HomeMy WebLinkAboutCC RES 74-091!
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RESOLUTION NO. 74-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION
NO. 73-24, ENVIRONMENTAL IMPACT REPORT GUIDE-LINES AND PROCEDURES
The citY Council of the City of. Tustin, California, does
hereby resolve as follows
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1. p_ur?ose. The Purpose o'f these Guidelines and. Procedures as
herein or hereafter adopted by the City Council is to pro-
vide the public and governmental agencies and departments
with principles, objectives, c~iteria~ definitions and pro-
cedures for the implementation of the California Environ-
mental Quality Act of 1970, Public Resources Code Sections
21000-21174 as amended by Chapter 1154 of the Statues of
1972, and the Guidelines adopted by the Resources Agency .
of the State of California. ~
2. Poli'cy. It is the policy of the City of Tustin to comply
~-i~th:~{he spirit and. intent of the Environmental Quality
Act and regulations related thereto for the purpose of
maintaining a high-quality environment for present and
future generations. The objectives of efficiency and
simplicity in applicable procedures will be stressed.
Emphasis will be placed upon mitigating factors that can
contribute to the preservatSon and enhancement of the
social, economic, and physical environment.
3. Definitions.
3.1 General. Whenever the following words are used in
~h~e-se 'gUidelines and. procedures, they shall have the
meanings hereinafter set forth. In the event of conflict
of interpretation or ambiguity, the definitions used.
in the California Environmental Quality Act and. the
Guidelines adopted by the Resources Agency of the
State of California shall control.
3.2 Approv~al. means the decision by a public agency which
Commits-the agency to a definite course of action' in
regard to a project intended to be carried out by any
person. A majority action of the City Council to
commit resources to a project is the effective date
of approval, and said date shall not be later than
the approval of plans and. specifications of a project
by minute order, resolution or ordinance, in connec-
tion with private activities, approval occurs upon
the earliest commitment to issue or the issuance by
the public agency of a discretionary contract~, grant,
subsidy, loan, or other form of financial assistance,
1.ease, permit, license, certificate, ~.r other entitle-.
ment for use of the project.
3.3 CEQA- California Environmental Quality Act.
Environmental Quality Act (CEQA) means ~'~a].i~-- '
. .~ .._ o rn3. a
Public Resources Ccde Sections 21000 through 2i].'74.
3.4 ~__a~_t_~g_0rical ......... _Exemption- .............. Categorical Exemption means an
exemotion from the requirement for the preparation of
an environmental impact report for a el. ass of projects
based on a finding by the Community Development Direc-
f. efi n~.d by thi..;
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article and consistent with the State Gu£delines~''
does not have a significant effect on the environment.
3.5 DisCretionary Pro~ect
........ :.-. ..... i__.~.~~ .... Discretionary proj eot means an
activity ¢~eflned as a project which requires the
exercise of judgment, deliberation, or decision~ on
the part of the City Council or Planning Con~]~ission
approving a particular activity, as distinguished
from situations where the public agency or body"merely
has to determine whether there has been conformitY
with applicable statutes, ordinances, or regulations.
3.6 Eme--gen____~y. Emergency means a sudden, -unexpected ~'
occurrence demanding immediate action to prevent or
mitigate loss or damage, to life, health, property,
or essential publiC services.
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3.7 Environment. The totality of man's surroundings
· nclud-fng- social, economic and physical' .factors. The
physical conditions mean those which exist in the area
which will be affected, by a proposed project, including
land, air, water, minerals, flora, fauna, ambient
noise, objects of historic or aesthetic significance.
3.8 Environmental Docum.~nts Envirom~.ental docum~ents
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Declarations, Notices of-Completion, and NotiCeS of
Determination.
3.9 EIR- Environmental Impact Re~ort Environmental '
Impa ct--R~-0~-t'- ::(-~IR)-~-e~~~~i ed s ts tement .se t'ti ng
forth the enviroDJnental effects and considerations per-
taining to a project as specified, in Section 211'00 of
the California Enviro~.ental Quality ACt.
(a) Draft 'EIR means an EIR containing the information
specie-leG in Sectio~.~s 7.1 thru 7.14 of these
Guidelines. ,
(b) Final EIR means an EIR containing the information
spec~ ~~~d in SectJ. ons 7, and .~ of these Guide-
.l£nes, a section for co-mments--received in the
consultation process, and the response
Lead Agency to the con--.eh-tS received. This ..term
is discussed ~n detail ~.~.] Section 15146 of 'the
Public Resources Guideline. ' .....
3.10 EIS- Environmental Im~ac't Statem,<~nt. Environmenta.1
Impa'ct Statemer~t... {El!fSi means a]~ 'aLv;~ronmentai impact
report prepared pursuant to the National Environmental '
Policy Act (NEPA).' The. Ped. era. l Gc, v~-~'.,~men't uses the
term EIS in the place, of the hermit 2j?R ',,~]'~:~.ch i.s used
in CEQA. ..
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3.11 Feasible. Feasible means capable o~ b~_~ng accomplish, ed
~n'~ successful manne.~; Dy reasonable available,
economic, and .workab].e meo.~.s.
3.12 I~,!tial Study. I~itial study means a preliminary analysi~
prepared by the lead agency pursuant to Section. 15080
to determine whether an EIR or a Negative Declaration
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must be prepared.
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3.13 Lead· Agen'cy.. L~ad Agency' means the public agency which
~{a~:~-t'h~~-~ principal responsibility ~or preparing en-
vironmental documents and for carrying out or approving
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a project which may have a significant effect on the
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environment. .
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'~..14' ~9C_a_!, ~e. ncy. boca'l- agency means an7 publ'ic a~ency
other than a state a~ency, board or commission. Local
agency includes but is not limited to cities, counties,
charter cities and counties, special districts, school
districts, redevelopment agencies and any board t
commission, or organizat'ional subdivision of a local
agency when so designated by order or resolution of
the governing legislative body of the local agency.
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3.15 May'~identifies a permissive element which is left
u~-~'~ly to the discretion of the public agencies involved.
3.16' Ministerial Projects'. Ministerial projects as a
general rule, include those activities defi'ned as
projects which are undertaken or approved by a gov-
ernmental decision which a public officer or public
agency makes upon a given state of facts in a pre-
scribed manner in obedience to the mandate of legal
authority. With these projects, the officer or agency
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must act upon the given facts without regard to his
own judgment or opinion concerning the propriety or
wisdom of the act although the statute, ordinance, or
regulation may require~ in some degree., a construc'tion
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3.17 Must or "shall" identifies a mandatory element which
a~i-i--Public agencies are required to follow.
3.18 N_~g_~ti. ve Declaration. Negative declaration means
a statement by the'-iead agency briefly presenting th'e
reasons that the project, although not otherwise exempt,
would not have a significant effect on the environment
and therefore does not require an EIR.
3.19
Not~i,c9 o_f ~C0mp!e_ticn. Notice. of Completion means a
~rie~-~e-po~-t--filed-With the Secretary for Resources
as soon as a lead agency has completed a draft EIR
and is prepared to send out copies for review.
3.20 Notice of Determination. Notice of Determination means
.. ~--~-ri-~f~ 'noti~e ~t°-be ~-iled by a public agency when it
approves or determines to carry out a project which
is subject to the requirements of CEQA.
3.21.Person. Person includes any person,--firm,-,association,
organ-,.zation, partnership, business, trust, corporation
company, district~ county~ city and. county, city, town,
'the State, and any of 'the agencies' political sub-
divisions of such en~ities.
3.22 Proje.ct.
(a) Project means the whole of an action~ resulting
in physical impact on the .environment, directly
or ultimately, that is any of the following-
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1) an activity directly u~.~ci~,].taken by' any. public
agency including but no% limited 4.:.o public
works construction and related ac~:ol, vi%ies,
,': ..... clearing or grading of ].and, improvements to
existing public'structures, enactment and
amendment of zoning ordinances, and the
adoption of local General Plans or elements
thereof, pursuant to Gover~r~ent Code ..Sections'
65100-65700.
2) an activity undertaken by a person which is
supported in whole or in part ~hrough public
agency contracts, grants, subsidies~ loans,
or other forms of assistance from one or. more
public agencies. ..
3) an activity involving the issuance to a person
or a lease, permit, license., certificate, or
other entitlement 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 ~.egislature. '
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3) Continuing administrative or maintenance
activities_~ such as purchases for supplies:
to public service ~'ac~i~_ties, genera.£ policy
and procedure making (except as they are
applied 'to specific instances covered above)
feasibility or planning, studies.
(c) The term "project" refers to' the underlying
activity and not to the goverrnnental approval
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process.
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· otate agency,
3 23 Public Agencv. Public agency includes any ~?
b6ar~d-O~~ ~om~ission and any local or regional' agency,
as defined in these Guidelines. It does not include
the courts of the State. This term does include
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agencies of the federal gov~']~ment.
3.24 Responsible Agency. Responsible agency means the public
agency wnzcn proposes to undertake or approve a project
but is not the lead agency for the project. It includes
all public agencies other than the lead agency which
have approval power over the project. ~
3.25 'Should identifies .guidance provided by the Secretary
~or Resources based on policy considerations contained .......
in CEQA~ in the, legislative history of the statute, or~
in federal court, decisions which Californ:i.a courts
can be expeci~ed 'to follow. Pub'S:Lc agencies are.. ad~?"sea.
,_h_ s u ....... ~' ,. "'
to follow ~ '; g j. dance in the abser~ce of c. on~.p,:,i].i .'
countervailing c0nsiderations ~ ..
3.26 ~f'icant Effect. Significa~tt effect means a sub-
st~-~~a'~ ~verse impact on the envlronme~t. '
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4. Responsibilities
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4.1 ' .Pu___bl_ic_.Agenlci'es. The City of Tustin, its agencies
and depa'r-tmen~s, and other goverrunental agenci, es
operating within the incorporated limits of the
City of Tustin are responsible for the preparation
of an EIR as required by the Guidelines of the State
Resources Agency.
4.2 · Private Persons and Aqencies. Individuals and Agencies
~e~~S£-~h~-~aU~h6r-~~~~-r~a~project that may have a
significant impact on the environment are responsible' '.~
for the submission of a draft EIR in accordance with
the guidelines and procedures as herein established.
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4.3 Con~nu.n.i.ty Deve!0p~ent.. _Department. The Community
Development Department of the City of Tustin is
responsible for the preparation and custody of the
Final EIR and for findings that each. project given.
a Categorical Exemption or Negative Exemption will
not have a significant effect on the environment.
4.4 Planning' 'Agency. The City Of Tustin Planning Aqency
%_ - ~ -- _%. _ ~_,~__ ~ _ ~_, _ _~..--
zs responsible for the approval of an EIR within' the
jurisdiction and to assure the adequacy and objectivity
of the report.
4.5 'City Council. The C_~ty Council of the City of Tustin
i-s~-th~f-inal authority for approval of an EIR for
private projects subject to Council approval and for all
proj.ects on appeal.
5.1 ~ Public Pr0_~_'ects
(a) When the City or public agency plans to carry out
a project which may have a significant effect on
the environment, the City or public agency shall
prepare an EIR through its own efforts or through
contract, unless the project is otherwise exempted.
(b) Where a project which may have a significant effect
on the environment is to be carried out by a non-
governmental person subject to approval, financial
support, or some other involvement by a public
agency, the City or the public agency will prepare
Environmental documents by its own efforts or by
contract. However, the agency or the City may
require the person to supply data and information,
both to determine whether the project may have a
significant impact on the environment, and to
assist in the preparation of an EIR by the agency.
'This .information may take the form of a Draft EIR,
subject to independent evaluation and analysis by
the city. The draft EIR which is sent out for
public revJ. e%~ shall reflect the ind. ependent judg-
ment of the Lead Agency. The applicant shall
sp'ecify tc the best of his 'kr:owledge which other
public agencies will have approval authority over
the project.
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(c) Where tile project is tO be undertaken by'a local
agency~ as define~ in these Guidelin~s, but
~"-, requires state approval of financial assis'tance,
the' state agency shall require the lccai .agency
to prepar'e'. %he ,-,:~TR .... or 'NegatJ ~,e.~ D~ciaration,,, to be
submit-ted with 'the reques~ for approval Of' the
propose(~ project. This must also }De done where
federal funds are .involved, but only if a state
agency has discretionary authority over the same
use of those funds. If the local project has
been mandated on the local agency' by a state
agency, the EIR prepared by. the local agency may
be limited to. consideration of those factors and
alternatives ~'hich do not conflict with the order.~
(d) The EIR may be prepared as a separate document, or
as part of a project report. If prepared as a
part of the project report, it must still (;ontain
in one separate and distinguishable sect,.on 'the
elements required of an EIR~ including the ].4
elements .specified in Section 7' of these Guide--
lines.
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(e) Not more than one EIR shall be prepared, in
connection with the same und. eriying activity, and
the EIR shall be prepared by the Lead Agency.
Any pr s a
5.2 Federal Project_~. opo ed feder 1 project' which
~a-~-h~v~'-'a ~-~-~ficant effect on the enviro~r~ent shall
be processed in. accordance with Section 15063' o~. the
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5.3 Lead 'Agency principle. Where a Project is to'~ be
carried out or approved by more than one p~'zblic agency
only one public agency shall be responsible for pre-
paration of enviro~nental documents and i% will be the
Lead Agency. Such environmental documents wi. ll.. be
prepared by the Lead Agency in consuitatJ, on with all
other responsible agencies. E~he Lea~ Agency's
vironmental doc~ents shall be the enviror.~ental
documentation for all responsible agencies. Such
responsible agencies shall consider the Lead.Agency's
EIR or negative declaration 'prior to acting Upon or
approving the projects~ and they shall certi~
_ . ~y' that
their decision-r~.~aking bodies have reviewed a.nd,., con-
Sidere~ the info~atio~ contained in 'them~
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5.4 Desiqnation of Lead.. A_~e_ncy. Where two o~~ more public
agencies are involved %~ith a project, which age.ncy
shall be the Lead Agency shall be d. etermined.bY the
following principles'~
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' (a) The Lead Agency shall be tt~e public agency which
proposes %o carry out th.e projec~,::
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(b) If the project is to be carried out be a non-
governmental person, the Lead. AgencY shall be'
the. public agency with the greatest responsibility
for supervising-or~ approving the project as
whole. The Lead Agency will .generally be the
agency with general governmental powers rather
than an agency with a single or limited purpose
which is involved by reason of the need to pro-
vide a public service or public utility to. the
project; in such cases, the single or limited
purpose agency will, upon reqbest, provide data
concerning all aspects of its activities required
to furnish service to the pr0ject~ to the agency
drafting the EIR, and no separate EIR will be
required in regard to such activities.
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(c) -Where more than one public agency equally meet the
criteria set forth i~n paragraph'~b above, the
agency which is to act first on the' project in
question shall be the Lead Agency (following the
principle that the environmental impact should
be assessed as early as possible in governmental
planning ~.
(d) where the provisiOns of subsections (a), (b) , and
(c) leave two or~ more public agencies with an
equal claim to be the lead agency, the public
agencies may by agreement designate which agenCy
will be the lead agency.
'Re..qear" ch.-~----~ .............. In the event- ..................... that the de~i~nati~'n- .... o~£
~-Lea~gency is in dispute, the following criteria
shall apply:
(1) Public agencies should consult with each
other in an effort to resolve the dispute
prior to submitting it to OPR.
(2) If an agreement cannot be reached, any public
agency, involved may submit 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
submitted to OPR;
(4) Determination of the dispute on the basis of
written statements or by a hearing.
(c) Designation of a Lead Agency by OPR shall be based
on consideration of the criteria in Section 15065
of the Guidelines of the Public Resources Agency as
well as the capacity of the aqency ~o adequately
fulfill the ~'equirements or cEQA.
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5.6 Consultation ~ith Res~onsible'. Agencies. When more
than one pu~i~c agency will De lnvolve~ in under-
taking- o~ 'a~')¥3roving._ ~. a proj ec~''~., ~ the Lead Agency. shall
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consult wit' ..... .. ~ ,
~ .... all ...e.~.~onsib].e agencies (i e., all the
other public agencies involve~ in carrying out or
approving the project)~ before completing a draft EIR
or Negative Declaration. This early consultation is
designed ~o insure 'that the EiR or Negative Dec-
lara%ion will reflect the concerns of all responsible
agencies which will issue approvals for the project.
After completing the draft EIR or Negative Declaration,
the Lead Agency shall also consult with ~ther public
agencies having Surisdicticn by law and sho'ald consult
with persons havzng· special expertise.
5.7 'Subsequent EIR. Where'an EIR has been prepared, no
~.t~.onaI EIR. need be prepared unless:
(a) Substantial changes are proposed in the project
which will require major revisions of the EIR,
due to the involvement of new environmental
impacts not considered in the original EIR;
(b) There are substantial changes with respect to
the circumstances und. er which the project is to
':'~ ~.~o be considered, such as a change in the proposed
' · "~ location of. the project, which will require major
rev±sions in the EIR due to the involvement of
new environmental impacts not covered in the
origln~i '?
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5.8 Use-of 'a si'nqle 'EIR. The City or Lead Agency may emp'!.,~.
a s~ngle ~IR to describe more than one project, if
such projects are. essentially the same in terms of
"envirom~nental impact. Further, the City may use an
earlier-EIR, prepared in connection with an earlier
project to apply to a later project, if-the circumstance
of the projects are essentially the sa~e. The City
· . may elect to write EIRs in advance for entire' programs
or regulations, in order to be prepared for project
· applications to come. Whenever the City chooses to
utilize any' of these alternatives, however, it must.
find that the environmental effects of the projects
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are similar enough to warrant the same treatment in
an EIR and that the EIR will adequately cover~ the
\ impacts of any single project. If these tests are not
met, the City should amend the EIR it prepares for a
'orogram to apply it to an individual project with
unu. sual characteristics.
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5 9. Multiple and Phasi~d Pro~-~.c. ts. Where individual projects
are, or a phased, pro~ect ~s, to be undertaken and where
the total undertaking comprises a project with sig-
'~"~ificant envi~-onmental effect, the Lead Agency must
'.U~epare a s.~.. ,-"'J.e E'".~. for the ultimate project. Where
an individu'~ ~:';r'ojeCt is a necessary precedent for
- ~ .' ' 4ec~ or commits the Lead'
A.9~ency. -to a ",',,...,.~..,~c:--p~-cject~~ with. significant environ-
mental, effect~ .an EiR must address itself to the scope
of the larger p~;oject, subject to the limitation of
Section 5.6 of these G~]idelines. Where one project
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· but is ncr deemed a part of a larger 'undertaking or
a larger project', the agency may prepare one EIR
for all projects, or one for each project, but should
in either case conunent upon the combined effect.
6. 'Ex~emptio'ns. Projects as defined in this section are
~-xemp-t---f~om the requirement for an environmental impact
report:
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6.1 'Em__e r g'_~_e_)~:cy~ P r_oj ~e~.~
(a) Projects undertaken, carried out, or approved by a
public agency to maintain, repair, restore, emolisl
or replace property o~ facilities damaged or
'destroyed as a result of a disaster in a disaster-
stricken area in which a state Of emergency has
been proclaimed by the Governor. ~
(b) Emergency repairs to public service facilities nec-
essary to maintain service.
,('c) Projects undertaken as immediate action necessary
to prevent or mitigate an emergency.
6.2 Feasibility and Planning Studies. A project involving
°hl-Y -fe-~sibiii~-~:"~or'~p-l-ann:~-n~- ~St~u-dies for possible
future actions which the agency, board, or commission
~~ ,..-,.o~ ~ ,-o~=? ad.,.opt~ '~,~ ~"-~ ~,o ~
:.".'~, --, '". ..... P F.-,' ............. ,- ...... ~ ......~ u .,. ~,,.~,. ,_ ~ e s ..,-: o ,_ ....... = .....
'the p~'-epara'cion of an environmenuai impac= repor= bu'u
does require consideration of environmental factors
as required by Section 21102 of CEQA.
~.~.:.3 Ministerial Projects. Ministerial projects as listed
h~-~in, and such other acts as may be determined by the
lead agency to be devoid of discretionary provision
are exempt from the requirement for an EIR.
-(a) Issuance of building permits, t0 include plumbing,
'electrical, mechanical, masonry, framing, and
roofing.
(b) Issuance of Grading permits if:
(1) Exempt from the permit requirements of the
Uniform Buildin~ Code, or
(2) Not in 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 ind. ividual utility service connections
and d. isconnec ~.ion
(g) The issuance of street permits within the public
right-of-way.
(h) Minor' variances and use Dermits within the '%~]ris-
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dictional autl~ority' o~ the Zoning Administrator.
(i) The issuance of sign permits.
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(j) The issuance of animal.permits. . .
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(k) Administrative and Planning Agency site p~.an~.
and project review and approvals not requiring
'' public hearing.
6.4 Cat'e'gor'i'cal Exem,__ot. ions o The following categoriCal
~-~e~OLnS a-s-~st-~b~shed 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, and are
therefore exempt from the requirement for the prepara-
tion of an EIR.
6.41' 'Class 1: Existing Facilities. Class 1 'consists of the
operation,. . , ma~_n.tenance, or minor alteration o~.
existing public or private structures, facilit, ies,
mechanical equipment', or topographical features',
involving negligible or no expansion of use beyond that
previously existing, including but .not limited to'
(a) Interior or exterior alterations' involving .such
things as interior partitions, plumbing, and
electrical conveyances; · .
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(b') Existing facilities of both. investor and .publicly
owned utilities used t'o convey or di~.]t:.ribute
electrical power, natural gas, sewage, etc.;
(.c) Ex.isti~t~ i-~:Lqi~w~v'.~ and s-t,"'eet,~ (¥~i'ti,ii, aiz'e.~d"~' -.
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'established rights-of-way) sidewalks, gutters,
bicycl, e and. pedestrian trails, and similar
facilities;
(d) Restoration, or rehabilitation of deteriorated
or damaged structures, facilities or mech. a~.~ical
equipment to. meet current standards of public
health and safety, unless it is determined-that the
damage was substantial and resulted from an
environmental hazard such as earthquake, landslide
or flood;
(e) Additions to existing structures provided that. 'the
addition will not result in an increase of' more
than 50 percent.of the floor area of the Struct'are
before the addition or alteration, or 2500 square
feet, whichever is less;
(f) Addition of safety or health protection devices for
use during construction of or in conjunction with
existing structures, facilities or mechanical
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equipment, or topographical features~ (including
navigational devices) where these devices"do not
have or result in an adverse environmental impact;
(g) New copy on existing on-and off-premise szgns;
(h) Maintenance of existing landscaDing~ n~'.tive growth
and water supply-reservoirs (excluding tl'{""
~.:. 'U S e
of economic poisons, as defined in
Chapter 2, California Agricultural Code)
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(i) Mainte'nance of fish screens, fish ladders, wild-
li'fe habitat a.~.~eas, arc].zica1 wildlife waterway
devices~ stream:f[l, ows~ springs and waterholes~ and.
stream channels (clearing of debris) to protect
fish and wildlife resources.
(j) Fish stocking by the California Department of
Fish and Game and Mosquito Abatement District.
(k) Division of existing multiple family rental units
into condominiums.
6.42
(1) Demolition and removal of buildings and related
structures except where they are of historical,
.archaeological or architectural consequence as
officially designated by Federal, State or local
governmental action.
Class 2: Replacement or Reconstruction. Class 2
~.~n~is-t]rs ~of-rerpi'ac~.~{e~~6~-~-~c-o~-s-~r~-~on of existing
structures and facilities where the new structure will
be located on the same site as the structure replaced
and will have substantially the same purpose and
capacity as the structure replaced, including but not
limited to: ,
(a) Replacement or reconstruction of existing schools
and hospitals to provide earthquake-resistant
s~ruc%ures wl~icl~ do no~ .k~cre~e ca~acitv more
than 50%.
(b) Replacement of a commercial structure with a new
structure of substantially the same size and
purpose.
,
6.43 Class 3: New Construction of' Small Structures. Class 3
~-~n~i-s-~s -o-f ~co~s-~UC-~-O-~' ~n~-- ~-'o~a't'~O~n-of~S_{ng~i e ,. new
facilities or structures listed in this notice and
installation of new equipment and facilities including
but not limited to:
(a) Single family residences not in conjunction with
the building of two or more such units.
(b) MOtels, apartments, and duplexes designed for not
more than four dwelling units if not in conjunction
with the building of two or more such structures.
(c) Stores, offices, and restaurants if designed for
an occupant load of 20 persons or less, if not in
conjunction with the building of two or more such
structures.
· (d) Water main, sewage, electrical, gas and other
utility extensions of reasonable length to serve
such construct
(e.) Accessory (appurtenant) structures including
garages, carports, patios, swim]?,ing pools and
fencel.
I
340
8
9
1!
I8
26'
!
6.44 Class 4': Minor Alterations t0 Land. Class 4 consists
o--~~.{nor public or private alterations in . ~ con-.
dition o.f land, water and/or vege'tation, which do not
involv~ removal of mature, scenic ~.~ees except for
forestry and agricultural purposes. Examples inc]..ude
but are not limited to: ... --'~
(a) Grading on land with a .slope of less than 10
percent, except where it is to be located in a
waterway, in any wetland, in an officially
designated. (by Federal, State or local govern-
mental acti®n) scenic area, or in officially
mapped areas of severe geologic hazard.
(b) New gardening or landscaping but not including
,.
tree removal.
(c) Filling of earth into previously excavated land
with material compatible with the natural features
of the site;
,
(d) Minor alterations in land, water and vegetation
on existing officially designated wildlife
management areas of fish production facilities
which result in improvement of habitat for fish
and wildlife resources or greater fish production;
,
(e) Minor temporary uses of land having neg'ligible or
no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backf'iliing 'wl'~ere ~i"le s'uz'fac.
is restored.
· '.6.45 Class '5:' Alterations in Land Use Limitations, Class 5
conszsts of ~i~-O~-~;i~~:~iO'~-:'~ land use lmm.~tations,
except zoning, including but not 'limited to:
(a) Minor .lot line adjustments, side yard and setback
variances not resulting in the creation., of any new
parcel nor in any change in land use or desnity;
(b) Issuance of minor encroachment pe~its. ..
...
(c) .Minor variances and use permits-%~i'thin ~the
jurisdiction of the Zoning Administrator.
,,
(d) Parcel Map divisions of less than 5 parcels.
6.46' Class 6' Information Collection. Class 6 consists
~~-~-i~ data collect].on, research, experime'ntal
management and resource evaluation activities which
' do not resul't in a serious or major d~isturbance t.o an
enVironmental resource. These may be' for strictly
information gathering .purposes, or as part of a stud~
leading to an action' which a public agency ~as not
approved, ad°[)%ed o?: funded. "
~ ~ec~-~n 'o~ Natural
6 47 Class 7- Re[.lulator'v Actions fo_ Pro ........ .
Resources. Class 7 consz'S'ts of actzons taken Dy r~g-
~~~gencies, as authorized' by state law or local
ordinance~ to assure the maintenance, rest. o~:ation, or
.~.r,~ .... cmcD'~-of a nat]~r~1 r~o~]rce, including but not
limited to wildlife preservation, exc]~uding..constructio'
.
activities.
.!
.
9
10
11
15
18
19
2O
26,'
8O
81
341
'6 48 Class 8: Re:{~l'at:or~< A.c%ions lfor th'e °ProtectiOn of
' 'the Env~ronmen'h. C.Las:~ ~ consists o£ actions taken
~~-U~-.t~0?=f-a~~c i c s, a- s au +']~ :o:~ i z e-d by s t a~ ~ = law or
local ordinance; to a-
.~sure the maintenance, restoration,
enhancement or protection of the environment, excluding
construction activities°
6.49 Class 9: Inspections. Class 9' consists of activities
~im:~'~&d--~en~irel~-t-~-].-nspection~ to check for per-
formance of an operation, or quality, health or safety
of a project, including related activities such as
inspection for possible .mislabeling, misrepresentation
or adulteration of products, and Fire Safety inspections
6,50 'Class 10- 'Loans. Class 10 consists of loans made by
%~'e~De~par~-r~'en~t"0f Veterans Affairs under Veterans Farm
and Ho~e Purchase Act of 1943.
6.51' 'Class '11: Accessory Structure's. Class 11 consists of
tructzon, or placemen{'-bf'-~inor' structures
accessory to i(appurtenant to) existing commercial,
industrial, institutional facilities, or multi-family
residential, including but not limited to:
(a) On-premise signs;
(b) Small parking lots.
(c) Subterranean garages.
6.52 Class 12' SurDiu~ C~,t~z~u~.~L ~-~-zo~erty Sales. Cla~s 12
~0-nsi-S~s Of .... s~i-es ..... 0-f s'~-r.'Piu'S~'go{)e:~nmen'~---o'r°-perty. . ~ except
for parcels of land located in an area of statewide
interest.
.... 6.6 Genera 1
(a) Projects that are exempt from E.I.R. requirements
due to their ministerial character are further
defined as exempt from EIR requirements by
Categorical Exemption.
(b) Exemption by Location. Class 3,4,5, and 11 are
~u-ai-i-fi-ed-~-b-~-c6ns~i-~erations of wher'e the project
is to be located - a project that is ordinarilY
insignificant in its impact on the environment
may in a particularly sensitive environment be
significant. Therefore, these classes are con-
sidered to apply in all instances, EXCEPT where
the project may impact on an environmental resource
or hazard of critical concern as may be hereafter
designated~ precisely mapped, and officially
adopted pursuant to law. Moreover~ all exemptions
for these cl..asses are. inapplicable when the
cumulative impact of successive projects of the
same .type in the same place: over time is sig-
nificant '~- '-
- ~.o~ exam. ple~ annual addJ.,tions to an
existing Ouilding under Class i.
6.7' ~i~v..._e Declaration. A project which would ordinarily
~ed t~ ~:~.c a sJ.~_~n ..... c~'~ ~ ~ ~. the ~n-
De expec~ ........ X %~,,~~ ~ ~ ~ ..... t ~.F~ t ~ ~
vironment, bu't which is determined by the City of
Tustin, based upon adoptec[ 'procedures, not ~o have ~.
significant effect on the envirom'nen't due to circum-
stances Peculiar to the specific'project, may be exempt
from the requirement of an EIR.
j42
,
.
9
10
11
12
15
14
15
®
Contents of Environmental Imoact Reports. Environmental
:Impact Reports shat.L conta-~n '~he information and in the
format as outlined in th.is section ....... .: + ..~,
.
.
,
7.1 Description o_f___jpr0_~J~~'cct a~[d Identificat'i~'~n °f'P~'aSes'
7.11 Location of .Pr'oject .......,.,~., .:..; .::.. -...-
___,,~,~,~.,~,-,.i ~ ~ ' · ~ '
~___ -..
a. Describe geographical location of project
and surrounding' area b~: detailed .map and
.. ·
regional map ..... .. ......~ ..
b. Loc%s .ocai juri'saiction bo nakriesi
City-limit and county ].in,s; water, f~.ood-
control, sanitation, and school districts.
,. .
· , .
c. prope '
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.
· ..
7.12 Statement of Obj~.ctives .... : ,....:.
7.13
19
..14
21
25.
the pu~,pose' and objectives
· . .
proposed project'. " '
A statement of
sought bv i~he
--
7.15
Statement
~
A general
economic,
considering the
and supporting
of Cha'~acteristics . ..
. .
~statemen~ of. the projects technical,
and environmental characteristics,
principle engineering proposals
public service facilities..
Description___of E n v i r o n______m_e_n_t_.a1
An EIR must include a description of the
'environment in the vi'cinity of the project,.
as it exists before commencement of the project,
from both a local, and regional perspective.
Knowledge of the regional, setting is c~itical
to the assessment of environmental impacts.
Special empha~.:s should be placed on environ-
mental resources that are rare,.~or unique to
that region. Specific reference to related
projects, both p~lic and private, both
existent and olanned, in the region should' also
be includ'ed, for purposes of examining the
possible .cumu..!at";ve impact of such projects.
· .
Historical B~.c'k~.round , .
Describe 'an? characteristic of Site. that
may !.'~,.'u ~.n~'~'".:~'n h:%st~.~ricai'~ archaeological,
or paleontological significance.
.
$0
existing development
,
· 9
18
89.
7.16
7.17
343
b·
Descri}?tion of Pr0~sed Pr0iect
Describ{.: proposed s'tructures, location,
size, type (factory, hotel, apartment,
office buJ. lding~ etc.).
,.
Identify location of machinery of various
types.
Locate transportation elements, including
any temporary ones that may be used during
construction, roads, railroad tracks,
pipelines, transmission lines, transformer
station, pumping stations. "
d. Locate and describe open space, paved
areas, buf:~er zones, isolating walls,
plantings.
e. Locate and describe recreation areas,
walkways, wildlife areas.
f. Describe changes in topology., cut and fill.
g. Discuss mat%ers relating to safety.
h. Comment on lifetime of project.
Phases of Cons Lz'-'~chioi',. oi'. Oti~er Activities
DescrJ.be chronological phases of project.
(planning, acquisition, construction, develop-
ment, and operational phases).
·
Describe Socio-Economic Char.zcteristics of
p-r__o'j e ...c[{----- .............
a. Estimated population density and dispersion,
if residential.
b·
Rie. creationa 1 areas.
c. Open space provisions.
d~
Compatibi'lity with surrounding areas.
e. Landscapi'ng and general aesthetic appeal.
f·
Density (du/ac), if residential.
ge
Price range of improvements.
h. Effect on community economy.
i. Public services requi.red.
j. Effect on local tax revenues.
Re
IIistorical z'esource preservation.
344
21
.82
7.2
.:.
Description ~.f ..... ].s~.,~,c~, .:~n ~ ......... m., ...... ta~ Co..,~,~.~on~
..
7't21 Assess existing biological resources of
~oDect' area and environs.
.....
,
a. Flora
bo
3~
.4.
5.
6.
7.
·
..
~ndigenous vegetative communities
E×otig (non--indigenous) vegetative
qomr~..unit i es ..
Riparian areas.
Crops and commercial vegetation..
Microfiora.
.8.
,.
Aquatic vegetation.
Specifically rare or .endangered vege--
ration. '
Natural plant propagation.
·
Fauna
lo
6,
8.
'9'.
Birds.
Land animals including reptiles.
Fish and shellfish.
Benthic organisms. ..,.
Insects.
Microfauna.
Rare or endangered species.
Habitat and m~qra, tion areas and natural
Economi'c' sp.ecies (ca.tt!e., etc) . ..
?,22
Describe existing lan~,_~esources as appl'i.cab!e.
..
Landform or unique phsycial feat~ares ;.-
(mountains~ hillsides, plains, slopes,
bays, rivers, sandy beaches ~ dunesl and...
other, geographic characteristics).
be · .
Ce
de
Open spaces.
Riparian areas
territory) .
(immecliate and s'~]r'~.~o~ndi'ng
Percolation function of the soil/aquifers.
e?
fe
Geologic resources (construction .materials~
fossil fuels, mineral ores, etc.) (Po]..lu.t_.~on
and continued avail, ability thereof).
Soil characteristics
the project) .
(affects thareo, f ..0n
..,
ge
1 · S tabi 1 ity.
2. Types.
3. Earthquake fa al'ts.
Cult'ural/scienti fic resources.
2.
3.
4.
Archeo!ogica]. sites
Paleontological si Les.
Historical s~e:-~.
Aesthetics.
J
' 2
8
4
6
10
11
14
16
25
8O
82
7..23
, o .
345
· ,
.. .
,
·
..
...
_Assess e.xi~~ water resource·s, both natural
A~d man-made. -- ' i
Municipal/potable supply.
1. Quality (physical, chemical, bacteria,
temperature, aesthetic qualities, etc.)
'2. Quantity and accessibility.
be
Underground bas ins.
1. Quality.
2. Quantity and accessibility.
surface supply (streams, creeks,
reservoirs, etc.)
1. Quality.
2. Quantity and accessibility.
3. Drainage/runoff conditions.
·
lakes,
Irrigation Lines
1. Location
2. Status - act,i, ve,
abandoned,
vacated
ee
Water Quality Aspects.
With respect'to water quality aspects of
the proposed project which have been previously
certified by the appropriate state or inter-
state organization as being in substantial
standards, reference to the certification
should be made.
7.2'4
Describe and quantify ex.isti_ng .c. lim_0t0!o_gica~l
~-a~tor~ aha ~i'~ resources.
ae
Meteorology.
1. Temperature.
2. Moisture.
3. Wind.
4'. Precipitation.
b ·
Quality.
i ·.
2.
3.
4.
Gasses and/or chemicals.
Particulates/dus ~.
Cl arity/aes th·tic.
Odor.
C·
Other
I ·
Vibrations.
Radiation.
Sonic booms.
Objecti0nal electronic transmissions.
7.25
Assess existing noise environment.
ae
If an improvement in, or development next
to or wi thin an existing community, determine
conm~unity noise ~cvc,~: i.,~ ~u~-~ou~'~u~~. ~~~.
346
9
19
91
Co
If new development, determine noise levels
in.surrounding areas that.may be affecte~
by project either during construction or
while in operation.
·
Identify and measure existing noise at
site due to external nois.e so~nds such as:
lo
Airport noise.
Road and railway noise.
Pumping stations, transformers,
etc.
7.26
Describe
F--e~ture~L- in the Environs of the
.
a. Socio-economic description
applicable.
e xi p t~ n~._ S?C i o,.e.c o.n omi C, and_dO em__o g__r a p]___~ i__~c
Prgj ~.Ct,-
of area, if
1. School systems ~
2. Municipal Services, water, Sewage
facilities, solid waste pickup and
disposal, etc.
3. Public transportation elements.
4. Accessibility of shopping areas.
5. Housing. '
b.
Demographic features.
Growth rates.
Identify Boundaries
b'~I P~'o'j e~-t -
Of .... Are.a si gnif_~icant.l._y _A_f fec____te__d
Boundaries can b= identified by
that may be affected.
reference to factors
7.31 Land Resource
~'.:.' ' Conti. guous :.areas".that may 'b~ 'affected
by any changes in land-use.
b. Geological resources. "
c. Earthquake conditions.
7.32
Water Resources
ae
de
Municipal water supply.
Underground water basins.
Surface water;, streams, creeks, lakes,
etc. (especially effects on downstream
areas, usages). :
Drainage/runof~ area.
7.33
Air
a.
b.
Resources
·
Area affected by air pollutants frcm
project.
Changes. in 'temperature, humidity°
'19
7.4
7.5
7.6
347
7,34
Biologica! Resources
a. of animal species to
areas.
Displacement
surrounding
b. Possible interaction with ecological
chain in surrounding area.
food
7.35
7.36
Noise- surrounding
from project.
area
affected by noise
Visuai Resources - area in which visual
~-~Stheti-cS 'an'd scenic quality may be affected.
7.37
Socio-economic area of influence.
a,
Traffic loads.
School system loads.
Loads on Municipal service
Sewage and solid waste impact
areas.
Assess and
Describe Environmental Impact
of..P r.o.po..s ed
7.41
Indicate whether project will have a positive
effect, negative effect, or no effect on various
environmental f~ctors.
7.42
Consider both short-term and long-term effects.
.D_.esc.r._ibe' and Quantify Adverse Environmental Effects
7.51 The probable unavoidable adverse
effects should be described.
environmental
7.52 Quantify adverse effects where possible.
7.53 Describe kinds and magnitudes of effects that
cannot be reduced and those that can be reduced
but not eliminated.
7.54 Discuss valuable cultural or aesthetic resources
affected.
7.55 Identify health and safety factors that may be
affected.
7.56 Identify standards of living o~' l~fe styles
that may be negatively influenced'
7.56 Identify natural resources that will be lost.
R.~=i a_~e__s h o____r..t_-_T..._e, r__m_ '_.Dj_~..s_.r.}~_p..~_i. o n_____a~n d. L___o__n~-__T_e._r~n~?O d__u_c % i v i____~t y_
7.61 Relate short-tern'~ environmental changes and the
maintenance ,~'~ io~'~.~j-,-term re'source productivity
7.62
Assess all effect.~ of the project· that may
narrow the alternatives or reduce the possible
long-term uses of the environment.
.,
3.48
5
I0
14
18
19
2O
21
7.7
7.8
7.9
..
7.63 Examine long-term risks to health and.
safety. .
·
- ,, ,... -.';7 · ' -.:- -'.-. · ~ ." . ,
Identify Irreversible and Irre~ar_ie_v_~-_ble commitmq~.t2~_'
~f-Resources.
7.71 Identify any irretrievable commitment of
resources, if any, that are required to'
implement the project.
7.72 Assess the extent to which the project would..
curtail the range of.beneficial effects .of the
eJ~v.i.r. Qnment for~ mankind.
7.73 Assess secondary effects that may curtail
option available tO. future generations.
7.74
Should address the use 'of resources that
cannot be retrieved, especially those, in
short supply or which cannot be replaced.
the
Assess
.7.81
7.82
7.83
Gro~_th- ind.u_cin~ Impact_ 0 f ~.-r--°-p°se..d .A-cti~---~°~-!~'
Assess immediate and long-range
population growth and expansion
· . ~
Describe project as either expansion of
an existin.~ urbanized area or the opening of
a new area.
·
Assess its effect in stimu±atlng new growti~
in new areas.
impacts upon
of development.
..
7.84
7.85
If new growth is implied describe the develop-
ment or existence of facilities to acconnnodate
new growth.
Relate growth patterns to those 'of surrotmding
areas. "'
...
of P'_rpj_e__ct 'to OveralI Long-
· ..
.,
in with adopted po!icies~
plans of all invo.lved.
Describe
~an'.ge~ o ].ans.
7.91
7.92
7.93
·
Relationship
State how project fits
standards, and general
jurisdictions. .
Assess the significance of the project in %he
implementation of poi. icy standards and .plans.
Determine whether project conflicts with
· and whether project should be altered or
tional planning is necessary.
plans
addi-.
Es timate__L_o__ngT.term ,...,and .... .______Sh°rt-term Economic_____
.Proj ec_~t ·
effect of the project upon the
local, area should be assessed.
7.101 The
the
economy
Qf
7.102
Benefits and
ha -~- ~ l'"-'cd-
detrimental" economic
effects
she""'"
· 2
.
10
11
12
13
14
16
17
18
19-
2O
21
25
26
27
3O
· 31
32
349
7.103 Examples might be changes in tax base for a
city or district, effect of a business on
unemployment, etc.
7.11 Describe Measures That Will Be Taken tO M_inimize__
N~'__~'a ti'v o' i m~L a c t_. .........
..
7.111 Describe design or construction features in
the project that minimize negative impact.
7.112 The basis for considering these mitigating
measures as sufficient and acceptable, should
be addressed.
-.
7.113 Reasons should be given for rejecting other · mitigation measures.
7.114 A quantative measure of the effectiveness of
mitigating measures should be given. Possible
range of error in predicted values should
be estimated. "
7.12 Make Comparison... B.etween .... Alternative_s. . _
7.].21 Alternatives to ,the proposed project that might
avoid some or all of the adverse effects should
be indentified.
7 122' ~!i feasible options should be described~, including
revised project specifications, or no project
at all.
7.'123 Alternative design and mitigation 'measures
should be described.
7.124 The anticipated degree of environmental impacts
by alternative measures and specific reasons
for ~ejecting these alternatives should be
discussed here.
7.13 Orga_ni..zations and Persons Consulted.
The identity of all federal', state or local agencies~
other organizations and private individuals consulted
in preparing the EIR., and the identity of the persons,
firm or agency preparing the EIR, by contract or
other authorization must be given.
.
7 .'14 Summary_.
',A Summary Section .shall be 'iden~i-fied with~n"the'
rgport that lists significant adverse impacts upon
the environment and mitigating factors and alternatives.
8. Contents ..of Final. En_vi.r_onmental _Impa~c.t
a.) The Final EIR shall consist of the Draft EIR containing
the elements described in Section 7 of these Guide-
lines, a section listing 'the organizations and persons
consulted and containing the comments received .."
through the consultation p~uces~ e~l~er ver'Da~im ~
350
·
in summary, and the response of %he City to the
significant envJ. ronme~tal poin.ts raised in the
review end consultation process. · .......
9. Degree .of Specificity. The degree of specificity required
~n an EIR w'ill correspond to the degree of specificity
involved in the underlying activity which is described
in the EIR.
a. An EIR on a construction project will necessarily
be more detailed in the specific effects of the
project than will be an EIR on the adoption of a
local general plan or comprehensive zoning ordinance
because the effects of the construction can be pre--
dicted with greater accuracy. ~'
b. An EIR on projects such as the adoption or amendment
of a"comprehensive zoning ordinance or a local"general
plan should focus on the secondary effects that can
be expected to follow from the adoption, but 'the EIR
need not be as detailed as an EIR on the specific
construction projects that might follow.
c. The requirements for an EIR on a local general plan
or element thereof will be satisfied by the general
plan or element document, i.e., no separate EIR
will be required, if: (1) the general plan addresses
all the pOints required to be in an EiR by Article 9
of these Guidelines and (2) the document contains
~& -~' ~. ~ ~- ~-' -~. ~ ~ t .~ "~ ~ · '-° '~' ......... ~"
the general plan document addresses each of the
points required.
10'. Procedures.
The Procedures for the implementation of the California
Environmental Quality Act and these Guidelines shall be
as adopted by Resolution No. ~.5 ~of the City Council of
the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Tustin, held on the 4th
day of February, 1974
ATTF. ST:
....... k-..~C I TY CJ~JJi~K
351
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF. TUSTIN )
't '
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, Califcrnia, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
foregoing Resolution No. ~74~--.9 ..... was duly and ~'egularly
introduced, read, passed and adopted at a regular meeting
of the City Council held on the 4t____h~i~ ...... day of Febr~uary .... ,
1974, by the following vote: -- ~
AYES:
COUNCII24EN SAL__T_A~_E~LL!~_ WEaltH, ..~WOODRUFF ,._ S.HA_~P _
NOES: COUNCILMEN NONE .....
·
ABSENT: COUNCILMEN LANGLEY .........
./