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HomeMy WebLinkAbout73-032RESOLUTION NO. 73-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING "RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970" WHEREAS, the California State Environmental Quality Act as amended by AB 889 requires all cities to adopt by ordinance, resolution, rule or regulation, objectives, criteria and procedures for the evaluation of projects and the preparation of Environmental Impact Reports, prior to April 5, 1973; and WHEREAS, the Environmental Quality Act requires that the objectives, criteria and procedures adopted by the City shall be consistent with the provisions of that Act and with the Guidelines adopted by the Secretary of the California Resources Agency; and WHEREAS, there is attached to this resolution, and by this reference incorporated herein as though fully set forth, a set of Rules and procedures to implement the requirements of the Environmental Quality Act entitled "RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970", which are consistent with the Guidelines for Implementation of the Calif- ornia Environmental Quality Act as adopted by the Secretary of the California Resources Agency; and WHEREAS, by Resolution No. 6024, the Santa Ana Planning Commission has recommended to the City Council that the aforesaid "RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970", be adopted by the City Council; NOW, THEREFORE, BE IT RESOLVED, that the Santa Ana City Council hereby adopts the attached "RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970". PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 2n~ day of A~ri~ , 1973. ATTEST: MAYOR CLERK OF THE COUNCIL RESOLUTION NO. 73-32 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) ss I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Resolution was introduced to said Council at its regular meeting held on the ~nd ~ay of A~ril , 1973, and was at said meeting passed and adopted by the follow- ing vote, to wit; AYES, COUNCILMEN: NOES, COUNCILMEN: Griset, Yamamoto, Villa, Herrin, Patterson Evans, Marke 1 ABSENT, COUNCILMEN: No~e CLERK OF THE COUNCIL APPROVED AS TO FORM: -2- 3/88 DUE TO POOR CONDITION ORIGINAL DESTROYED - PAGE ll MISSING RULES AND REGUIATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 SECTION 1. SECTION 2. ARTICLE I - GENERAL Authority. The rules and regulations contained herein are adopted by the Santa Ana City Council pursuant to the California Environmental Quality Act of 1970 to be followed by the City in the im- plementation of the Environmental Quality Act of 1970 dealing with the environmental quality, the evaluation of projects, and the preparation and evaluation of Environmental Impact Reports. The purpose of these rules and regulations is to provide the City with principles, objectives, cri- teria, and definitions of statewide application to be used in the implementation of the California Environmental Quality Act of'1970 (Public Resources Code ~§ 21000 - 21174) as amended by Chapter 1154 of the Statutes of 1972 (AB 889) and the Guidelines for Implementation of the California Environmental Quality Act adopted by the Secretary of the Calif- ornia State Resources Agency. These rules and regulations provide for the orderly evaluation of projects and the preparation of Environmental Im- pact. Reports. -1- SECTION 3. Informational Document. An Environmental Impact Report is an informational document .~hich, when fully prepared in accordance with the California Environmental Quality Act, hereinafter referred ~to as CEQA, and the Guidelines for Implementation of the California Environmental Quality Act of 1970 propounded by the Secretary of the California Resources Agency, will inform public decision- makers and the general public of the environmental effects of projects proposed to be carried out or approved by the City of Santa Ana. This environmen- tal impact process is intended to enable the City of Santa Aha to evaluate a project to de~ermine whether it may have a significant effect on the en- vironment, examine and institute methods of reducing adverse impacts, and consider alternatives to the project as proposed. This procedure must be carried out prior to the approval or disapproval of any pro- ject proposed to the city of Santa Ana. An Environ- mental Impact Report may not be used as an instru- ment to rationalize approval of the project, nor do indications of adverse impact, as enunciated in an Environmental Impact Report, require that a project be disproved -- the.City of Santa Ana retaining existing authority to balance environmental objectives -2- SECTION 4. SECTION 1. SECTION 2. with economic and social objectives. Scope. The scope of these Guidelines it not in- tended to be comprehensive or to cover any and all circumstances that may arise in the Environ- mental Impact Report procedure, but are intended to act as a guide to Santa Ana City Council, its various Boards, Commissions, and Departments in the approval of the Environmental Impact Reports. ARTICLE II - DEFINITIONS General. Whenever the following words are used in these rules and regulations, unless otherwise de- fined, they shall have the meaning ascribed to them in this Article. Approval means the decision by the Santa Aha Plan- ning Commission or the Santa Ana City Council which commits the city to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any pro- ject is a matter to be determined by the Santa Ana Planning Commission or the Santa Ana City Council, according to its rules, regulations, and ordinances. Legislative action in regard to a project constitutes approval. -3- SECTION 3. SECTION 4. SECTION 5. In con~ection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the City of a discre- tionary contract, gra~t, subsidy, loan or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. CEQA_ - Ca~if0rqia Environmeq~al Quality Act. CEQA means the Environmental Quality Act of the State of California and in particular, California Public Resources Code ~ 21000 - 21174. Categorical Exemption. Categorical exemption means an exception from the requirement for the prepara- tion of an Environmental Impact Report for a class of projects based on a finding by the Environmental Impact Evatuator or the Environmental Review Commit- tee of the City of Santa Bna, that the particular project does not have a significant effect on the environment. Discretionary Project. Discretionary project means an activity defined as a project which requires the exercise of judgment, deliberation or decision on the part of the City of Santa Ana approving or dis- approving a particular activity, as distinguished from situations where the City of Santa Ana has to -4- SECTION 6. SECTION 7. SECTION 8. SECTION 9. determine whether there has been conformity with applicable statutes, ordinances, or regu- lations. Emergency. Emergency means a sudden catastrophic calamity caused by an occurrence or combination of occurrences of statewide or local impact, such as fire, flood, earthquake or other natural dis- aster~ riot, war, accident, or sabotage. Environment. Environment means the physical condi- tions 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 esthetic significance. Environmental Impact Evaluator shall be the Direc- tor of Planning of the city of Santa Ana or someone designated by him, who in his capacity as Environ- mental Impact Evaluator shall determine whether projects to be approved or carried out by the City of Santa Ana may have a significant effect on the environment. EIR - Environmental Impact Report (EIR) Impact Report. Environmental means a detailed statement setting forth the environmental effects and consi- derations pertaining to a project as specified in §21100 of the California Environmental Quality Act. -5- SECTION SECTION 10. 11. Draft EIR means an EIR containin9 the in- formation as specified in these rules and regulations, as set out in Article IV, Sec- tions 2, 3 and 4. Final EIR means an EIR containing the in- formation as regulations, IV, Sections regulations, specified in these rules and and in particular in Article 2, 3 and 4 of these rules and a section for comments received in the consultation process, and the response of the Santa Ana Plannina Commission or Santa Ana City Council to the comments received. EIS - Environmental Impact Statement. Environmen- tal Impact Statement (EIS) means an environmental impact report prepared pursuant to the National Environmental Policy Act (NEPA) . The Federal Govern- ment uses the term EIS in the place of the term EIR which is used in CEQAo Environmental Review Committee means a committee consisting of representatives from the Planning Department, the Department of Public Works, the Department of Parks and Recreation, the Fire Depart- ment, and any other Department of the city of Santa Ana, designated by the Environmental Impact Evaluator to act in an advisory capacity to the Environmental -6- SECTION 12. SECTION 13. SECTION 14. SECTION 15. Impact Evaluator, Feasible. Feasible means capable of being accom- plished in a successful manner by reasonably avail- able, economic, and workable means. Lead Agency. Lead Agency means the Public agency which has the principal resposibility for carrying out or approving a project which may have a signi- ficant effect on the environment where more than one public agency is involved with the same under- lying activity. Local Agency. Local agency means the Santa Ana City Council or Planning ComMission. Ministerial Projects. Ministerial projects as a general rule, include those activities defined as projects which are undertaken or approved by govern- mental decision which the City of Santa Ana or its employees make~ upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With these projects, the City of Santa Ana or its employees must act upon the given facts without regard to his own judgment 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 lan- guage by the City of its employees. SECTION 16. Negative Declaration. Negative declaration means a statement by the Environmental Impact Evaluator that will 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". SECTION 17. Notice of Completion. Notice of completion means a brief report filed with the Secretary for Resources as soon as a local agency has completed a draft EtR and is prepared to send out copies for review. SECTION 18. Notice of Determination. Notice of determination means a brief notice to be filed b~ the city of Santa Ana when it approves or determines to carry out a project which is subject to the requirements of the CEQA. SECTION 19. Person. Person includes any person, firm, associa- tion, organization, partnership, businesD, trust, corporation, company, district, county, city and county, city, town, the State, and any of the agen- cies' political subdivisions of such entities. SECTION 20. Preliminary Environmental Description (PED). Pre- liminary Environmental Description is a written description of a project which is sufficiently -8- SECTION 21. SECTION 22. detailed to enable the Environmental Impact Eval- uator to determine if the project may have a sig- nificant effect on the environment. Plannin? Department. Planning Department shall mean the Planning Department of the City of Santa Ana unless otherwise indicated. (a) ~roject means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: (1) an activity directly undertaken by any local agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adop- tion of local General Plans or elements thereof. (2) an activity undertaken by a person which is supported in whole or in part through local agency contracts, grants, subsidies, loans, or other forms of a~sistance from one of more local agencies. (3) an activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more local agencies. -9- (b) SECTION 23. Significant Effect. Significant effect means a stantial adverse impact on the environment. Project does noC. include: (1) Anything specifically exempted by state law; (2) Continuing administrative or maintenance activities, such as purchases for sup- plies, personnel-related actions, emer- gency repairs to public service facilities general policy and procedure making (ex- cept as they are applied to specific in- stances covered above), feasibility or planning studies. (3) The submittal of proposals to a vote of the people of the City of Santa Ana. sub- SECTION 3. form nor Environmental I~act Report shall be required for the project. a. For the purposes of these rules and regulations, the issuance of building permits, business li- censes, the approval of final subdivision maps, or individual utility service connections and disconnections, are "ministerial" acts. Categorical Exemptions. If the Environmental Im- pact Evaluator finds that a specific proposal is a "discretionary project" then he shall make a deter- mination as to whether or not the project is exempt from filing a Preliminary Environmental description and an Environmental Impact Report by using the following list of categorical exemptions which have been found by the Secretary of the Resources Agency not to have a significant effect on the environment. (a) Class 1: Existing.Facilities. Class 1 consists of the operation, repair, maintenance or minor alteration of existing public or private struc- tures, facilities, mechanical equipment, or top- ographical features, involving negligible or no expansion of use beyond that previously existing, includin? but not limited to: (1) Interior or exterior alterations involving such things as interior partitions, plumb- -12- lng, and electrical conveyances; (21 Existing facilities of both investor, and publicly owned utilities used to con- vey or distribute electric power, natural gas~ sewage, etc.; (3) Existing highways and streets (within al- ready established rights-of-way) sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; (4) Restoration, or rehabilitation of deterio- rate~ or damages structures, facilities or mechanical equipment to meet current stan- dards of public health and safety, unless it is determined that the damage was sub- stantial and resulted from an environmental hazard such as earthquake, landslide or flood; (5) Additions to existing structures provided that the addition will not result in an in- crease of more than 50 percent of the floor area of the structure before the addition or alteration, or 2500 square feet, which- ever is less; (6) Addition of safety or health protection de- vices for use during construction of or in -13- conjunction with existing structures, facilities or mechanical equipment, or topo- graphical features (including navigational devices) where these devices do not have or result in an adverse environmental impact; (7) New copy on existing on and off-premise signs; (8) Maintenance of existing landscaping, native growth and water supply reservoirs (exclud- ing the use of economic poisons, as defined in Division 7, Chapter 2, California Agricul- tural Code); (9) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife re- sources. (10) Fish stocking by the California Department of Fish and Game. (11) Division of existing multiple family rental units into condominiums. (12) Demolition and removal of buildings and lated structures except where they are of historical, archaeological or architectural consequence as officially designated by Federal, State or local governmental action. -14- (c) Class 2: Class 2 tion of Replacement or Reconstruction. consists of replacement or reconstruc- existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have sub- stantially the same purpose and capacity as the structure replaced, including but not limited to: (1) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50%. (2) Replacement of a commercial structure with a new structure of substantially the same size and purpose. Class 3. New Construction of Small Structures. Class 3 consists of construction and location of single, new facilities or structures listed in this notice and installation of new equipment and facilities including but not limited to: (1) Single family residences not in conjunction with the building of two or more such units. (2) 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. -15- (d) (3) 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. (4) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction; (5) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation, including but not limited to: (1) 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 offi- cially designated (by Federal, State or local governmental action) scenic area, or in offi- cially mapped areas of severe geologic hazard. (2) New gardeDing or landscaping but not includ- ing tree removal. (3) Filling of earth into previously excavated land with material compatible with the natu- ral features of the site; (e) (f) (4) Minor alterations in land, water and vegetation on existing offically desig- nated wildlife management areas of fish production facilities which result in im- provement of habitat for fish and wild- life resources or greater fish production; (5) Minor temporary uses of land having negli- gible or no permanent effects on the environ- ment, including carnivals, sales of Christmas trees, etc. Class 5: Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations, except zoning, including but not limited to: (1) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel nor in any change in land use or density; (2) Issuance of minor encroachment permits. Class 6: Information Collection. Class 6 con- sists of basic data collection, research, experi- mental management and resource evaluation acti- vities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering -17- purposes, or as part of a study leading to an action which a public agency has not yet approved, adopte~ or funded. (g) Class 7: !~e~ulator~ ~ctions for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource, including but not limited to a wildlife preservation. (h) Class 8: ~e~ulatory Actions for the Protec- tion of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, en- hancement, or protection of the environment. (i) Class 9: ~nspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including related activities such as in- spection for possible mislabeling, misre- presentation or adulteration of products. (j) Class 10: Loans. Class 10 consists of loans made by the Department of Veterans Affairs -18- (k) (1) (m) under the Veterans Farm and Home Purchase Act of 1943. Class 11: ~ccess.ory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (1) On-premise signs: (2) Small parking lots. Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus govern- ment property except for parcels of land. Exception 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 sen- sitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may im- pact on an environmental resource, or hazard or critical concern as may be hereafter desig- nated, precisely mapped, and officially adopted pursuant to law. Moreover, all -19 i SECTION 4. exemptions for these classes are inappli- cable when the cumulative impact of succes- sive projects of the same type in the same place, over time is significant -- for example, annual additions to an existing building under Class 1. If the Environmental specific proposal is not exempt under the Impact Evaluator finds that a a discretionary project and is categorical exemptions afore- described, the Environmental Impact Evaluator shall then require of the person making the specific pro- posal to submit to the Santa Ana Planning Department, an Environmental Preliminary Description (PED) on a form supplied by the Santa Ana Planning Department. After the PED is filed with the Planning Department, the Environmental Impact Evaluator shall make a deter- mination whether or not there is a possibility that the project may have a significant effect on the environment. a. Determination of Environmental Impact Evaluator. The Environmental Impact Evaluator may make a determination on his own whether or not the specific project may have a significant effect on the environment, or in the alternative, the Environmental Impact Evaluator may submit the -20- the Environmental Preliminary Description to the Environmental Review Committee for a re- view and their comment whether or not the spec- ific project may possibly have a significant effect on the environment. After the Environ- mental Review Committee has made its comments, the Environmental Impact Evaluator shall make a determination whether or not the project may possibly have a significant effect on the envir- onment. The Environmentai Impact Evaluator shall consider Section 15081 and 15082 of the Guidelines for Implementation of the California Environmental Quality Act of 1970, in making his determination as to whether or not the pro- ject may possibly have a significant effect on the environment. Negative Declaration. If the Environmental Impact Evaluator finds that the non-exempt dis- cretionary p~oject will not possibly have a signi- ficant effect on the environment, the Environmental Impact Evaluator shall issue a negative declara- tion stating that the project cannot possibly have a significant effect on the environment. The negative declaration should not exceed one page in length. 21- (1) ~J_lino Neoative Declaration, The Environ- mental Impact Evaluator skall thereafter file the negative declaration with the Orange County Clerk within a sufficient length of time prior to the approval or dis- approval of the project by the local agency in order to provide an opportunity for the members of the public to respond to the f~nding contained in the negative declaration. (2) ~ubmission of N~ative,Declaration to the Local Agency: The Environmental Impact Evaluator shall then submit the negative declaration to the local agency at the time it is called upon to approve or disapprove the project. The findings of the Environmen- tal Evaluator in the negative declaration shall be final unless the local agency wishes to review those findings and make a contrary finding. (3) Filing of Notice of Determination. After the local a?ency has approved or disapproved the project, the Environmental Impact Evaluator shall file a Notice of Determination with the Orange County Clerk along %,l~h a copy of the negative declaration previously filed with -22- SECTION 5. with the Orange County Clerk. The Notice of Determination shall include the decision of the local agency to approve or disapprove the project, the determination of the agency whether the project may possibly have a signi- ficant effect on the environment, and whether an EIR has been prepared pursuant to the pro- Decision to Prepare an EI_R. If the Environmental Impact Evaluator finds that a discretionary project may possi- bly have a significant effect on the environment, then the Environmental Impact Evaluator may prepare or cause to be prepared a draft Environmental Impact Report. a. Project by Private Party. If the project is to be carried out by a non-governmental person, the En- vironmental Impact Evaluator may require such person to submit data and information necessary to enable the local a~ency to prepare the EIR. This informa- tion may be transmitted in the form of a draft EIR, but the Environmental Impact Evaluator must examine this draft and the information contained within it to assure himself of its accuracy and objectivity and amend the draft if necessary. For this purpose the Environmental Impact Evaluator may submit the draft EIR to the Enviromental Review Committee. -23- b Tke EIR in its final form must reflect independent judgment of Contents of Draft EIR. the the local agency. The contents of the draft EIR shall consist of the information specified in Article IV Sections 2, 3, and 4. In preparing the draft EIR, the Environmental Impact Evaluator must consult with, and obtain the comments of, any public agency which has jurisdiction by law with respect to the project and may consult with any person who has special expertise with respect to any environmental impact involved. Opportunity for comments from the general public should be pro- vided. The Environmental Impact Evaluator shall evaluate comments received from persons who reviewed the draft EIR. Notice of Completion of Draft EIR. draft EIR is completed, but before out for review, an official notice As soon as the copies are sent stating that the draft EIR has been completed must be filed with the Secretary of the Resources AGency. The notice shall include a brief description of the project, its proposed location, and an address where copies of the EIR are available. This notice shall be referred to as a Notice of Com- pletion. The form for this notice shall be -24- supplied by the Santa Ana Planning Department. Preparation of Final EIR. The Environmental Impact Evaluator shall then prepare a final EIR. The contents of a final EIR are specified in Article IV, Section 7, of the Rules and Regulations° Presentation of Final EIR to Local.A~ency. The final EIR shall be presented to the local agency making the decision for approval or disapproval of a project. The local agency shall adopt the final EIR and consider the contents of the report when it makes a decision on the project. Final Notice of Determination. After making a decision on the project, the local agency shall file a notice of action taken on the project. This notice shall be referred to as the Final Notice of Determination. Such notice shall include (1) the decision of the agency to approve or dis- approve the project, (2) the determination of the agency, whether the project will or will not have a significant effect on the environment, and (3) whether an EIR has been prepared pursuant to the provisions of the CEQA. The Final Notice of Determination shall be filed with the County Clerk of Orange County. Additional Notice. The Envircnmental Impact -25 Evaluator may file such additional notices as may be desirable in implementing these rules and regulations~ including but not limited to notices relating to a determination that a project is categorically exempt, a project is covered by the emergency exemption or the ministerial exemp- tion, or that an activity is not covered by the act at all. -26- SECTION 1. SECTION 2. SECTION 3. ARTICLE IV CONTENTS OF FNVIRONMENTAL IMPACT REPORTS General. Environmental impact reports shall contain the information outlined in this article. Description of Project. The description of the pro- ject shall contain the following information but should not supply extensive detail beyond that needed for eval- uation and review of the environmental impact. (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, prefer- ably topographic. The location of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposed project. (c) A general description of the project's technidal, economic, and environmental characteristics, con- sidering the principal engineering proposals. Description of Environmental Setting. An EIR must in- clude a description of the environment in the vicinity of the project as it exists before com- mencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environ- mental impacts. Special emphasis should be placed on environmental resources that are rare or unique -27- SECTION 4. to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining the possible cumulative impact of such projects. Environmental Impact. Ail phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. (a) The Environmental ~act of the Proposed Action: Describe the direct and indirect impacts of the project on the environment, giving due consider- ation to both the short-term and long-term effects. It should include specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resource base such as water, scenic quality and public services. (b) Any Adverse Environmental Effects Which Cannot Be Avoided if the Proposal is Implemented: Describe any adverse impacts, including those which can be -28- (c) (d) reduced to an insignificant level but not eliminated. ~ere there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. Do not neg- lect impacts on any aesthetically valuable sur- roundings, or on human health. Mitigation ~easures Proposed to Minimize the Impaq~.: Describe any mitigation measures written into the project plan to reduce significant environmentally adverse impacts to insignificant levels, and the basis for considering these levels acceptable. Where a particular mitigation measure has been chosen from among several alternatives should be discussed and reasons should be given for the choice made. Alternatives to the Proposed Action: Describe any known alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Attention should be paid to alternatives (e) (f) capable of substantially reducing or elimina- ting any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives, and are more costly. The Relationshi~ Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhance- m%nt of Lon~-T.erm. Prod~.qt~ity: Describe the cumulative and long-term effects of the proposed. project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an op- tion for further alternatives, should be explained. A_~ Irreversible Enviro.nmeDta..! Changes..Wh~ch Would Be Involved in the Proposed Action Should It Be I~plemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlike- ly. Primary impacts and, particularly, secondary impacts (such as a highway improvement which pro- -30- SECTION 5. (g) vides access to a nonaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irretrie- vable com~itments of resources should be evaluated to assure that such current consumption is justified. The Growth-Inducing Impa~t 9f the Proposed Action: Discuss the ways in which the proposed project could f6ster economic or population growth, either direct- ly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for examplev allow for more construction in service areas). Increases in the population may further tax exist- ing community service facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could signi- ficantly affect the environment, either indivi- dually or cumulatively. It must not be assumed that growth in any detrimental, or of environment. Organizations and Persons area is necessarily beneficial, little significance to the Consulted: The identity of -31- ,/ SECTION 6. SM ~ION 7. all federal, state or local agencies, other organiza- tions and p£ivate individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparJ, ng the EIR, by contract or other authori- zation must be given. Water Quality Aspects. With respect to water quality aspects of the proposed project which have been pre- viously certified by the appropriate state or inter- state organization as being in substantial compliance with applicable water quality standards, reference to the certification should be made. Contents of Final Environmental Impact Re~ort. (a) The Final EIR shall consist of the Draft EIR con- taining the elements described'in Sections 2, 3, and 4 of this Article IV, a section contain- ing the com~.ents received through the con- sultation process described in Article VI, eJ. ther verbatim or in summary, and the response of the Local Agency to the Significant environmen- tal points raised in the review and consultation process. (b) The response of the Local Agency to comments received may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR. The response shall describe the disposition -32- of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particula~ the major issues raised when the Local Agency's position is at variance with recommenda- tions and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of overriding importance warranting an override of thc suggestions. -33- SECTION ARTICLE V APPLICATION OF RULES AND REGULATIONS TO PROJECTS ~oca!.Agency Prgjects. a. When the local agency plans to carrY out a project which may have a significant effect on the environ- ment, the local 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 be carried out by a non- governmental person subject to approval, financial support, or some other involvement by the local agency, the local agency will prepare an EIR by its own efforts or by contract. However, the local agency may require the person to supply data and information, both to determine whether the project may have a significant effect on the environment, and to assist in the preparation of an EIR by the local agency. This information may take the form of a draft EIR, if the local agency desires. c. The EIR may be prepared as a separate document, or as a 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 seven -34 - SECTION 2. SECTION 3. elements specified in Article IV, Section 4 of these rules and regulations. d. ~11 public and private activities are undertaken pursuant to or in furtherance of a redevelopment plan constitute a single project, which shall be deemed approved at the time of the adoption of the redevelopment plan by the Santa Ana City Council. The EIR in connection with the redevelopment plan shall be submitted in accordance with Section 33352 of the Health and Safety Code. Privat~ projects. Projects undertaken by a person other than the local agency which are supported in whole or part through contracts, grants, subsidies, loans, or other forms of assistance from one or more governmental entities or which involve the issuance to a person of a lease, permit, license, certificate, or other entitle- ment to use by one or more governmental entities requires the preparation of an Environmental Impact Report if the project may have a significant effect on the environment and the project involved discretionary governmental action unless the project is otherwise exempted by the rules and regulations. The governmental entity with discretionary control over the project shall be respon- sible for preparing the Environmental Impact Report. Subsequent EIR. Where an EIR has been prepared, no -35- SECTION 4. additional EI~ 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 under which the project is to be undertaken, such as a change in the proposed location of the project, which will require major revisions in the EIR due to the involve- ment of new environmental impacts not cove~ed in the original EIR. Use of a Single EIR. The Environmental Impact Evaluator may employ a single EIR to describe more than one pro- ject, as such projects are essentially the same in terms of environmental impact. Further, the Environ- mental Impact Evaluator may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. The local agency may elect to write EIR's in advance for entire programs or regu- lations in order to be prepared for project applica- tions to come. Whenever the local agency chooses to utilize any of these alternatives, however, it must find that the environmental effects of the projects -36- SECTION 5. SECTION 6. 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 local agency should amend the EIR it prepares for a program to apply it to an individual project with unusual characteristics. Multiple and Phased Projects. are, or a phased project is, h~ere individual projects to be undertaken and where the total undertaking comprises a project with signifi- cant environmental effect, the Environmental Impact Evaluator 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 local agency to a larger project~ with significant effect, an EIR must address itself to the scope of the larger project, subject to the limitations Section 15066 Guidelines for Implementation of the CEQA of 1970. Where one project is one of several similar pro- jects of the local agency, but is not deemed a part of a larger undertaking or a larger project, the local agency may prepare one EIR for all projects, or one for each project; but should in either case comment upon the ccmbJ, ned effect. Ongoing Project: a. n project covered by Article II, Section 22(a) (1) -37- definition of projects specified by these rules and regulations, approved prior to November 23, 1970, shall not require an Environmental Impact Report or a negative declaration unless it is a project which may have a significant effect on the environment, and (1) A substantial portion of public funds allocated for the project have not been spent and it is still feasible to modify the project in such a way as to mitigate against potentially adverse environmental effects, or to choose feasible alternatives to the project, includin9 the alternative of "no project" or halting the project; or (2) The local agency proposed a modification to the project plan, such that the project might have a new significant effect on the environment. A project covered by Article II, Section 22(a) (3) or contracts covered by Article II, Section 22(a) (2) under the definition of projects specified by these rules and regulations, approved prior to December 5, 1972, does not require an EIR. However, _382 any project legally challenged prior to this date for non-compliance with the CEQA shall be bound by special rules set forth in Section 21170 of the CEQA. These rules and regulations and the CEQA do not require the preparation of an EIR for a project described in Article II, Section 22(a) (3) and for contracts described in Article II, Section 22(a) (2) under the definition of project for approvals prior to April 5, 1973. SECTION d. Where a project involving the issuance of a lease, permit, license, certificate, or other entitle- ment to use has been granted a discretionary governmental approval for part of the project be- fore ~pril 5, 1973, and requires another or addi- tional discretionary approval after April 5, 1973, the project shall require the preparation of an EIR only if the approval or approvals after April 5, 1973, involve a greater degree of responsibility and control over the project as a whole. Feasibility and Plannin$ Studies. A project involvin~ only feasibility or planning studies for possible future actions which the local agency has not approved, adopted, -39- or funded does not require the preparation of an Environmental Impact Report but does require consi- deration of environmental factors as required by Section 21102 of the CEQA, -40- SECTION 3. SECTION 4. SECTION 5. to the particular project. A complete listing of other agencies, particularly governmental agencies, which have legal jurisdiction and/or special expertise with respect to various projects and project locations are contained in Appendix B attached to these Rules and Regulations. The Environmental Impact Evaluator shall add additional listings of agencies having legal jurisdiction and/or special expertise to Appendix B from time to time as necessary. Review of Adverse Effects: The Environmental Impact Evaluator and the local agency shall focus on the suffi- ciency of the EIR in discussing possible impacts upon the environment, ways in which adverse effects might be minimized, and alternatives to the project, in light of the intent of CEQA to provide decision-makers with useful information about such factors. Failure to Comment: If a governmental agency or per- son who is consulted with regard to an EIR fails to comment within 14 days after consulted, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. Request for Environmental Documents: Draft EIR's and Final EIR's shall be made available to the public for inspection, and copies may be given to the general public after payment of a charge for the actual cost -42- SECTION 6. of reproducing that copy. P__ublic Participation. A public hearing shall be held on local agency consideration of environmental impact reports. The City of Santa Ana desires to have wide public involvement, formal and informal, in order to properly receive and evaluate public reactions, adverse and favorable, based on environ- mental issues. a. Public Hearin~ Procedure: Public hearing on the consideration of environmental impact reports shall be held in conjunction with and as a part of normal planning activities. These public hearings shall include comments from reviewing agencies made pursuant to these rules and regula- tions. A Draft EIR shall be used as an outline for discussion and public hearing. Notice of public hearing for consideration of EIR's shall be given in the same manner and in the same form as notice is given for the discretionary project. All rules, regulations, ordinances, by-laws, and charter provisions of the City of Santa Ana per- taining to public hearings by the local agency pertaining to the discretionary project shall be complied with in implementing this environmental impact report public hearing procedure. No pub- lic hearing need be held in connection with the -43- SECTION 7. SECTION 8. review of an Environmental Impact Report prepared by another governmental agency. Retention and Availability of Comments: Comments received through the consultation process shall be kept on file with the local agency for a reasonable period and made available for public inspection at 20 Civic Center Plaza, Santa Ana, California. Comments which may be received independently of the review of the Draft EIR shall also be considered and kept on file. Fee for Review of EIR's: pay a reasonable fee to Ail project sponsors shall the Environmental Impact Eval- uator or the local agency to cover the estimated costs in reviewing the Draft EIR and preparing the Final EIR. The reasonable fees for such services shall be set by the Environmental Impact Evaluator. -44-