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Home My WebLink About75-029RESOLUTION NO. 75-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ADDITIONS AND DELETIONS TO THE PREVIOUSLY ADOPTED "RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970" CONSISTENT WITH THE RECENTLY ADOPTED AMENDMENTS TO THE GUIDE- LINES OF THE SECRETARY OF THE CALIFORNIA STATE RESOURCES AGENCY WHEREAS, the Santa Ana Planning Commission, pursuant to their Resolution No. 6066, on March 11, 1975, recommended to the Santa Ana City Council adoption of additions and dele- tions to the previously adopted "Rules and Regulations of the City of Santa Ana Implementing the California Environmental Quality Act of 1970", consistent with the recently amended 9uidelines of the Secretary of the California State Resources Agency. NOW, THEREFORE, BE IT RESOLVED that the Santa Ana City Council hereby adopts the attached amended "Rules and Regula- tions of the City of Santa Ana Implementing the California Environmental Quality Act of 1970", which are attached hereto as Exhibit "A", and by this reference incorporated herein as though fully set forth. PASSED AND ADOPTED by Santa Ana at its 1?th day of ATTEST: the City Council of the C~ty regular meeting held on the March , 1975. MAYOR of CLERK OF THE COUNCIL STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA SS.: I, FLORENCE I. Clerk of the Council going Resolution was regular meeting MALONE, do hereby certify that I am the of the City of Santa Ana; that the fore- introduced to said Council at its held on the ~7th day of RESOLUTION NO. 75-29 PAGE TWO March and adopted by the 1975, and was at said meeting passed following vote, to wit: AYES: NOES: COUNCILMEN: COUNCILMEN: Griset, Yamamoto, Markel, Evans, Garthe, Ward None ABSENT: COUNCILMEN: Bricken CLERK OF THE COUNCIL APPROVED AS TO FORM: COL/ms 3-10-75 OO4 0~5 O06 007 OO8 0O9 OO9 OO9 OO9 010 '010 011 011 012 012 013 013 014 014 015 015 016 016 017 017 · 018 018 019 019 02O : 021 ' 021 022 022 O23 023 O24 024 O25 02'5 026 026 O2'/ 02? 028 028 O29 029 O3O O3O RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (AS AMENDED MARCH, 1975) ARTICLE I - GENERAL SECTION 1 SECTION 2 SECTION 3 SECTION4 Authority Purpose Information Documgnt Scope ARTICLE II - DEFINITIONS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 a. b. General Applicant Approval CEQA - California Environmental Quality Act Categorical Exemption· Discretionary Project Emergency Environment Environmental Assessment Form (ENAF) Environmental Documents Environmental Impact Evaluator EIR - Environmental Impact Report Draft EIR Final EIR (FEIR) Page 1 1 2 3 3 3 4 4 5 5 5 6 6 6 6 7 7. 7 031 031 032 032 033 033 034 034 035 035 036 036 037 .037 O38 038 039 039 040 O40 041 · 041 042 042 043 043 044 044 045 045 046 046 047 047 048- 048 049 049 O50 05O 051 051 052 052 053 054 054 055 055 056 056 O5.7 SECTION 13 SECTION 14 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION 23 SECTION 24 SECTION 25 SECTION 26 SECTION 27 SECTION 28 SECTION 29 EIS - Environmental Impact Statement Environmental Review Committee Feasible Initial Study Jurisdiction by Law Lead Agency Local Agency Ministerial Projects Negative Declaration Notice of Completion Notice-of Determinatioh'. Notice of Exemption Person Planning Department Project Public Agency Significant Effect ARTICLE III - EVALUATING PROJECTS SECTION 1 SECTION 2 a. SECTION 3 General Rule Determination of "Project" Emergency Project Exception Determination of Ministerial or Discretionary Categorical Exemptions Class 1: Existing Facilities Class 2: Replacement or Reconstruction SECTION 4 a. b. 8 8 8 8 8 9 9 9 10 10 10 11 11 11 11 13 13. 13 14 14 14 15 16 18 058 058 059 060 060 061 061 062 063 063 064 064 065 066 066 06? O68 069 069 070 070 071 071 072 072 0?3 074 0?4 075 076 0?7 0?7 078 078 0?9 , 079 080 080 081 081 082 082 O83 084 084 0SS O86 087 O87 SECTION 4 ao Class 3: New Construction of Small Structures 19 Class 4: Minor Alterations to Land 19 Class 5: Alterations in Land Use Limitations 21 Class 6: Information Collection 21 Class 7: Regulatory Actions for Protection of Natural Resources 21 Class 8: Actions by RegulatOry Agencies for Protection of the Environment 22 Class 9: Inspections 22 Class 10: Loans Class il= Accessor~ Structures 23 23 Class 12: Surplus Governmental Property Sales 23 Class 13: Acquisitions of Lands for Wildlife Conservation Purposes 24 Class 14: Minor Additions to Schools 24 Exception by Location 25 Environmental Assessment Form (ENAF) 25 Negative Declaration 26 1. Contents of Negative Declaration 27 2. Public Availability of Negative Declaration 27 Submission of Negative Declaration to the Local Agency 27 4. Filing of Notice of Determination 29 088 088 O89 O89 090 09O 091 091 092 092 093 093 094 095 095 096 096 097 097 O98 098. 099 100 101 101 102 102 103 103 104 104 105 105 106 107 107 108 108 109 110 110 11i 112 113 113 114 115 115 116 SECTION 5 a. b. d. eo fe g. h. i. Decision to Prepare an EIR Project by Private Party · Contents of Draft EIR Notice of Completion Public Review · Evaluation.by Environmental Impact Evaluator Preparation of Final EIR Certification of Final EIR Final Notice of Determination Use of Final EIR by City ~f Santa Aha After Lead Agency Con- sideration j. Additional Notices ARTICLE IV - CONTENTS OF ENVIRONMENTAL IMPACT REPORTS Ce SECTION 1 SECTION 2 SECTION 3 SECTION 4 General Description of Project ' Description of Environmental Setting Environmental Impact The Environmental Impact of the Proposed Action. Any Adverse Environmental Effects Which Cannot Be Avoided. if the Proposal is Implemented Mitigation Measures Proposed to Minimize the Impact Alternatives to the Proposed Action 30, 30 31 31 32 33 34 34 34 35 35 36 36 36. 36 37 38 38 39 117 117 118 119 120 121 122 122 123 124 125 126 126 127 128 128 129 130 130 131 131 132 133 133 134 134 135 135 136 137 137 138 139 139 148 140 141 141 142 142 143 143 144 144 145 145 146 146 147 147 e® fe SECTION 5 SECTION 6 SECTION 7 The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should It Be Implemented The Growth-Inducing Impact of the Proposed Action Organizations and Persons Consulted Water Quality Aspects Contents of Final Environmental Impact Report '.. SECTION 8 Degree of Specificity SECTION 9 EIR As Part of General Plan ARTICLE V - APPLICATION OF RULES AND REGULATIONS TO PROJECTS SECTION 1 Project~ Controlled by the Local Agency SECTION 2 Federal Projects SECTION 3 Lead Agency Principle SECTION 4 Subsequent EIR SECTION 5 Use of A Single EIR SECTION 6 Multiple and Phased Projects SECTION 7 'Ongoing Project SECTION 8 Feasibility and Planning Studies ARTICLE VI - EVALUATION OF ENVIRONMENTAL IMPACT REPORTS SECTION 1 Adequate Time for Review andcomment 40 4O 41 41 42 42 43 44 45 47 48 49 49 50 51 54 55 148 148 149 150 150 151 151 152 152 153 153 154 154 155 156 156 157 157 158 158 159 160 160 161 161 162 163 163 164 165 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 a. SECTION 8 SECTION 9 SECTION 10 SECTION 11 Consultation with Other Public Agencies Review by State Agencies Review of Lead Agency EIRs Review of Adverse Effects Failure to Comment Request for Environmental Documents Public Participation Public Hearing Procedure Retention and Availablity of Comments ,,, ·. Fee for Review of EIRs Review of Decision of Planning Commission by City Council Appeal of Decision of planning Commission by City Council; Hearing 56 56 59 59 59 60 60 60 61 62 62 001 OO2 OO3 OO4 OO5 OO6 OO6 OO6 O06 OO7 0O7 OO7 OO8 O09 010 011 012 013 016 017 018 019 O2O 021 022 023 O24 O25 SECTION 1. SECTION 2. · RULES AND .REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (AS AMENDED MARCH, 1975) 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 Environmen~l~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 SS 21000 --~q4 et seq.) ~4-e~-ehe-8~ae~es-e~-~q~-~AB-~ and the Guide- lines for Implementation of .the California EnViron- mental Quality Act as adopted and as amended from time to time by the Secretary of the California State-Resources Agency. These rules and regulations 026 027 O28 O29 O3O 031 032 O33 O34 O35 O36 037 O38 O39 040 O4]. 042 O43 O44 O45 O46 0~7 0'48 SECTION 3. pro,ide for the orderly evaluation of projects and the preparation of Environmental documents. Information Document. An Environmental Impact Report is an information document which, when fully prepared in accordance With the California Environmental Quality Act, hereinafter referred to as CEQA, and the Guidelines for Implementation ~f the California Enviornmental Quality Act of 1970 propounded by the Secretary of the California Resources Agency, will inform,?ub~ic decision- makers and the general public of' the environmental effects of project~ proposgd to be carried out or approved by. the City of Santa Ana. This environ- mental impact process is intended'to enable the City of Santa Ana to evaluate a project to determine whether it may have a significant effect on the environment, examine and institute methods of re- ducing adverse impacts,'and consider alternatives to the project as proposed. This procedure must be carried out prior to the approval or disapproval of any project proposed to ~e City of Santa Aha. An Envikonmental Impact Report may .not be used as an instrument to rationalize approval of a project, -2- 049 050 051 O52 053 O54 O55 056 O57 O58 059 O60 061 062 063 064 065 066 067 O68 069 070 071 SECTION 4. SECTION 1. SECTION 2. nor do indications of adverse impact, as enunciated in an Environmental Impact Report require that a project be disapproved. While CEQA requires that major con- sideration be given to preventing environmental damage, the City of Santa Ana has the obligation to balance other public objectives, including economic and social factors in determining whether and how a project should be approved.. Economic information may be required in an EIR. Scope. The scope of these Guidelines is not in- tended to be comprehensive or'.~Q cover any and 'all circumstances.that may arise in the Environ~ mental Impact Report procedure, but are intended to act as a guide to the Santa Aha City Council, its various Boards, Commissions, and Departments in the approval of 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 thi~ Article. Applicant. Applicant means a person who proposes to carry out a project which needs a lease, permit, -3- 072 073 074 075 076 077 078 079 080 081 082 083 084 085 086 087 O88 089· O90 091 092 093 O94 SECTION 3. SECTION 4. license, certificate, or other entitlement to use or financial assistance from one or more public agencies when that person applies for the govern- mental approval or assistance. Approval means the decision by the Santa Ana 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 Aha City Council, according to its rules, regulations, and ordinances, Legislative action in regard to a project constitutes approval. In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the City of a discre- tionary contract, grant, subsidy, loan or other form of financial assistance, lease, perm. it, license, certificate, or other entitlement for use of the project. CEQA -California Environmental Quality Act. CEQA means the Environmental Quality Act of the State -4- 095 096 097 098 099 100 101 102 103 104 105 106 108 109 110 1il 112 113 114 115 116 117 SECTION 5. SECTION 6. SECT'iON 7. 'of California and in particular, California Public Resources Code §§ 21000 --~q4 et seq. Categorical Exemption. Categorical exemption means an exception from the requirements of the CEQA based on a finding by the Environmental Impact Evaluator or the Environmental Review Commit- tee of the City of Santa Ana, that the project comes within those classes of projects determined by the Secretary of the California State Resources Agency, as not having a significant effect on the environ- ment, which classes of proje6ts are set forth in Article III, §4 herein. Discretionary Project. ~iscretionary 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 determine whether there has been conformity with applicable statutes, ordinances, or regu- lations. Emergency. Emergency me~ns a sudden 'unexpected occurrence demanding immediate action to prevent -5- 118 or mitigate loss or damage to life, health, property, 119 or essential public services. 120 SECTION 8. Environment. Environment means the physical condi- 121 tions which exist within the area which will be 122 affected by a proposed project including land, air, 123 'water,. minerals, flora, fauna, ambient noise, objects 124 of historic or aesthetic ,significance. 125 SECTION 9~ Environmental Assessment Form (ENAF). Environmental 126 assessment form, when completed, is a written des- 127 cription of a project which is sufficiently detailed 128 to enable the Environmental Impact Evaluator to deter- 129' mine if the project may have a significant effect 130 on the environment. 131 SECTION 10. Environmental Documents. Environmental documents 132 means Draft and Final EIRs, Initial Studies, Negative 133 Declarations, Notices of Completion, and Notices 134 of Determination. 135 SECTION 11. Environmental Impact Evaluator shall be the Direc- 136 tot of Planning of the City of Santa Ana or someone 137 designated by him, who in his capacity as Environ- 138 mental Impact EValuator shall determine whether 139 projects to be approved or carried out by the City 140 of Santa Aha may have a significant effect on the 141 environment. -6- 142 143 144 145 146 147 148 149 150 151 152 '153 154 155 156 157 158 159 SECTION 12. 160 161 162 163 164 EIR - Environmental Impact Report. Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and consi- derations pertaining to a project as specified in S21100 of the California Environmental Quality ActT~ and may mean either a draft or a final EIR. a. Draft EIR means an EIR containing the information as specified in these rules and regulations, as set out in Article IV, Sections 2, 3, and 4. Where a Lead A~cy consults with Responsible Agencies-in the preparation of a draft EIR, the draft EIR'shall also contain the infor~'ation specified in Article IV, Section 5. b. Final EIR (FEIR) means an EIR containing the information contained in the draft EIR, es e~-ehese-~es-a~-~e~at~e~s? a section for comments either verbatim or in summary receiVed in the review ee~s~eee~en process, a list of persons com~nentin~, and the response of the Santa Aha Plan- ning'Commission or Santa Aha City Council to the comments received. -7- 165 166 167 168 169 170 171 172 173 174 175. · 176 177 178 179 180 181 182' 183 184 185 lS6. 187 SECTION 13. SECTION 14. SECTION 15. SECTION 16. SECTION 17. EIS - Environmental Impact Statement. Environmental Impact Statement (EIS) means an environmental impact document ~epe~e prepared pursuant to the National Environmental Policy Act (NEPA). The Federal Government uses the term EIS in the place of the term EIR which is used in CEQA. Environmental Review Action Committee (ENRAC) means a committee consisting of representatives from the Planning Department, the Departmen~ of Public Works, the Department of Parks and Recreation~ the Fire Depart- ment, and any other Department of the City of Santa Aha, designated by the Environmehtal Impact Evaluator to act in an advisory capacity to the Environmental Impact Evaluator. Feasible. Feasible means capable of being accom- plished in a successful manner by reasonably avail- able, economic, and workable means. Initial Study. Initial Study means a preliminary analysis prepared by the Environmental Impact'Eval- uator pursuant to these rules and regulations. Jurisdiction by Law (a) Jurisdiction by law means the authority of any governmental agenc~ to (1) grant a permit for or provide funding for the project in question, or (2) -8- 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 2O5 206 207 208 209 211 212 SECTION 18. SECTION 19. SECTION 20. to exercise authority over resources which may be affected by the project. (b) A city or county will have jurisdiction by,law with respect to a prqject when the city or county is the site of the project~ the area in which the major environmental effects will occur~ and/or the area in which reside those citizens most directly concerned by any such environmental effectsl (c) Where an agency havin~ jurisdiction by law must exercise discretionary authority over a project in order for the proj~'t.'~o proceed, it is also a Responsible A~ency. Lead Agency. Lead Agency means the public entity which has the principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environment where more %han one public entity is involved with the same underlying 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 -9- 213 214 215 216 217 218 :219 220 221 222 · 223 224 · 225 226 227 228 229' 230 231 232 233 234 235 SECTION 21. SECTION 22. SECTION 23. employees makes '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 prapriety 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 or its employees. Negative Declaration. Negative Declaration means a statement by the Environmental'Impact Evaluator which briefly presents the reasons that the project, although not otherw'~se exempt, would not have a significant effect on the environment, and, therefore, does not require an EIR. Notice of Completion. Notice of COmpletion means a brief notice ~e~e~ filed with the Secretary for Resources by as-seen-as a'publ~ agency as soon as it has completed a draft EIR and is prepared to send out copies for review. Notice of Determination. Notice of' Determination means a brief notice to be filed by the City of Santa Aha after w~e~ it approves or determines to carry out -10- 236 237 238 239 240 241 242 243 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 SECTION 24. SECTION 25. SECTION 26. SECTION 27a a project which is subject to the requirements of CEQA. Notice of Exemption. Notice of Exemption means a brief not%ce .w.hich may be filed by the City of Santa Aha when it has approved or determined to carry out a project, and it has determined that it is ministeria!.~ categorically exempt, or an emergency project. Such a notice may also be filed_by the City of santa Aqa where such a determination has been made by another Lead Agency, which must approve' the project. Person. Person includes any person, firm, associa- tion, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the State, and any of the agen- cies' political subdivisions of such entities. Planning Department. Planning Department shall mean the Planning Department of the City of Santa Ana unless otherwise indicated. Project means the whole of action, which has a ~otential for ~es~e~-~ 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 -11- 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 282 283 284 Works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordin- ances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100 - 65700. (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 assistance from one or more local ~ agencies. "'.' -' (3) an activity involving the issuance to a person of a lease, permit,' license, certi'ficate, or other entitlement for use by one or more local agencies. (b) Project does not include: (1) Anything ~pecifically exempted by state law; (2) Continuing administrative or maintenance activities, such as purchases for sup- plies~ personnel-related actions, emer- gency repakrs to public service facilities general policy and procedure making (ex- ' cept as they are applied to specificin- stances covered above), feasibility or planning studies. -12- 286 287 288 289 290 291 292 293 294 295 296 297 ' 298 299 300 302 303 304 3O5 3O6 307 308 SECTION 28. (c)' (3) The submittal of proposals to a vote of the people of the City of Santa Ana. The term "project" refers to the underlying the governmental approval activity and not to process. Public Agency. Public agency means the Santa Ana Planning Director acting as the Environmental Impact Evaluator or someone designated by him to act as the Environmental Impact Evaluator acting on behalf of the City of Santa Aha. SECTION 29. Significant Effect. substantial adverse Significant.effect means a impact on the environment. ARTICLE III - EVALUATING PROJECTS SECTION 1.. General Rule. The requirements set forth in these Rules and Regulations apply to projects which may have a significant effect on the environment and which in- volve discretionary local agency action. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not covered by the requirements set forth in CEQA, the Guidelines for Implementation of CEQA, and these Rules and Regula- tions qoncernin~ the evaluation of projects and the 309 310 311 312 313 314 315 316 317 318 319 320 . 321 322 323 324 325 · 326 327 328 329 330 331 332 SECTION 2. SECTION 3. ~reparation and review of environmental documents do not apply. Determination of "Project''. The Environmental Impact Evaluator shall determine first, whether any given proposal constitutes a "project" as defined in these rules and regulations. (a) Emergency Pro~ect Exception: The following emer- gency projects are exempt from the requirements for environmental impact reports: (1) Projects undertaken, carried out, or approved by the Cit~.~f"Santa Ana to main- tain, 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 pursuant to Chapter 7 (commencing with SeCtion .8550) of Division 1, Title'2 of the Government Code. (2) Emergency repairs to public service facilities necessary to maintain service. (3) Projects undertaken as immediate action .necessary to prevent or mitigate an emergency. Determination of Ministerial or Discretionary. The Environmental Impact Evaluator shall determine whether -14- 333 334 335 336 337 338 339 340 341 342 166 167 168 169 !70 171 172 173 174 175 176 177 178 179 180 SECTION 3a. or not the project requires "ministerial" or "discre- tionary'' action by the City of Santa Ana. If only ministerial action is required, no environmental assessment for nor Environmental Impact Report shall be required for the project. a. For the purposes of these rules and regulations, the issuance of building permits, business licenses, the approval of final subdiVision maps, or individual utility service connections and disconnections, are "ministerial" acts. . Notice of Exemption. " a. When the e~vironmental impact evaluator determines that a project is exempt from the requirements of CEQA because it is an emergency project, a' ministerial proT ~ect, or categorically exempt, and if the Local Agency approves or determines to carry out the pro~ect, the environmental impact evaluator may file a Notice of Exemption. Such a Notice shall include: (1) a brief description of the project, (2) a finding that the pro- ~ect is exempt, including a citation to the section of these Rules and Regulations under which it is found to be exempt, and (3) a brief statement of reasons to.. support the finding. b. Whenever the local agency approves an applicant's project, the applicant may file a Notice -15- 182 183 184 185 186 187 188 189 190 343 344 345 346 347 348 349 35O 351 352 353 354 356 35'7 358 SECTION 4. of Exemption. The Notice of ExemptiOn filed by an applicant shall contain the information required in subdivision (a) above, together with a certified document issued by the public agency stating that it has found the project to be exempt. This may be a certified copy of an existing document or a record of the City of Santa Ana. c. The Notice of Exemption shall be filed with the County Clerk of Orange County. Copies of all .such notices will be available for public inspection. Categorical Exemptions. If t~e ~nvironmentalImpact Evaluator finds th. at a specific proposal is a "dis- cretionary project" then 6e shall make a determination as to whether or not the project is exempt from the requirement fOr the preparation of environmental documents ~-a~-~o~me~-~m~e~-Re~ by using the following list of categorical exemptions which have been found by the Secretary. of the Re- sources Agency not to have a significant effect on the environment. Note: Section 15100.1 of the Guidelines of the Secretary of.the State Resources Agency provides tha~ the inclusion of activities which may be mini- sterial within the classes and examples of categorical exemption contained in this section shall not be con- strued as a finding by the Secretary of the State Re- sources A~ency nor by the city of Santa Ana, that such -15a- 359 360 361 362 363 364 365 366 367 368 369 3?O 371 3?2 373 374 375 3?6 377 378 379 38O 381 382 383 an activity is discretionary. (a) Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintanance or minor alterations of existing public or private struc- tures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond t~at previously existing, including but not limited to: (1) Interior or exterioralterations involving such things as interior partitions, plumb- ing, and eiectrical'~onVeyances; (2) Existing facilities of both investor, and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (3) Existing highways and streetsL ~w~eh~ a~e~y-es~ab~she~-~§h~s-e~-way~ side- walks, guttersl bicycle and pedestrian trails, and similar facilities; (4) Restoration, or rehabilitation of deterio- rated or damaged 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 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 4OO 401 402 403 404 4O5 406 (s) (6) (7) (8) (9) hazard such as earthquake landslide or flood; 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 2500 square feet, whichever is less; Addition of safety or health protection de- vices for use during Construction of or in conjunction with existing structures, facilities ' or mechanical equipment, or topo- graphical features,' including navigational devices; New copy on existing on and off-premise signs; Maintenance of existing iandscaping, native growth and water supply reservoirs (excluding' the use of economic poisons~ as defined in Division 7, Chapter 2, California Agricul- tural Code); Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices,.streamflows~ springs and waterholes,' and stream channels (clearing -17- 407 408 · 409 410 411 412 413 ' 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 (b) 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; and Demolition and removal of' buildings and related structures except where they are of historical, archaeological or architec- tural significance as officially designated by Federal, State ob.'.local governmental action. Class 2: Replacement or Reconstruction Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (1) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent. ~ (2) Replacement of a commercial structure with a new structure of substantially the same size and purpose. (12) 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 ' 449 450 451 452 453 454 455 456 (c) (d) Class 3. New Construction of Small Structures Class 3 consists of construction and location of single, new small facilities or structures and installation of small 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 st~.~ctures. (3) Stores, offices, and restaurants if dgsigned 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 -19- 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 48O 481 vegetation, which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (1) Grading on land with a slope of less than 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 officially mapped areas of severe geo- logical hazard. ~,,'.,~ (2) New gardeningor lana~caping. (3) Filling of earth into previously excavated land with material compatible with the natu- ral features of the Site. (4) Minor alterations in land,'water and vege- tation on existing officially designated wildlife management areas of fish produc- tion facilities which result in improvement of habitat for fish and wildlife 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 Christ- mas trees, etc. -20- 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 5OO 001 OO2 OO3 OO4 OO5 (e) (f) (g) · (6) Minor trenching and backfilling where the surface is restored. 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 adjustment~, side yard and set back variances not resulting in the creation of any new parcel or in any change in land use or density; (2) Issuance of minor ehdroachment permits. Class 6:. Information Collection Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major 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 entity has not yet approved, Class 7: ClaSs 7 agencies, adopted or funded. Re~ulator~ Actions for Protection of Natural' Resources consists of actions taken by regulatory as authorized by state law, or local -21- 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023 024 025 026 027 028 029 (h) (i) ordinance, to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not' limited to-wildlife preservation acti- vities of the State Department of Fish and Game. Construction activities are not included in this exemption. Class 8: Actions by Regulatory Agencies for Protection of the Environment Class 8 consists of the actions taken by regulatory agencies, as authorized by state law or lo6al or- dinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulator~ process involves procedures for protection of the environment.. Construction acti- vities are not'included in this' exemption. Class 9: Inspections Class 9 consists of activities limited entirely to inspection, to cheCk for performance of an operation, or q~alitY, health or safety of a · project, including'related activities SUch as i~spection for possible mislabeling, misrepre- sentation or adulteration of products. -22- 030 031 032 033 034 035 036 037 038 039 040 041 042 043 044 045 0~6 047 O48 049 · 050 051 O52 053 054 (j) (k) (1) Class 10: Loans Class 10 consists of loans made by the Depart- ment of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchases of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial insti- tutions. Class 10 includes but is not limited to the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage dompanies by the Public Employees Retirement System and by the State Teachers Retirement System. Class 1'1: Accessory Structures Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institu- tional facilities, including but not limited to: (1) On-premise signs (2) Small parking lots ~ Class 12: Surplus Governmental Property Sales Class 12 consists of sales of surplus government ~23- 055 056 057 058 059 .060 061 062 .063 064 065' 066 067 O68 069 O7O 071 072 073 074 075 .076 077 O78 (m) (n) 'property except for parcels of land located'in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code S 6,5401 et seq. e~ 8~e-~?-~9~. Class 13: Acquisition of Lands for Wildlife Conservation Purposes .Class 13 consists of the acquisition of land for fish and wildlife conservation purposes, includin~ preservation of'fish and wildlife habitat, establishin~ ecological reserves under Fish and Game Code S1580, and preservin~ access to public lands and waters where the Purpose of the acquisition is to preserve the land in its natural condition. Class 14: Minor Additions to Schools Class 14 consists of minor additions to existing schools within existin~ school ~rounds where the addition does not increase the original student capacity by more than twenty-five percent or five classrooms, whichever is less. The addition of portable classrooms is included in this..exemp- tion. -24- 079 080 08i 082 083 084 085 086 087 088 '089 090 091 092 093 094 ':095 ~' 096 097 098 099 100 101 102 SECTION (O) Exception by Location Class 3, 4, 5, 6, and 11 are qualified by con- siderations of where the project is to be located -- a project that is ordinarily insignifi- cant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental resource, or hazardous or critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law by Federal, State, or local agencies. 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. Environmental Assessment Form (ENAF). If the Environmental Impact Evaluator finds that a specific proposal is a discretionary project, .the Environmental Impact Evaluator shall then require Of the person making the specific proposal to submit to the Santa Ana Planning Department, an Environmental Assessment -25- 103 10~ 105 108 107 108 109 llO 111 113 11~ · 115 116 117 11~ 119 120 ' 121 122 123 124 125 3.26 Form -(ENAF) on a form supplied by the Santa Ana Planning Department. After the ENAF is filed with the Planning Department, the Environmental Impact Evaluator shall make a determination whether or not there is a possibility that the project may have a significant effect on the environment. (a) Negative Declaration The Environmental Impact Evaluator shall prepare a negative declaration for a project which could potentially have a significant effect on the envlronment~..but which the Environmental Impact Evaluator finds on the basis of anInitial Study will not have a significant effect on the environment. This determination can be made independently by the Environmental Impact Evaluator or .in conjunction with the Environmental Review Action Committee (ENRAC). The Environmental 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 project may possibly have a significant effect on the environment. Before .completing a Negative -26- 127 128 129 130 131 132 133 134 135 136 · 137 138 139 140 141 142 143 . '-' 144 145 146 147 148 149 150 151 Declaration, the Environmental Impact Evaluator shall consult with all Responsible Agencies pursuant to Article VI, Section 2 of these Rules and Regulations. (1) (2) (3) 'Contents of Negative Declaration. A Negative.Declaration must inelude a brief description of the project as pro- posed, a finding that the project will not have a significant effect on the environment, a brief statement of reasons to support the findings, and a statement indicating who prepared the initial study and where a copy of it may be obtained. The Negative Declaration should normally not exceed one page in length. Public Availability of Negative Declaration, The Negative Declaration shall be made available to the public with sufficient time before the project is approved to provide an opportunity for members of the public to respond to the finding. Submission of Negative Declaration to the Local Agency. The EnvironmentalImpact Evaluator .shall then submit the Negative Declaration to the local agency at the time -27- it is called upon to approve or disapprove the project. The Local Agenc~ shall consider the Negative Declaration prior to considerinq the project. The Local Agenc~ shall then request any comments from members of the public Qn the Negative Declaration prior to considerin~ the project. The members of the Local A~ency may make a motion to approve, receive and file the. Negative Declaration. The findings of the Environmental Impact Evaluation in the Negative Declaration~shall be final unless the local agency wishes to review these findings, make a contrary findings,_ and order the preparation of a draft EIR. If the motion of the Local A~ency is to order that a draft Environmental Impact Report be prepared, the A~ency may not proceed .to approve the project, but must wait until the final En- vironmental Impact Report is approved and certified prior to approving the project. The public hearing on the pro~ect should, therefore, 'be continued to a date certain without bein~ opened, and be continued thereafter from time to time u.ntil the EIR is first approved and -28- (4) certified prior to. approving the project. The public hearing on the pro~ect should, therefore, be continued to a date certain without being opened~ and be continued thereafter from time to time until the EIR is first approved and certified. Continuances of tentative map consideration by the local agenc~ shall be first consented to in writing by the applicant. Filing of Notice of Determination. After the local agency has,...approved or disapproved the project; the EnvirOnmental Impact Evaluator shall file a Notice of Determination with the Orange County Clerk along with a copy of the Negative Declaration. The Notice of Determination shall include the decision of. the local agency to approve or disapprove .the project, the determination of the Local agency whether the project may possibly have a significant effect on the environment, and whether an EIR has been prepared pursuant to the provisions of the CEQA. If the project requires discretionary approval from a state Agency, the Notice of Determination also shall be filed With the Secrgtary of the State Re- sources Agency. -29- 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217. 218 219 22O SECTION 5. Decision to Prepare an EIR. If the Environmental Impact Evaluator finds, after the initial study, that a discretionary project may have a significant effect on the environment, then the Environmental Impact Evaluator may prepare or cause to be prepared a Draft Environ- mental Impact Report (DEIR). (a) Project by Private Part~. If'the project is to be carried out by a non-governmental person, the Environmental Impact Evaluator may require such person to submit data and information necessary to enable the local agenqy .to prepare the EIR. This information may be transmitted in the form of a draft EIR, but the Environmental Impact Evaluator must examine this draft and the informa- tion contained within it ~o 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 Environmental Review Action Committee. The DEIR which is sent out for public review must reflect the independent judgment of the Environmental Impact Evaluator. The EIR in its final form must re- flect the independent judgment of the local agency. 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242' 243 (b) (c) Contents of Draft EIR. The contents of the DEIR shall consist of th~ information specified in Article IV, Sections 2, 3, and 4. Before completing a DEIR, the Environmental Impact Eval- uator shall consult with all governmental agencies pursuant to Article VI, Section 2 of these Rules and Regulations. in addition, the Environmental Impact Evaluator should also consult directly with any person or organization which he believes will be concerned with the Environ- mental effects of the pro~ct~ a-BB~R?-ehe-Eny~emmemee~-~mpeee-~e~eeee-m~ee eeas~e-w~eh-em~-e~ee~½-~he-eemmem~e?-e~-em~ ~t~b~e-egene~-wh~eh-hee-9~ed~ee~em-~y-~ew-w~eh eeepeee-ee-ehe-peegeee-eaa-mey-eeae~e-w~eh-eay peesea-whe-hes-s~ee~a&-e~peee~ee-w~eh-~espeee-ee amy-em~eeameaea~-~mpaee-~m~e~ve~-e~peee~e~y ~e~aeS. The Environmental Impact Evaluator shall evaluate co~ents received from persons who reviewed the DEIR~ Notice of Completion.'' As soon as ~he draft EIR is ~ompleted, a Notice of completion B~-~e6e~e 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 · 260 261 262 263 264 265 266 267 (d). eep~es-a~e-seee-e~e-6e~-~ew~ew?-em-e~e~e~ mee~ee-s~e~m~-~hee-~he-~e~e-~R-hae-~ee~-eem~e~e~ must be filed with the Secretary of the ResOurces Agency. The Notice shall include a brief descrip- tion of the project, its proposed location, a~ a__n address where copies of the EIR are available~ and the period during which comments will be received. ~h~s-~ee~ee-sha~-~e-~e~e~e~-~e-ee-a Net~ee-e~-eemp~ee~e~. The form for this Notice shall be supplied by the Santa Ana Planning.Depart- ment, Where the EIR is r~uired to be reviewed, through the State review process handled by the State Clearing House, the cover form reguired by the State Clearing House a-Nee~ee-e~-~e~ He~se?--A-Nee~ee-e~-~meeme will serve as the Notice of Completion, and no Notice of Completion need be sent to the ResourCes Agency. ~he-~e~m Public Review. After completin~ a draft EIR, the Environmental Impact Evaluator shall consult with and obtain comments from public a~encies having ~urisdiction by law with respect to the project -32- 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 282 283 284 285 286 287 288 289 290 291 292 (e) and should consult with persons having special expertise with respect to any environmental impact involved. Opportunity for comments from the general public should be provided. (1) The Environmental Impact Evaluator should use existing state~ regional or local Clearing Houses to distributed EIRs and other environmental documents to appro- priate agencies. (2) To make copies of EIRs available to the public, the Environmental Impact Evaluator should furnish copies 6f the draft EIRs to appropriate public library systems. (3) The Environmental Impact Evaluator should compile listings of other agencies, particu- larly'local agencies, which have jurisdiction b~ law and/or special expertise with respect to various projects and project locations. Such listings should be a guide in determin- ing which agencies should be consulted with regard to a particular project. Evaluation by Environmental Impact Evaluator. The Environmental Impact Evaluator shall evaluate comments received from persons who reviewed the draft EIR. -33. 293 294 .295 296 297 298 299 30O 301 302 303 304 . 3O5 306 307 3O8 ': 309 . '~ 310 311 312 313 314 315 316 317 (f) 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 these Rules and Regula- tions. (g) Certification of Final EIR. Peeeemeee&em-eE P~e~-B~R-~e-~eee~-A~e~ey. The final EIR shall be presented to the local agency making the decision for approval or disapproval of a pro- ject. The local agency shall adopt the final EIR and certify that the final EIR has been com- pleted in compliance wi~h the CEQA and these rules and regulations, and that the decision- making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the EIR. (h). 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 disapprove the project, (2) the determination.of the agency, whether the project will or will not 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 (i) have a significant effect on the environment, 'and (3) a statement tha~ 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. If the pro~ect requires discretionary approval from a state agency, the Notice shall also be filed with the Secretary of the State Resources Agency. Use of Final EIR by City of Santa Ana After Lead Agency Consideration. The City of Santa Aha shall consider a fin~l'~E~R by Lead Agency. before acting.upon or approvin~ a pro~ect. Additional Notices. ~he Environmental Impact 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. -35- 339 340 34i 341 342 349 344 345 346 347 348 349 35O 351 352 353 · .354 ~ 355 356 357 358 359 360 361 ARTICLE IV CONTENTS OF ENVIRONMENTAL SECTION 1. SECTION 2. SECTION 3. IMPACT REPORTS General. Environmental Impact Reports shall contain the information outlined in this article. Description of Pro~ct. The description of the pro- ject shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (a) The precise location and boundaries of the. proposed project shall be ~ho~n on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposedproject. (c) A general description of the project's technical, economic, and environmental characteristics, con- sidering the principal engineering proposals and supporting public service facilities. Description of Environmental Setting.. An EIR must in- clude a description of the environment in the vicinity of the project· as it exists before commencement of the project, from both a local and regional perspective. -36- 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 · 378 ~' 379 38O 381 382 383 384 385 SECTION 4. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique 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 possibl~ cumulative impact of such projects. Environmental Impact. All phases of a project must be considered when evaluating its impact on the environ- ment: planning, acquisition, ~velopment and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. If they are not discussed separately, the EIR shall include a table showing where each of the subjects is discussed. (a). The Environmental Impact of the Proposed Action. Describe the direct and indirect impacts of the project on the environment, giving due considera- tion to both the short-term and the long-term effects. It should include specifics of the area, the resources involved, physical changes, altera- · tions to ecological systems and changes induced in population distribution, population concentra- tion, the human use of the land (including -37- 386 387 388 389 .390 391 392 393 394 395 396 397 398 399 4O0 401 . 402 403 404 405 406 407 408 409 (b) (c) commercial and residential development) and other aspects of the resource base such as water, scenic quality and public service. Any Adverse Environmental Effects Which Cannot Be Avoided if the Proposal is Implemented. Describe any adverse impacts, including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be'alleviated without imposing an alternative design, their impli- cations and the reasons why the project is being. · proposed, notwithstanding their effect, should be described. Describe ~-m~-me~eee impacts on any aesthetically valuable surroundings, or on human health. Mitigation Measures Proposed to Minimize the Impact. Describe avoidable adverse impacts, including inefficient and unnecessary consumption of energy and the measures proposed to minimize these impacts. This discussion shall include an identification of the acceptable levels to which such impacts will be reduced, and the basis upon which such levels were identified. Wherealternative mea- sures are available to mitigate an impact, each should be discussed and the basis' for selecting -38- 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 (d) one alternative should be identified. Energy conservation measures, as well as other appropriate mitigation measures shall be discussed. Beech,be a~y-m~gat~e~-measu~es-w~e~-~n~e-~he-p~e~ee~ ~mpae%s-~a-~s~m~ea~%-~e~e~sThamd-ehe-Bas~ ~e~-eens~dem~-~hese-~e~e~s-aeeep%ab~e~--Whe~e a-pa~e~e~a~-m~a%~em-meas~e-has-bee~-ehese~ made. ~,,'. .. Alternatives to the Propose~ Action. Describe reasonable a~-kmew~ alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, a~d 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. Describe Be-pa&d-aa alternatives capable of substantially reducing or eliminating any environmentally ad- verse impacts, even if these alternatives sub- stantially impede the attainment of the project objectives, and are more costly. -39- 434 435 436 437 438 439 .440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 (e) (f) The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Lon~-TermProductivity. 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 bene- ficial 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 option for further alternatives, should be explained. Any Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented. Uses of non-renewable resources 'during the initial and continued phases of the project may be irreversible since a large commit- ment of such resources makes removal or non-use thereafter unlikely. P~imary impacts and, parti- cularly, secondary impacts (such as a highway improvement which provides access to a non-accessible area) generally commit future generations to similar uses. Also irreversible damage can result -40- 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 48O 481 482 SECTION 5. · from environmental accidents associated with the project. Irretreivable co~itments of re- sources should be evaluated to assure that such current consumption is justified. (g) The Growth-Inducin~ Impact of the Proposed Action. Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environ- ment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water..~reatment plant might, for exampie, allow for more construction in service areas). Increases in the population may further tax existing community service facilities so con- sideration must be given t6 this impact. Also dis- cuss the characteristic of som~ projects which may encourage and facilitate other activities that could significantly affect the environment, either indivi- dually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. Organizations and Persons ConsUlted.. The identity of all federal, state or local agencies, other organiza- tions and private individuals consulted in preparing -41- 483 484 485 486 48? 488 489 · 490 491 492 493 494 495 496 497 498 499 500 001 O02 0O3 OO4 OO5 OO6 SECTION 6. SECTION 7. the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other author- ization must be given. Water Quality Aspects. Describe in the environmental setting section, and other sections where applicable~ W~h-~espee~-~e water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards?~ ~e~e~emee-~-~he-ee~ea~-ehe~-~e ~".. Contents of Final Environmental Impact Report. (a) The Final EIR shall consist of: the e~a~ae~s a~-pe~se~s ~ems~ee~ ~m~e~ ehe-~espenee-e~-~he-Beea~A~eney-ee-~he-s~§~eame s~eae~em-peeeess. (1) The draft EIR or a revision of the draft; (2) comments and recommendations received on the -42- O07 OO8 009 010 011 .012 013 014 015 016 017 018 019 O2O 021 022 023 024 O25 026 O27 O28 O29 SECTION 8. draft EIR, either verbatim or in summary; (3) a list of ~ersons, organizations, and ~ublic a~encies commenting on the draft EIR; (4) the responses of the Local Agency to the significant environmental ~oints raised in the review and consultation ~rocesst (b) The response of the Local Agency to comments received may take the form of a revison of the draft EIR or may be an attachment to the Draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g., revisions ko the proposed project to mitigate anticipated impacts or objections). In particular the major issues raised when the Local Agency's position is at .variance with recommendations and objections raised in the comments .must be addressed in detail giving reasons why spe6ific comments and suggestions were not accepted, and factors of overriding importance warranting an override of the suggestions. De~ree of S~ecificit~. The degree of specificity required' in an EIR will correspond to the degree of specificity involved in the underlying activity which is described -43- 030 031 032 033 034 035 036 037 038 039 040 041 042 043 044 045 046 O47 O48 049 O5O 051 O52 053 O54 SECTION in the EIR. (a) An EIR on a construction project will necessarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the construction can be predicted with greater accuracy. (b) An EIR on projects such as the adoption or a~end- ment of a comprehensive zoning Ordinance or a local general plan should focus on the secondary effects that can be expec~d~to follow from the adoption, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow EIR As Part of General Plan. The requirements for an EIR 'on a local general plan~ e~ element or amendment thereof will be satisfied by the general plan or element document, and ~=eT7 no separate EIR will be required, if: (1) the general plan addresses all the points required to be in an EIR by Article.IV of these Rules and ~gulations; and (2) the document contains a spe- cial section or a cover sheet identifying where the general plan document addresses each of the points required. -44- 055 056 O57 058 058 059 060 061 062 O63 064 065 O66 067 068 069 070 071 0?2 0?3 0?4 075 0?6 SECTION 1. ARTICLE V APPLICATION OF RULES AND REGULATIONS TO PROJECTS Projects Controlled b~ the Looal Agency. (a) When the local agency plans to'carry out or approve a project which may have a significant effect on the environment, the local agency shall prepare environmental documents through its own efforts or by contract unless the project is otherwise exempted by these Rules and Regulations. (b) Where a project which ma~.'h~ve a significant effect on the environment is to be carried ou~ by a non- governmental person subject to approval, financial support, or some other involvement by the local agency, the local agency will prepare environ- mental documents be its own efforts orby contract. HoWever, the local agency may require the person to supply data and information, both to determine whether the project may have a sig- nificant effect on the environment, and to assist in the preparation of an EIR by the local agency. This information may be submitted in the form -45- O77 078 079 O80 081 082 083 O84 085 O86 O87 O88 O89 O9O 091 092 093 094 O95 096 097 098 099 agency. (c) (d) of a draft EIR, if the local agency desires~ If information is provided in the form of a draft EIR, the p~blic agency may not use the draft EIR as its own without independent evaluation and analysis. The draft EIR which is sent out for public review must reflect the independent judgment of the public The public agency should require an appli- cant to specify to the best of his knowledge'which other public agencies will have jurisdiction by law epp~ev~-~h~ty over the project. The EIR may be prepared ~ ~ separate document, or as a part of a p~oject report. If prepared as a part of the project r~port, it must still contain in one separate and distinguishable section the elements required of an EIR, including the seven elements specified in Article IV, Section 4 of these rules and regulations. All Public and private activities or undertakings 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 b~ the Santa Ana City council. The EIR in connection with'the redevelopment plan -46- 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 11~ 117 11~ 119 120 121 122' 123 SECTION 2. shall be submitted in accordance with Section 33352 of' the Health and Safety Code. (e) Ail of the above is subject to the lead agency principle which provides that not more than one EIR shall be prepared in connection with the same underlying activity and that the EIR shall be prepared by the Lead Agency. Federal Projects. (a) In regard to any proposed Federal pro~ect and the City of Santa Ana which may have a significant effect on the environmen~.,.an~ on which the State officially comments, the State officials responsi- ble for such comments shall include in their comments a discussion of the matters specified in Article IV, Section 4 of these rules and regula- tions. (b) In cases where these rules and rggu!ations require the preparation of an EIR by the local agency, or a lead agency other than the local agency, and an EIS has been or will be prepared for the same pro- ject pursuant to the requirements of the National Environmental Policy Act of 1969 and implementing regulations thereto, all or any part of such stateT ment may be submitted in lieu of all or any part -47- 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 SECTION 3. of an EIR required by these rules and regulations~ ~rovided that the EIS or the part thereof so used.~ shall comply with the requirements of these rules and regulations. In cases where the Federal is used, discussion of mitigation measures and growth inducing impact will have to be added or supplemented if the EIS does not include an ade- quate discussion of these elements. Lead Agency Principle. Where a ~ro~ect is to be carried out or approved by more than one public entity, only one ~ublic entity shall be res~6nsible for preparatioq of environmental documents, and it Will be the Lead Agency. Such environmental documents will be pre~are~ by the Lead Agency in consultation with all other responsible agencies'. The Lead Agency's environmental documents shall be the environmental documentation for all res~onsibl~ agencies. Such responsible agency shall consider the Lead Agency's EIR or Negative Declaration ~rior to acting upon or approving the pro~ects, and they shall certify that their decision-making bodies have reviewed and considered the information contained in them.. The selection of a public agency to be the Lead Agency for a ~articular pro~ect shall be determined bi the EIR Guidelines and any other rules and regulations -48- 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 16.5 166 167 168 169 171 SECTION 4. SECTION 5. propounded by the A~encY as amended from time to time~ Subsequent EIR. Where an EIR has been prepared, additional EIR need by prepared unless: (a) Secretary of the State Resources no 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 a previous EIR on the project; (b) There are substantiai changes with respect to the circumstances under which the project is to be undertaken, such asa change in the proposed locafion of the project, which will require major revisions in the EIR due to the involvement of the new environ- mental impacts not covered in a previous EIR. Use of A single EIR. The Environmen.tal Impact Evaluator may employ a single EIR to describemore than one project, as such projects are essentially the same in terms of environmental impact. Further, the Environmental Impact Evaluator may use an earlier EIR prepared in connection with an earlier project t° apply to a later project, if the Cir- cumstan6es of the projects are essentially the same. -49- 1'72 173 174 17.5 176 177 178 179 180 181 182 183 185 186 187 : 188. 189 190 191 193 194 SECTION 6. The local agency may elect to write EIRs in advance for entire programs or regulations in order to be pre- pared for project applications to come. Whenever~ the local agency 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, an ehe-~e~a~ agency should supplement eme~ the EIR it prepares for a program to apply it to an individual project~ w&eh Multiple and Phased Projects. Where individual projects are, or a phased project is, 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. Where one project is one of several similar projects of the local agency, but is not deemed -50- 195 196 .197 198 199 2O0 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 SECTION 7. 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 combined effect. Ongoing Project: (a) A project defined in Article II, Section 27(a)(1) of these rules and regulations, approved Prior to November 23, 1970, shall require an Environmental Impact Report or a Negative Declaration if the project may have a significant effect on the environment, and either of the following conditions exist: (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 of "no project" or halting the project; (2) A public entity proposes to modify the project in such a way that the project might have a new.significant effect on the environment. (b) A project as defined in Article II, Section 27(a)(3) or in Article II, Section 27(a)(2)' as it relates to contracts where the permit or other 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 entitlement was issued, or the contract prior to April 5, 1973, shall not require or a Negative Declaration, subject to the provisions: (1) (2) (3) approved an EIR following CEQA expressly does not prohibit a public agency from considering environmental factors in connection with the approval or disapproval of a project, or for imposing reasonable fees on the appropriate private person or entity for preparing an Environmental Impact Report. A public agency may require an en- vironmental impact report for projects.covered by this paragrap~ pursuant to local rules and regulations during this interim period. Where the issuance or approval occurred prior to December 5, 1972, and prior to said date the project was legally challenged for non- Compliance with CEQA, the project shall be bound by special rules set forth in Section 21170 of CEQA. Where a Pro~ect involving.the issuance of a lease, permit, '~icense, certificate, or other entitlement to.use has' been granted, a dis- cretionary governmental approval for part of -52- 243 '244 245 246 247 248 249 250 251 252 · 253 254 255 256 257 258 259 260 261 262 263 264 265 (c) the project before April 5, 1973, and requires another or additional discretionary governmental approval after April 5, 1973, the project shall require an EIR or Negative Declaration only if the approval or approvals after April 5, 1973, involve a greater degree of responsibility and or control over the project as a whole. than did the approval or approvals prior to that date. Any draft EIR which has been completed and out for public review e~-em-wh~eh-s~bs~a~a~-we~ hee-beem-pe~e~me~ on or before March 31, 197.~ ~eb~e~y-~?-~4, in compliance With the pro- cedures of the public entity consistent with CEQA and the Guidelines of the Secretary of State Re- sources Agency as adopted in December, 1974, and these rules and regulations, as adopted on February 4, 19~4, A~-~?-~q~, shall be deemed to be in compliance with the Guide- lines of the Secretary of the State Resources Agency, and these rules and regulations. No further EIR shall be required except as provided in subsections (a) and in (b) above. -53- 266 267 268 269 270 271 272 SECTION 8. Feasibility and Planning Studies. A project in- volving only feasibility or planning studies for possible future actions which the local agency has not approved, adopted or funded does not re- quire the preparation of an Environmental Impact Report but does require consideration of environmental factors as required by Section 21102 ~f the CEQA. -54- 273 274 275 275 276 277 278 279 280 281 282 '283 284 285 286 287 288 289 290 291 292 293 294 ARTICLE VI EVALUATION OF ENVIRONMENTAL IMPACT REPORTS SECTION 1. Adequate Time for Review and Comment. (a) Review Procedure Shall be Established by Environmental Impact Evaluator: The Environmental Impact Evaluator Shall set the time periods for submittal and review of EIRs under these rules and regulations, giving consideration to the Local Agency's obligation to obtain comments from governmental agencies having jurisdiction by law with respect to the project and to the policy favoring public' participation. The Environmental Impact Evaluator shall notify the public and others described in Article III, Section 5(b) and (d) of these rules and regulations of the time for re~eipt'of comments on EIRs. (b) The Environmental ImPact Evaluator should provide adequate time for other governmental agencies and members of thd public to review and comment on an EIR that has been prepared. (c) .A review period for ah EIR does not require a halt in.other Planning activities related to a project. -55- 295 296 297 298 299 30O 301 302 303 304 305 306 3O7 3O8 309 310 311 312 313 314 315 316 3!7 318 SECTION 2. Planning should continue in conjunction with 'environmental evaluation. (d) In order to provide sufficient time for public review, review periods for draft EIRs should not be less than thirty {30) days nor longer than ninety (90) days except in unusual situations as determined by the Environmental Impact Evaluator. Consultation with Other Public Agencies. The draft EIR shall contain comments made by governmental agencies which have jurisdiction by law with respect to the project. The Environmental Impact Evaluator and the local agency shall.consult with other persons who have special expertise in envir6nmental matters, pertaining 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 A 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 A from time to time as necessary. Such listings'~hould be a guide in determining which agency should be consulted'with regard to a particular project. 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 When the local agency is involved in a project, it shall consult with all responsible agencies (i.e.~ all other public entities involved in carrying out or approving the project) before completing a draft or Negative Declaration. This early consultation is designed to insure that the EIR or Negative Declaration will reflect the concerns of all responsible agencies which will issue approvals for the project. After completing the draft EIR or Negative Declaration, the local agency shall consult with and seek to obtain com- ~nts from other public entities having jurisdiction by law and should COnsult with persons having special expertise as described these rules and regulations. (a) Review by State Agencies. Bee~e~me&ems-ee-Be-~ew&ewe~-By-Semee-m~eme~es sha~-Be-s~Bm~eee~-~e-ehe-~ee~e-e~ee~-~e~se, Whe~-~Rs-a~e-s~Bm&~eea-ee-ehe-Seeee-e~ea~&~ epe~a~ea-B~-ehe~$~a~e-e~ee~-He~se. (1) EIRs and Negative Declarations to be reviewed by State agency shall be submitted to the -57- 343 344 345 346 347 348 349 350 · 351 352 353 354 355 356 357 358 359 360 361 362 363 364. 365 366 State Clearing House, 1400 Tenth Street, Sac- ramento, California 95814. (2) The following environmental documents shall be submitted to the State Clearing House for review by State agency: (a) Draft EIRs and Negative Declarations prepared by a State agency where such' agency is the Lead Agency. (b) D~aft EIR~ and Negative Declarations prepared by a public agency where a State agency is a responsible agency or otherwise has jurisdiction by law with respect to the project. (c) Draft EISs and Negative Declarations prepared pursuant to NEPA~ the Federal Guidelines (Title 40 CFR; Part 1500, co~encing with Sections 1500.1) and parts I and II of Office of Management and Budget Circular A-95. (3) The Environmental Impact Evaluator may send environmental documents to the State Clearing House for review where a State a~ency has spe- cial expertise with regard to the environmental impacts involved~ -58- 367 368 369 370 371 372 373 374 375 376 377 378 379 38O 381 382 383 · 384 385 386 387 388 389 390 SECTION 3. SECTION 4. SECTION 5. (4) When an EIR is submitted to the State Clearing House, the review period set by the Environ- mental Impact Evaluator shall be at least as long as the period provided in the State Review System operated by the State Clearing House. In exceptional circumstances, the State Clear- lng House may set shorter review periods when requested by the Environmental Impact Evaluator. Review of Lead Agency EIRs. The Environmental Impact Evaluator shall develop procedures for reviewing EIRs which Lead Agencies submit:to him for comments from himself and the local agency. 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 the time specified by the Environmental Impact Evaluator after consulted, it shall ~be assumed, absent a request for a specific extension of time, that -59- 391 392 393 394 395 396 397 398 399 4OO 401 402 403 404 4O5 406 407 409 410 411 412 413 414 SECTION 6. SECTION 7~ such'agency or person has no comment to make. Request for Environmental Documents. Environmental documents 9~a~-~Rs-a~-~a~-~Rs shall be made available to the public for inspection, and copies may be given to the general public after payment of a reasonable fee eha~e-~ not to exceed the actual cost of reproducing the ehae copy. Public Participation. A public hearing shail 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 Hea~in~ Procedure. Public hearing on the consideration of environmental impact reports sha~l be held in conjunction with and as a part of normal planning activities. hearings shall include comments agencies made pursuant to these These public from reviewing 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 EIRs shall be given in the same manner and in the same form -60- 415 416 417 418 419 420 421 422 423 424 425 425 426 427 428 429 430. 431 432 · 433 434 435 436 437 SECTION 8. SECTION 9. as notice is given for the discretionary project. .All rules, regulations,.ordinances, by-laws, and charter provisions of the City of Santa Aha 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 except as expressly otherwise provided in these rules and regulations. No public hearing need be held in connection with the review of an Environmental Impact Report prepared by another governmental Agency. Retention and Availability Df 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 Fee for Review of EIRs. Ail projec~ sponsors shall pay a reasonable fee to the Environmental Impact Evaluator or the local agency to.cover the estimated· costs in reviewing the Draft EIR and preparing the Final -61- 438 439 440 441 442 443 444 445 446 447 448 449 450' . 451 452 453 454 455 456 457 458 459 460 461 EIR. The reasonable fees for such services shall be set by the Environmental Impact Evaluator. SECTION 10. Review of Decision of Planning Commission b~ Cit~ Counci!. Upon the filing, by the Planning Commission, of a Nega- tive Declaration or an EIR, with the Clerk of the Council, the Council may review said Negative Declaration or EIR. If the C6uncil is dissatisfied with the action of the Planning Commission'or is of the opinion that the matter is of such magnitude a~ to be of special interest to the people of the city of Santa Ana, it may, by majority vote, set the matter of the Negative Declaration or EIR for public hearing to be held at a regular or adjourned meeting with public notification made by the Planning Department as was required for the initial public hearing; otherwise, all decisions of the Environmental Impact Eval~ator a~d the Planning Commission shall be final. SECTION 11. Appeal of Decision of Plannin~ Commission by City Council; Hearing. An appeal from a decision of the 'Planning Commission not to overrule the Negative Declara- tion or to adopt and certify an EIR, may be made by any interested party, individual or group. Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the -62- 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 48O 481 482 483 484 485 decision by the Planning Commission, either to not over- rule the Negative Declaration of the Environmental Impact Evaluator or to adopt and certify an EIR. Said appeal period shall end at 5:00 p.m. on the tenth calendar day following said date of decision by the Planning Commission. If the tenth calendar day ends on a Saturday, Sunday, or Holiday, the ten (10) day period shall end at 5:00 p.m. on the next regular business day. The formal action, either not to overrule the Negative Declaration of the Environmental Impact Evaluator or to adopt and certify the EIR, by the Planning Commission, shall become effective on the day following the first regularly scheduled Council meeting after the ten (10) day appeal period, unless the City Council, in compliance with Section 10 above, holds a public hearing on the matter, then the decision of the City Council would become effec- tive on the day following the hearihg'and decision by the City Council. All appeals shall be in writing and on forms provided by the Planning Department, and shall specify wherein there was any error of decision or require- ment by the Planning Commission or Environmental Impact Evaluator. Furthermore, a copy of said appeal should be filed with the Planning Department and Clerk of the Council. Upon receipt of-said appeal, the Planning -63- 486 487 488 489 490 491 492 493 494 495 496 497 498 499 5OO Department shall set the'matter for hearing by the Council. All appeals shall be heard in the same manner as prescribed for the original hearing. 'Upon filing of an appeal, the Planning Department shall forward to the Clerk of the Council a copy of all the environmental documents upon which the decision to not overrule the Negative Declaration or to adopt and certify the EIR was based. Council may, after public'hearing, affirm, re- verse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations proposed by these rules and regulations. Such decision shall be filed with the Clerk of the Council, and City Planning Depart- ment; one copy thereof shall be sent to the applicant. The fee on an appeal of the Planning Commission's decision 00'~. OO2 003 not to overrule the Negative Declaration of the Environ-' mental Impact Evaluator or to adopt and certify an EIR shall be Twenty-five ($25.00) Dollars. -64- APPENDI Pesticides Rodent F~sh and wildlife Chamic.l cun*aminotian and foo~ p,~ducts waterfowt re~ and ~*aches He~blcide~ Historic end Archaeological sites Human ecology Noise c,,ntrol and abatement . ...... Transporla~ion and handling of Fish and wildlile Geothermal energy generaflon and supply . - 9134