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HomeMy WebLinkAbout92-081 - Adopting Revised Environmental Rules-,, RESOLUTION NO. 92-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING REVISED ENVI- RONMENTAL RULES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That certain document entitled "Environmental Rules of the City of Santa Ana, 1992 Revision," a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved and adopted as the objectives, criteria and procedures for administration of the responsibilities of the City of Santa Ana under the California Environmental Quality Act ("CEQA") and as the time limits required by CEQA, pursuant to sections 21082, 21100.2, and 21151.5 of CEQA and section 15022 of the State CEQA Guidelines. 2. The Community Redevelopment Agency of the city of Santa Ana, the Housing Authority of the City of Santa Ana, and any other legal entity whose boundaries are coterminous with those of the City of Santa Ana, may utilize the abovesaid Environmental Rules of the City of Santa Ana, 1992 Revision, pursuant to CEQA section 21082. The staff of the City of Santa Ana is authorized and directed to provide environmental services to such legal entities in accordance with said rules. ADOPTED this 8th day of September , 1992. ATTEST: ~l~eo~ ' thGeUY~ou~c .~1 / COUNCILMEMBERS: Young Pulido Aye Acosta Lye Griset Aye McGuigan Ab~m~nt Norton Richardson Aye APPROVED AS TO FORM: City Attorney 528 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~- 0 ~! to be the original resolution adopted by the City Council of the City of Santa Ana on e CoXnoi City of Santa Aha , 529 EXHIBI1 ^ ENVIRONMENTAL RULES OF THE CITY OF SANTA ANA 1992 REVISION PART 1 GENERAL 1/9/91 1. Objectives and Criteria. Activities to be undertaken, financially assisted, or otherwise approved by the City of Santa Ana which may have a sig- nificant effect on the environment shall be reviewed, evaluated, and processed in accordance with the objectives and criteria of the California Environmental Quality Act and the State CEQA Guide- lines, as the same now exist or as they may hereafter be amended. Such objectives and criteria are hereby adopted by reference as the objectives and criteria of the City of Santa Ana. It is further the objective of the City of Santa Ana to set forth procedures in these Santa Ana Environmental Rules which secure the protection of the environment afforded by these objectives and criteria, while at the same time preserving efficiency in the administration of public affairs. 2. Relation to State EIR Guidelines. These Environmental Rules are drafted State CEQA Guidelines and avoid repetition at 1 on the basis of the length of the provi- sions of those Guidelines. These Environmental Rules should be read and applied only in conjunction with the State Guidelines. 3. Time Periods. CEQA EIRs and negative declarations required for projects subject to CEQA shall be prepared pursuant to the time periods set forth in Appendix, incorporated herein by reference. 4. Contracts with Private Firms. The City may contract with private firms to perform any of the tasks assigned by these Environmental rules to the Environmental Coordinator. In such event the tasks which are the subject of the contract shall be performed by such private firm under the supervision of the Environmental Coordinator. 2 PART 2 DEFINITIONS 20. Incorporation by Reference. The definitions set forth in Article 20 of the State CEQA Guidelines are adopted for purposes of these Environmental Rules and incorporated herein by this reference. 21. Environmental Coordinator . As used in these Environmantal Rules the term "Environmental Coordinator" means the Executive Director of Planning and Building Safety or any employee within the Planning Department designated by the Executive Director to carry out on his or her behalf the responsibilities imposed on the "Environmental Coordinator " by these Environmental Rules. 22. Decision-makinq Body. As used in these Environmental Rules the term "decision making body" means: (1) with respect to any action to approve or disapprove which must be taken by the City Council: the City Council; (2) with respect to any action to approve or disapprove which may be taken by any officer, board or commission without 3 532 the consent of the City Council: such officer, board, or commis- sion, as the case may be, except as provided in paragraph (3); (3) With respect to any action governed by paragraph (2) which is taken before the City Council on appeal or on the city Council's own initiative for reconsideration, the City Council shall be deemed the decision-making body, and the determinations of the officer, board, or commission taken in the capacity of decision- making body shall be deemed recommendatory to the City Council. 23. Project. In accordance with the definition in the State CEQA Guide- lines, the term "project", as used in these Environmental Rules, refers to the underlying planned or proposed physical development or activity entailing physical change rather than to the actions taken to approve such proposed activities. Grants of permits or entitlements of use such as tentative subdivision maps, variances, conditional use permits, or zone change applications are to be viewed as actions to approve a project rather than as the project itself. However, any amendment to the zoning ordinances or to the General Plan which is not related to any planned or proposed specific physical development or activity shall constitute a project to be analyzed for its potential impact on the environment and such amendments which pertain to the same territory shall constitute a single project. 24. project subject to CEQA. As used in these Environmental Rules the term "project subject to CEQA" means a project for which either a nega~iv~ ~elaration Or an environmental impact report is required. 25. Action to ADprove or Disapprove. (a) As used in these Environmental Rules, the term "action to approve or disapprove" refers to any decision, affirmative or negative, as to whether a public or private project should be carried out or permitted. Examples of such actions include deci- sions on variance applications, conditional use permit applica- tions, zone change applications, and tentative subdivision map submissions. (b) Whenever any action to approve or disapprove a project taken by an officer, board, or commission is subject to appeal to the City Council or subject to reconsideration by the City Council on its own initiative, the action by the officer, board, or commission shall not be considered effective until such time as the time period for such appeal or reconsideration has expired. (c) Projects may be subject to more than one such action to approve or disapprove, in which case approval of the project and filing of the notice of determination shall be governed by section 73. 5 534 PART 3 PRELIMINARY ANALYSIS 31. Referral to Environmental Coordinator Any activity, public or private, to be undertaken, assisted, or approved by the City of Santa Ana shall be referred to the Environmental Coordinator for preliminary analysis pursuant to this Part by the officer of the City having initial responsibility over such activity unless it is clear that such activity could not possibly have any significant effect on the environment. 32. Determination of whether project is subject to CEQA. for When an activity is referred to the Environmental Coordinator preliminary analysis, the Environmental Coordinator shall determine whether the project is subject to CEQA. This determination shall consist of the following subordinate determinations: Whether there is any possibility that significant effect on the environment; Whether the activity constitutes a "project" (1) have any (2) the activity may meaning of CEQA and the State CEQA Guidelines; (3) Whether the project is exempt as ministerial, or disaster repair; (4) Whether the project within the emergency, is categorically exempt pursuant to 6 535 the State CEQA Guidelines. 33. Additional determinations. During preliminary analysis under this part, the Environmental Coordinator shall also determine the following: (1) Whether the project is one for which the City of Santa Ana is the lead Agency, and, if not, whether the lead agency has complied with the requirements of CEQA. (2) Whether the project is one for which adequate environ- mental documents have previously been completed. 34. Notices of Exemption. The Environmental Coordinator is authorized to prepare and file Notices of Exemption on behalf of the City of Santa Ana. He shall cause such notices to be filed after approvals of exempt projects in any of the following circumstances: (1) Whenever the project approval is a variance, conditional use permit, minor exception, or tentative subdivision map; (2) Whenever filing is requested by the project applicant; (3) Whenever filing is requested by the decision-making body. (4) Whenever filing is deemed necessary by the Environmental Coodinator. 7 536 35. Ministerial and Cateqorically Exempt Projects. Appendices A, listing ministerial projects, and B, listing categorically exempt projects, are incorporated herein by reference. 8 ,, 537 PART 4 INITIAL STUDY 41. Application. This Part applies to projects City of Santa Ana is the lead agency and ronmental documents in compliance with been completed. subject to CEQA for which the for which adequate envi- CEQA have not previously 42. Initiation of Initial Study. An initial study shall be initiated by the filing with the Environmental Coordinator , by the project applicant or by the officer of the City having initial responsibility for the project, of a written project description. Such project description shall consist of a completed Environmental Information Form similar to that form set forth in Appendix H of the State EIR Guidelines together with any additional data deemed necessary by the Environmental Coordinator Such additional data may include a draft Environmental Checklist Form similar to that set forth in Appendix I of the State CEQA Guidelines. 43. Evaluation by the Environmental Coordinator After initiation of the Initial Study for a project, the Environmental Coordinator shall proceed to determine the following: (1) Whether the proposed project may have a significant effect on the environment or could not have a significant effect on the environment. (2) Whether, even though the proposed project could have a significant effect on the environment, it will not have such an effect because of mitigation measures which have been added to the project. 44. Consultation. In making his determinations under Section 43 the Environ- mental Coordinator shall consult with: (1) Personnel within the City of Santa Ana having relevant knowledge or expertise with respect to the project. (2) Personnel of any other public agency which is a respon- sible agency with respect to the project within the meaning of the State CEQA Guidelines. (3) Any person whom he has reason to believe can provide useful data or information concerning the environmental effects of the project. 10 45. ¢gmDletion of Initial Study~ Based on his independent evaluation of the environmental effects of the proposed project, the Environmental Coordinator shall complete and sign an Environmental Checklist Form similar to that set forth in Appendix I of the State EIR Guidelines. Such Form, together with the Environmental Information Form Specified in Section 42 shall constitute the Initial Study for the project. He shall then proceed either to prepare a Negative Declaration for the project or to require preparation of an Environmental Impact Report for the project, based upon his findings as set forth in the Initial Study. 11 540 PART 5 NEGATIVE DECLARATION PROCEDURE 51. Application of Part 5. This part applies to all projects for which a negative declaration is prepared pursuant to Section 45. 52. Notice. After preparation of the negative declaration, the Environ- mental Coordinator shall cause notice of the preparation of the negative declaration to be published in a newspaper of general circulation. Such notice shall contain the following: (1) A brief description of the project, including its loca- tion. (2) A statement that a negative declaration has been prepared for the project and is available for public inspection and comment, giving the place or person to contact for such inspection or comment. (3) The date on which the period for public review and comment expires. The Environmental Coordinator shall also send notice to any Person or organization that has previously requested such notice. 12 541 53. Public Review. The Environmental Coordinator shall maintain the negative de- claration and initial study available for public inspection and comment for the period of public review (reference Appendix C). He shall encourage any person desiring to comment to do so in writing, but in the event such person declines to do so, he shall himself summarize such person's comments in writing. He shall maintain written comments together with his own recommended responses to such comments, if any, and forward them to the decision making body together with the negative declaration and initial study. The Environmental Coordinator shall also insure that negative declarations are submitted to state and regional clearinghouses when so required by the State CEQA Guidelines and shall likewise record comments received in response to such submission, if any. 54. Withdrawal of Negative Declaration. At any time prior to referring the negative declaration to the decision-making body, the Environmental Coordinator may withdraw the negative declaration if further review discloses that the project could have a significant effect on the environment or that additional mitigation measures are necessary to avoid such effect. If the project is revised to include such additional measure, a new negative declaration shall be prepared; preparation of an EIR shall be required. mitigation otherwise, 13 55. Referral to decision-makinq body. The Environmental Coordinator negative declaration and initial comments and recommended responses, shall forward one copy of the study together with public if any, to each member of the decisionmaking body. Each member shall review and consider the information contained in such documentation prior to the decision- making body taking any action to approve or disapprove the project. 56. Public Hearings. If the project is one for which a public hearing is required prior to any action being taken to approve or disapprove the pro- ject, such hearing shall include the issues of whether the project could have a significant effect on the environment and the adequacy of mitigation measures in the negative declaration to avoid any such effect. Even if a public hearing is not so required, the decision-making body may elect to hold a public hearing on such issues if it determines that it would facilitate the purposes of CEQA and the State CEQA Guidelines to do so. 14 57. Findinqs by the decision-makinq body. After public hearing, if any, approve or disapprove the project, 'take any of the following actions: and prior to taking action to the decision-making body may (1) Find that additional mitigation measures must be added to the project in order to support a negative declaration; in which case further action on the project shall be continued until such time as the project is revised to include such mitigation measures and a new negative declaration prepared, or until an EIR is prepared. (2) Find that the project could have a significant effect on the environment, notwithstanding any mitigation measures; in which case further action on the project shall-be continued until such time as an EIR is prepared. (3) Find that the recommended responses to public comments are inadequate; in which case the decision-making body may either formulate alternative responses or remand the negative declaration to the Environmental Coordinator for further study. A motion to make such findings shall take precedence over any pending motion to approve the project. The member moving such find- ings shall specify the mitigation measures or significant environ- mental effects upon which he bases his motion. In the absence of any such findings, the decision-making body may proceed to take action to approve or disapprove the project, and approval of a pro- ject based on staff recommendations shall constitute adoption by 15 , 44 the decision-making body of the findings contained in the negative declaration and initial study and approval of any responses to pub- lic comments recommended by the Environmental Coordinator 16 545 PART 6 EIR PROCEDURE 61. Application of Part 6. This part applies to all projects for which an EIR is required pursuant to sections 45, 54 or 57. 62. Preparation of Draft EIR. (a) person, either If the project is to be carried out by a nongovernmental the Environmental to prepare a draft necessary for preparation Coordinator If a draft Environmental Coordinator Environmental Coordinator Coordinator shall require such person EIR to supply the data and information of a draft EIR by the Environmental EIR is submitted by such person the shall evaluate and analyze it. The shall revise it or add to it, or require such person to do so, as the Environmental Coordinator judges appropriate based on his independent evaluation and analysis. (b) The Environmental Coordinator shall prepare the draft EIR for any public project undertaken by the City of Santa Ana. All offices and departments of the City shall cooperate in the Environmental Coordinator with the necessary information. furnishing data and 17 546 63. Consultation. During preparation of the draft EIR the Environmental Coordinator shall consult with any other public agencies that are responsible agencies with respect to the project and shall also, if he has not already done so, consult directly with any person or organization he believes will be concerned with the environmental effects of the project. 64. Completion of Draft EIR. Upon completion of a draft EIR the Environmental Coordinator shall take the following actions: (1) Send a Notice of Completion to the Secretary of Resources. (2) Deliver a copy of the draft EIR to the Santa Ana Public Library. (3) Notify any individuals or organizations who have pre- viously requested notice of completion of the draft EIR. (4) Publish notice of the completion of the draft EIR in a newspaper of general circulation. Such notice shall briefly describe the project, including its location, and shall state that a draft EIR has been prepared and is available for public inspection and comment, giving the place or person to contact for such inspection and comment. The notice shall also give the date of expiration of the period for public review. (5) Forward copies of the draft EIR for review and comment to 18 547 other public agencies having jurisdiction by law, to persons having special expertise with respect to any environmental impact involved, and to State and regional clearinghouses as required by the State CEQA Guidelines. 65. Public Review. (a) A draft EIR shall be maintained by the Environmental Coordinator for public inspection and comment for the period of public review (reference Appendix C). He shall encourage any person desiring to comment to do so in writing, but in the event such person declines to do so, he shall himself summarize such person's comments in writing. (b) A public hearing for the purpose of receiving comments from the general public on the draft EIR shall be held: (1) if the Environmental Coordinator determines it would facilitate the purposes of CEQA and the State CEQA Guidelines to do so; or (2) if any person submits written request for a public hearing on the draft EIR within the period of public review. Such hearings shall be held before the Planning Commission and shall be noticed by publication in a newspaper of general circulation not less than ten (10) days before the date set for such hearing. 19 548 66. Completion of Final EIR. Comments received on the draft EIR shall be evaluated by the Environmental Coordinator , who shall prepare recommended responses thereto. Such comments and responses shall serve as the basis for completion of the final EIR. The Environmental Coordinator shall forward a copy of the final EIR to each member of the decision- making body, and each such member shall review and consider the information contained in the final EIR. 67. Action by the decision-makinq body= Prior to taking any action to approve or disapprove a project, the decision-making body shall certify that it has reviewed and considered the information contained in the EIR and that it approves the responses to public comments set forth in the EIR. Prior to taking any action to approve or disapprove the project the decision making body may remand the Final EIR to the Environmental Coordinator for revision or supplementation if it determines that the Final EIR, as submitted, fails to comply with the requirements of CEQA and the State CEQA Guidelines or if it disapproves of the responses to public comments set forth in the EIR. 20 549 68. Findinqs by the decision-makinq body. No project shall be approved by the decision-making body except upon one or more of the following written findings: (a) Changes or alterations have been required in, or incor- porated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completion of the final EIR. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. (c) Specific economic, social, or infeasible the mitigation measures identified in the EIR. other considerations make or project alternatives 69. Certification. Whenever a project for which an EIR has been prepared is approved by the decision-making body, the Environmental Coordinator shall prepare and sign a Certificate, to be attached to the Final EIR, stating that the Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines and that the decision- making body has reviewed and considered the information contained in the EIR prior to the approval of the project. The Environmental Coordinator shall so certify a final EIR only if he determines the 21 550 statements therein to be true and correct; otherwise he shall notify the decision-making body of the defect and recommend appropriate corrective action. 22 NOTICES 71. Application of Part 7. PART 7 OF DETERMINATION This part applies to all projects subject to CEQA for which the City of Santa Aha is the lead agency and which are approved by the decision-making body. 72. Filinq of notice. The Environmental Coordinator shall file a notice of deter- mination with the Orange County Clerk after the approval of any project by the decision-making body. Whenever a state agency also has approval authority over the project, the Environmental Coordinator shall also file a notice with the Secretary for Resources. 73. Time of filinq~. (a) Whenever the date of approval of a project is determined by an ordinance or resolution which does not become effective immediately upon adoption, the project shall be deemed approved upon the date of adoption of such ordinance or resolution, without regard to any delay in the effective date. (b) If a project is subject to an approval process which requires more than one action to approve or disapprove (as defined in section 25), the project shall be deemed approved and the notice 23 of determination filed after the first such action to approve the project, except as follows: (1) If a public hearing is required prior to one or more of the actions necessary to approve the project, the project shall not be deemed approved and the notice of determination shall not be filed until after the first such action for which a public hearing is required. (2) If the City Council is the decision-making body for any one or more of the actions necessary to approve the project, the project shall not be deemed approved and the notice of deter- mination shall not be filed until after the first such action to approve the project by the City Council. (3) If the actions to approve or disapprove a project include an amendment of the general plan in addition to any other actions, (such as a zone change ordinance, development agreement ordinance, variance, conditional use permit, or subdivision map), the adoption of the resolution amending the general plan shall be deemed the approval of the project. 24 554 PART 8 LEAD AGENCY DETERMINATIONS 81. ApDlication of Part 8. This part applies to projects as to which both the City of Santa Ana and one or more other public agencies each have an approval authority. 82. Determination of Lead Aqency. The Environmental Coordinator is authorized to determine on behalf of the City of Santa Ana whether the City of Santa Ana or another public agency is most appropriately the lead agency for a project. He may resolve any lead agency disputes by agreement with the personnel of such other public agency. 83. Determination of comDliance with CEQA. In reviewing any project for which another public agency is the lead agency the Environmental Coordinator may determine whether the project is subject to CEQA and, if so, whether the lead agency has prepared, or intends to prepare either a negative declaration or an EIRo In the event that a project subject to CEQA has been approved without preparation of either a negative declaration or an EIR and the Statute of Limitations has expired 26 for a challenge to the lead agency's action, the Environmental Coordinator shall process the project as if the city of Santa Ana were the lead agency. 84. Review by Environmental Coordinator When a lead agency requests review and comments on its en- vironmental analysis of a project from the City of Santa Ana, the Environmental Coordinator shall carry out the review and response on behalf of the City of Santa Ana. Other personnel within the City of Santa Ana having special knowledge or expertise in any area of environmental impact shall participate in such review as requested by the Environmental Coordinator 85. Action by the decision-makinq body. Whenever the City of Santa Ana is to approve or disapprove a project subject to CEQA for which some public agency other than the City of Santa Aha is the lead agency, the decision making shall, prior to taking any action to approve or disapprove project, review and consider the negative declaration or prepared by the lead agency and certify that it has done so. body the EIR 27 PART 9 PROJECT IMPLEMENTATION 91. Reportinq/Monitorinq Programs for Certain Projects ADproved on the Basis of a Mitigated NeGative Declaration. (a) This section applies to projects which meet the following criteria: 1. The project is not entitled to any exemption under CEQA or the State CEQA Guidelines. 2. The project is not entitled to a negative declara- tion unless it is conditioned upon compliance with certain mitigation measures. 3. The mitigation measures which serve to justify the issuance of a negative declaration are of one of the following types: "Type A": Compliance the mitigation measure can or noncompliance with be ascertained in the course of City review of plans submitted by the project applicant pursuant to the development project plan approval procedure (SAMC sections 41- 668 et seq.) or the "plan check" procedures under the Building Code, or in the course of City review of construction work undertaken in accordance with such plans prior to final approval of such construction by the City. "Type B": The mitigation measure is not Type 28 - 557 A but can be made a condition of approval of the project pursuant to a variance, conditional use permit, or other entitlement which is subject to revocation by the City in the event of noncompliance with the conditions of approval. "Type C": In the case of a public project to be carried out by the City or the Santa Ana Redevelopment Agency: the mitigation measure can be incorporated into the project, through the project plans, specifications, or other controlling documents. (b) For any project which is proposed for approval based on a negative declaration containing Type A mitigation measures, the Environmental Coordinator shall prepare an "Environmental Checklist" which lists each such Type A mitigation measure and, with regard to each, specifies the administrative staff which is responsible with that mitigation measure and contains that division to verify compliance at the division of the city for assuring compliance spaces for personnel in appropriate time. Each administrative division having responsibility for assuring compliance with a mitigation measure shall be provided with a copy of the Environmental Checklist by the Environmental Coordinator. Approval of plans or construction work shall be withheld by City personnel as appropriate to assure compliance with all Type A mitigation measures listed on the Environmental Checklist. (c) For any project which is proposed for approval based on 29 ,558 Type B mitigation measures, the Environmental Coordinator shall prepare a report to the Planning Manager specifying such mitigation measures. The Planning Manager shall assure that such Type B mitigation measures are included in the recommended conditions of approval for the project. The decision-making body shall not approve the project without either including such Type B mitigation measures as conditions of approval of the project or requiring an environmental impact report to be prepared for the project prior to determining whether to approve the project. Following approval of the project, Type B mitigation measures shall be enforced by Planning Division personnel in the same manner as other conditions of approval in a variance, conditional use permit, or other revocable entitlement are enforced. (d) For any public project which is proposed for approval based on Type C mitigation measures, the Environmental Coordinator shall prepare a report to the officer of the City most responsible for implementing the project specifying such mitigation measures. Such officer shall either (1) assure that the project incorporates the specified mitigation measures and report back to the Environmental Coordinator as to the manner of such incorporation, or (2) shall report back to the Environmental Coordinator why such incorporation is not feasible, in which case the Environmental Coordinator shall withdraw the negative declaration prepared for the project. (e) At such time as the project is submitted to the decision- making body for a determination whether to approve the project, the 30 559 Environmental Coordinator shall making body on compliance with negative declaration. the project are Type pursuant to subsection submit a report to the decision- this section together with the To the extent the mitigation measures for A, the Environmental Checklist prepared (b) of this section shall constitute such report. Except to the extent otherwise specified by the decision- making body, the decision-making body shall be deemed to have approved the program referenced in the Environmental Coordinator's report as the reporting/monitoring program for the project at such time as it approves the project. (f) In the course of carrying out his/her duties under this section, the Environmental Coordinator may at any time reevaluate his/her earlier determinations as to the propriety of a mitigated negative declaration or any particular mitigation measure and may revise or withdraw the proposed mitigated negative declaration accordingly. 92. Reporting/Monitorinq Programs for other Projects. In conjunction with the preparation of a negative declaration which recommends mitigation measures for a project which is not within the scope of section 91, or in conjunction with an EIR which recommends mitigation measures for a project, the Environmental Coordinator shall also prepare or cause to be prepared a reporting/monitoring program designed to ensure compliance with those mitigation measures during project implementation, in accordance with CEQA section 21081.6. The program shall be 31 approved by the decision making body, subject to such modifications as the decision making body may deem appropriate, at the time the decision making body approves the negative declaration or, in the case of a project for which an EIR has been prepared, at the time the decision making body makes the environmental findings for the approval of the project. 32 561 APPENDIX A MINISTERIAL PROJECTS The actions listed in this Appendix are deemed ministerial and any project involving such actions only is a ministerial project. A. Issuance and final approvals of building permits and similar construction-related permits governed by Chapter 8 of the Santa Ana Municipal Code. B. Issuance of permits or clearances by the Fire Department pursuant to Chapter 14 of the Santa Ana Municipal Code. C. Issuance of business licenses pursuant to Chapter 21 of the Santa Ana Municipal Code. D. Approval of final subdivision maps, including both final tract maps and final parcel maps. E. Approval of individual utility service connections and disconnections. F. Issuance of any permit, license, clearance or other approval for any business or activity to be carried on by private 33 562 persons or organizations when such issuance is governed by regulations in the Santa Ana Municipal Code or by regulations promulgated by the City of Santa Ana pursuant to authority granted by law, and when determination of compliance with such regulations is governed by fixed, objective standards. G. Revocation of variances, conditional use permits, and minor exception for failure to comply with the conditions of approval. 34 563 APPENDIX B CATEGORICALLY EXEMPT ACTIVITIES Any activity listed in this Appendix may be categorically exempt from CEQA if it satisfies the criteria for exemption set forth in Article 8 of the State CEQA Guidelines. A. Activities to be undertaken by private persons or orga- nizations or other public agencies subject to the approval of the City of Santa Ana, by such means as tentative map approval, variance, conditional use permit, minor exception, discretionary business permits, and similar entitlements of use, may be eligible for categorical exemption under one or more of the following cate- gories: Class 1 Existing Facilities Class 2 - Replacement or Reconstruction Class 3 - New Construction of Small Structures Class 4 - Minor Alterations to Land Class 5 - Alterations in Land Use Limitations Class 9 Inspections Class 11 - Accessory Structures Class 14 - Minor Additions to Schools 35 564 B. Public Works and other construction activities to be undertaken by or on behalf of the City of Santa Ana may be eligible for categorical exemption under one or more of the following cate- gories: Class 1 - Existing Facilities Class 2 - Replacement or Reconstruction Class 3 - New Construction of Small Structures Class 4 - Minor Alterations to Land Class 11 - Accessory Structures C. Activities by the City of Santa Ana pertaining to the acquisition or disposition of interests in real property by the City may be eligible for categorical exemption under one or more of the following categories: Class 10 - Loans Class 12 - Surplus Government Property Sales Class 13 - Acquisition of Lands for Wildlife Conservation Purposes Class 16 - Transfer of Ownership of Land in Order to Create Parks Class 17 - Open-Space Contracts or Easements. 36 D. Activities by the city of Santa Ana undertaken for the purposes of promoting or protecting environmental quality may be eligible for categorical exemption under one or more of the following categories: Class 6 - Information Collection Class 7 - Actions by Regulatory Agencies for Protection of Natural Resources Class 8 - Actions by Regulatory Agencies for Protection of the Environment Class 13 - Acquisition of Lands for Wildlife Conservation Purposes Class 16 - Transfer of Ownership in Lands in Order to Create Parks Class 17 - Open Space Contracts or Easements Class 18 - Designation of Wilderness Areas E. Jurisdictional changes involving action by the City of Santa Ana may be eligible for categorical exemption under one or more of the following categories: Class 19 - Annexations of Existing Facilities and Lots Exempt Facilities Class 20 - Changes in Organization of Local Agencies for 37 566 F. Activities undertaken by the City of Santa Ana involving the ascertainment of facts for purposes of determining compliance with regulatory standards or for general background information may be categorically exempt under one or more of the following categories: Class 6 - Information Collection Class 9 - Inspections G. Activities undertaken by the City of Santa Ana involving the use of grant funds for structural rehabilitation of existing facilities may be categorically exempt under one or more of the following categories: Class 1 - Existing Facilities Class 2 - Replacement or Reconstruction Class 3 - New Construction or Conversions Class 11 - Accessory Structures the use exempt under one or more of the following categories: Class 22 - Educational or Training Programs Class 23 - Normal Operation of Facilities Gatherings Class 26 - Acquisition of Housing Units Class 27 - Leasing New Facilities Activities undertaken by the City of Santa Ana involving of grant funds to support various social programs may be for Public 38 567 APPENDIX C TIME PERIODS The time periods set forth in this Appendix apply to the completion of EIRs and Negative Declarations on private projects for which the City of Santa Ana has approval authority as the lead agency for the project. The maximums set forth herein are subject to reasonable extension by the Environmental Coordinator in the event that unforseen circumstances justify the additional time, and the project applicant consents to the extensions. A. ~nitial study. An initial study shall be completed within a period of from 7 to 30 days, depending on the complexity of the project. B. Preparation of Neqative Declaration. A Negative Declaration shall be prepared and noticed within 30 days of the completion of the initial study. C. Preparation of Draft EIR. (1) Where the applicant provides detailed data and information in the form of a draft EIR describing the project, the Environ- mental Coordinator shall review, evaluate and revise the information 39 568 into a draft EIR representing the views of the City of Santa Ana within 45 days following submission of such data and information by the applicant. (2) Where the draft EIR is prepared with the majority of the work being done by the staff of the city of Santa Ana, or by a con- sultant under contract with the City, the draft EIR shall be pre- pared within a period of 30 to 270 days following completion of the initial study, depending on the complexity of the environmental impacts involved. D. Public Review. (1) The period for public inspection and comment on negative declarations shall be 21 days, if the negative declaration need not be sent to the State Clearinghouse, or 30 days, if the negative declaration must be sent to the State Clearinghouse, beginning with the date following publication of the notice of preparation of the negative declaration. (2) The period of public review of draft EIRs shall be one of the following periods, beginning with the date following publi- cation of the notice of preparation of the draft EIR: (1) 30 days if the project is one for which no State agency is a responsible agency. (2) 45 days if the project is one for which a State agency is a responsible agency. 40 569 (3) If a public hearing is set for the draft EIR and the date set for such hearing is beyond the expiration date set according to (1) or (2) above, the period of public review is thereby extended to include such hearing date; provided, however, hearings shall not be scheduled or continued so as to exceed a maximum period of 90 days from the date following publication of notice of preparation of the draft EIR. E. Responses to Comments. The Environmental Analyst during the period of public period: shall respond to comments received review within the following time (1) Three weeks (2) A time which is reasonable in comments raise complex issues or require or Negative Declaration. if the comments do not raise complex issues. the circumstances if the a completely revised EIR 41