HomeMy WebLinkAboutCC RES 73-24RESOLUTION NO. 73-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING ENVIRONMENTAL
IMPACT REPORT GUIDELINES AND PROCEDURES
The City Council of the City of Tustin, California, does
hereby resolve as follows.:
1. Purpose. The purpose of these Guidelines and Procedures as
her'e'ih~-or hereafter adopted by the City .Council is to provide
the public and governmental agencies and departments with prin-
.. ciples, objectives, criteria, definitions and procedures for
~he implement'ation of the California Environmental Quality Act
of 1970, Public Resources Code Sections 21000-21174 as amended
~by Chapter 1154 Of the Statutes of 1972 (AB889), and the Guide-
lines propagated by the Resources Agency of the State of Cal-
ifornia. ·
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2. Policy. It 'is the policy of the City of Tustin'to comply with
"~-h~ 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 pro-
cedures will be stressed. Emphasis will be placed upon mit-
igating factors that can contribute to the preservation and
,- enhancement of the social, economic,, and physical environment.
3. Definitions
3.1 General.. Whenever the following words are used in these
g~uide'll~nes and procedures, they shall have the meaning
ascribed to them. In the event of conflict of interpret-
ation or ambiguity, the definition's used in the California
Environmental Quality Act and the Guidelines published by
the Resources Agency of the State of California shall pre-
vail.
3.2 A~pproval means the decision by a public a'gency which commits
the '"agehcy to a definite course of action in regard to a
project intended to be carried out by any person. A major-
ity action of the City Council to commit resources to a
project in the effective date of approval, and said date
shall not be later than the approval of plans and specifi-
cations of a project by minute order, resolution or ordin-
ance. In connection wi th 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, lease, .permit,
license, certificate, or other entitlement for use of the pro-
ject.
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13.3
3.4
3.5
3.6
3.7
3.8
3.9
.CEQA - California Environmental Quality Act.
Environmental Quai~Y A~t (CEQA) m~an~~ ~alifornia
Resources Code Sections 21000 through 21174.
·
Public
Categorical Exemption~. Categorical Exemption means an
exemption fro~ the requirement for the preparation of an
environmental impact repOrt for a class of projects based
on a finding by the Community Developm%lqt Director that
the class of projects, as defined by this article and con-
sistent with the State Guidelines, does not have a sig-
nificant effect on the environment.
Discretionary Pr0_ject. Discretionary project means an act-
~-vitY def'ine~"~as a P~oject which requires the exercise of
judgment, deliberation, or decision on the part of the
City Council or Planning Commission approving a part-
icular activity, as distinguished from situations where
the public agency or body merely has to determine whether
there has been conformity with applicable statutes, ordin'
ances, or regulations.
E.me_rge~ncy_. Emergency means a sudden and catastrophic calam-.
ity caused by an occurrence or combination.of occurrences
~h
of statewide or local impact, such as fire,.flood, e.ar~-
quake or other natural disaster, riot, war, accident, or
sabotage.
EnVironm.ent. The totality of man's surroundings i'ncluding
social, economic and physical factors. The physical con-
ditions mean those which exist in the area which will be
affected by a proposed project including land, air, watery
minerals, flora, fauna, ambient noise, objects of historic
or aesthetic significance.
EIR- Environmental .!.mPact ..Report. Environmental Impact
Report'-(~'~R')"meahs a detailed statement setting forth the
environmental effects and considerations .pertaining to a
project as specified in.Section 21100 of the California
· Environmental Quality Act. '
(a) Draft EIR means an EIR containing the information
Sp~'c-~'fied in Sections . 7.1 thru 7.~ of
these Guidelines. --
·
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(b)
EIS -
Statement '(EIS)" means
pared pursuant, to the
Final EIR means an EIR containing the information
s~e¢ifi~d in.sections 7 , and $ of these
Guidelines, a section for c-------omments receive~n the
consultation process, and the response of the Respon-
sible Agency to the comments received. This term is
discussed in detail in Section 15146 of the Public Re-
sources Guideline.
Environmenta1 .... .Impact Statement. E.nvironmental Impact
an enVi'ronmental impact report pre-
National Environmental Policy Act
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!
(~EPA). The Federal Government uses the term EIS in the
~p~ace~' of the term EIR which i's used in CEQA.
3210 ~easible. Feasible means capable of being accomplished in
a su~Ceksful manner by reasonably available, economic, and
workable means.
'3.11 Lead Agency. Lead Agency means the public agency which has
th'e- Principal responsibility for carrying out or approving
a project .which may have a significant effect on the environ-
ment where more than one public agency is involved with the
same underlying activity.
3.12 Local Agency. Local 'agency means any public agency other
~'~han a state agency, board or commission. Local agency in-
cludes but is not limited to cities, counties, charter cities
and counties, special districts, redevelopment agencies and
any board, commission, or organizational subdivision of a
local agency when so designate~'by order or resolution of
the goVerning legislative body of the local agency.
3.13 Ministerial Projects. Ministerial projects as a general rule,
include those activi'ties defined as projects which are under-
taken or approved by a governmental decision which.a public
officer or public agency makes upon a given state of facts
in a prescribed manner in obedience to 'the mandate of legal
authority. With these projects, the officer or agency mu~st
act upon the given facts without regard to his own j ud~.~ment
or opinion concerning the propriety or wisdom of the act al-
though the statute, ordinance, or regulation may require, in
some degree, a construction of its language by thee officer.
3.i4 Negative Declaration. Negative.declaration means a state-
ment by the p~bii~c a'gency that wilt carry out or approve a
project that a project, although not categorically exempt,
would not have a significant effect on the environment and
therefore does not require an EIR. The term "Exemption
Declaration" is interchangeable with the term "Negative
Declaration".
3.15 Notice of Completion. Notice of Completion means a brief
rep'or~ f~ile~ with "the secretary for Resources as soon as a
public agency has completed a draft EIR and is prepared to
send out copies for review.
3.16 Notice of Determination.' Notice of Determination means a
bri'efL-n0ti~e to be '~f'ii~d by a public agency when it approves
or determines to carry out a project which is subject to the
requirements of CEQA.
3.17 Person. Person includes any person, firm, association, or-
~ani~ation, partnership, business, trust, corporation, com-
pany, district, county, city and county, city, town, the
State, and any of the ag.encies' political subdivisions of
such entities.
--3-- ·
3.18 pr0 j ~e?t.
a) Project means the whole of an action, resulting in
physical impact on th'e environment, directly or ul-
timately, that is any of the following:
1) an activity directly under'taken by any public
agency including but not limited to public works
construction and related activities, clearing
or grading of land, improvements to existing
public structures, enactment an..d amendment of
zoning ordinances, and the adoption of local
General Plans or 'elements thereOf.
2) an activity undertaken by a person which is
supported in whole or in part through public
agency contracts, grants, subsidies, loans, or
other forms of assistance from one or more
public agencies.
..
3) an activity involving the issuance' to a person
or a lease, permit, license, certificate, or
other entitlement for use by one of more public
agencies.
0
b) Project does not include:
1)' Anything specifically exempted by State law;
2) ~o~sals for legislation to be enacted by the
State legislature.
3) Continuing administrative or maintenance activities,
such as purchases for supplies, personnel-related
actions, emergency repairs to public service fac-
ilities, general policy and procedure making (except
as they are applied to specific instances covered
above), feasibility or planning studies.
4~ The submittal of proposals to a vote of the people
of the State or of a particular community.
3.19 Public Ag.ency. Public agency includes 'any State agency,
b~ard-or commission and any local or regional agency, as
defined in these Guidelines. It does not include the courts
of the State. This term does include agencies of the federal
government.
3.20 Responsible Agency. Responsible agency' means the public
agency W'h-{ch proposes to undertake or approve a project,
and is responsible for making a Negative Declaration or for
the preparation of an EIR.
3.21 Significant Effect. Significant effect means a substantial
a-dve~se'" i~npact"~ 'the environment.
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4. ResPonsibilities
.
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4.1 Public Agencies.,. The City of Tustin, its agencies and
d~Par"t~ents, and other governmental agencies 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 .Agencies. Individuals and Agencies
reques'ti'~g auth'ority for '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
gl~delines and procedures as herein established.
o
4.3 ~ommuni,t.Y.... Development, D..ePartment. The Community Development
Department of the City of Tustin is responsible for the
preparation and cust.ody 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 environ-
ment.
,
4.4 Planning Commission. The City of Tustin Planning Commission
is respons-ibie"'f0~--the approval of an EIR within the
'jurisdiction and to assure the adequacy and objectivity of
the report.
4.5 _City Council. The City Council of the City of Tustin is
the final authority for approval of an EIR for private pro-
jects subject to Council approval and for all projects on
appeal ..
5. Applica.t.i?n of ..the CEQA t..o Projec~
5.1 P_ubli.c P.r.0jects
(a') When the City or public agency plans to carry out a pro-
ject which may have a significant effect on the en-
vironment, the City or public agency shall prepare an
EIR through its own efforts or through contract.
(b) Where a project which may have a significant effect
on the environment is to b~ carried out by a non-
governmental person subject to approval, financial
support, or some other involvement by a public agency,
the City of the public agency will prepare an EIR by
its o~n'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.
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(c) Where the project is to be undertaken by a local
agency, as defined in these Guidelines, but requires
state approval of financial assistance, the state
agency shall require the local agency to prepare the
EIR or Negative Declaration, to be submitted with
the request for approval of the proposed project.
This must also be done where federal funds are in-
volved, but only if a state agency has discretion~
ary authority over the use of thoa~e 'funds. If the
local project has been mandated on the.local-~ency
by a S~at'e agenCy, the"E~R~'Pr~pared by ~~ lOcal- ' -
agency may be ~i~it~-~Lto consideration of those
factors and aite~na~iv~s Whi~'h do not conflict With.
%he ore, Jr . .
(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 contain in one
separate and distinguishable section the elements
required of an EIR, including the 14 elements
specified in Section 7 of these Guidelines.
(e) Not more than 'one EIR shall be prepared in connection
with the same' underlying activity. -
5.2 Private Projects. Projects undertaken by a person other
~an a pUblic agency, which are supported in whole or part
through contracts, grants, subsidies, loans, or other
forms of assistance from one or more public agencies or
which involve the issuance to a person of a lease, permit,
license, certificate, or other entitlement to use by one
or more public agencies require the preparation of an
environmental impact report if the project may have a
significant effect on the environment and the project
involves discretionary governmental action unless the
project is otherwise exempted by these Guidelines. The
public agency with discretionary control over the project
shall be responsible for preparing the environmental impact
report.
5.3 Federal Projects. Any proposed federal project which may
have a significant effect on the environment shall be ·
processed in accordance with Section 15063 of the
California Resources Agency Guidelines.
5.4 Le___ad Agency Principle.. _ _ Where a project' is to be carried
out or approved' by more than one public agency, only one
EIR or Negative Declaration shall be made, and it will
be prepared by the Lead Agency. For the purposes of
these Guidelines, only one EIR or Negative Declaration
shall be made by the Lead Agency for an ongoing activity
even where the activity involves, at different stages,
more than one definition of a project as defined in
Section 3.18.
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5.5' Designation of Lead Agency. Where two or more public
agencies arre ~nV01v~d wlth a project, Which agency shall
be the Lead Agency shall be determined by the following
principles:
(a) The Lead Agency shall be the public agency which
proposes to carry out .the project.
(b) If the project is to be carried out by a non-
governmental person, ~he Lead Agency shall be the
public agency with the greatest responsibility for
supervising or approving the project as a whole.
The Lead Agency will generally be the agency with
general governmental powers rather than an agency
with a single or limited purpose which is involved
by reason of the need to provide a public service
or public utility to the project; in such cases,
the single or limited purpose agency will, upon re-
quest, provide data concerning all aspects of its
activities required to furnish service to-the pro-
ject to the agency drafting the EIR, and no separ-
ate EIR will be required in regard to such activi- ·
ties.
(c) Where more than one public agency equally meet the
criteria set forth in 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) In the event that the 'designation of a Lead Agency
is in dispute among public agencies, any public
agency may submit the question to the Office Of
Planning and Research which shall designate the Lead
.Agency based on consideration of the above priori-
ties, along with consideration of the capacity of
such agency to adequately fulfill the requirements
of the CEQA.
5.6 Obligations of a Lead Agency.
(a) In these Guidelines, wherever reference is made to
the ~sponsible agency for a project, this shall be
the Lead Agency when more than one public agency is
involved in undertaking or approving the project. The
Lead Agency shall meet all obligations for which the
responsible agency is responsible, including the de-
termination of whether the project will or will not
have a significant effect on the environment.
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(b) The Lead Agency shall prepare or cause to be prepared
the EIR or Negative Declaration after consultation '
with all other public .agencies which must approve the
project in question or a part of the project. To
insure that the EIR or Negative Declaration reflects
the concerns of all the public agencies involved, the
Lead Agency should consult with public 'agencies which
will issue approvals for the project. This consulta-
tion shall be done at an early stage of the develop-
ment of the EIR. ~
...~ (c) A Lead Agency shall include in its Notice of Comple-
~ tion a statement to the effect that it is a Lead
Agency.
·
(d) The EIR prepared by the Lead Agency shall be considered
by every public agency prior to its approval or dis-
approval of the project.
5.7 Subs.e.quent. EIR. Where an EIR has been prepared, no addi-
%'i~nal EIR ~ee--d be prepared unless:
(a) Substantial changes are proposed in the project
which will require major revisions of the EIR, due
to the invc~vement of new environmental impacts not
considered in the original EIR;
(b) There are substantial changes with respect to the
circumstances under which the project is to be under-
taken, such as a change in the proposed location of
the project, which will require major revisions in
the EIR due to .the involvement of new environmental
impacts not covered in the original EIR.
5.8 Use of a Single EIR. The City or a responsible governmental
~gen'cY ma~ employ a-sing!.e-EIR '~o describe m~r-e than one' pro-
~rect~ i f---'~'uch 'pro~ect~ are e~ss~enti'al~ly-~the same in~ terms o~f
environmental impact.--~ F'u'rther,' the 'c'~t~ may-L~use -ah 'earii'er'
EIR ~re~-ar~ed -in conn~'ction with an earlier project to apply
to a later project, if the circumstances of the projects
· ·
are essentially the same. The City may elect to wr~te
EIRs in advance for entire programs or regulations, in order
to be prepared for project applications to come. W~henever
the City chooses to utilize any' of these alternatives, ·.
however, it must find that the environmental effects of the
projects 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 program to apply it
to an individual project with unusual characteristics.
5.9 Mu.!..tiple and Phased Projects.
Where individual projects are, or a phased project is, to
be undertaken and where the total undertaking comprises a
project with significant environmental effect, .the res-
p~nsible agency or Lead Agency must. prepare a single
EIR for the ultimate project. Where an individual
project is a necessary precedent for action on a larger.
project, or commits the Responsible Agency to a larger
project, with significant environmental effect, an EIR
must address itself to the scope of th'e larger project,.
subject to the limitation of Section 5.6 of these
Guidelines. Where one project is one o---~ several similar
projects of a public agency, but is no~ 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 comment upon the
combined effect. .o
6. E_x~emP_tions. Projects as defined in this section are
exempt from the requirement for an environmental impact
report: , ·
6.1 _Eme r~gen Cy.. P r...o.j e cts
(a) Projects undertaken, carried out, or approved by a
public agency .to maintain, repair, restore, demolish
or replace property or facilities damaged ,or destroyed
as a result of a disaster in a disaster stricken area
in which a state of emergency has been proclaimed by
the Governor.
.. :
'(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 only
feaSib-~l~-ty' 'o'r' pia~'ning S~ud~es rfor possible future .actions
which the agency, board, or commission has not approved,
adopted, or funded does not require the preparation of an
environmental impact report but does require consideration
of environmental factors as required by Section 21102 of
CEQA.
6.3 __Ministerial_ Projects. Ministerial projects as listed herein,
and Such othe~ acts as may be determined by .the responsible
department or agency to be devoid of discretionary ~rovision
are exempt from the requirement for an EIR.
a.. IssuanCe of building permits, to include plumbing,
electrical, mechanical, masonry, framing, and roofing.
b. Issuance of Grading permits if:
(1) Exsmpt from the permit requirements of the Uniform
Building Code, or
(2) Not in excess of 200,000 cubic yards.
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6.4
6.41
Ce
Issuance of business licenses.
d.
Issuance of entertainment permit.
e. Approval of final subdivision maps.
f. Approval of individual utility ser~Tce connections
disconnections. '
and
g. The issuance of street permits within the public
ri ght-o f-way.
h. The issuance of temporary use permits by staff
periods not exceeding 30 days.
for
The~ issuance of sign permits.
j. The issuance of animal permits.
k. Development Preview Commission consideration
.Cat.ego. ri cai. Ex..e .mp.tion. s,-
The following categorical exemptions
Secretary for Resources of the State
specific activities as classified by
& approvals.
as established by the
of California and
the City Council have
been determined not
environment .and are
for the preparation
to have a
therefore
of an EIR.
significant effect on the
exempt from the requirement
Class 1: Existing Facilities. Class 1
~-eration, repair, maint~--~a~c~' or minor
existing public or private structures,
mechanical equipment, or topographical
consists of the
alteration of
facilities,
features, involving
negligible or no expansion
existing, including but not
of use beyond that previously
limited to:
(a)
~nterior or exterior alterations involving such
things as interior partitions, plumbing, and
electrical conveyances;
(b)
Existing facilities of both investor, and publicly
owned utilities used to convey or distribute
electric power, natural gas, sewage, etc.;
(c)
Existing highways and streets (within already
established rights-of-way) sidewalks, gutters,
bicycle and pedestrian trails, and similar facilities;
(d)
Restoration, or rehabili.tation of
or damaged structures, facilities
equipment to meet current
health and safety, unless
damage was subs.tantial and
environmental hazard such
o r flood;
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deteriorated
or mechanical
standards of public
it is de'termined
resulted from ar
as earthquake, 1
that the
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(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 structure
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
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 signs;
(h) 'Maintenance of existing landscaping, native
. growth and water supply reservoirs (excluding the
use of economic poisons, as defined in Division 7,
Chapter 2, California Agricultural Code);
(i) Maintenance of fish screens, fish ladders, wild,
life habitat areas, artificial wildlife waterway
devices, streamflows, springs and wat~rholes, and
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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.
(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.
6.42 Class 2: Replacement or Reconstruction. Class 2 consists
of rePi~cement o'r' ~ec~nstruJct~nof e.~s-~ng structures and
facilities where the new struct.ure will be located on the
same site as the structure replaced and will have substan-~
tially the same purpose and capacity as the structure re-
placed, including but not limited to:
(a) Replacement or reconstruction of existing schools
and hospitals to provide earthquake resistant struc-
tures which do not increase capacity more than 50%.
(b). Replacement of a .commercial .structure with a new struc-
ture of substantially the same size and purpose.
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6.43 Class 3: New Construction of Small Structures. Class 3 con-
sists--of c~hStru~tio~ and. 1-Oca~t'i~ ~0f-sin~l"~' 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 ink, conjunction wi th 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 conjunc-
tion 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 con'struc-
tion;
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(e) 'Accessory (appurtenant) structures including garages,
carports, ~atios, swimming pools and fences.
6.44 Class .4: Minor Alterations to Land. Class 4 consists of
mln~r Public or ~riva~ ai~erati~nS in the condition of
land, water and/or vegetation, including but not 3imi~ed to:
(a) Grading on land with a slope of less than 10 percent,
excerpt where it is to be located in a waterw&y,
in. any Wetland, in an officially designated
.. (by Federal, State of local governmental action) scenic
area, or in officially mapped areas of severe geologic
hazard.
(b) New gardening or landscaping but not including tree re-
moval.
..
(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 managemen~
areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources
or greater fish production;
(e) Minor ~tem~Drary uses of land having negligible or no
permanent effects on the environment, including carn-
·
ivals, sales of Christmas trees, etc.
6.45 Class 5: Alterations in .Land Use Limitations. Class 5 con-
Sists o'f m'inOr a-l~er~t~Ons ~n' '~lan~-use~ iimi~tations, except
zoning, including but not limited to:
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ia) 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 density;
(b)' Issuance of minor encroachment permits.
(c). Minor variances and use permits within the jurisdic-
tion of the Zoning Administrator.
(d) Parcel Map divisions of less than 5 parcels.
6.46 Class 6: Information Collection. Class 6 consists of basic
da~a- coileC~i~n~, -research',~' ~x~erimental management and re-
source evaluation activities which do not result in a ser-
ious or major disturbance to an environmental resource.
These may be for strictly information gathering purposes,
or as part of a study leading to an action which a public
agency has not yet approved, adopted or funded.
·
· ,~6.47 Class 7- Regulatory Actions for Protection of Natural Re-
sources. Class~ 7~ ~0~si~tS ~f' acJtions taken b~ reg~'ia{ory
agencies, as authorized by state law or local ordinance; to
assure the maintenance, restoration, or enhancement of a
natural resource, including but not limited to wildlife pre-
servation.
6.48 Class 8: Regulatory Actions for the Protection of the En-
Vironment. Class 8 c~nsis~s ~f act~io~'~ .... -taken by' reg~iatory
~ge~Cies~ as authorized by state law or local ordinance,
to assure the .maintenance, rest~ratien, enhancement, or pro-
tection of the environment.
6.49 Class 9: Inspections. Class 9 consists of activities lim-
ited ~entirely t° insPection, to check for performance of an
operation, or quality, health or safety of a project, in-
cluding 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 the
DePartment ~f V~terans Affairs under the Veterans Farm and
Home Purchase Act of 1943.
6.51 Class 11: Accessory Structures. Class 11 consists of con-
struction, or placement of mihOr structures accessory.to
(appurtenant to) existing commercial, industrial, institu-
tional facilities, or multi-family residential, indluding
but not limited to:
a) On-pr~se signs;
Small parking lots.
c) Subterranean garages
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6.52 Class 12: Surplus Government Property Sales. Class 12 con-
s~ists of sales of surplus government property except for
parcels of land.
6.6 General
(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 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 particularly sens'itive
environment be significant. Therefore, these classes
are considered '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 adcpted
pursuant to law. Moreover, all exemptions for these
classes are inapplicable when the cumulative impact
of successive projects of the same type in the same
place, over time is significant -- for example, annual
additions to an existing building under Class 1.
6.7 Negative Declaration. A project which would ordinarily be
expected to have a significant effect on the environment,
but which is determined by the City of Tustin,. based upon
adopted procedures, not to have a significant effect on
the environment due to circumstances peculiar to the
specific project, may be exempt from the requirement
of an EIR.
·
39
Conten'ts. of Environmental
Ro--~'~~ ~"~sh'a'-]"i"c'0ntain the
lined in this section.
7.1' .De_scription-
Imp a_cL..t Reports.
information and
Environmental Impact
in the format as out-
7.11
of Project and Identification
o f Phases.
L0¢_a.t. ion of_ Project
'Describe geographical location
surrounding area. (maps)
of project and
'Locate local jurisdictional boundaries; city-
limit and county lines; water, flood-control,
sanitation, and school districts.
'Identify property ownership as appropriate.
·
'Locate and describe topographic features and anv
existing improvements, ,pipelines, drainage ditches
.transmission lines, roads.
7.12
'Fully describe existing structures.
'Describe surface and
.,
Hi_s tor i ca 1 .Baqkgr .o. und
subsurface geology.
'Describe any characteristic of site
known historical, archaeological, or
logical significance.
that may be
paleonto-
7.13
'Describe history of existing development
if any'. -
of site,
~Physical Description of Proposed Project
'Describe proposed structures, location, size,
type (factory, hotel, apartment, dam, etc.).
'Identify location of machinery of various types.
*Locate transportation elements, including any
temporary ones that-may be used during construc-
tion, roads, railroad tracks, pipelines, trans-
mission lines, transformer station, pumpings, sta-
tions. ~
'Locate and describe open space, paved areas,
buyer zones, isolating walls, plantings.
'Locate and describe recreation areas,
wildlife areas.
walkways,
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40
7.2
'Describe changes in topology, cut and fill.
'Discuss matters relating to safety.
'Comment on lifetime of project.
7.14
Phases of Construction or Other Activities
'Describe chronological phases .o49. project.
(planning, acquisition, construction, devel-
opment, and operational phases) .
7.15 Describe
Socio,Economic Cha. r_a_.cte~is_ti Cs _o_f__ Pr° j_e_ct
Es timated population
residential.
density and dispersion, if
'Recreational areas.
.
°Open space provisions.
'Compatibility with surrounding areas.
·
'Landscaping and general aesthetic appeal.
'Density (du/ac), if residential.
'price range of improvements.
'Effect on community economy.
'Public
'Effect
services required.
·
on local tax revenues.
"Historical resource preservation.
. 'Conformahc~ with general plan elements.
Description of
,
Exi. sti.n.gJ .Envir0nm_en, tal. Conditions.
7.21
Assess existing biological
a--n~ environs,- ..........
resour_qes of .... proj._ect__area'
A. Flora
1. Indigenous vegetative communities.
2. Exotic (non-indigenous) vegetative
3. Riparian areas.
4. Crops and commercial vegetation.
5. Microflora.
6. Aquatic vegetation.
7. Specifically rare or endangered v~egetation.
8. Natural plant propagation. ~
-~ /
- /.
-16- :
· /
communities.
7.22
7.23
B. Fauna
'1. Birds.
2. Land animals including 'r.eptiles.
3. Fish and shellfish.
.4. Benthic organisms.
5 · Insects.
6. Microfauna.
7. Rare or endangered species.
8. Habitat and migration areas and
animal propagation.
9. Economic species (cattle, etc).
natural
Des_cribe_~exis~ti~nq land resour..ces as applicable.
o
a~
Bo
Landform or unique physical features (mountains,
hillsides, plains, slopes, bays, rivers, sandy
beaches, dunes, and other geographic character-
istics).
Open spaces.
Co
Riparian areas (immediate and surrounding terri-
tory) .
Do
Percolation
function of the soil/ aquifers.
Eo
Geologic resources ('construction materials,
fossil fuels, mineral ores, etc.) (pollution
continued availability thereof).
and
F ·
Soil characteristics
ject) .
(affects thereof on
1. Stability.
2. Types.
3. Earthquake
faults.
Go
Cultural/scientific resources.
le
2.
3.
4.
Archeological sites.
Paleontological sites.
Historical sites.
Aesthetics.
A_ss~es.s. existing wa.ter re.s..ourc~es, ~both natur?!'
A·
Municipal/potable supply.
~1. Quality (physical, chemical,
ature, aesthetic qualities,
2. Quantity and accessibility.
bacteria,
etc. ) .
B·
Underground basins.
1. Quality.
2. Quantity and accessibility.
the pro-
and man-made.
temper-
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42
7.24
7.25
C ·
D ·
E.
Surf ace supply (streams, creeks,
ervoirs, etc.).
1. Quality.
2. Quantity and accessibility.
3 .. Drainage/runoff conditions.
lakes,
res-
Irrigation Lines
1. Location
2. Status - active,
abandoBad,
vacated
Water Quality. Aspects.
With respect to water quali~y aspects of the pro-
posed project which have been previously .certi-
fied by .the appropriate state or interstate
organization as being in substantial compliance
with applicable water quality standards, refer-
ence to the certifiqation should be made.
bescribe _and_ quantify _.e.x..i~sti_n._g_ qlimo, tolo.g,~cal fac.tors
an d"-air resources.
A. MeteOrology.
·
·
1. Temperature.
2. Moisture.
3. Wind.
4. Precipitation.
~ ,,
B., .Quality.
·
2.
3.
4.
Gasses and/or chemicals.
Parti cu lat~s/du st.
C lari ty/a es thet i c.
Odor.
C ·
Other
2.
3.
4.
Vibrations.
Radiation.
Sonic booms.
Obj ectional
electronic
transmissions.
~Asse.s.s_ ..~exis_ti~ngL. n. oise environment'.
A·
Be
If an improvement in, or development next to or
wi thin an existing community, determine community
~oise level in surrounding areas.
If new development, determine noise levels in
surrounding areas that may be affected by project
either during construction or while in operation.
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43
7.3
Ce
Identify and measure existing noise' at site due
to external noise sounds such as:
7.26
·
·
Airport nc/se.
Road and railway 'noise.
Pumping stations, transformers,
etc.
Describe existing Socio-economic and Demog. raph..ic Fea-
~res. in-.t.t~.e.-En. Vir-0..n.s of.' ~_he--~Piri0j_-ect.
ao
Socio-economic descriPtion of area, if applicable.
·
·
School systems.
Municipal services, water, sewage facilities,
solid waste pickup and disposal, etc.
Public transportation elements.
Accessibility of sh, opping areas.
Housing. ·
Demographic features.
0
Existing population densities.
Growth rates.
.I_dentify_ Boundaries o.f Are.a' Signif.ica~tly Affected'bY Project
Boundaries can be identified by reference to factors that may
be affected. ~ ,
·
7.31 Land Resource
~ --- _~ , ,_ _ _ , , · __
a·
Contiguous areas that m.ay be affected by any changes
in land-use.
,
Geological resources.
Earthquake conditions.
7.32
7.33
Water Resources
a. Municipal water supply
b. Underground water basins
c. Surface water; streams, creeks, lakes, etc.
ially effects on downstream areas, usages).
d. Drainage/runoff area
~..
. :.
Air Resources
a. ~Area affected by aLr pollutants from project.
b. Changes in temperature, humidity.
(espec-
7 ..34
Biological Resources
a·
Displacement of animal species to surrounding areas.
Possible interaction with ecological food chain in
surrounding area. . .
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44
7.4
7.5
7.6
7.35
Noise
ject.
surrounding area
Especially important
affected by noise from pro-
for an airport development.
7.36
Visual Resources
--, A be affected.
area
in which visual
aesthetics may
.7.37
$ocio-e_con__om. iq are, a o,f inf_lueqcg~r
a. Traffic loads
b. School system loads
c. Loads on Municipal service
d. Sewage and solid waste impact
areas
A~s. ses~s ~nd.,.DescribeEnv. ir..onmental I~p'ac.t Of, .P..rop_o.s~e_d ?_r, oje.ct
7.41 Indicate whether project will have a positive effect.
negative effect or no effect on various environmental
factors.
7.42
Consider both short-term and long-term effects.
7.43
Consider secondary effects.
7.44 May use Orange County Planning Department Physical ,- .......
. Environmental Checklist suppl.emented by socio-economic
factors checklist.
Describe and Quantify Adverse Environmental Effects
7.51 The probable unavoidable 'adverse environmental effects
should be described.
7.52
Quantify adverse effects where possible.
7.53 Describe
reduced
kinds and magnitudes of effects that
and those that .can be reduced but not
cannot be
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 or life .styles that may be
negatively influenced.
7.57
Identify..natural resources that will be lost.
R~e,l. ate Sh.o.rt-Ter~_?is, r. up_ti0.n and ._Long'Te~m_Prpd_ucti_v,i_ty
7.61 Relate short-term environmental changes and
ance of long-term resource productivity.
the maintef.
7.62 Assess all effects of the projec~ that may narrow the
alternatives or reduce the possible long-term uses of
·
the environment.
-20-
Examine long-term risk's to health and safety.
7.7 I_~den_tifyu_- Irr.ev.e. rsiblei and I..r_r~et.r.i.e~va.b!e C0 _mm_itmen~t.s- of
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 environmen~ for man-,
kind. '
7.73 Assess secondary effects that may curtail the option
available to future generations.
7.74 Should address the use of resources that cannot be re-
trieved, especially those in short supply or which
~ cannot be replaced.
7.8 Assess .GrowtL.h-ind_uc~inq Impact of Pr.oposed'Action
_
7.81 Assess immediate and long-range impacts .upon population
growth and expansion of development.
7.82 Describe project as either expahsion of an exis'ting
urbanized area or the opening of a new area.
7.83 Assess its effect in stimulating new growth in new areas.
7.84 If new growth is implied describe the development or
existence of facilities to accommodate new growth.
7.85. Relate growth patterns to those of surrounding areas.
·
7.9 D~e_sc~ibe _Relatiqn.ship ..of. p~.r..oje.c.t to O~verall_L, ong-.Range- p. 1._an_s-
7.91 state how project fits in with adopted policies, stand-
ards, and general plans of all involved jurisdictions.
7.92 Assess the significance of the project in the implemen-
tation of policy standards and plans.
7.93 Determine whether project conflicts with plans and
whether project should be altered or additional planning
is necessary.
· 7.10 ~s.ti. mate-~o, ng~-ter~ .a.~nd Shor~t~-te_rm _E.conomic ..I~.mpact o~f P. ro. j ect
7.101 The effect of the project upon the economy of the local
area should be assessed.
7.'102 Benefits and detrimental economic effects should be
analyzed.
7.103 Examples might .be changes in tax base for a city or dis-
trict, effect of a business on unemployment, etc.
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46
7.11 Describe Measures That Will '~e Taken to Minimize_ Negat!¥,e
7.111 Describe design or construction features in the projec~ .
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 com.,parison~Bet~ween _Al__ternativ_es
7.121 Alternatives to the proposed project that might avoid
some or all of the adverse effects should be identified.
7.122 Ail feasible options should be described, including the
possibility of choosing a different location, revised
project specifications, or no project at all.
7.123 Alternat'ive design and mitigation measures should be
described.
7.124 The anticipated degree of environmental impacts by al-,
ternative measures and specific reasons for rejecting ~
these alternatives should be discussed here.
7.13 or. gan i.~zatio n? 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 pre-
paring the EIR, by contract or other authorization must be
given.
·
7.14 Su.mm~y
A Summary Section shall be identified within the report that
lists significant adverse impac, ts upon the environment and
mitigating factors and alternatives.
8. C~ont.,_ents,_of Final Environmental Impact Report.
a) The Final EIR shall consist of the Draft EIR containing, the
elements described in Section 7 of these Guidelines, a sec-
tion containing the comments received through the consulta-
tion process either verbatim or in.summary, and the response
of the City to the significant environmental points raised
in the revi'ew and consultation process.
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47
·
ProCe~ es
The Procedures for the· implementation of the California Environ-
mental Quality Act and these Guidelines shall be as adopted by
Resolution of the City Co.uncil of the City of Tustin.
!
PASSED AND ADOPTED at a regular meeting of the City council
of the City of Tustin, held on the 2nd day of April, 1973
_
ATTEST:
. ~CLERK .
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, 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. 73-24 was duly and
regularly introduced, read, passed and adopted at a regular meeting
of the City Council held on the 2nd day of April, 1973, by the following'
vote: ·
AYES:
NOES: COUNCILMEN NONE
_
ABSENT- COUNCILMEN NONE
Ci~'y Clerk, Ci~ of Tustin, California~
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