/96 Page 10 of 10