Loading...
HomeMy WebLinkAboutCC RES 77-122 RESOLUTION' NO. 77-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING RESOLUTIONS NO. 74-8 AND 74-9 AND ADOPTING NEW PROCESSES AND PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Whereas the Secretary for Resources, as required by Section 21083 of the Public Resources Code, has adopted Guidelines for the implementation of the California Environmental Quality Act, and Whereas public agencies are required, pursuant to Section 21082 of the Public Resources Code of the State of California, to adopt objectives, criteria and procedures for the evaluation and the preparation of environmental impact reports and negative declarations pursuant to the California Environmental Quality Act of 1970, as amended, and consistent with the guidelines as adopted by the Secretary for Resources. Now, therefore, the City Council of the City of Tustin resolves as follows- Section 1. The objectives, criteria and procedures to b~ ~sed by the City of Tustin for the evaluation of projects and processing of environmental documents shall be as herein set forth. Section 2. Said objectives, criteria and procedures are consistent with the Environmental Quality Act of 1970, as amended, and with the Guidelines for Imple- mentation of the California Environmental Quality Act of 1970. Section 3. Resolutions No. 74-8, entitled "A Resolution of the City Council of the City of TUstin. Establishing Fees and Procedures for Processing Environmental Impact Reports and Rescinding Resolution No. 73-22." and Resolution No. 74-9, entitled "A Resolution of the City Council of the City of Tustin, California, .amending Resolution No. 73-24, Environmental Impact Report Guidelines and Procedures." dated 4 February 1974, are hereby repealed in their entirety. Section 4. The following appendices are incorporated herein and adopted for the implementation of the requirements of the California Environmental Quality Act. A- Environmental Policy Guidelines B- Contents of Environmental Impact Reports C - Procedures and Fees PASSED AND ADOPTED at a regular meeting of the City · Council of the City if Tustin' on the 21st day of November, 1977. ATTEST- MAY'OR' ~/ ....... ~,TATE OF ~%LIFOF~IA) · C~OUNTY OF OID%~;GE )SS ' CITY OF TUSTIN ) · RUTI! C. POE, City Clerk and ex-officio Clerk of the City Council of tI~e City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tust. in is five; that the above and foregoing Resolution No.77-1'22 was duly and regularly introduced, read, passed and adopted at a regular meeting of the 'City Council held on the 21st day of Noveber, 1977, by the following vote- . AYES: · ~OES.' ABSENT - COUNCII24EN- SHARP, WELSH, EDGAR, SALTARELLI, SCHUSTER , · COUNCILMEN- NONE NONE ' COUNCILMEN ' . ~i~Y cler)% ~t~-' 6£ "TUS'~in ,- 'Call fo~hi a ...... .e ~~ APPENDZN A EN~IRONI~I:NTAL QUALITY GUIDELINES Tab~.e of Contents Section Title Page 1. AUTIIORITY 1 2. PURPOSE . . . . . 1 3 . POLICY . . . 1 4. APPLICABILITY . . . . 2 5. DEFINITIONS 5 6. RESPONSIBILITIES . . 7 7. APPLICATION OF C.E. Q.A. 'i'O PROJECTS 8 8. EXEP~IPTIONS . . 14 9. PROJECT EVALL'ATZON ~~ 9.1 Pre-Application Conference • 24 9. 2 Initial Study 24 9.3 Dctermir.ation of Significant Effect 2C 9.4 iv'egative Declaration Process 28 9.5 Environmental Impact Report Requirements . 30 9.51 EZP~ Content 30 9.52 Degree of Specificity . . 30 9.53 Incorpora~~,ion by Reference 31 9.5~! EZR I~rocess 31 9.55 Distribution of Draft EIR . . 34 9. 5G Public Bearings . 36 9.57 Final. EII~ . 36 9. 5S Statement of Overriding Consideratians• 37 9.59 ivToti ce of DL terminat ion 37 1Q. AP?aEALS . . . . 38 EN.IiZBITS A-1 Notice of Excmpt:ian A-2 Initial Study A-3 Notice of ~Uga.tive Leclara~.:ior~ A-4 Notice of Dt~terrrination - ~?el;ative Declarat~ on A-5 Nat ice of C;c}r„plc~tian A-C Agencies II;~ving Jurisdiction By Lacy APPEIv'D~t1 ll ENVIRONI4ENTAL QUALITY GUIDELINES 1. AUTHORITY Policies and Procedures for the implementation of the California Environl~lental C~uality Act of 1970 (CEC~A) are hereby adopted pur- suz;.nt to the Public Resources Cade Sections 21000-21174,. as amended by Chapter 1154 of the Statutes of 1972, to be consis- tent with the Guidelines for Implementation of the California Environmental t~uality Act of 1970, as amended, by the Secretary for Resources (Division 6, Title 14, Section 15000 et seq.}. 2. PURPOSE The purpose of these Guidelines and Procedures as herein. or here- after adopted by the City Council is to provide the public, gov- ernmental agencies and departments «rith principles, objectives, criteria, definitions, and procedures for tllc implementation of the California Environmental C~uality Act, An Environ:riontal Impact Report will inform the City Council and the general public of the environmental effects of projects they propose to carry out or approve. 3. POLICE 3.1 It is the policy of the City of Tustin to comply with the spirit and intent of the Environmental duality Act and Regu- lations related thereto far the purpose of maintaining a high quality environment for present and future generations. The objectives of efficiencyT and si-nplicity7 in applicable pro- cedures will be stressed. Emphasis ti~aill be placed upon miti- gating factors that can contribute to the presertTation and enliance~r,ent of the social, economic, and physical environ- ment. S,2 Consideration shall be given to qualitative factors as well as economic and technical factors and long-term benefits and casts and to alternatives to proposed actions affecting the environment. :3.3 The City Council shall give major consideration to prevent- ing environmental damn_ge, but retains the obligation~to bal- ance other public objectives, including economic and social factors, in determining whether and how a project should be approved. Resolution No. 3.~ Envi.rc7t7mental documents should be prepared as early as feasible in the planning process. The consideration of enviranlt~ental_ documents shall be coardinateci with the review acid appraval processes for projects within the City of Tustin. 3.5 The EIR serves as a public disclosure document explaining the effects of a proposed project on the enviranu~ental alter- natives to the project, arzd ways to minimize adverse effects and to increase beneficial effects. It does not have to be prepared by a registered professional. ~~'here technical studies are required for design, construction, or operation of a project, they shall be prepared by a registered engi- neer, land surveyor, forester, geologist, geophysicist, and such other professionals as mandated by State law, and such documents may be submitted in support of an EIR. 4. APPLICABILITY The requirements set Earth in these Guidelines apply to projects tiE=hick may slave a significant effect on the environment and which involve discretionary governmental action. ~Yhere it can be seen with certainty that the activity in question will not have a sig- nificant effect on the environment and the activity is not cov- ered by the requirements set Earth in CEt)A, these guidelines and requirements for Environmental Impact Reports do not apply. 5. DEFII~?ITIO~TS 5.1 General-. ~9henever the folloc=ping t~=ords are used in these guidelines, and procedures, they shall have the meanings hereinafter set Earth. In the event of conflict of inter- pretation or ambiguity, the definitions used in the Calif- ornia Environmental C~uality Act and the Guidelines adopted by the Resources Agency of the Slate of California shall control. h,2 Applicant. Applicant means a person zvho proposes to carry out a project which needs a lease, permit, license, certi- ficate, or other. entitlement to use ar financial assistance from one or more public agencies ~~Then that person applies far the governmental appraval or assistance. 5.3 A~?prati~~zl, Approval means the decision by a public agency z:7hich commits the agency to a definite course of action. in regard to a project intended to be carried out by any per- son, A majority action of the City Council to commit resources to a project is the effective da~t.;e of approval, and said date shall not be later than the approval of plans and spccificatians of a project by minute order, resolution or ©rdinance. The adoption of the City ~3udget dies not con- stitute autizorizatiorz for a project if later appraval is to be considered as a part of the normal decision-making process. Resolution No. 2 ~ In connection ,~r~itil private activities, approval occurs upon the earla_est committT~<~nt to issue or the issuance by the pub- lic agency of a discreti_onar~= contract, grant, sltbsidy, loan, or other :form of financial as7z.7tance, lease, permit, lic- ense, certificate, or other entitlement for use of the pro- .. jest. 5.~1 CE(~~1 - California Environmental C?lzalitS= tlct. California California public Environmental C~uality tact {C1~:C?~1) mean~~ Resources Cade Sections 21000 through 2117. 5.5 Categorical. E~.emntion. Categorical Exemption means an excep- tion from the reciuirements of CIa}A for a eiass of projects based on a f indin ; by tine Secretary for f~esources that the class of projects dogs not have a significant effect on the environment. 5. 6 Cumulative Impacts . C~iniulative il7~pac is refer to two or more individual effects which, wren considered together, are con- siderable or ~=,hich compound or increase other environmental impacts. The individual effects r~~ay be changes resulting from a single project or a number of separate projects• 5.'~ Discretionar~,= project. Discretionary project means an activ- ity defined as a project which requires the exercise o:f judg- ment, deliberation, or decision on the part of the City Council or p1_anning ~'~genny approving a particular activity: as di.~t:inuisized from situations ~.~here the p~;bl~_c agency or body merely i~~~s to detcrmin~ whetizer there 1~.as been confor- mity with applicable statutes, ordinances, or regulations. 5.8 Emergency. Emergency -7~eans a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Zmergency includes such occurrences as fire, flood, earthqual~e, or other soil or geologic movements, as well as such occurrences as riot, accident or sabotage. 5.9 Environment. The totality of man's surroundings including social, econon.ic and physical factors. The physical con- ditions mean those which exist in the area ~~rhich will be affected by a proposed project, including land, air, wat°r, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. 5.1.0 Environmental Z~c,c~zments. Environmental documents means draft and fi~lal L;li~:s, initial studies, nc~~ative declara- tions, notices of cozapletion, and notices of determination. 5.1.1 EIR - Environmental Imt~act Rc=fort. ~ Enviz,onm~ntaforth ath e Report (EIR} r,leins a detailed ~~t<zt~.ri.~-nt ~t~tt' r, environmental effects find considerations i~ertaining to Resolution Na. 3 a project as specified in Section `1100 of the California Environmental Quality t'~ct. a. Draft EIR means an EIR containing the information specified in Appendix B~of these Guidelines. b.Final. EIR means an EIR containing the information specified in Appendix B of these Guidelines, a sec- tion for comments received in the consultation pro- ` cess, and the response of the Lead ~-~~ency to the comments received. This term is discussed in detail in Section 15146 of the Public Resources Guideline, 5.12 EIS - En~Tironmental_ Im~~act Statement. Environmental Impact Statement {EIS) means an environmental impact report pre- pared pursuant to the National Environmental Policy pct; (NEPA). The Federal Government uses the term EIS in the place of the term EIR which is used in CEQA. 5.13 Feasible. Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 5.14 Initial Study. Initial study means a preliminary analysis prepared by the Lead Agency pursuant to Section 15050 of the State Guidelines to determine whether an EIR or a Nega- tive Declaration must be prepared.. 5.15 Jurisdiction by La~~a. Jurisdiction by La~~~ means the author- ity of any public agency: a. to grant a permit or other entitlement for use, b. to provide funding for the project in question, ar c. to exercise authority over resources ~~~hich may be affected by the project. 5.16 Lead Agency. Lead Agency means the public agency which has the principal responsibility for preparing environmental documents and for carrying out ar approving a project a°hich may have a significant effect on the environment. 5.17 Local A~enc Loea~_ agency means any public agency other than a State agency, board or com~~ission. Local agency includes but is not limited to ci.t~_es, counties, charter _ cities and counties, districts, school districts, special districts, redeve~_opment agencies, local. agency formation commissions, a~~d at7y board, commi.ssi_on, or organisational. subdivision of a 1_o cal agency when so designated by order or resolution of tl~e governing lcgislativc body of the local agency. Resolution No. 4 s~ 5.18 ~,i~,y., IGiay ide~ztifics a permissive element ;vh.ich is left fully to the discretion of the public ager7clues involved., 5.10 ",ii.nisterial. I'z•o____.'ects. ~.iinister~.al projects as a general rule includc~~t,liose activities defined as projects which are utzdertal~en or approved by a governmental decision d~~hich a Intblic officer or public agetlcy makes upon a given st~a.te of facts in a prescri_bcd manner ir. obedience to the man- date of legal authority. IVith these prof{-~.~,ts, the officer or agency must act upon the given :facts t~.~_: ~uitotzt regard to his own judgment or opinion concerning th~:,~ propriety or wisdom of the act although the statute, ordinance, or regu- lation may require, in some degree, a construction of its language by the officer. In sum~~.ary, a ministerial deci- sio~l involves only the use of fixed standards or objective measurements without personal judgment. 5.20 'dust or Sha1.1.. :Bust or shall identifies a mandatory ele- ment ~~~hich all public agencies arc required to fellow, 5.21 Negative Dec~_aration. Negative declaration means a writ- ten statement by the Lead Agency briefly describing the reasons that a proposed project, although not otherwise exempt, tivill not have a significant effect on the envir- onment and therefore does not require the preparation of an I?~IR. 5.22 Notice of Com~~~l.etion. Notice of Completion means a brief report filed «rI_th the Secretary 1'or Resources as soon as a lead agency has completed a draft EIR and is prepared to send out copies for review. 5.23 Notice of Determination. Notice of Determination means a brief notice to be filed by a public agency when it approves or determines to carry out a project which is subject to the requirements of CI~QA. 5.2~ Iy'otice of Exe-nptian. Notice of exemption means a brief notice ~x~hicix may be filed by a public agency when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an emergency project. Such a notice may also be filed by an applicant tr'here such a determination has been made by a public agency which must approve the project. 5.25 person, person includes any person, firm, association, organi~atian, partnership, business, trust, corporation, company, district, county, city az~cl county, city, town, the State, and any of the agencies' political subdivisions of such entities. Resolution No. 5 5.26 Project. a. Project means the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, that is any of the following: (1) An activity directly undert~lien by any public agency, including btzt not limited to public ti~Jorl~s con- struction 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 Sec- tions 65100-657flfl. (2) An activity undertaken by a person ~=,~hich is sup- ported in thole or in part through public agency con- tracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other enti- tlement for use by one or more public agencies. b. Project does not include: (1) Anything specifically exempted by State law. {2) Proposals for legislation to be enacted by the State Legislature. (3} Cont;inning administrative or maintenance activities, such as purchases for supplies, personnel.-related actions, emergency repairs to public service facilities, general policy and procedure meshing (except as they are applied to specific instances covered above}, feasibil- ity or planning studies. (4} The submittal of proposals to a vote of the people of the State or of a particular community. c. The term "project" refers to the activity tt=hich is being approved and ~:~hich may be subject to several discretion- ary approvals by gavernmental agencies. The term "pro- ject" does not mean each separate gavernmental approval. 5.27 Public Az~ency. Public Agency includes any State agency, board, or coi:~rnission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the State. This term does include agencies of the federal Government. Resolution No. 6 5.28 Re~?c?nsible 1lrrencv. Rest~onsible <~.rency means a public agency ca~hich proposes to carry out a project, but ~ not the Ie~~.d agency for the project. It incluclcs all public agencies other than the lead agency which have approval power over the project. 5.29 Should. Shau7.d identifies guidance provided by the Seere:tary for Resources based on policy considerations contained in CEt~A, in the legisla.~tive history a~ the ~~ ` ~~tute, or in Fed- eral court decisions which California cou~~s can be expected to follow. Public agencies are advised to fallow this guidance in the absence of compelling, countervailing con- siderations, 5.30 Significant Effect on the Environment . Significant effect on the environ~.~ent means a substantial, or potentially sub- stantial, adverse change in any of the ptr;~sical conditions within the area affected bythe activity, including land, air, Gvater, rl~inerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. 6. RESPONSIBILITIES 0.1 Public Agencies. The City of Tustin, its ~.gencies and depar'ct~~ents, and other governmental age~~cies operating within the incorporated limits of the City- of Tustin, are responsible for tt:~e preparation of an EIR as required by the Guidelines of the State Resources Agency. The lead agency is responsible entirely for the adequacy and objectivity of the EIR. 6.2 Private Persons and Agencies. Individuals and agencies requesting authority far a project that may have a sig- nificant impact on the environment are responsible for the submission of a draft EIR in accordance with the guide- lines and procedures as herein established. 6.3 Community Development Department. The Corr~rnunity Development Department of the City of Tustin is responsible far the preparation and custody of the final EIR and for findings that each project given ~, categorical. exet~zption or negative exemption tivill not have a significant effect an the envir- onment. G.4 Planning Agency. The City of Tustin Planning Agency is responsible for the approval of an EII'4 Gvithin its juris- diction and to assure the adequacy and objectivity of the report. G . 5 CitSf Council . The Cit~T Council of the City of Tustin is the final autt2arity for approval of an EIR for private projects subject to Council approval, and for all projects on appeal, and for public projects initiated by the City. Resolution No. 7 7 . APPI~IC~ATI ©1 OF C . L . Q . A . TO PTiOJT:CTS ?.l Public Prolcots. hhen the City or public agene~= plans ~:o carry out a discre- tionary project which is subject to CL~Qk'~, tiz~hich m.:Ly have a si~;nif icant effect on the en~-iranrncnt , the Z~II~ or negative declaration for the project shall be hreparacl directly by, or under contract to, the City of Tustin. ?.2 Private Projects. ~~'here a project uthiriz is subject to CL;Qt~ is to be carri.eci out by a nangavernn~ental persau sui~ j ect to approval , finan- cial support, or some other involver;cnt; by the City of 'Tustin, the EIR or negative declaration shall~be prepared directly by, or under contract to, the City of Tustin. I1o~vever, the City may require the person to supply data and information, both to determine ~~ahether the project may have a signifi- cant effect on the environr:ent, and to assist in the prep- aration of an EIp, or negative declaration by the City. This information may take the form of a draft initial anal- ysis, EIP,, or negative declaratia~z, as required by the Community Development Director. Trie draft EIR or negative d public revietxr shall reflect lead agency. The applicant shall_ specify which other public agencies over the project. ~claration ~~~hich is sent out for the ir~depcndent judgment of the to the bast of his knowledge ~~~i11 have approval authority 7.3 Projects Pequirtr~n Staf,e ~lt~proval. ar Financial 1ssistance I~'here the project is to be undertaken by a local agency, as defined i~l these guidelines, but requires State approval or financial assistance, the Stage age~rc~- shall require the local agency to prepare the IZF~ ar negative dc:clar at ion, to be submitted sz.~it'.i the requ{~st; for ap~~raval of the pro- posed project. 'I'bis must also be done ~~~here 1~'edcral funds are_invalved, but only if a State agency hu.s discretionary authority over the same use o~ those funds. Zf the local project has been mandated on the local agency by a State agency, the FZR p,~ep~red by the local agency rr;ay Le lim- ited to consideration of those factors and alternatives which do.not conflict with the order. ?.4 Inclusion of EIR in Project Pcports The EIR may be prepared as a separate document, or as part of a project report. If prep:red as a part of the project report, it must still cantai~7 in one separate and Resolution No. 8 ~~ distinguishable section the elements required of an EIR, inclt.~ding the 14 elements specified in Appendi:~ B of these guidelines. 7,5 Redevelopment Projects AlI public and private activities or undertakings pursuant to or in furtherance of a redeveloapment plan constitute a single project, i,~hi_ch shall be deemed ~.,~~~ :wed at the time of adoption of the redevelopment plan by the legislative body. A redevelopment plan r:Iti shall be submitted in accor- dance with Section 33352 of the Health and Safety Code. 7.6 Single EIRs Not more than one EIR shall be prepared i_n connection ~~,rith the same underlying activity and the EI1~. shall be prepared by the lead agency. This does not preclude the require- ment far suppleme~ltal information for phased or ~~~odified projects. '7.7 Federal Projects a. Any proposed Federal project «rhich may have a signifi- cant effect on the environment shall be processed in accordance ,pith Section 1,51~I3 of the California Resources Agency Guidelines. b. Zn cases where these guidelil~es require the preparation of an EIR by a lead agency and an EIS has been or wi11 be prepared for the same project pursuant to the regt~irer~~ents of the ivTational Environmental Policy Act of 1JG9 and implementing regulations thereto, a1.1 or any part of such statement may be submitted in lieu of all or any part of an EZR required by these guidelines, provided that the: EIS o.r the part thereof so used shall comply s~.~ith the requirements of these guidelines. In cases «~here the Federal EIS is used, discussion and mitigation meansures, gro~~~th-inducing impact and energy conservation G~~il1 have to be added or supplemented if the EZS does not include an adequate discussion of these elements. ?.8 Lead Agency P1°~_nciple ti9here a project is to be carried out or approved by more than one publ_ is agency , only oue ~~ublic agency shall be responsible for preparation of environmental documents and it «~il~l be the lc;t~.d agency . Such environmental docu- ments will be prepared by°the lead agency in consultation with all hcspoizsi.ble ~~z~encies. The lead a~~ency's environ- mental doc:,u~:c~nts sil~~ll be the environmental documentation for all Responsible Agencies, e:~cept as provided in Sec- tion 7.15c. Resolution No. 9 , Respansit7lc rlgerzcies shall consider the lead agency's EIR or neg,it ive decl~~.r~ttl.on prior to act:inrry upon or approving the projects, and they sh.~1.1 certify that their decisian- mal;.in~; bodies have revie«ted and considered the information contained in ti~em. 7.9 Desi.gnai,i.an of Lead ~,mency ~4There twa or mono public agencies are involved with a pro- ject, which agency shall be the lead agency shall be deter- mined by the folla~~~ing principles: a. The lead agency shall be the public agency ~~~hich pro- poses to carry out the project. b. if the project is to be carried out by a nongovern- mental person, the lead agency sl-~all be the public agency with the greatest responsibility for super- vising or approving the project as a .hole. {1} The lead agency will generally be the agency with general governmental pa~4ers rather than arr agency with a single ar limited purpose which is involved by reason of the need to provide a public service ar pub7_ic utility to the praject,' in suciz cases, the single or limi i:ed purpose agency ~3~ill, upon request, pravide data concerning all aspects of its activities required to furnish service to the project to the agency drafting the rIP~, and no separate EII~ ~~ai21 be required in regard. to such activities. {2} t4here a city has prezoned an area, the city will be the appropriate lead age~~cy= for any subsequent annexation of the area and should prepare the required environmental dacuT~:ent at the time of the prezoning. The city shall consult With the local agency formation com:~nissi.an and the EZR shall include the comments of the local agency formation commission. c. ti~here mare than one public agency equally meet the criteria set Earth in paragraph ,a above, the agency which is to act first an the praject in question shall be the lead agency (falla;eing the principle that the environmental impact should be assessed as early as possible in governmental planning;}. d. ~Yherc: the provisions of Subsect9_ans a, b, and c leave two or more public agencies ,with a substantial claim to be t~~re lead agency, the public agencies may by agreement designt~te which agency ~,~ill be the lead agency. l~n agreement may also provide for cooperative Resolution No. l0 efforts by contract, joint exervise of powers, or similar devices. e. ~'~here a Ilespansible I~;ency i s called an to grant an approval for a project subj~:ct to C~Qt~ far which another public agcrncy was the appro~~ri~.te lead al;ency, the Responsible Agency shall begin to act as the lead agency when the fallowing conditions occur: (1} The lead agency did not prepare any environmental documents for the project, and (2} The statute of limitations has expired for a chal- lenge to the action of the appropriate lead agency. 7,10 Desi<rnation of Dead Agency by Office of Planning and T?~cnry ~•r•h a. In the event that the designation of a lead agency is in dispute, the follotiving criteria shall apply: (1) Public agencies should consult with each other in an effort. to resolve the dispute prior to submit- ting it to OPR. (2) If an agreement cannot be reached, any public agency involved l~~ay sub~~lit the dispute to the OPR for resolution. b. Regulations adopted by OPR for resolving lead agency disputes may include the following: (1) Submission of written statements to OPR and other disputing public agencies. (2) Certification by OPR that a lead agency dispute exists. (3) Publication of notice that a dispute has been subll~itted to OPR. (4) Determination of the dispute on the basis of written statements or by a hearing. c. Designation of a lead agency by OPP~ shall be based on consideration of the criteria in Section 1~0G5 of the Guidelines of the Public Resources llgency as yell as the capacity of tl~e agency to adequately fulfill the requirements of CFQ~1. ` 7.11 Consultation with Responsible ~1~encies SVhen mare than one public agency will be involved in I~esolut:ian No. 11 undertal~in ar approving a praject, the load a; ency shzzll consult ~~tith a3.1 responsilzle agencies (i.e. , all the other public agencies invalved in carry=ing aut ar app raving the projacts} befarc~ complatin~ kz draf.t I~IR ar negative declara- tion. `fhis early consultation is designed to insure that the EIR or negative daclaratian will reflect the concerns of all respansib~.a agencies which will issue approvals far the project. after cornplating the draft .FIR ar negative declaration, the lead agancy shall also consult with other public agancias having jurisdiction by law and should con- sult ~iJith persons having special expertise. 7.12 Subsecztzent EIR. E4'here an ETR has been prepared, no additional EIR need be prepared unless: a. Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environmental impacts not con- sidered in the original EIR; b. There are substantial changes with respect to the cir- cumstances under which the project is to be considered, such as a change in the proposed location of the pro- ject, which t~1i11 require major revisions in the EIR due to the i.nvalvamart of na~~~ environmental impacts not covered in the original EIR. 7.13 Use of a Sins~le EIR. The City or lead agency may ampl.oy a.single EII~ to describe more than one project, ii such projects are essentially the same in terms of anviranmental impact. Further, the City may use an earlier EIR prepared in connection with an earlier project to apply to a latc,r project, if the circum- stances of the projacts are essentially the same. The City may elect to ~;=ri1;e IJIRs in advance for antire programs or regulations, in order to be prepared far praject applica- tions to came. I'dhonevor the City chooses to utilize any of these alternatives, however, it must find that the environmental effects of the projacts are sizlzilar enough to war rant t;ha same tr. eatmant in an EIFi and that the F,IR will adequately cover the impacts of any singly project. If these tests are not mat, the City should amand the EIR it prepares far a program to apply it to an individual project with unusual characteristics. 7.14 Use of a General Plan FIR c;~ith Subset~ucnt Pro.jacts The EIR on a general plan may be ~zsed as the foundation document for EIRs subsequently prepared for specific 1z Resolutiotz No. projects within the geagrapf~ic area covered by the general plan. The subsequent EIRs may reference and summarize material in the I~;Il~ on tf~e gcneral_ pl,~t~ for the descrip- tion of the general environ37tental setting and as much of° the clesrription of the enva_rant~ental impacts as applies to the specific project. Detailed information in the EIR on tfle specific praject may be limited to a description of the project, tfle specific environmental setting and those impacts which are not adc.gt~at.ely described far the specific project i.n the 1If-~ on the general plan. ~ti'hen a subsequent EIh refers to an EIh on the general plan for part of its descz~ptian of the environment and the environmenta]_ impacts, copies of the EIR on the general plan shall be made <available to the public in a nur:,ber of locations in the community and to any clearinghouses which will assist in public review of the EIK. The purpose of tf~tis section i_s not to restrict analysis of environmental issues but is to avoid the necessity for repeating detail from a general plan EII~.. 7.15 I~1ult~_}~71o and. I'hasod Pr. o,jects . ~~rhere indi~-idual projects are, or a phased praject is, to to be undertaken and tiz~here the total undertaking comprises a praject ~irith s~.nificant environmental effect, the lead af~~ency must r~rat~are a :ain~lc~ ?SIR far the ultimate project. `Vhere a.n ~_nd-~vidual project is a necessary precedent for aet~_on on a l a.r ~cr praject , or cam?~~i is the lead agency to a larger project, c~-ith significant et~~iranrnental e:Cfect, an EIR must address itself to the scope of the larger pro- ject, subject to the limitation of Section 5.G of these guidelines. i'vhere one project is one of several similar pro jec:ts of a public af;ency, but is not deemed a part of a larger undertaking or a larger project, the agency may prepare one EIR far all projects, or one for each project, but in either case comment upon the cumulative effect. 7.16 Staged EIh. a. t~'here a large capital project will rewire a number of discretionary approvals from governmental agencies and one of the approvals «~ill occur more than two years before construction will begin, a staged EIh, should evaluate the proposal in light of current and contem- p3_ated plans and produce an informed estimate of the environ~ttental consequences of the entire projoct. The aspect of the project before the puialic ar;eney for approval shall be discussed c~~ith a greater degree of specificity. b. jYften a staged EIR has been prepared, a supplement to the EIfI sflal~I. be prepared ~rrhen a later approval is required for the project, and the infonttation available Resolution No. 13 ~. at the time of the later approval would permit con- sideratian of additional environmental impacts, miti- gati.on ,neasures, or reasonabae alternatives to the project. c. t~'here a statute such as the ~Yarren-Alquist Energy -Resources Conservation and l~c'velopment t'lct provides that a specific agency shall bethe lead agency for a project and requires the leE~d agency to prepare an EIR, a responsible agency «~hich must grant an approval_ for the project before the lead agency has eon~lpleted the EIF~ may prepare and consider a staged EIh. 8. EXE?~IPTIONS Projects as defined in this section are exempt from the require- ments of CEQE~, and no EZP is required. 8.1 Eme~ency Projects a. Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish ar replace property= or fa.ci.lities damaged ar destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency .has been proclaimed by the Governor. b. Emergency repairs to public service facilities neces- sary to maintain service. c. Specific actions necessary to prevent or mitigate an emergency ._ 8.2 Teasi_bility and Planning Studios. A project involving only feasibility or planning studies for possible future actions ~;-hich the agency, board, or commission has not approved, adapted, or funded does not require the ~~r.eparation of an environmental impact report but does require consideration of environmental factars as required by Section 21102 of CEQA. S.3 h~inisterial Projects h~inisterial projects as listed herein, and such other acts as may be determined by the lead agency to be devoid of discretionary= prevision, are exempt from the requirement of CEQA and no EZR is required. a. Issuance of building permits, to include plumbing, electrical , rr.echan ical , masanry, framing and roaf ing. Resolution Na. 14 b. Is:~uance of grading permits if. (1} Txempt from the permit requirements of the Uniform Building Code, or (2} tot iz~ excess of 200,000 cubic yards. c. Issuance of business licenses. d. Issuance of entertainment permit! e. Approval of final subdivision maps. f. Approval of individual utility service connections and disconnections. g. The issuance of street permits ~ziithin the public right-of-«ray. h. p;iinor variances and use permits within the jurisdic- tional authority of the Zoning Administrator. i. The issuance of sign permits in conformance with the Tustin Sign Code and not requiring a public hearing. j. The issuance of animal permits. k. Adrr~inistrative and Pl<~.nnin agency site plan and project rov3ew and approvals not requiring ~. public hearing. 1. Lot line adjustments and certificates of compliance. m. ~9here a project involc=es an approval that contains elements of both a ministerial action and a discre- tionary action, the project ~~ill be doomed to be discretionary azid ~~rill be subject to the requirements of CLQt~. 8.~ Cate~arical Exemptions. The follow°ing categorical exemptions as established by the Secretary for Resources of the State of California,and specific activities as classified by the City Council, have been determined not to have a significant effect on the environment anci are therefore exempt from the require- ment for the preparation of an EIR. a. Class l: Existin=; facilities. Class 1 consists of t~7e operation, repair, maintenance or minor alteration of existi:~r; public or private strtzc- tares, facilities, mechanical equipment, or topographical Resolution No. 15 features, involving negligible or no expansion of use bcyonc~ that previously existing, including but not lunited to: {1} Interior or exterior alterations involving such things as interior partitions, pllzmbing and electrical conveyances. {2} Existing facilities of both investor and pub- licly ot~ned utilities used to Canvey or dis- tribute electrical power, natural gas, set~~age, etc. {3} Existing highways and streets (within already established rights-of-tvay), sidets,~all~s, gutters, bicycle and pedestrian trails and similar facil- ities, except tt~here the activity will involve removal of a scenic resource, including but not limited to a stand of trees, a rack outcropping, or an historic building. (4} Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage t1~as substantial and resulted from an environmental hazard such as earthquake, land- slide or flood. {5} Additions to existing structures provided that the addition tTlill not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 25U0 square feet, whichever is less. {6} Addition of safety or health protection devices for use during construction of or in conjunction tt~ith existing structures, facilities or mechani- cal equipment, or topographical features (i_nclud- ing navigational devicr~s) t~~here these devices do not have or result in an adverse environmental impact. {7} New copy on existing on- and off-premise signs. {8} Riaintenance of existing landscaping, native growth and ts~ater supply reservoirs (excluding; the use of economic poisons, as defined in Division 7, Chap- ter 2, California Agricultural Code}. {9} R~aintenance of fish screens, fish ladders, wild- life habitat areas, artificial wildlife waterway Resolution No. 1G devices, streamflows, sprinr,s and wa~terhales, anti stream channels (cleari.ng of debris} to protect fish and «~ildlife resources. (10} Fish stoching.by the California Department ofFish and Game and "Sosdui~to Abatement District. (11) Division of existing multiple family rental units into condozr~:iniums . (12) Demolition and removal. of individual small~struc- tures listed in this subsecti_an except where the structures are of historical, archaeological ar architectural significance: (a} Single= family residences not in conjunction with tl7e demolition of t~so or more units, (b) 111atels, apartments, and duplexes designed for not more than four d+,velling units if not in conjunction with tha de~ralitian of twa or more such structures, (c} Stores; offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the demolition of two ar more such structures. {d} Accessory (appurtenant} structures including garages, carports, patios, swimming pools, and fences. (13} bSinor repairs and alterations to existing dams and appurtenant structures under the supervision of tl~e Department of ~V'ater Resources. b. Class 2: Replacement or Reconstruction. Class 2 consists of replacement ar recanstructian of existing structures and facilities ~~:here the nesv struc- ture ~~Jill be located an the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but nat limited to: (1} Replacement ar recanstruction of existing schaals and l.ospitals to prav3_de carthflual~e-resistant structures whicl. do not increase capacity more than 50 0. (2} Replacement of a commercial structure tcith a ne~ti~ struc- ture of substantially the sar~~e size and purpose. Resolution No. 17 c. Class 3: iv'ew Construction of Snu~1.1 Structures. Glass 3 consists of construction and location of single, new facilities or structures listed in this notice and installation of new equipment and facilities including -hut not limited to: (l) Single family residences not in conjunction with the building of two or mare such units. (2} Aiotels, apartments, and duplexes designed for not more than faun dwelling units if not in conjunc- tion with the building of two or more such struc- tures . (3} Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the building of t~~=o ar more such structures. (4} ~4'ater main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (5} Accessory (appurtenant) structures includi_ng gar- ages, carport:s, patios, swimming pools anal fences. d. Class ~ : ~1i_nor Alterai:ions to Land. Class ~ consists of minor public or private alterations in the condition of land, water and/ar vegetation, ~~vhich do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (1} Grading on Land with a slope of less than l0 per- cent, except where it is to be located i.n a water- way, in any wetland, in an officially designated (by Federal, State or local governmental action} scenic area, or in officially mapped areas of severe geologic hazard. (2} New gardening or landscaping but not including tree removal. (3) Filling of earth into previously excavated land with material compatible with the natural features of the site. (4) Minor alterations in land, water and vegetation an existing officially designated wildlife manage- ment areas of fish production facilities which Resolution No. l$ result iii improve-»ent of habitat for fish and wildlife resources or greater fish production. (5} ~.~inor ter7~porary uses of It~nd Navin€ negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.. (6) i,tinor trenching and backfilling where the surface 15 restored. i (7} maintenance dredging zxJhere the spoil is deposited in a spoil area auti-~orized b~~ alI applicable State and federal regulatory agencies. e. Class 5: r'~lterations in Land Use Limitations. Class 5 consists of minor alterations in land use limi- tations, except zoning, including but not limited to. (1} bSinor lot line adjustments, side yard and setback variances not resulting in tine creation of anyT new parcel nor in any change in Iand use or density, (2) Issuance of minor encroachment permits. {3} ~41:inor variances and use permits ~~~ithin the juris- diction of the Lonir~g ~dn~inistrator. (4} Parcel map divisions of less than five parcels. f. Class C: Information Collection. Class 6 consists of basic data collection, research, experimental management and resource evaluation activi- ties which do not result in a serious or major disturb- ance to an environmental resource. These may be for strictly information-gathering, purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. g. Class 7: Re{rulatorv l~ctions for Protection of ~'att~ral Resources. Class 7 consists of actions taken by regulatory agencies, as authorized by State Iatxr or local ordinance, to assure the maintenance, restoration, en?laneement or protection of tine environment, excluding construction activities. i. Cass 9: Inspections. Class 9 consists of activities limited entirely to Resolution No. 19 inspection, to cheek for performance of an operation, ar ~,uality, healtl~i ar safety of a project, including related activities such as inspection for passible mislabelling, nzisrepresent.<ztian or adulteration of products, and fire safetyo inspections. j. Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs under Veterans Farm and Hotne Purchase Act of l~J~~3, mortgages for the purchase of existing structures where the lawn will net be used for nei~ construction anci the purchase of such mortgages by financial institutions. Class 30 includes but is not limited to the follan~ing exar.~ples (1} Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 143. (2) Purchase of mortgages from banks and mortgage com- panies by the Public Er:iployces Retirement System and by the State Teachers Retirement System. k. Class 11: Accessory Structures. Class 11~ consists of construction, ar placement of minor structures accessory to {appurtenant to) exist- ing coinmorcial_, industrial, institutional facilities, ar multi-famil~T residential, including but not limited to: (1) On-premise signs. (2} Small parking lots. 1. Class 1.2; Sur~~lus Government Property Sales. Class 12 consists of sales of surplus government property except far parcels of land located i_n an area of State- wide interest or j~otential area of critical concern as identified in the Governor`s Environmental Gaels and. Policy Report prepared pursuant to Government Cade Sec- tions G50~1 et seq. Hoc~~ever, if the surplus property to be sold is located in these areas identified in the Gavernor"s Environmental Gaels and Policy Report, its sale is exempt ii: (1) The property does not have significant va1_ues far «rildlife habitat or other environmental purposes. Resolution No. ZO {2) Any of the fallo~~rin~; conditions exist: {a} The property is of such size or shape that it is incapable of independent development or use, or {b) The property to be sold ~~rould qualify for an exemption under any other class of categorical exert~ption in Article 8 of tllese guidelines, ar { (c) The use of the property and adjacent pzoperty has not changed since the time of purchase by the public agency. m. Class 13: Acquisition of Lands for Z'Tildlife Conserva- tion Purposes. Class 13 consists of the acquisition of land for fish and ~=~ildlifo canservation purposes, including preser- vation of fish and tiGildlife habitat, establishing eco- logical reserves under Fish and Game Cade 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. it . Class 14: 1~illor Additions to Schools. Class l4 cansi.sts of: minor addi_t~_ons to existing schools ~,rithin ex~_sting school grounds cohere the addi- tion does not increase original student capacity by more than ?5°~ or five classrooms, whichever is loss. The addition of portable classrooms is included in this exemption. o. C1_ass 15: Functional Er_suivalent of an EIR. Class 15 consists of regulatory pro ;rams of public agencies :.hose purpose includes environmental protoc- tion and whose process involves the functional equiva- lent of an EIR. To qualify for an exemption under this section, the public agency must have its process certified as a functional equivalent by the Secretary for Resources. The Secretary for Resources may ccrith- dra~4~ the certification after notice and hearing pur- suant to Government Code Title 2, Division 3, Chapter 4.5. p. Class 1G: Transfer of C?wnership of Land in ©rder to Create Parrs, Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a Resolution No. 2l natural. condition or contains historic sites or archd- olagical sites anal dither: { 1 } The mana~,dment plan for the park has not keen prepared, or (2} The management plan proposes to kddp the area in a natural canditi_on or preserve the historic or archeol_o~;ical site . CEC~t~ will apply when a manage- ment plan is proposed that tivill change the area from i_ts natural condition ar si_gnif.ieantly change the historic or archadological sits. q. Glass 17: Open Space Contracts or Ez.sements. Class 1'7 consists of the establishmdnt of agricultural preserves, the making and renewing of opdn spaed con- tracts under the tVilliamson t'~ct, or the acceptance of easements or fee interests in order to maintain the open spaed character of the arch. Thd cancellation of such preserves, contracts, interests or dasdments is not included. r. ~ Class 18: Ddsi~nation of ~4ilddrndss Ardas. Glass 1S consists of the designation of wilderness areas under the California ~S~i1_derness System. s. Class 19: ~nndxations of ~'xistin€; Facilitids and Lots far 1st>c.mpt 1{'<~.c~.l.t~_es. Class 19 consists of only the following annexations: (1) Anndxations to a city or spacial district of areas containing existing puhl_ic or private structures devdlopdd to the density allowed by the cur. rent zoning or pre-zoning of either the gaining or losing governmental agency, whichever is more restrictive, provided, ho,ziever, that the dxten- a sion of utility services to tre existing facili- ties would havd a capacity to sdrve only the existing facilitids. (2} annexations of individual small parcdl_s of the minimum size for facilit:i_es exemptdd by Sdction 151fl;~' i~dw Construction of Small Structures. t. Class 20: Changes in ar~;anizati_on of Local h~;eneids Class ZQ consists of changes i.n the organization or reorganization of local governmental agdnries t~~hdre 22 Resolution No. x tl~e changes do not change thc~ ~eograi7hical area in which prc,vi_ously existing po~,~~ers arcs c;;~t~rcised. Examples include but are not lir,~ited to: (1) Establishment of a subsidiary distr°ict. (2) Consolidation of two or more districts having identical po~~ers. a {3) ;Berger with a city of a district lying entirely ~i~ithin file boundaries of the city. 8.~ General Exemptions a. I}rejects that are exempt from EIP~ requirements due to their ministerial character are further defined as exempt from EIR requirements by Categorical Exemption. b. Exemption by Location. Class 3, ~, 5, and 11 are qualified by considerations of where the project is to be located; a project that is ordinarily insignificant in its impact on the environment may in a partict.zlarly sensitive environment be significant. ~l'herefore, these cases are con- si_der. ed to apply in all instances , except «~here the the project may impact orl an environmental resource, or hazard cf critical cone=rn as may b~> hereafter designated, precisely mapped, and a:C~`icially adopted pursuant to law. ?vioreover, all exemptions for these classes are inapplicable ~~,~hen the ctunulative impact of successive projects of the same type in the same place over time is significant; for example, annual additions to an existing building under Class 1. c. General Plan Elements, (1) No separate EIPL will be required for a general plan element or amendment if the genera. plan addresses all the points required to be in an EIR and the document contains a special section or cover sheet identify=ing where the general plan document addresses each of the points required. (2) The Community 1?evelopment Director shall fort~rarc3 a copy a:f the general plan, element, or arnenclment with environmental docut~~ents to the State Clear- inghouse for State reviccv. $.~ Exemption by ~e;Tative Declaration. A project which «~ould ordinarily be expected to Have a Resolution No. 23 significant effect an the envi~~anrz7rnt, but «~Izich is deter- mined by the City of Tustin, based upon adopted procedures, not to have z3 sigz~ific.znt effect on the enviranment due to circur~3:~tances pee,uliar to the specific project, may be exempt from the requirerz~ent of an EIF~. 8.7 Notice of Exemi~tion. a. ~'~Izen theCom~nunity Development Director determines that • a project is exempt from t~7e requirements of CEQE1 because of its inclusion in this section, and the City approves ar determines to carry out the project, a notice of exemption may be filed t~ith the Orange Couzity Clerk. b. Z'r'hen the City of Tustin approves an applicant's pro- ject, the Community Development Director or the appli- cant may file a certified copy of the "Nance of Exemp- tion" with the Orange County Clerk. c. A Notice of Exemption shall include: (I) A brief description of the project. (2) A finding that tl~e project is exempt, inel_uding a citation of the applicable section of the State Guidelines. {3) A brief statement of reasons to support the findings. d. A form for this notice is provided in Exhibit A-l. 9. PROTECT EVt'~LUf~TIO\T 9.1 Preizpplication Conference. A conference ~x=ill be scheduled by the applicant ~~.rith the Community Development Director, or his designated reprF==- sentative, to determine the appropriate farm <znd procedure for eomplian-ce ~~%ith the Environmental Quality .`pct. ~.2 Initi_al Study. If a project is subject to the requirements of CEQA and not exempted by these Guidelines, tl7c City Cor~muzzity Development Director shall conduct an Initial Study to determine; if the project may have a significant affect on the environrr,ent, unless, in his judgment, he can deter- mine that the project Evill clearly have a significant effect. If any aspect;s of the project, either individually ar cumulatively, may cause a significant effect on the Resolution No. 24 environment, rer~ardless of ~~.hE=thcr the overall effect of tl~e project is adverse or benef:i_ci.~l, then ~~n FIR must b~e prepared. All phases of project planning, implementation, and operation fnust be corrsidereyd in the In:i.ti<~l Study of the p~'oject. Arr Initial Study prepared pursuant to the National Enviorn~nental Policy Act may satisfy this requirement. . a. Purposes. ~ °~ The purposes of an Initial Stlydy are to: (1) Identify environmental impacts. (2} Enable an appl5_cant or lead agency to modify a project, mitigating adverse impacts before an EIR is written. (3} focus an EIR, if one ~_s required, on potentially significant enviironmental effects. (4} Facilitate environmental assessment early in the design of a project. {5) Provide documentation of the factual basis for the fincl:i.nr; in a ner ative declaration that a pro- . jest t~aill not Piave a significant effect on the environment. (6) Eliminate unnecessary EIRs. b. Content. The content and form of an Initial Study shall be as specified by Exhibit A-2. e. Uses. (1} The Initial Study shall be used to provide a written determination of whether a negative decla- ration or an EIR shall lae prepared for a project. (2} ~Uhere a project is revised i.n response to an Ini- tial Study so that potential adverse effects are ' mitigated to a point t~~here no significant environ- mental effects ~=.=ould occur, a negative declaration shall be prepar~c;d instead of an EIR. If the pro- ject ~,rotrld still result in one or more significant effects on the environlr,ent after mitigation measures are added to the praject, an FIR shall be prepared. (3) The SIR shall emphasize stErd,~ of the impacts deter- mined to be si~;rrificant and can omit further Resolutior7 No, 25 examination of those impacts found to be clearly insignificant in the Initial Study. d. Submission of Data. A private person or private organization shall be 'required to submit data and information as specified on the Initial Study Forrn (Exhibit A-2} far a proposed project. 9.3 Determination of Significant Effect. a. The Community Development Director shall determine whether the project r,1ay have a significant effect on the environment on the basis of an Initial Study. If he determines that the project may possibly have a sig- nificant effect on the environment, he shall cause an Environmental Impact Report to be prepared for the subject project. If he deteri~~ines that the project will not have a significant effect an the environment, he shall prepare a I~Tegative Dcclar.ation. b. ~'~here there is, or is anticipated to be, a substantial body of opinion that considers or will consider the effects of a praject to be adverse, the City should cause an EIR to be prepared to explore the environ- mental effects involved. c. In evaluating the significance of the environmental affect of a project, the Community Development Director shall consider both primary and secondary or indirect consequences. Primary consequences are immediately related to the project while secondary consequences are more related to the impact of the primary conse- c~uences . d. Some examples of consequences ~~ahich may have a signi- ficant effect on the environ~i~ent in connection with most projects ~~=here they occur, include a change that: (1) Conflict with adopted environmental plans and goals of the community t~,~here it is located. (2} Have a substantial, demonstrable negative aesthetic effect. {3} Substantially affect a rare ar endangered species of animal orplant or the habitat of the species. {4} Interfere substantially with the movement of a resident or migratory fish or wildlife species. Resolution No. 26 (5) Breach published national, State or local. standards relating to solid waste or litter control. (6) Contaminate a public water supply. {7) Substantially degrade water quality. (8} Substantially degrade or deplete ground water resources. ~ (9} Interfere substantially with ground water recharge, (10) Disrupt or alter an archaeological site over 200 years old, an historic site or a paleontological site except as part of a scientific study of the Slte. (11) Induce substantial growth or concentration of population. {12) Cause an increase in traffic which is substantial in relation to the existing traffic load and capa- city in the street system. (1.3} Displace a large number of people. (14) Encourage activities which result in the use of large amounts of fuel ar energy. (15) Use fuel or energy in a wasteful manner. (16) Increase substantially the ambient noise levels for adjoining areas. (17) Cause substantial flooding, erosion or siltation. (18} Extend a sewer trun~~line with capacity to serve new developments. (I9) Substantially diminish habitat for fish, wildlife or plants. (20) Disrupt ar divide the physical arrangement of an established community. {21) Create a public health hazard or a potential pub- lic health hazard. {22} Conflict with established recreational, educational, religious or scientific uses of the area. (23) Violate any ambient air quality standard, contribute 27 Resolution No. subst•~r,ntially to an existing or prajccted air quality violation, or expose sensitive receptors to substantial pollutant concentrations. e. The Community Development Director shall. make a manda- tory "finding of si.gnificance'" on the environment far any project under any of the following conditions and require an EIR to be prepared: {1) The project has the potential to degrade the qua- lity of: the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or a=ildlife population to drag below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number ar restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history ar prehistory. (2) The project has the potential to achieve short- term environmental goals to the disadvantage of long-term environmental goals. (3) The project has possible environmental effects which are individually limited, but cumulatively considerable. "Cumu_latively considerable" means that the incremental effects of an individual project are considerable ~~=hen viewed in connection with the effects of past projects, the effects of other. current projects, and the effects of proba- ble future projects. (4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. g,~ Negative Declaration Process. A Negative Der.:laration shall be prepared for a project which ~=,=ould ordinarily be expected to have a significant effect an the environment, but ~=,~hicii the Community Develop- ment Director finds ~=gill nat have a significant effect on the environl;~ent on the basis of the Initial Study. a. Gonsultatian. Before completing a Negative Declaration, the Com- munity Development Director shall consult with all responsible agencies. b. Contents. ~ Negative Declaration shall include: Resolution No. 28 (1} A brief description of the project, inclu :Lng a camh~only used name 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 sig- nificant effect an the environment. (4} An attached copy of the Initiate. Study documenting rea.sans to support the finding. (5) l~~itigation r:~~easures, if any, included in the pra- jcct to avoid potentially significant effects. e. Notice of Negative Declaration. (1) ~`rritten notice of the preparation of a Negative Declaration shall be given to all arganilations and individuals who have previously requested ~~ch notice, and by at least one of the following p cedures: (a} By publ. ication in the Tustin ti?ews or by snail concurrently with the notice of a scheduled public hearing related to the project. (~p) F3y posting of the notice on the City Hall ~3ulletin Board at least ten days in advance of the scheduled consideration. by the approv- ing authority. (2) A form for a Negative Declaration is provided by Exhibit A-3. d, Notice of Determination. far Projects with Negative Declaration. (1 } After approval by the Planning Agency or C~_ty Council of a project for which a Negative Decla- ration has been prepared, the Community Develop- ment Director shall file a Notice c>f Determination with copy of tl.e Negative Declaration attached, with the C1erh. of Q.range County. 1f the project rer~uires discretionary approvals from a State agency, the notice sha11 also be filed with the Secretary of Resources. (2} The filing of a Notice of Determination with the County Clerl~ or Secretary for Resources starts a Sp-day statute oi' limit<~tions an court ct~allen~;e to the approval under CEC~A. Resolution No. 29 {3) tl copy of the form for a Notice of Determination for a project granted a Negative Declaration is provided in Exhilait ~-~:. 9.5 Environrt~ental Impact Report Requirements. a. If the Com~rrunity Development Director finds after an Initial Study tixat the project may have a significant effect on the environment, he shall prepare or cause to be prepared an Environmental Impact Report. . b. An EIR will be prepared whenever substantial evidence indicates that tl.e project may have a significant effect on the environment. c. An EIR wi1.l be prepared when there is serious public controversy concerning the environmental effect of a project. Controversy unrelated to an environmental issue does not require an EIR. 9.51 EIR Content. a. A Dr_a_ft EIR shall contain the information and be in the format as outlined by E~ppendi_x 33. li. ~ Focused EIR shall contain the information and be in the format as outlined by ~~ppendix B, with those sec- tions riot required to be so indicated by the Community Development Director. c. A Staged EIR shall contain the information and be in the format as outlined by 1`~ppendi_x }3, to be addressed in general form, with supplemental information requ~_red in detailed form for subsequent actions requir.i_ng approval. r d. ~'~ Final EIR shall consist of the Draft or Focused EIR, ii~dc~p<~ndent analysis, and the con.rnents and responses r_esultin from the review and consultation process. 9.52 The Degree of Specificity. The Degree of Specificity of an EIR will correspond to the degree of specificity involEr=ed in the underlyz_ng activ- ity which is ~escribcd in the EIR. a. An EIR for a construction project will detail the specific effects of the project upon tPre environment. b. An EIR for an amendment to the General Plan or Zoning Ordinance will focus on the secondary effects that I~.eso].ution Iv'o. sa a. General. ~`dizen aza EIR is required for a project, the procedures contaizzed in this section shall be (allowed. b. Early Consultation. {1) Before completing a draft EIR, the City or its agent shall consult with all responsible agencies. (2) The City or its agent shall also consult directly ~;~ith any person or organization it believes will be concerned c}ith the environmental effects of the project, prior to completion of the draft EIR. {3) For projects ~=There Federal involvement might require preparation of an EIS, the Community Development Director should consult with the appropriate Federal agency to determine the need for an EIS. t~`here authorized, the EIR and EIS should be prepared jointly or an FIS prepared supplemented «~ith a discussion of mitigation mea- sures, growth-inducing impact, and energy conser- vation measures. c. Pr_e~~.rat:ian by Consultant. The Cammunitsj Development Director shall confer with the sponsor of a proposed project prior to the sub- mission of application to determine environmental Resolution No. can be e:~pected to follow from the adoption of the amencinzent . 9.53 Incorporation by Reference. a. An EIR may incorporate by reference all or portions of other documents which are matters of public reference or generally available to fi.t~~e~public. b. tVhere part of another document is incorporated by reference, the EIl~ shall state that said document is on file in the Community Development Department at City Hall and in the Reference Files of the Tustin Branch of the Orange County Library. c. The incorporated part of a referenced document in an EIR shall be briefly summarized or briefly described if the d~~,ta cannot be summarized. The relationship between tl~e incorporated part of the referenced docu- ment and the EIR shall be described. 9.54 I1IR Process. 31 documents required and the content of a draft EIR, or in fortt}at ion to b e sup~zl i ed by a consul tan t . d. Tiiz~e of Subz7~issi.on. The draft EII~ shall be siibr~zitted to the Comnninity _.Development Department concurrently with a related application such as zone change or variance. e : Number azz d format . Twenty-five {25} numbered cop~.es sizall be furnished the City, t,~~ith printed pages &'>>" ~ 11", and folded map pages at a scale not less than 1" = 100', fastened t~tith a binder permitting; the insertion of supplement- ary pages, bound by a firm cover and labelled with the name of the project. In those instances Gzahere approval is required of a State or Federal agency, an additional twenty-five {2~} copi_es shall. be fur- nished. f. Preliminary Revie~~~ and adequacy. The Community Development Department shall give pre- liminary review to the draft EIR for adequacy of the report and compl~_ance with. the guidelines. ~n EIR should be prepared =with a sufficient degree of analysis to provide the decision-mwkers with inforrr,ation which enables them to make a decision ~~~hich intelligently= takes account of environmental. consequences. ~n evalu- ation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR i_s to be reviewed in the ~_ight of what is reason- ably feasible. g. Preliminary Evaluation. Prior to dissemination of the draft EIR for public reviecu, the Community Development Director, after consultation with other department heads, shall include within the draft ~?IR a section containing an independent evaluation and analysis. h. Notice of Completion of Draft I~IR. {1} As soon as the draft EZR is completed, but before cop~_es are sent out for revie~°t~, the Community Detrelo}ament Director shall file a "Ttiotice of Com- pletion" with the Secretary for the Resources l~gcncy . {2} iG'hen the EIR is to be reviewed through the State Resolution No. 32 reviet~r process, a :~?otice of Intent tivi.ll be filed with the State Clear:inghoiise and said ~Toticr. of Intent shall satisfy the requirement for a Notice of Completion. (3} A form far this Notice is sho~~Jn as E~.hibit ~_h . ~. Public Review. __ _ ~ (1} After coz~7pletion of a draft EIR, the Community Developrl~ent Director shall consult ~,~~ith and obtain comments from public agencies having jurisdiction by law w=ith respect to the project and should con- sult with persons h<~.~Ting spacial expertise with respect to any environmental impact involved. {2} The general public shall have the opportunity to comment on the EIR either prior to or during the scheduled public hearing. (3) Public Notice of Draft EIR,. {a) Notice of Completion of a. draft EIR shall be given to all organisations and individuals ivho have previously requested such notice at the same t;ime as a Notice of Completion is mailed to tl~e Resources Agency. (b} Notice of Completion of a draft FIR and public. hearings on the EIR shall be advertised con- currently with any required hearing for the same project. I~?otices of hearings shall be mailed to all agencies having jurisdiction by law. (4) Review Period. {a} Review periods for draft EIRs should not be less than 30 days nor longer than QQ days following the Notice of Completion. Public hearings may be continued to a date certain. (b} The review period for draft EIRs for which a State agency is the responsible agency shall be at least 45 days unless shorter period is approved by the State Clearinghouse. {c} `Phe re~~ie~v period for an EIR does not halt other planning activities which should~con- tinue in conjunction with environmental evaluation. Resolution No. 33 j. Purpose of Review. The legally requi.rec', preparation, review and comment pracedurc~s for environ7~~ental dacur~c~nts provide the apportunity for citizens, all professional disciplines, and publ~.c agencies to evaluate critically the environ- mental document and the manner in which technical data are used. k. Content of Review. f Cornritents pertaining to a draft EIR should focus upon the sufficiency of the EIR, ways in which adverse effects might be minimized, and alternatives to the project, far the purpose of providing useful information to decision-makers. Public agencies providing review of a draft EIR should explain the basis of tt~ieir com- ments and, wherever possible, submit data or references in support of their comments. 9.55 Distribution of Draft EIR. a. ~~ No. 1 shall be the official file copy of the City to be retained with the related application and shall include all findings, reports., opinions, comments and actions related thereto. b. Copy. No, 2 shall be in the possession of the City Clerk and made available far public review during the period of notice prior to the public hearing, c. Cody No, 3 sha11 be furnished the reference library of the Tustin Branch of the Orange County Library for public review. d, Copies shall be furnished the City Council, Planning Agency, City departments, and other governmental and private agencies as required by law. e. Copies shall be furnished the State Clearinghouse when required for distribution to State agencies for review. f. Copies of a draft EIR shall be furnished the Southern California E~ssociation of Governments related to the :Lollo~ving projects (1) EIRs related to general plan elements. (2) EIRs re1_ated to major amendments ta.general plan elements. (3) EIRs related to projects of regional significance, Resolution No. 34 illustrated by but not .limited to the foll.acaring examples: (a) Airports , {b} Attractions and recreation facilities aecommo- dating more than 15U0 fixrd seats or at least 4000 people pc;r performance. (c} Commercial office and hotel facilities employ- ing n.ore than 1000 parsons, encompassing more than 2~~0,000 square feet, or housing more than 5000 roams. (d} Electrical plants and transmission lines that exceed 220 ~ v capacity=. (e) Flood control projects, dams and reservoirs, (f} Hospif,als with rnore than 500-bad capacity. {g} Industrial facilities employing more than 1000 persons, occupying more than 40 acres, or encompassing more than 650,000 square feet of grass floor area, (h} Residential developments ~=~hich wi1.l accommodate more than 500 d~~~e1.li.ng units. (i} Construction, modification and improvements of a State highway or major arterial. (j) Schools having a design capacity of more than 3000 students. (1~} Shopping centers employing mare than 1000 per- sons or encornpa.ssing more than 500,000 square feet of gross floor area. {1} Transit projects. (m} t4'ater facilities designed to accommodate or expand to a capacity of at least 225,000 gallons per day. g. Agencies Having 4Turisdiction or Expertise. Agencies having jurisdiction by la~~~ or special exper- tise ~~tirith respect to various projects and project loca- tions are identified by Exhibit A-G. These agencies, as apprapriate, should be consulted with regard to the environmental impacts of particular projects. Resolution No. 35 it. ASemtacrs of t;lzc~ J~ub1_ic. (1) ~,Ierribers of t~7e general I~ublic shall be provided access to et~~~iron~:~~~nta.l documents on file at City hall. (~} I~~z~ivcite ~.nrlividuals may be provided copies o~ an EIR uI?an pr~y~~~ent of the cost of reproduction of the document. 9.5~ I~ubl is Ilc~arings , Public hearings on c~n~~ironmcntal documents will be conducted concurrently «=itll other advertised hearings for related pro- jects. 9.57 Final EIR. a. Preparation. Preparation of the final EIR shall be the responsibil- ity of the Con;r~uni_ty DeveLapment Department, based upon the draft report sulamitted by the applicant, as amended, suppler7~~~ntcd, or endorsed, an the basis of comments and ei=<~.luations lay staff and affected public and priv~_f;e agencies, to inc~_ude comments and responses . }a. Certification. { 1) The I?i.a~n =i nr; ~1r envy, far projects ~=lhere final authority rests with the ~~gency unless appealed and for ;~~~`~ iects not otllc~rwi_se recAu.i_ri_n~; a public hearing, shall tae the certifying agency. (2) The City Council shall be the certifying authority for I~,II; rc~l~orts in ~uhase instances .~~here the City Coune.il is th=~~ final authority for a related action. S`hcn pi~bli.c hearings arcs conducted by the ~?:l_ann~.ri~~ ~~zenc~%, c=.~ithaut final authar~_ty, tl~e I~gency sh~_11 recommend approval of the EIIZ. (3) The certification by the approving authority shall certify tl1<~.t the final I~IR has laeezl completed in compliance .,•ith CEC~t~ a7.d the State Guidelines and the fzppravng authority has rc~vieti=,~ed and considered the inf'orm<~,tian contained in the DIR prior to the approval of the project. {4} Certification shall be in the format of a minute order or resolution of the certifying agency. Itesalutian No. 3G 9.5f~ Statement a1' Overriding; rations. a. If it is the decision of the City to approve a project that allows the accttrrer7ce of si;nificant environmental effects identified in tyre final EIR, the approving auth- ority must state in writing t~~e reasons to support its action based on the final EIR or other information in the record. b. The reasons to support an action as wave described may be set forth in a Statement of Overriding Consider- ations, Such statement should be included in the record of the project approval and may be attached to the Nance of Determination. Sa..id statement may be incor- porated as a section of the r.esalutian approving the project and appendixed to the Notice of Determination. 9.59 Notice of Determination. a. Upon the mal~ing of a decision to approve a project by the Pl~~.nning Agency or City Council for which an EIR has been prepared, the Community Development Director shall file a I3otice of Determination with the Orange County Clerk, and with the Secret~~ry for Resources if the project requires discretionary approval from a State agency. b. The Native of Determination shall include the follow- ing {1} An identification of the project by its common name . {2} The decision of the City to approve or carry out the project. (3} The determination of the City «~hether the project in its approved form will have a significant effect an the environment. {4} A brief statement of the mitigating measures which were adopted to reduce the ir~~pacts of the approved project. a (5} A statement that an EIR was prepared pursuant to the provisions of CEC~A and i;~as certified in accordance ~~rith Section 9.57b. c. The .filing of the Aiotice of Determination starts a 30-day statute of limitations on court challenges to the approval under CEt~A, Resolution No. 37 d. The form for the Notir.e o_f Determination shall be as sho~~~ti by I::~hit~it; ~-rl , modified to accomTiladate the IIIi process rec~uireri~ents. 10. APPEALS The ciecisians of the staff ~,nd Planning Agency on any environ~iental process or determination Iiiay 1~e appealedto the City Council upan the filing and payment of ~n appeal fee, as any otl~cr appeal is filed pursuant to the ~onin~; Ordinance. Upon appeal, the determi- na,ti.an of tl~e City Council shall be final and conclusive. Resolution No, 38 APPENDII B CONTENh`S OF ENVIFO\:`~,iENTAL IISPACT REPORTS Table of Contents Section Title f Page 1. GEIv'ERAL . . . . . 1 2. CONTENT OF THE DFAI~'T E.I.R. . 3 a. Table of Contents . , . . 3 b. Abstract . . , 3 c. Location and Character of Project 3 d. Existing Environment . . . 4 e. Physical Description of Proposed Project , 4 f. Socio-economic Characteristics of Project . . . . 5 g. Significant Environmental Effects of the Proposed Project ~ h. Any Significant Errvironi~.ental Effects ~`~hich Cannot be Avoided if the Proposal is Impl<n~ented 6 i. Mitigation i~Seasures Proposed to Minitni~e the Significant Effects , 7 j. Alternatives to tl~e Proposed Action . . 8 k. Rela.t~_onship Bet«=een Local Short- term Uses of Man's Environment and the 3~aintenanee and Enhancement of Long-term Products.?ity . 8 1. Any Significant Irreversible Envir- onmental Chant,es S~'hich i~~ould be Involved in the Proposed Action Should It Be Ir~.plemented . 8 m. Gro~~~th-Inducing Impact of the Proposed Actions . 9 n. Water C~uality Aspects 9 a. Effects Found Not tie be Significant 9 p. Organisations and Persons Consulted 3. CONTENTS OI' FINAL E.I.R. . . 20 ~PPE~~nz~ ~ ~OivZ'E~~TS t7I' EI~VIlZOLT,fEiv TEL IP.iPACT REPORTS 1 . GENERE'~L . t'~hen determined by the Community Development Director, on the basis of an Initial Stud~,~, that an Environmental Impact Report is required, inform~~,tion shal_1 be furnished in the content and format as l.erei.n specified: a. In order to facilitate changes in the EIR, such as the addition of :~u~~plemex~tal data, maps, letters, and other information, alI pages in an EIR must be easily separable, rc~bindabe, such as that allowed ti~ith loose leaf bir~d~rs, scree=-type bindings, combo binder, and other ~;imila.r methods. Size of the doeu- ment pages shall be Sz,~ n 11", or folded to such size. b. Each element mast be addressed and separated into distinct sections ~,vith each section beginning on a separate page. c. The infor:z~ation co~~tained in an EIR shall include summarized tec~_t?i_c~~.l data, maps, plot plans, diagrams ., ~ . . and similar rclev~~tit znxo~•~~~a~tlon su~txcient to permzt full assessment of significant environmental impacts by revie«~ing a.genci es and I~:embers of the public. Placement of hig?~ly technical and specialized analysis and data in the body of an .EIR should be avoided through inclusion o_i supporting information and analy- ses as appendices to the main body of the EIR. Appen- dices to the EIR ray be prepared in volumes separate from the basic EIF document, but shall be available for public examination and shall be submitted to alI clearinghouses tuhich assist in public review. d. The EIR should be prepared using a systematic, ii7ter- disciplinary approach. T~xe interdisciplinary analysis shall be conducted b,r competent individuals, but no single discipline shall be designated or required to undertai~e this evaluation. Preparation of EIRs is dependant upon information from many sources, i.ncludin~; the engineering pro•~ect report and many scientific doc- uments relating to environr~ental features. 'L'he EIR shall re:i'erence all documents used in its preparation includir~~ ;t•hcre pc>ible :~ citation to the page and section number of any technical reports iuhich Were used as the basis :for a7iy st«t~~ments in the EIR. Resolution No. 2 e. The EIR should discuss environmcnt4rl effects in propor- tion to their ~;c~~=erity and probability of occurrence. Effects dismiss->c~cl in an Zniti.al Study a~ cl.carly insi~;'- nific<rnt and unlii~ely to occur need not be discussed fur- ther in the }~ZI~ unless the Lead Agency subsequently .receives in1'orm<~tian inconsistent ti~xith the finding in the Initial Stud~~. A copy of the Znitial Study shall be attacixed to the }sIR to px•ovicle the basis for limit- ing the impacts discussed. f. An LIFE shall. contain a statement briefly indicating the reasons for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were nat discussed in detail in the EIR. g. Drafting an EIR necessarily involves same degree of forecasting. While foreseeing the unforeseeable is nat possi.blc, an agency must use its best efforts to find out and disclose all that it reasonably can. h. If, after thorough investigation, a Lead Agency finds that a particular impact is too speculative far evalu- ation, the agency should note its conclusion and ter- minate discussion of the impact. i . The degree of specif: icity required 1_n the EZR ~taill correspond to file degree of specificity ixrtsolved in theunderlying activity «rhich is described in the EIP~. j. An EIR may incorporate by reference all or portions of another document subject to the follow:i_ng condi- tions: {1) The referenced document must be available at the Tustin Branch of the Orange County Library and at the Tustin City Hall and so stated within the EIR. {2} The incorporated part of a referenced document shall be briefly described or sur;~marized. { 3) The rel.ationsha_p bet~~>een the incorporated part of the referenced document and the EIR shall be descrit~ed . k. Tile EIR should be prepared with a sufficient degree of analysis to provide the decision--makers with suf- ficient infort~;ation to enable evalu<~tion of environ- mental consequences of thou decisi.ans. 1. Twenty-five (25} copies of a draft EIR shall be required for local agency review. EZRs requiring Resolution No. 2 State Clearinghouse review shall be submitted in an ~ additional 25 copies. 2 . C©NTENT OF TlI1J DI~.AZ`T E . I . R . The content of a draft ZaIR shall include the required sections as follows: a. Table of Contents. The EIR shall contain a Table of Contents identify-~ ing the subject headings, references, a~apendices, and location of information contained within the document. b. Abstract. A Summary section shall be placed in the front of the document, identifying significant impacts of the pro- ject, rlitigating measures, and alternatives, with refer- ence to the sections of the main body of the report. The Language shall be such as to enable the issues to be easily understood by the average member of the lay public. c. Location and Character of the Dr.oject. (1) Location (a) Describe geographical location of project and surrounding area by detailed map and regional map. (b) Locate local jurisdictional boundaries; city-limit and county lines; water, flood control, sanitation and school districts. (c) Identify property ownership as appropriate. (d} Locate and describe topographic features and any existing improvements, pipelines, drainage ditches, transmission lines, roads. (e) Fully describe existing structures. (f) Describe surface and subsurface geology, (2} Statement of ~b,jectives A statement of the purpose and objectives sought by the proposed project. (3} Statement of Charactistics A general statement of the project's technical, Resolution No. 3 economic, and c~nvironn~~~ntal char acteristics, con- sidering t~~c priz~cipt~l en~;inet~ra.n~; proposals and s~zpparti.ng pudic service: facil_~_ties. (4} Ph~sin:~ of the project A statement and diagraans indicating phasing of the project, if ,any, including tentative schedules for grading, construction, and occupancy. d. Existin~;_ T',nviron;~~ent. {1) DescriLtion of Environmental Settin An EIp. must include a description of the environ- ment in the vicinity of the project, as it exists before commencement o.f the project, froul both a local and re~,ianal perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special. emphasis should be placed on environmental resources that are rare ar unidue to that region. Specific reference to related projects, both public and private, both existent and and planned, in the region s~zould also be included, :for purposes of examining the poss~_ble cumulative impact of such projects. Include dis-- cussion of existing energy supplies and energy use patterns in the region ~;,nd locality. {2} Histar.ical Background (a} Describe any characteristic of site that may be kno«~n historical, archaeological, or paleon- tological significance. (b) Describe history of existing development of site, if any. e. Physical I~escriptian of Proposed Project. (~_) Structur.es and Land Farm. (a) Describe proposed structures, location, size, type (factory, hotel, apartn~cnt, office build- ing, etc.}. (b} Identify location of machinery of various types. (c} Locate transportation elements, including any teznparary ones that may be used during construc- ti.an, rands, railroad tracl~s, pipelines, trans- mission lines, transformer station, pumping stations.' Resolution No. 4 (d) Locate and descr~.i~e open si~ace, paved areas, i~uffer zones, i.~olating walls, plantings. (e} Locate <~.nd describe recreation areas, walkways, `=rildlifc~ areas. (f} Describe changes in topology, cut and fill. {g) Discuss matters relating to safety. (h} Comment on lifetime of project. ~~ (2) EnergSr .tatters. (a) Discuss energy implications, when relecTant, to include the following: {i} Energy-consuming equipment and processes which will be used during construction, operation andJor removal of the project. 'T'his discussion should consider the energy intensiveness of materials and equipment required for the project. {ii) Total energy requirements of the project by fuel type and end use. {iii} Energy conservation equipment and design features. (iv} Initial and life-cycle energy costs or supplies. f. Socl_o-economic Characteristics of Project. (1} Estimated population density and dispersion, if residential. {2) Recreational areas. (3) Open space provisions. (4) Compatibility with surrounding areas. (5} Landscaping and general aesthetic appeal. {6} Density (d.u.jacre), if residential. (?} Price range of improvet7~ents. ,. (8} Effect on community economy. (9} Public services required. Resolution I~'o, 5 (10} Effect on local tax revezYUes. {lI} Ilistox•ical resource preservation. (12} Canformance witlx general plan elements. ~, ~Si nifi.cant Environmental Effects of the Proposed Project. Considering all phases of a project to include planning, acquisition, development and operation, (1) Describe the direct and 7.n direct significant effects of the project on the environment, giving due consideration to bath the short-term and long- term effects. (2} Include relevant specifics of the area, the resources involved, physical changes, alterations to ecologi- cal systems, and changes induced in population dis- tribution, population concentration, the human use of the land (including commercial and residezztial development} and other aspects of the x~_esource base such as water, scenic quality and public services. Cumulative effects shall also be discussed when found to be significant. (3} Discuss relevant; energy impacts as follows: (a} The project's energy requirements and its energy use efficiencies by amount and fuel type far each stage of the project's life cycle, including construction, operation,' maintenance and/or removal. If appropriate, the energy intensive- ness of materials may be discussed. (b} The effects of the project an local and regional energy supplies and on requirements for addi- banal capacity, (c} The effects of the project on peak and base period demands for electricity and other forms of energy. (d} The degree to ~~Thich the project complies with existing energy standards. (e} The effects of the project on energy resources. h, ~nV Si~;nific~nt En_vi.ronmental Effects ~tihich Cannot I3e Avoided i. f' the )?rot>osa1. i.:~ mulcmented. (1} Describe any significant impacts, including thane Resolution Na. 6 which can be reduced to an insignificant level but ~ not eliminated. ~4'here there a.re impacts that cannot be alleviated r~t,=ithout i1;~posinr, an alternative design, their implications and the reasons S~i1y the project is being proposed, not;eithstanding their effect, should be described. Describe significant impacts on any aest~ietically valuable surroundings, or on human health. (2} Discuss unavoidable adverse effects such as waste- ful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated. i. ~Sitigation '~~er~sures Proposed to linimize the Sianilicant 1~'ffects. (1} Describe si;nificant avoidable adverse impacts, including inefficient and unnecessary consumption of energy, and, the measures to minimize these impacts. The discussion of mitigating measures shall distinguish between the measures which are proposed by project proponents tc~ be included in the project and other measures that are not included but could reasonably be expected to reduce adverse impacts. This discussion shall include an identification of the acceptable levels to wf7ich suciz levels were identified. ~'~here several measures are available to mitigate an impact, each should be discussed a.nd the basis for selecting a particular measure should be identified. (2) Discuss energy conservation measures, as well as other appropriate mitigating measures, when rele- vant. itlitigation measures may include: (a} Potential measures to reduce wasteful, ineffi- cient and unnecessary consumption of energy during construction, operation, maintenance and/or removal. The discussion should explain why certain measures were incorporated in the project and «~hy other measures were dismissed. (b) The potential of siting, orientation, and design to minimize energy consumption. a {c} The potential for reducing peak energy demand. (d} ~ilternative fuels (particularly re~te~vable ones) or energy systems. (e} EnergjT conservation tix,~hich could result from recycling efforts. Resolution Nn. 7 j . AI tmc7rnatives to the Prol~osf~d Action . (1} Describe al1_ reasonable alternatives to the pro- ject or to the location of the project, ~~=hich could feasibly attain the, basic objectives of the project, and ruby they were rejected in favor of the ultimate choice. T11e specific tes•m of "no pro~jcct" must also al~~~ays be evaluated, <~long with the impact. 'The discussion of alternatives shall include alternatives capable of substantially reducing or eliminating any significant environmental effects even if these alternatives substantially impede the attainment of the project objectives, and are more costly. (2} Energy alternatives should be compared in terms of overall energy consumption and in terms of reducing ~~vasteful, inefficient and unnecessary consumption of energy. k. Relationshir~ Between Local Short-term Uses of ~Yan's Environment and rho r;lai~~tena.nce and Enhancement of Z~ozyg-term Productivity. . (1} Describe the cumulative and long-term effects of the proposed project tisahich adversely affect the state of the environment. Describe ~.mpacts which narrow the range of beneficial uses of tb.e envir- onment or pose long-term risks to health or safety. (2} In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alter- natives, should be explained. (3) Short-tert~7 gains versus long-term impacts should be comp~:~red by calculating the energy costs over the 1 ifeti.rr~e of the project . 1, Any Si{;ni_fiica_nt Irreversible Environmental Changes S'r'hi_ch ~'~'o~tlcl ~c~ Involved in tl~c Proposed fiction Should It be Itz~x~Iemc~ntc~d. (1} Uses of nonrenewable resources during the initial and continued phases of the project may be irrever- sible since a large commitment of such resources makes removal or nonusf~ thereafter unlikely. Pri- mary impactsand, particularly, secondary impacts {such as a highway improvement which provides access to nonaccessible area) generally commit future generations to similar uses. Also, irre- versible damage can result from environmental Resolution No. 8 ~ accz.dents associated with the project. Irre- trievable commitments of resources should be eval- uated to assure that such current consumptian is• justified. (2) Discuss ho~v the project preempts future energy development or future energy conservation. m. Growth-Inducing Impact of the Proposed Actions (1) Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environ- mezlt. Included in this are projects which would remove obstacles to population ~ ro~t~Tth (a major expansion of a wastewater treatment plant might, for example, allow for mare construction in ser- vice areas). Increases in tl~e population may fur- tYier tax existing community service facilities so consideration must be given to this impact. Also discuss the charaef:eristic of some projects which may encourage and facilitate other actitiJities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. {2) Discuss the estimated energy consumption induced by the project. n. jti'ater C~uality Aspects. Describe in the environmental setting section, and other sections where applicable, water duality aspects of the proposed project which have previously certified by the appropriate State or interstate organization as being in substantial compliance with applicable water water quality standards. o. Effects Found h'ot to be Significant. The EIR shall contain a section which indicates the xeasons that various possa_bly significant effects of a project were determined not to be significant and were therefore not discussed in detail in the EIIi. This requirement may be satisfied by the inclusion of a copy of the Initial Study. , p . Org<rnizat ions ar~d Persans Consulted . The identity of aI1_ Federal, State or local agencies, Resolution Na. 9 other orl;aniz;~tions and private individuals consulted in preparing the EIR, and the identity of prrsans, firm or agency prcparinr, thf~ EIR by contract or other authorization must be given. 3. CONTENTS OF FINt1L E.I.R. a. The Final EIR shall consist of the Draft EIR con- taining the elements described in Section 2 of these Guidelines, a section listing the organizations and persons consulted and containing tl:e comments received throul;~h the consiiltati.on process, either verbatim or i.n summary, and the response of the City to the significant environmental points raised in the review and consultation process. Resolution No. 10 ~. APPENDIX C PROCEDURES f1ND FEES The procedures as herein outlined shall be applied iay the Com- munity De~relopment Director in the implementation of the Calif- ornia Environmental Quality Act. 1. PRE-APPLICATION DETER~;ITNATIOiv' Prior to the acceptance of an application for a permit or dis- eretionary api~roval from the City of Tustin, the Community Develai~ment Director shall make a determination of the project's environmental status and shall indicate that the project is: a. Nat covered by the requirements set forth in CEQA. b. Categorically exempt on the basis that the project is included t~~ithin a class determined by the Secretary of Resources not to hav e a significant effect upon the enviranrnent . c. A ministerial project that is exempt from the require- ments of CEQA. d. An Initial Study is required to determine the environ- mental status of the project. e. The project will clearly have a significant effect upon the environment and an EIF~ shall be prepared. 2. INITIAL STL?DI~ REQUIRE~,':EidTS a. i9hen an Initial Studv.T is required for a private project, the applicant shall furnish the information specified on the Initial Study Form (A-2). b. 'The Com~~~unity Devclapment Director shall revi.ec=.T the information presented and shall make a determination that the project is subject to the follac~fing findinbs: (1) An Environmental Empact Report shall be required. (2} A focused EIR shall be required. (3} Tire project qualifies for a Negative Declaration. (~} A Negative Declaration may be granted upon the 1 Resolution No. ~. ~, agreemezzt to provide mitigating measures to eliminate significant impacts upon Sze environ- ment. 3. NEGATIVE DECLARATION Upon a determination that the subject praject woul.rl qualify for- a Negative Declaration, the Community DUvelapmerzt Director shall consult with responsible agencies, prc'~t~~~.re ~. ~'-~~~•:ative Declaration, and provide notices as required by CEQA and t~~,~~~e guidelines, 4. ENVIRON11Ei~'TAL IP~IPACT REPORTS a, ~4'hen determined that an Environmental Impact Report shall be required, the Commun.i~ty Development Director shall indicate the scope of the required EIR. b. Applicants for private projects requiring an EIR sha11 arrange for the preparcr of a draft EI,~. to confer with the Community= Development Director on the content and format of the document. c. The applicant shall cause tine required information to be submitted to the Community] Development Depart- ment for the preparation of an Environmental Impact Report. d. The Conununity Development Director shall revie4v the information far adequ:z.cy, prepare an independent analysis, circulate, and provide notices as required by CEQA and these guidelines. 5. PUBLIC PROJECTS The Community? Development Director sha11 prepare or cause to be prepared all documentation and processes required by CEQA for public projects, including annexations and general plan elements. 6. COUNCIL AND PLANiti'iNG AGENCY REVIE~Y Project proposals and communications to the Planning Agency or City Council from a department related to a project shall contain a separate paragraph identifying its CEQA status as follows: a. That the praject is categorically exempt from CEQA. b. That a Negative Declaration was issued for the . project, c. That a Draft Environmental Impact Report has been Resolution Na. 2 prepared and is {is not) recomn7cnded for certification. d. Tlzat the Cif.y is not tl~e Lead A€;ency and that the final 1?.1R eras certified by the appropriate agency=. e. That an FIR lzas been prepared in relation to the proje ct. to serve multiply or s ub~;egt~ent projects and the d raft EIR is (is not} reco n~nended for certifica- t ion . f. That an EIR has been certified for an earlier under- lying project. ~. That the project will require satisfaction of CEC~A prior to approval by the legis lati~Te authority. 7. CERTIFICATION OF THE E.I.R. Certification of an FIR by the Planning Agency or City Council shall be by Resolution, stating the reasons for approval of a project where significant effects have boen identified in the EIR. $ . FLO14' CHART AND CHEGI~LIST OF PROCELURZS The Community DeveJ_opment llirector shall prepare a fJ_ow chart and checklist of procedures to assure the tir.:ely and complete cons,>liaz~ce ti~rith the Gali.°ornia EnviroriTr~eni~al C~uality Act and the Guidelines. for its it77p1.esnentati_on. ~. FEFs Fees for the processing of environmental documents required for private projects shall be as folio«s: a. Categorical Exemptions - No fee b. Tlinisterial Projects - No fee c. Exempt Projects - No fee d. Initi_a1. Study Reviec~r and Negative Dcc1_aration - X100.00 e. EZII Review - $250.00 Resoltzti.on No. 3 ~. ~ J' l J~ ~, ~ ~'lt ~tE1CIE; fIr'1vIi3t~ .3Z1RZ5L~'IC"PIOiti R~ I.~~W tip }::{~'I~;~`I"1;;}: 1. Orange County Environi~~trntal A',=_:.,~ ~~nt. :igc~IU.y Attn: Env.iror.mental C'vntro? C)ftic~~~r 470 Civic: Center IJrive west Santa Ana, CA 9270?1 2. '1'ustirs Unified Sclrccl District 300 South "C" Street Tustin, CA 92hti>t~ 3. Tustin Water t^Iorks 235 E. Main Street `7'llStlI1, CA 92680 4. Southern Cali f-arnia 4'di. svn Company 6Gl td. 8th Street Santa Fena, CA 927171 5. Southern California Gas Company 713 N. Main Street Santa Ana, CA 92"101 6. Pacific Telephone and Telegraph Co. 1015 N. Main Street: Santa Ana, CA 92701 7. Orange County Sanitation District #7 P.C7. Box 81.27 Fountain galley, CA 92708 8. Orange County 1'i re T7epartmer~t 180 Sor.t}i t~atcr c~tr<~c~t P.O. Box 86 Orange>, C'A 9266E} 9. Local Agenc~Y=r'ormr~tivr~ i'or,unirsr>ion 515 N. Sycamorzr> tr_eet, Boor; iUl Santa Ana, CA 92701 10. Irvine Ranch t~Jat<~r D.istri_cY_ 42{71 Campus Drive Irvine; CA 92664 11. Southern California Association of Gc>vernr,~ent_s 600 South Commonwealth «venuc Suite I,1)06 Los Angeles, CA 90005 ll.'r' ) 7 4 ~ t ~ e, 12. Air Pollution Control District 1610 E. Ball. Road Anaheim, CA 92805 13. water Pollution Control District '~ 71GErICZES WZTFi SPECIAL INTERESTS 1. State Agencies (Appendix B - State C>uidc~lar~es) 2. University of C<~li.fornia, Irvine (Depts. of E{istory & 13iolo<;;ica1 Science) 3. California State University, F~_zllerton (Depts. of history anti Biological Science 4. Orange County Transit Districts 5. Airport Land L7se Com~znission ~'i' ,rl f';'»> 'C: ~ T itJ,;~~/ ..,iL~<< r-i 6. California Department of Tzansportation 7. U5i~1CAS (tI} 8. Saddleback Coruz~.~nity College District ~;~`a'~45:3~ ~ ~~'""~~' C`t/f/',`j G, E° ,/'<?c_ t~ i~ ~i~LC_ r? ~ ~9 ~-'L~7" itir ~--c~,~n;~?~' a_.u .. _..~_ 9. federal Aviation Agency 10. Orange County Airl:ort 15 ~:.~~ ,~> - , ~- scJ~? ti .~_i~-~' ~f> fit' .1i i) tr~ci~ %~ Ui-' 1:?7~~'i 11. Federal I-iousing and Urban Develo~~~r~ent ~,~ `~~~-7C!l ~x~~~BIT A-6