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PC - Item 4B - Procedures for Implementation of the California Environmental Quality Act and Proposed Planning Fees for the Comprehensive Zoning Code UpdateROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: SEPTEMBER 16, 2013 SUBJECT: PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOCAL CEQA GUIDELINES) AND PROPOSED PLANNING FEES FOR THE COMPREHENSIVE ZONING CODE UPDATE SUMMARY This report has been prepared to inform the Planning Commission of two (2) additional action items that will be submitted to the City Council for consideration as part of the Comprehensive Zoning Code Update project. These action items include proposed Local CEQA Guidelines and new Planning Fees. An overview of each of these items is provided below. Staff Recommendation As this is an informational item, no Planning Commission action is needed. BACKGROUND Procedures for Implementation of the California Environmental Quality Act - State law (Public Resources Code Section 21082) requires cities to adopt objectives, criteria, and procedures for evaluating the environmental effects of public and private projects undertaken or approved by a city in accordance with the California Environmental Quality Act (CEQA). Currently, the City of Rosemead does not have adopted Local CEQA Guidelines. For this reason, a set of Local CEQA Guidelines (Procedures for Implementation of the California Environmental Quality Act — Attachment "A ") will be proposed for City adoption in compliance with CEQA requirements as part of the Comprehensive Zoning Code Update project. The implementation procedures reflect State CEQA Guidelines and provide instructions and forms for preparing any environmental documents required under CEQA. Planning Commission Meeting September 16, 2013 Paoe 2 of 5 Once adopted, the City will be required to revise its local guidelines from time to time to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines. New Community Development/Planning Fees - The proposed Comprehensive Zoning Code Update establishes several new land use and development permits. For this reason, staff will be recommending that the City Council adopt a revised fee resolution to cover the permit applications. Staff completed a fee survey of the cities that surround the City of Rosemead in order to determine appropriate fees. This fee survey has been attached to this memorandum as Attachment "B." Below is a brief summary of the land use permits and /or requests and corresponding fee proposals. Administrative Determination This new procedure will allow the Community Development Director to make interpretations of the Zoning Code as policy decisions, upon following the specific standards. Interpretations would be distributed to the City Council, Planning Commission, City Attorney, City Clerk, and all affected staff when made. Any interpretation can be appealed to the Planning Commission. An interpretation can also be referred to the Planning Commission. The application of this new provision could include permitting a proposed land use that is not identified in the Zoning Code if the use is substantially similar to a use that is permitted. Proposed Fee: $450.00 (The proposed fee is slightly lower than the average fee of $480.00 charged for this service among the cities surveyed.) Administrative Use Permit The Administrative Use Permit process has been proposed to streamline the development review procedure for certain more ministerial approvals with the Community Development Director. The Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the proposed Comprehensive Zoning Code Update as requiring an Administrative Use Permit are deemed to possess location, use, building, or traffic characteristics of such unique and special form as to make impractical or undesirable their automatic inclusion as permitted uses. Proposed Fee: $500.00 (The proposed fee is slightly lower than the average fee of $529.00 charged for this service among the cities surveyed. It is important to note that this fee does not include the required public noticing or LA County Clerk recording fees that are currently established in the City's fee resolution.) Planning Commission Meeting September 16, 2013 Page 3 of 5 Appeals to the Planning Commission The City's Comprehensive Fee Resolution contains an appeal fee of $750.00 for Planning Commission decisions that are appealed to the City Council. A new fee is required for the Community Development Director decisions that are appealed to the Planning Commission. Proposed Fee: $650.00 (The proposed fee is slightly lower than the average fee of $687.00 charged for this service among the cities surveyed.) Density Bonus A density bonus, by definition, means that a developer will be able to exceed the maximum allowable density for the district, and thus build more housing units, in exchange for the dedication of a portion of the housing units for very low, low and /or moderate income residents. Staffs survey found that few jurisdictions have an application fee as a way to provide incentives for the development of affordable housing. However, fees to cover the public hearing costs and the review of housing agreements were charged in some case to cover staff time. Proposed Fee: Cost + 10% (The proposed fee is proposed to cover materials and staff time for the preparation, review, and monitoring of housing agreements.) Development Agreements A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he /she may proceed to develop the project subject to the rules and regulations in effect at the time of approval - the development will not be subject to subsequent changes in regulations. Development agreements also benefit the local jurisdiction, as the City may include conditions that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement often includes how the project will be phased, the required timing of public improvements, and the developer's contribution toward funding system -wide community improvements. Proposed Fee: Cost + 10% (The proposed fee is proposed to cover materials and staff time for the preparation, review, and monitoring of development agreements.) Joint/Off -Site Parkinq Agreement A joint use /off -site parking means the use of a single parking facility by several related uses occupying the same or adjacent parcels. Planning Commission Meeting September 16, 2013 Paqe 4 of 5 Proposed Fee: Cost + 10% (The proposed fee is proposed to cover materials and staff time for the preparation and /or review of such parking agreements agreements.) Minor Exception Minor Exceptions address minor deviations from City Zoning Code standards that would normally have lesser impact and warrant less intensive review than Variances. Proposed Fee: $300.00 (The proposed fee is slightly lower than the average fee of $347.00 charged for this service among the cities surveyed. It is important to note that if required, this fee does not include the required public noticing or LA County Clerk recording fees that are currently established in the City's fee resolution.) Outdoor Sales (Nonresidential) Outdoor sales and displays is merchandise that is placed and advertised for sale outside of a structure as an accessory use. Proposed Fee: $70.00 (The proposed fee is slightly lower than the average fee of $159.00 charged for this service among the cities surveyed. It is important to note that it is expected that the review of such applications will be comparable to reviews of commercial tenant improvement applications, which also cost $70.00.) Reasonable Accommodation Reasonable accommodation means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements, hardscape additions, such as widened driveways, parking area or walkways, building additions for accessibility, or tree removal. Proposed Fee: No fee (Staff found that most cities have not yet established or do not charge a fee for a reasonable accommodation request. It is recommend that no fee is charged as a business friendly measure.) Temporary Use Permit A temporary use permit is intended for land uses that are interim, not permanent, and /or seasonal in nature. These types of land uses generally last between one (1) and thirty (30) days, and occur on private property. Proposed Fee: $225.00 (The proposed fee is slightly lower than the average fee of $266.00 charged for this service among the cities surveyed.) Planning Commission Meeting September 16, 2013 Page 5 of 5 Specific Plan Amendment The City of Rosemead already has an established fee of "Cost +10 %" for new applications requesting the adoption of Specific Plans. A fee of "Cost +10 %" is proposed for future requests of amendments to any established Specific Plans. Proposed Fee: Cost + 10% (The proposed fee is comparable to what other surrounding jurisdictions charge.) Time Extensions (not including Maps or Conditional Use Permits) The proposed revisions to the City of Rosemead fee resolution would result in several new fees for different types of discretionary applications. The fees vary depending on the scale of each type of development proposal. When such applications are approved, conditions will specify a time frame within which the applicant has to commence the project. For example, the City charges a fee of $300.00 for Conditional Use Permit Extensions. Proposed Fee: $300.00 (The proposed fee is comparable to what other surrounding jurisdictions charge and is also the same for what is charged for a Conditional Use Permit Extension.) Prepared by: S '' u nn b �� m '' ii Sheri Bermejo Michelle Ramirez �J City Planner Community Development Director Attachments: A. Procedures for Implementation of the California Environmental Quality Act B. Permit Fee Survey ATTACHMENT A Reserved City of Rosemead California OSE D Procedures for Implementation of the California Environmental Quality Act TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION 5 A. AUTHORITY 5 B. DEFINITIONS 5 C. BASIC PURPOSES OF CEQA 8 D. PURPOSE OF CITY PROCEDURES 9 E. FEES 9 F. RESPONSIBILITY FOR COMPLIANCE 9 G. RESPONSIBLE AGENCY AUTHORITY 9 H. TIME OF COMPLIANCE 10 I. REVISION OF PROCEDURES 10 2.0 OVERVIEW AND SUMMARY OF PROCEDURES 11 A. CEQA APPLICABILITY 11 B. EXEMPTIONS 12 Notice of Exemptions 13 C. ENVIRONMENTAL IMPACT EVALUATION PROCEDURE 14 Pre - application Consultation 14 Project Descriptions 14 D. CARRYING OUT THE INITIAL STUDY 14 Purpose of the Initial Study 14 Project Information Required for an Initial Study 15 Early Consultation 15 Preparation and Content of Initial Studies 15 Determining Environmental Significance 16 Environmental Factors Potentially Affected 17 Time Limits 18 Mitigation Measures 18 Mitigation Monitoring Required 19 E. NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS 20 When to Use 20 Contents of Negative Declarations 20 Public Notice for Negative Declarations 20 Time Limits 21 Notice of Determination 22 F. ENVIRONMENTAL IMPACT REPORTS (EIRs) 22 Types of EIRs 22 Notification of Project Proponent and Payment of Fees 22 Notice of Preparation 23 Scoping Meetings 23 Scope of an EIR 24 Notice of Completion of a Draft EIR 24 City of Rosemead Environmental Procedures TABLE OF CONTENTS SECTION PAGE City of Rosemead Environmental Procedures M Public Review of Draft EIR (Notice of Availability) 25 Availability for Review 26 Evaluation of and Responses to Comments 26 Preparation of the Final EIR 26 Certification of the Final EIR and Time Limits 27 Alternatives 27 Findings 27 Approval 28 Statement of Overriding Considerations 28 G. GENERAL PROCEDURES FOR ENVIRONMENTAL DOCUMENTS 28 Preparation of Environmental Documents 28 Screen -check Drafts 29 Consideration and Approval of Environmental Documents 29 Fish & Wildlife Fees 30 H. APPEALS 31 Appeal of the Decision to Require an EIR to the Planning Commission 31 Appeal of Decision to Require an EIR to the City Council 31 Project Appeals 32 Notice of Determination 32 I. ENVIRONMENTAL DOCUMENTS ORIGINATING FROM OTHER AGENCIES 32 Review and Comments 32 Public Hearings 32 SECTION 3.0 SPECIFIC IMPACTS 32 A. GREENHOUSE GASES 32 Factors to Consider 33 GHG Mitigation Measures 33 Water Assessments 33 City of Rosemead Environmental Procedures M APPENDICES Appendix A Notice of Exemption Form Appendix B Environmental Information Form Appendix C Environmental Checklist Form (Initial Study) Appendix D Notice of Determination Appendix E Notice of Preparation Appendix F Notice of Completion Appendix G Notice of Determination Request (California Department of Fish and Wildlife) City of Rosemead Environmental Procedures 0 SECTION 1.0 - INTRODUCTION A. AUTHORITY The California Environmental Quality Act (CEQA) requires public agencies to identify the potentially significant effects on the environment of projects they intend to carry out or build. This environmental review effort should be in good faith and based on reason and information. The consideration should include cumulative impacts. These procedures implement the California Environmental Quality Act, and the Guidelines for Implementation of the California Environmental Quality Act (Guidelines). CEQA is found in the Public Resources Code, Sections 21000 and following. The Guidelines are codified in Title 14 of the California Code of Regulations, Sections 15000 and following. Section 15022 of the State Guidelines requires that each city adopt its own procedures for evaluating projects within its jurisdiction. Consistent with Section 15022(d) of the Guidelines, the City of Rosemead chooses to adopt the Guidelines by reference, as supplemented by these Procedures for Implementation of the California Environmental Quality Act (Procedures). These Procedures note references to provisions of the Guidelines and the Public Resources Code in italics. It is intended that the reader will refer to the appropriate sections for more detailed information. CEQA and the Guidelines shall control in the case of conflict. B. DEFINITIONS The following definitions are used throughout these procedures. "Advisory body" means the Community Development Director, a commission or committee required to make a recommendation on a project to the decision maker. "CEQA" means the California Environmental Quality Act of 1970, as amended, found at Public Resources Code, Section 21000 and following. "Cultural resources" mean sites, buildings, structures, objects, and districts that have traditional or cultural value for the historic significance they possess. Cultural resources range from archaeological materials, to historical roadways, to stands of trees. "Days" means calendar days. City of Rosemead Environmental Procedures 5 "Decision maker" means the person or group of persons with the legal power to approve or disapprove a project. The City Council is the decision maker for the adoption and amendment of the general plan, specific plans, zoning amendments and designations, and annexations. The Planning Commission is the decision maker for conditional use permits, variances, discretionary site plan and design reviews and subdivision maps. The Director is the decision maker for modification permits. If a project requires no discretionary approval other than of a precise plan, site plan review or design review application under the City of Rosemead Municipal Code, the decision maker for purposes of CEQA is the Director, and all responsibilities applicable to other decision makers shall apply. "Director" means the head of the Community Development Department, or his or her designee. "Environmental Document" means Negative Declaration, Mitigated Negative Declaration or EIR. "Environmental Impact Reports" — Types. CEQA allows for the preparation and use of different types of EIRs. "Project EIR" [Guidelines § 15161] means the type of EIR which examines the environmental impacts of a specific development project. It focuses primarily on the changes in the environment that would result from the project including planning, construction, and operation and is the most common type of EIR. "Subsequent EIR" [Guidelines § 15162] means an EIR which is prepared after an EIR has been certified or a Mitigated Negative Declaration adopted when there is: substantial evidence that there are substantial changes to the project or the circumstances under which the project is undertaken which will require major revisions in the previous EIR or negative declaration due to new significant environmental effects or a substantial increase in the severity of a previously identified significant effect; or new information shows that the project will have significant effects not previously discussed, that the effects will be substantially more severe than previously shown, there are mitigation measures or alternatives which would reduce the significant effects but the project proponents decline to adopt such measures or alternatives. The Subsequent EIR focuses on the substantial changes in a project or on substantial new information. Subsequent EIRs are only prepared where there are further discretionary actions to be taken by the City. "Supplement to an EIR" [Guidelines § 15153] means an EIR which is prepared where an updated analysis is required, but only minor additions or changes are necessary. The supplement contains only the information necessary to make the previous EIR adequate for the project as revised. City of Rosemead Environmental Procedures 6 "Addendum to an EIR" [Guidelines § 15164] means the document which is prepared where changes or additions are necessary, but there are not significant or substantial changes which would require preparation of a subsequent or supplemental EIR. The changes are of a minor technical nature. "Program EIR" [Guidelines §§ 15165 and 15168]means an EIR prepared to cover individual related projects or a phased project is to be undertaken and the total undertaking comprises a project with significant environmental effect. The EIR addresses the scope of the larger project. "Staged EIR" [Guidelines § 15167] means an EIR prepared where a large capital project will require a number of discretionary approvals from the City and one of the approvals will occur more than two years before the construction will begin. The entire project will be evaluated, and the aspect of the project before the public agency for approval will be discussed with greater specificity; a supplement to the EIR shall be prepared for later approvals which are required for the project. "Master EIR" [Guidelines §15175] is an EIR which is prepared for certain projects which will form the basis for later decision making. The Master EIR is intended to streamline later environmental review. "Focused EIR" means an EIR that is more limited in scope which can be used on a subsequent project identified in a master EIR [Guidelines § 15178] or a multiple family residential development of no more than one hundred (100) units or a residential /commercial /retail mixed -use commercial development of not more than one hundred thousand (100,000) square feet (Guidelines § 15179.51 when specified conditions are met. "Greenhouse Gas" means gases in an atmosphere that absorb and emit radiation within the thermal infrared range. This process is the fundamental cause of the greenhouse gas effect whereby the temperature is higher than it would be if direct heating by solar radiation were the only warming mechanism. "Guidelines" means those provisions found at Title 14 of the California Code of Regulations, Section 15000 and following. "Historical Resource" [Guidelines § 15064.5(a)] means a resource: listed in, or determined to be eligible for listing in the California Register of Historical Resources; a resource included in a local register of historical resources or identified as significant in an historical resource survey; or something that the City determines is historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. City of Rosemead Environmental Procedures 7 "Lead agency" means the public agency that has the principal responsibility for carrying out or approving a project. The lead agency drafts the Initial Study and decides whether an EIR or Negative Declaration will be required. "Ministerial" [Guidelines § 15369] means a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the activity. The public official merely implements legal requirements rather than using special discretion or judgment in reaching a decision. "Planning Commission," means the consulting advisory body created by and responsible to the City Council pursuant to City of Rosemead Municipal Code. "Precise Plan," for the purposes of these Guidelines, means administrative site plan reviews and administrative design review processes established by Title 17 of the Rosemead Municipal Code. "Procedures" means the City of Rosemead's supplement to the Guidelines. "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as further defined in Guidelines § 15378. "Responsible agency" means any public agency, other than the lead agency, that has discretionary approval power over the project. For example, street improvements for a given project may require Caltrans review and approval, in which case Caltrans would be the responsible agency. "Staff' means the Community Development Department staff of the City of Rosemead. "Trustee agency" means a State agency that controls natural resources held in trust for the people of California, and which may be affected by a proposed activity. For example, the California Department of Fish and Wildlife is a trustee agency with regard to biological resources. C. BASIC PURPOSES OF CEQA (Guidelines § 150021 The basic purposes of CEQA are to: 1. Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities; 2. Identify ways that damage to the environment be avoided or significantly reduced; City of Rosemead Environmental Procedures 8 3. Prevent environmental damage by requiring changes in projects through the use of alternatives or mitigation measures; and 4. Disclose to the public the reasons why a project is approved if significant environmental effects are involved. D. PURPOSE OF CITY PROCEDURES The purpose of the City of Rosemead Procedures for Implementing the Environmental Quality Act is to protect both local and regional environmental resources in a manner consistent with CEQA and the Guidelines. These Procedures summarize CEQA provisions for evaluating projects and preparing environmental documents. They convey criteria for determining if CEQA applies to particular projects, and methods for conducting environmental review of projects that are not exempt. These Procedures are intended as a guide for use by City officials, the public, project proponents, and City staff. In the case of conflict, the Guidelines shall prevail. E. FEES (Guidelines § 150451 The City, as a lead agency, may charge and collect reasonable fees in order to recover the estimated costs incurred in preparing environmental documents. Fees may also be charged for distributing and copying environmental documents. These fees shall be established by a City Council resolution, and shall be subject to periodic review and adjustment. All fees collected shall be held in connection with the terms and provisions of State law, and shall not confer a right on the part of developers, applicants, or project proponents to prevent the independent preparation, review and oversight of the environmental review and mitigation process by the City. The City is also required to collect CEQA fees for the Department of Fish and Wildlife and Los Angeles County. Current fee information is available in the City of Rosemead Planning Division. F. RESPONSIBILITY FOR COMPLIANCE The Director shall ensure that these Procedures are followed for all private and City- initiated projects. For City- initiated projects, the Director shall determine the appropriate environmental documentation for the project. The department head of the City department processing the project shall be responsible for ensuring that all projects comply with CEQA as directed by the Community Development Department; however, the Director or designee may prepare the required documentation if such expertise is not available in the initiating department. These Procedures apply to all agencies of the City. City of Rosemead Environmental Procedures 9 G. RESPONSIBLE AGENCY AUTHORITY [Guidelines § 15096] When acting as a responsible agency, the City shall review the environmental document and provide comments on those project activities which are within the City's area of expertise or which are required to be carried out or approved by the City, or otherwise be subject to the City's exercise of powers. The review shall include compliance with the City of Rosemead General Plan (General Plan). H. TIME OF COMPLIANCE The City shall comply with CEQA provisions as set forth in these Procedures whenever the City proposes to carry out or approve an activity. CEQA review, preparation, and certification of appropriate documentation occur prior to granting an approval of private projects or authorization of public projects. EIRs and negative declarations should be prepared as early as possible in the planning process to enable environmental considerations to influence the project program and design, yet late enough to provide meaningful information for environmental assessment. I. REVISION OF PROCEDURES The Planning Commission may recommend revisions to these Procedures subject to approval by the City Council. The City will endeavor to revise these Procedures to conform to amendments to the Guidelines within one hundred twenty (120) days after the effective date of the amendments [Guidelines § 15022 (c)]. During the period while the City is revising its procedures, the City must conform to any statutory changes in CEQA or the State Guidelines that have become effective. City of Rosemead Environmental Procedures 10 SECTION 2.0 OVERVIEW AND SUMMARY OF PROCEDURES A. CEQA APPLICABILITY A proposed project must first be evaluated to determine if it is a "project' and is, therefore, subject to CEQA review. A project is defined as any discretionary action that may cause a physical change to the environment. However, if the proposed activity is a project under CEQA, it may still be exempt from environmental review. Examples of projects include: 1. An activity directly undertaken by a public agency including: a. Public works construction activities; b. Clearing or grading of land; c. Improvements to existing public structures; d. Enactment and amendment of zoning ordinances, and e. Adoption and amendment of local general plans. 2. An activity that is supported in whole or in part, through public agency contracts, grants, subsidies, loans, or other assistance from a public agency. 3. An activity involving the public agency issuance of a lease, permit, license, certificate or other entitlement for use by a public agency. The following list contains types of activities that are not considered to be projects under CEQA: 1. Ministerial projects; 2. Certain continuing administrative or maintenance activities; 3. A City Council action placing a voter initiative on the ballot; and 4. Creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in physical environmental impacts. City of Rosemead Environmental Procedures 11 B. EXEMPTIONS Generally, there are two types of exemptions, statutory and categorical. Statutory exemptions apply to projects that the State Legislature has deemed to be exempt from CEQA [Article 18, including Guidelines § 15260 — 15285]. These include, but are not limited to: 1. Ministerial projects; 2. Building permits; 3. Business licenses; 4. Final subdivision maps; 5. Individual utility service connections and disconnections; 6. Emergency projects following a natural disaster; and 7. Certain limited housing projects that meet specified criteria. Categorical exemptions apply to certain classes of projects that the Secretary of Resources has determined do not cause significant effects [Article 19, including Guidelines §§ 15300 - 15332]. Categorical exemptions are not absolute and may not be used in all circumstances [Guidelines § 15300.2]. Categorical exemptions include, but are not limited to: 1. Replacement or reconstruction, 2. Minor alterations to land; 3. Minor land divisions; and 4. Projects characterized as in -fill development which meet the following conditions: a. The project is fully consistent with the applicable general plan policies as well as with applicable zoning designation and regulations; b. The proposed development will occur within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses; City of Rosemead Environmental Procedures 12 c. The project site has no value as a habitat for endangered, rare or threatened species; d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and e. The site can be adequately served by all required utilities and public services. In accordance with Guidelines §15300.4, the City of Rosemead has determined that the following activities are exempt under CEQA: 1. Utility service connections and disconnections; 2. Transportation permits; 3. Regulatory permits; 4. Home occupation permits; 5. Permits issued by the Public Works Division for routine repair, maintenance and development of minor and /or site - specific improvements related to work in the public right -of -way, including: sewer, curb and gutter, A.C. berms, cross - gutters, manholes, chain link fencing, signs, driveway approaches, sidewalks, roadway, A.C. and concrete paving, catch basins, storm drains and block walls that are no more than six (6) feet in height; 6. Designation of historically, culturally, or architecturally significant sites as landmarks or points of interest, and other protective actions, including but not limited to fagade easements, conservation easements, Mills Act contracts, preservation agreements, and other actions designed solely to prevent the demolition of historic resources. 7. Precise plan applications that require only administrative staff review. 8. Minor zoning code changes, refinements and clarifications; code changes that result in more effective environmental controls. This exemption excludes actions that significantly increase intensity, density or carrying capacity of development, vehicle trips or elimination of open space. Notice of Exemption (Guidelines § 15064 If a determination is made that the activity is exempt from CEQA, and the City approves or determines to carry out a project, a Notice of Exemption may be filed with the Los Angeles County Registrar- Recorder /County Clerk. This notice may be filed either by City staff or the project sponsor. The notice shall include a project description, the location, a finding that the project is exempt including its exemption City of Rosemead Environmental Procedures 13 type, and a brief statement of reasons to support the finding. Filing a Notice of Exemption initiates a 35 -day statute of limitations on legal challenges to the City's determination that the project is exempt. If the notice is not filed, a 180 -day statute of limitations will apply. (See Appendix "A" for the Notice of Exemption Form.) C. ENVIRONMENTAL IMPACT EVALUATION PROCEDURE If the proposed activity is a project under CEQA and is not exempt from review, an initial study shall be prepared. Furthermore, no public or private project shall be approved or granted until the requirements of CEQA have been satisfied in accordance with the procedures set forth herein. Pre - application Consultation (Guidelines § 15060.5) For a potential project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by the City or by a property owner, the Director shall, upon the request of a potential applicant and prior to the filing of a formal application, provide for consultation with the potential applicant to consider the range of actions, potential alternatives, mitigation measures, and any potential significant effects on the environment of the potential project. The Director may include in the consultation other public agencies that in the opinion of the Director may have an interest in the proposed project. Project Descriptions All public and private project applications that request a City of Rosemead discretionary permit or entitlement must be accompanied by an Environmental Information Form. (See Appendix "B" for the Environmental Information Form.) The description should provide enough detail to satisfy requirements for the preparation of an Initial Study. D. CARRYING OUT THE INITIAL STUDY Purposes of the Initial Study An Initial Study is a preliminary analysis by the City that: 1. Provides the City with information to use as the basis for deciding whether to prepare an EIR, Negative Declaration, or Mitigated Negative Declaration; 2. Enables an applicant or the City to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration or Mitigated Negative Declaration, 3. Assists in preparing an EIR, if one is required, by focusing on the effects determined may be significant, identifying the effects determined to be insignificant, and explaining the reasons for determining the significance or insignificance of each effect; City of Rosemead Environmental Procedures 14 4. Identifies whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects, 5. Assesses environmental impacts early in the design of a project, 6. Documents the factual basis for finding, in a Negative Declaration or Mitigated Negative Declaration, that a project will not have a significant effect on the environment, 7. Eliminates unnecessary EIRs; and 8. Determines if a previous EIR can be used for the project. Project Information Required for an Initial Study A primary source of project information for the Initial Study is the environmental information submitted by the applicant and received as part of the project information. The City may take up to thirty (30) days to review the project application and determine if it is complete. Once this decision is made the applicant may be notified by mail. If the application is deemed incomplete, the project sponsor will be notified as to what additional materials are necessary to complete the application. Failure to provide information will delay the project, and many unnecessarily result in findings of significant environmental effects. Early Consultation [Guidelines §15063(g)] As soon as the City determines that an Initial Study will be required for a project, the City shall informally consult with all responsible and trustee agencies responsible for resources affected by the project in order to obtain their recommendations as to whether an EIR, Mitigated Negative Declaration, or Negative Declaration should be prepared. Preparation and Content of Initial Studies The Initial Study (See Appendix "C" Environmental Checklist Form — Initial Study) is normally prepared by staff, but may be prepared by a consultant to the City. It includes the project description, location, environmental setting, environmental checklist, discussion of any impacts, and if necessary, mitigation measures and the mitigation monitoring program. Discussion statements should explain both yes and no responses to each question or category of questions on the checklist and provide documentation based on new or existing studies sufficient to provide reliable data for analysis of those impacts. Additionally, the Initial Study should include an examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls, and should also include the name of the person or persons who prepared or participated in the Initial Study, as well as any other information required by Section 15063(d). City of Rosemead Environmental Procedures 15 Complex projects may require special studies to be included as attachments to the Initial Study. Staff should consult with other City departments, outside public entities that may be a responsible for the project, and any individuals or organizations otherwise concerned. Determining Environmental Significance A significant effect on the environment is any substantial or potentially substantial adverse change in the physical conditions within the area affected by the proposed project [Guidelines § 15382]. Current conditions means the contemporaneous physical conditions rather than the hypothetical conditions reflecting build out under existing land use entitlements or maximum operations under an existing permit. If there has been made a fair argument, based on scientific and factual evidence that a project will have a significant effect and the effect cannot be mitigated or avoided, and EIR must be prepared. In determining significant effects, City staff shall consider: 1. Primary or Direct impacts, which are caused by and immediately related to the project such as construction - related impacts of dust, noise, and traffic of heavy equipment, 2. Secondary or Indirect impacts, which are not immediately related to the project, but which are caused indirectly by the project such as those associated with growth resulting from additional infrastructure capacity [Guidelines § 15064]; 3. Cumulative Impacts, such as those resulting from the total effect of a group of proposed projects or programs, over time, which includes projects that are approved but not yet constructed; 4. Economic and Social Changes resulting from a project shall not be treated as significant effects. Economic and social changes may be used, however, to determine that a physical change shall be regarded as a significant effect on the environment. Where a physical change is caused by economic or social effects of a project, the physical change may be regarded as a significant effect in the same manner as any other physical change resulting from the project. Alternatively, economic and social effects of a physical change may be used to determine that the physical change is a significant effect on the environment. If the physical change causes adverse economic or social effects on people, those adverse effects may be used as a factor in determining whether the physical change is significant. For example, if a project would cause overcrowding of a public facility and the overcrowding causes an adverse effect on people, the overcrowding would be regarded as a significant effect; City of Rosemead Environmental Procedures 16 5. Substantial Evidence: The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency. Substantial evidence means enough relevant information that a fair argument can be made that a project may have a significant effect on the environment, even though it may also be presented with other substantial evidence that the project will not have a significant effect. The City may also determine that revisions in the project plans or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and there is no substantial evidence in light of the whole record before the City that the project, as revised, may have a significant effect on the environment, then a mitigated negative declaration shall be prepared; 6. No Evidence: If the City determines there is no substantial evidence that the project may have a significant effect on the environment that cannot be mitigated, the City shall prepare a negative declaration or mitigated negative declaration; 7. Historical and Cultural Resources: A project with an effect that may cause a substantial adverse change in the significance of an historical, cultural, archaeological or paleontological resource is a project that may have a significant effect on the environment. The City shall identify potentially feasible measures to mitigate significant adverse changes in the significance of an historical resource ensuring that any adopted measures to mitigate or avoid significant adverse changes are fully enforceable through permit conditions, conservation easements, Mills Act contracts, operational and maintenance agreements, or other measures, and 8. Archeological and Native American Burial Sites: CEQA also applies to effects on archaeological sites and Native American burial sites. Environmental Factors Potentially Affected Are: F1 Aesthetics ❑ Agriculture El Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous ❑ HydrologyANater Quality Emissions Materials ❑ Land Use /Planning ❑ Mineral Resources ❑ Noise ❑ Population /Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic L1 Utilities /Services El Mandatory Findings of Mandatory Systems City of Rosemead Environmental Procedures 17 Significance will be judged by the intensity and longevity of the change, the size of the area affected, and deviation from existing conditions. The determination of whether or not a project has a significant effect on the environment will be based, in part, on the levels of significance as determined by the Initial Study. Time Limits [Guidelines § 15102] For private projects, the City will prepare an Initial Study within thirty (30) days of determining the application complete, or forty five (45) days if both the applicant and the City agree to a 15 -day extension (for public projects, these time limits do not apply). The Initial Study will determine if the City recommends adopting a Negative Declaration or if the project requires an EIR. Mitigation Measures [Guidelines § 15370] If there is a potential for significant impacts, every effort should be made to identify and incorporate mitigation measures into the project design prior to completion of the Initial Study. If identified impacts can be mitigated to a non - significant level, the time and expense associated with preparation of an EIR can be avoided. All potentially significant adverse impacts must be reduced in this fashion, or an EIR is required. Creativity, reasonableness, and practicality should be used in developing mitigation measures for identified impacts. Mitigation includes: 1. Avoiding the impact altogether by not taking a certain action, or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation; 3. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment, 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and /or 5. Compensating for the impact by replacing or providing substitute resources or environments. In developing mitigation measures, consideration should be given as to how the measures will be implemented and monitored. Mitigation measures should be drafted to include: 1. Quantifiable performance standards; 2. Clear indication as to who is responsible for performance; 3. Clear indication as to who is responsible for monitoring; and City of Rosemead Environmental Procedures 18 4. Clear expectation for phasing or compliance date All mitigation measures shall be required to be incorporated as conditions of project approval or otherwise be enforceable through agreements or other measures. Mitigation Monitoring Required [Public Resources Code § 21081.6] The required mitigations and conditions must be implemented. The mechanism for doing that it is a Mitigation Monitoring Program. Projects that are exempt from environmental review do not require mitigation measures. Projects that require an MND or EIR require approval of mitigation measures and a mitigation monitoring reporting program as part of the project approval. Implementation of the program involves a monitoring and notification system, the submittal of reports by the applicant or consultants, review of reports by City staff, and site inspections. When mitigation measures have been included in order to avoid significant effects on the environment, a mitigation monitoring program shall be prepared. This program shall be prepared to the specification of the Director. The project proponent or his /her designee shall be responsible for its implementation with oversight from the Director or his /her designee. All costs shall be borne by the project applicant. For mitigation of complicated or technical impacts, staff may require that a qualified consultant be hired at the developer's expense. The applicant shall designate an individual to work with City staff in developing monitoring programs, a summary of which shall be included in the environmental document to make certain each mitigation measure can be monitored. Monitoring programs shall be tailored to appropriately report on a particular mitigation measure called for in the environmental review document. Monitoring programs generally shall contain the following components: 1) procedures for monitoring the progress of mitigation during project construction and afterward; 2) a regular schedule for progress reports, 3) enforcement procedures; and, 4) an on- site environmental coordinator to administer the program and act as a liaison between the City and the project team. The City may also require reporting or monitoring programs from outside agencies that have jurisdiction over the natural resources affected by the project. If agencies require mitigation measures to be imposed on a particular project, that agency is required to prepare and submit a monitoring program related to those mitigation measures. Where mitigation and /or monitoring requires the involvement of a Native American tribe with relation to cultural, archeological or paleontological impacts, the project applicant may choose which of the tribes to use for any such monitoring or consultation so long as the chosen tribe is on the list maintained by the Native City of Rosemead Environmental Procedures 19 American Heritage Commission as a tribe in the area. E. NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS When to Use A Negative Declaration is the appropriate environmental documentation under the following circumstances: 1. If the Initial Study does not identify any significant impacts; or 2. If the Initial Study identifies potentially significant impacts, but mitigation measures have been included in the project for all identified impacts, enabling the Initial Study to conclude that there are not significant environmental impacts associated with implementation of the project. If the Initial Study identifies significant adverse impacts and sufficient mitigation measures have not been included in the project to offset these impacts, staff will work with the applicant to draft mitigation measures and include them as part of the project. Project approval will be contingent on the applicant accepting and adhering to the mitigation measures imposed upon the project. Under these circumstances, a Mitigated Negative Declaration is the appropriate environmental documentation. For the purposes of this section, all references to Negative Declarations include Mitigated Negative Declarations. Contents of Negative Declarations (Guidelines § 150711 A Negative Declaration consists of a brief description of the project, including its commonly used name, the applicant's name, a location map, the Initial Study, the completed environmental checklist, the environmental setting discussion, and a draft mitigation monitoring program, if mitigation is identified. It also includes a summary of the conclusions reached to support findings that the project will not have a significant impact on the environment. Public Notice for Negative Declarations [Guidelines § 1507Z 15073] The notice for public review and notice of intent to approve a Negative Declaration, and the notice of public hearing on the Negative Declaration may be combined, but shall not be less than the review period specified in Public Resource Code Section 21091, and shall be in the following manner: 1. Mailed or delivered to the owner of the subject real property or the property owner's duly authorized agent, and to the project applicant. 2. Mailed or delivered to each local agency (if not the City) which is expected to provide water, sewerage, streets, roads, schools or other essential facilities and services that may be significantly affected. City of Rosemead Environmental Procedures 20 3. Mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. If the number of owners to whom the notice would be mailed or delivered pursuant to this paragraph or subsection (1) is greater than one thousand (1,000), in -lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one - eighth (1/8) page in at least one newspaper of general circulation within the City. 4. Notice shall be published in at least one newspaper of general circulation within the City. 5. This notice may also be consolidated and included with the notice of other land use actions (for example, zone changes, conditional use permits, etc.) if such applications are being considered. 6. Public notices shall be provided to responsible agencies and other agencies who have commented regarding a particular negative declaration or those agencies and /or individuals who have specifically requested a copy of such notice in writing. The review period shall generally be twenty (20) days. However, if the project is of statewide, regional or area -wide significance, the review period shall be increased to thirty (30) days, unless a shorter period is approved by the Office of Planning and Research. Comments received during the consultation and review period for the Negative Declaration which raise significant environmental issues shall be responded to by City staff with all comments received and any responses prepared being forwarded to the approving authority prior to the adoption of the Negative Declaration. City staff and /or approving authority may decide based on any new information provided that additional mitigation or preparation of an EIR is necessary at any time during this process. However, if any new information significantly modifies a project, additional public review shall be given. Time Limits [Guidelines § 15107] The Negative Declaration for a private project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, must be completed and approved within one hundred eighty (180) days from the date that an application for a private project is deemed complete. Any unreasonable delays resulting from failure of the applicant to provide information requested by the City, which is necessary to complete the Negative Declaration, shall suspend these time limits. City of Rosemead Environmental Procedures 21 Notice of Determination (Guidelines § 150751 After the Negative Declaration has been approved, City staff shall file a Notice of Determination with the County Clerk. (See Appendix "D" for Notice of Determination Form) This notice shall be filed and posted within five working days following project approval. If the project requires a discretionary approval from any state agency, the notice shall also be filed with the Governor's Office of Planning and Research. Filing and posting the Notice of Determination starts a 30 -day statute of limitations on court challenges to CEQA approvals. Failing to file the Notice of Determination within the required time period will extend the statute of limitations to one hundred eighty (180) days. F. ENVIRONMENTAL IMPACT REPORTS (EIRs) If a significant impact is identified that has not been, or cannot be adequately mitigated, the Initial Study shall conclude that the project has significant environmental effects and that an EIR is required. Types of EIRs [Guidelines §§ 15160- 15179.5] In order to allow environmental review to occur as efficiently as possible, CEQA allows for the preparation and use of different types of EIRs. If an EIR is required, the City shall determine whether to: 1. Use a previous EIR; 2. Prepare a project EIR; 3. Prepare an Addendum to a previous EIR; 4. Prepare a Supplement to a previous EIR; 5. Prepare a Subsequent EIR; 6. Prepare a Program EIR; 7. Use a Staged EIR; or 8. Use a Master EIR; Notification of Project Proponent and Payment of Fees City Staff shall notify the applicant by letter that an EIR is required. The applicant must then authorize City staff to continue processing the application and remit the required fees as determined in accordance with the fee schedule adopted by the City Council. City of Rosemead Environmental Procedures 22 Notice of Preparation (Guidelines § 150821 After determining that an EIR is required, the City shall prepare and distribute a Notice of Preparation of an EIR to: 1. The Office of Planning and Research; 2. Responsible agencies; 3. Trustee agencies with resources affected by the project, and 4. Federal agencies involved in approving or funding the project. Notice to these agencies shall be sent by certified mail or any other transmittal method that provides the City with a record that the notice was received. The Notice of Preparation shall consist of the City Notice of Preparation Form (Appendix "E "), and may include the Initial Study. The Notice of Preparation shall also be sent to individuals or organizations who have previously requested such notification, and may also be sent to adjacent property owners. The purpose of this notice is to inform responsible agencies, neighboring jurisdictions, area residents, and public interest groups that an EIR is being prepared, and to seek input about significant environmental issues and mitigation measures that should be explored. The response period for the Notice of Preparation is a minimum of thirty (30) days, but may be longer for a controversial or complicated project [Guidelines § 15082 (b)] Scoping Meetings (Guidelines §§ 15082, 150831 Scoping is an effective way to bring together and resolve the concerns of affected individuals. At least one scoping meeting shall be conducted by the City as lead agency for any project of statewide, regional, or area wide significance or when requested by Caltrans when the project may affect highways or other Caltrans' facilities. Notice of the meeting shall be sent to: 1. Any city or county that borders on the City of Rosemead; 2. Responsible agencies, 3. Trustee agencies with resources affected by the project; City of Rosemead Environmental Procedures 23 4. Public agencies that have jurisdiction by law with respect to the project; and 5. Any organization or individual who has filed a written request for the notice. Scoping sessions may be called by the City as lead agency, responsible agency, trustee agency, Office of Planning and Research, or a project applicant, in which case the meeting shall be convened by the City within thirty (30) days of the request. When the Director finds it appropriate, a community scoping session may be held before the advisory or decision making body. If a scoping session is required (as it is when preparing an EIR /EIS jointly with a federal agency), where possible it should be noticed in the Notice of Preparation and advertised, as deemed appropriate by the Director. Scope of an EIR (Guidelines § 15082 and § 150831 The breadth of analysis in the EIR shall be determined by the Initial Study, comments of the scoping session (if required), and responses to the Notice of Preparation. In addition, the City may hold scoping meetings with responsible and trustee agencies, and any person or organization it believes will be concerned with the environmental effects of the project. The EIR should focus on potentially significant impacts, and need not address items determined to be insignificant by the Initial Study, or items not raised in response to the Notice of Preparation and from previous scoping meetings. Notice of Completion of a Draft EIR (Guidelines §§ 15085, 150861 When the Draft EIR is completed and ready for public circulation, a Notice of Completion must be filed with the Governor's Office of Planning and Research (OPR). (See Appendix "F" for Notice of Completion form.) The Notice of Completion shall comply with Guidelines § 15085. In addition, the City shall also send notice to: 1. Any city or county that borders on the City of Rosemead; 2. Responsible agencies; 3. Trustee agencies with resources affected by the project; 4. Public agencies that have jurisdiction by law with respect to the project, 5. For a project of statewide, regional, or area -wide significance, the transportation planning agencies and public agencies which have transportation facilities which could be affected by the project as further defined in Guidelines § 15086; and City of Rosemead Environmental Procedures 24 6. To those California Native American tribes on the contact list maintained by the Native American Heritage Commission where the City has reason to believe that there may be an impact on Native American historic, cultural or sacred sites. Public Review of Draft EIR (Notice of Availability) [Guidelines § 15087] At the time the Notice of Completion is filed with the Office of Planning and Research, the City shall provide public Notice of the Availability of the draft EIR to all interested organizations and individuals who have previously requested such notice. The notice shall include the staff person to contact, length of the review period, and deadline for receipt of comments, as well as other information required by Guidelines § 15087(c). This notice may also be consolidated with the notice of other land use actions (for example, zone change, general plan amendment, conditional use permit, etc.) if such actions are being considered, but shall not be less than the review period specified in Guidelines § 15087, and shall be given in the following manner: 1. Mailed or delivered to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. 2. Mailed or delivered to each local agency (if not the City) expected to provide water, sewerage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected. 3. Mailed or delivered to all the owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. If the number of owners to whom the notice would be mailed or delivered pursuant to this paragraph or subsection is greater than one thousand (1,000), in -lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one - eighth (1/8) page in at least one newspaper of general circulation within the City at least ten days prior to the hearing. 4. Notice shall be published in at least one newspaper of general circulation within the City. 5. Public notice shall be provided to responsible and other agencies who have commented regarding a particular Draft EIR, or those agencies and /or individuals who have specifically requested a copy of such notice. Copies of the Draft EIR for State agencies are distributed through the State Clearinghouse. City of Rosemead Environmental Procedures 25 6. A copy of the notice shall be posted in the County Clerk's office for at least thirty (30) days. However, if the project is of statewide, regional, or area - wide significance, the review period shall be increased to forty five (45) days, unless a shorter period is approved by the Office of Planning and Research. Availability for Review During the public review period, the EIR, including a copy of the Initial Study, shall be available to the public in the Community Development Department and the public library. Documents that are incorporated by reference shall be available for review in the Community Development Department. Evaluation of and Responses to Comments [Guidelines § 15088] After the review period for the draft EIR closes, staff will assemble all written comments (including e- mails) and make note of comments made at any public hearing(s) during the review period. Written responses shall be provided for all comments received during the review period, unless a response is not appropriate, in which case an explanation will be provided as to why a response is not warranted. The responses will be prepared by staff or the consultant, as determined by the Director. At least ten days before certifying the EIR, the City shall provide a written response to comments to any public agency that commented on the draft EIR. The written response shall describe the disposition of significant environmental issues which were raised and give reasons why specific comments and suggestions were not accepted. The City may also provide a written response to comments made by individuals who provided comments during the public review period. If comments are received after the close of the public review period, but prior to the close of any hearing on the project, the City shall endeavor to respond to such comments, but need not provide a separate written response. The City shall recirculate the EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Guidelines § 15087 but before certification. Definitions of "significant new information" can be found in Guidelines § 15088.5. Preparation of the Final EIR [Guidelines § 15132] The Final EIR consists of the Draft EIR, comments received, a list of persons and organizations who made comments, and the response to comments document as well as any other information added by the City. Alternatively, the Draft EIR may be revised to incorporate responses to comments into the text of the report. If this format is utilized, the Final EIR would consist of the revised Draft EIR, comments received, a list of persons and organizations that commented, and an indication of where each comment raised is addressed in the revised text. City of Rosemead Environmental Procedures 26 Certification of the Final EIR and Time Limits [Guidelines § 15090] The decision making body with approval authority over the proposed project shall certify that the final EIR is in compliance with CEQA, was reviewed and considered prior to project approval, and reflects the independent judgment of the City. The decision maker(s) shall certify the Final EIR for private projects within one year of accepting the application as complete. Upon consent of the applicant and the City, the one -year limit may be extended an additional ninety (90) days. Delays by the applicant in providing necessary information shall suspend these time periods. Alternatives [Guidelines § 15126.6] As part of its evaluation, the decision maker shall: 1. Determine that the proposed EIR meets the requirement of the CEQA and State Guidelines for a full and complete range of reasonable alternatives, 2. Confirm the identification in the EIR of the alternative which would present the least environmental damage as the "environmentally superior" alternative or identify a different alternative as the "environmentally superior" alternative, 3. In the event that the environmentally superior alternative is the "no project' alternative, identify the next least damaging alternative in its action on the draft, and 4. Select and approve a project alternative that is environmentally superior, or make the necessary findings as to why the environmentally superior alternative(s) are not feasible. Findings [Guidelines § 15091] The decision maker shall not approve or carry out a project for which an EIR identifies one or more significant environmental effects unless it makes one or more written findings for each of the significant effects, accompanied by a brief explanation of the rationale for each finding. Findings shall be supported by substantial evidence in the record of project review. The possible findings are: 1. Changes have been required, or incorporated into, the project that avoid or substantially lessen the significant environmental effects as identified in the final EIR. 2. Changes that would avoid or substantially lessen the significant environmental effects are within the jurisdiction of another public agency or have already been adopted by another agency 3. Specific economic, legal, social, technological, or other considerations that render such measures or alternatives not feasible. City of Rosemead Environmental Procedures 27 Approval [Guidelines § 15092] After considering the Final EIR, the decision maker shall not approve a project for which an EIR was prepared unless either the project as approved will not have a significant effect on the environment, or all avoidable significant effects on the environment have been eliminated or substantially lessened, and any remaining significant effects on the environment are determined to be unavoidable under Guidelines § 15091 and acceptable due to overriding concerns as described in Guidelines § 15093. Statement of Overriding Considerations [Guidelines § 150931 If the benefits of a proposed project outweigh the unavoidable adverse effects, such effects may be considered "acceptable ". If the decision maker approves a project that allows the occurrence of significant effects, it shall adopt a Statement of Overriding Considerations that states specific reasons to support its action based on the Final EIR and /or other information in the record. The Statement of Overriding Considerations shall be supported by substantial evidence in the record. The Statement is in addition to the findings required above. G. GENERAL PROCEDURES FOR ENVIRONMENTAL DOCUMENTS Preparation of Environmental Documents The Negative Declaration or EIR shall be prepared by staff or a consultant selected by the Director and retained by the City [See Guidelines § 15084]. Prior to retaining the consultant, the selected firm shall demonstrate to the satisfaction of the Director that it has no conflict of interest in regard to the project (i.e., the firm shall not have recently done work for the applicant or represented the applicant in other cities). The applicant shall be required to pay the total estimated cost of the environmental document, including any studies that may be required, to the City, prior to the preparation proceeding. The City shall retain full jurisdiction over the process to ensure an independent, objective, accurate and thorough document. The Director is responsible for the adequacy and objectivity of environmental documents presented to the decision maker. Developer deposits shall in no case be paid directly to the consultant, but instead shall be deposited in the City's general fund or deposit account and disbursed to the preparer based on its contract with the City. Contact between the consultant and the applicant shall be limited. Direct contacts by the applicant with the consultant or the consultant with the applicant without prior knowledge and approval of the Director are prohibited. As part of the adoption of the Negative Declaration or certification of the EIR the decision maker must determine that the document reflects the independent judgment of the City. City of Rosemead Environmental Procedures 28 Screen -check Drafts The pre - circulation draft of the Environmental Document is referred to as the "Administrative" or "Screen- check" draft. This draft is considered to be a working document which will be circulated among City staff and responsible agencies, if appropriate, and is not available for public review. The purpose of staff review of the Screen -check draft is to evaluate the document for adequacy and accuracy prior to public circulation. Consideration and Approval of Environmental Documents (See Guidelines § 15074) The following requirements shall apply: 1. An advisory body making a recommendation on the project shall consider the proposed Environmental Document before making its recommendation. 2. The Negative Declaration must be adopted, or the EIR must be certified, by the decision maker prior to approval of the project. 3. If the Environmental Document is being processed concurrently with the project entitlement, the advisory body and decision making body shall consider the Environmental Document at the time of any public hearing that may be required for the project. 4. The decision making body shall consider the proposed Environmental Document along with any comments received during the review process and any comments from an advisory board and various responses brought forward. 5. At the discretion of the Director, public notice for a required public hearing may be combined with a public notice for the Environmental Document, provided the public notice complies with State law. While no hearing is required on the Environmental Document if no separate hearing is required on the project, it is the City's policy to provide a public hearing on all draft EIRs, and, at the Director's discretion, on other Environmental Documents where circumstances warrant. 6. The City shall recirculate an Environmental Document when the document must be substantially revised after public notice of its availability has previously been given, but prior to its approval in accordance with the Guidelines (Guidelines §§ 15073.5 (Negative Declarations), 15088.5 (EIRs)]. City of Rosemead Environmental Procedures 0401 Fish & Wildlife Fees Fish & Wildlife Code § 711.4 requires a payment to the California Department of Fish and Wildlife ( "CDFW ") for projects for which a Negative Declaration or EIR has been prepared. No fee is required for projects which are exempt from CEQA. The fee is required to be paid in order for a project to be considered to be operative, vested or final and the permits to be valid. City staff shall coordinate the environmental document review with CDFW. If CDFW determines that there will not be an impact on fish and wildlife, CDFW will sign a No Effect Determination ( "NED "). [14 California Code of Regulations § 735.5.] All of the following must apply for CDFW to make such a determination. The project would not result in or have the potential to result in: 1. Harm, harassment, or taking of any fish and /or wildlife species; 2. Direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and /or wildlife species; 3. Removal of vegetation with potential to support wildlife; 4. Noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and /or wildlife directly or from a distance; and 5. Any interference with the movement of any fish and /or wildlife species. In order to obtain this determination, staff shall file a "No Effect Determination Request" form (Appendix "G ") along with aerial photographs (if available), or topographic maps and a copy of the Environmental Document to the South Coast Region, Department of Fish and Wildlife, 3883 Ruffin Road, San Diego, CA 92123. These documents should be submitted at the time that the Negative Declaration or EIR is made available for review, or as soon thereafter as possible. If CDFW determines that there will be no effect on fish and wildlife, it should issue a written no effect determination. When the determination is received, the City will file two copies of the NED with the County Clerk along with the Notice of Determination, and the appropriate filing fee. The City shall not delay filing a Notice of Determination pending a determination by CDFW. If a NED is made after the notice of determination has been filed, an applicant may request a refund by contacting CDFW by phone at (916) 651 -0603 or by email at R5NoEffect @dfg.ca.gov. Upon verification, CDFW will issue a refund if a lesser fee was required based on CDFW's review. CDFW filing fees are subject to change annually. Current fees are posted on the CDFG website: http: / /www.dfg.ca.gov. City of Rosemead Environmental Procedures 30 K APPEALS Appeal of the Decision to Require an EIR to the Planning Commission [Guidelines § 15087] The applicant or any organization or individual may appeal the decision to require an EIR. The appeal shall be made by filing a written request with the City Clerk, together with an appeal fee, as established by a resolution of the City Council, within ten days from the date the Notice of Preparation was published or mailed, whichever occurs last. The written request for appeal should contain the name, address and phone number of the appellant, the name, location and application number of the project being appealed, and the reason for the appeal. The appeal shall be heard by the Planning Commission within thirty (30) days after it is filed. At the conclusion of the hearing, the Planning Commission shall sustain the decision of the Director to require a full EIR or a focused EIR or shall modify the decision of the Director to require a full EIR by authorizing a focused EIR, or shall reverse the decision of the Director and direct that a Negative Declaration be prepared. The decision of the Commission shall be final, unless appealed to the City Council. During the period for appealing the decision of the Director to require an EIR, and for ten days after the decision becomes final, any interested organization or person may submit environmental comments, objections or concerns about the project to the Community Development Department in writing. Such comments shall be used in the preparation of the draft EIR. Appeal of Decision to Require an EIR to the City Council If the Planning Commission is not the final decision maker regarding the Environmental Document (because it is not the final decision maker on the project), there shall be a right to appeal the decision regarding the environmental document to the City Council. If the underlying project must first be appealed to the Planning Commission before an appeal may be taken to the City Council, then the appeal of the Environmental Document must also first be appealed to the Planning Commission. The appeal shall be made by filing a written request with the City Clerk, together with an appeal fee, as established by a resolution of the City Council, within ten days from the date of the decision on the environmental document. The written request for appeal should contain the name, address and phone number of the appellant; the name, location and application number of the project being appealed; and the reason for the appeal. The appeal hearing shall be conducted within thirty (30) days after it is filed. Any member of the City Council may appeal the decision by so informing the City Clerk in writing during the ten day appeal period. City of Rosemead Environmental Procedures 31 Project Appeals If the person or entity filing the appeal also is appealing the project decision, the project appeal should be combined with the environmental appeal and a single appeal fee charged. An appeal of a project shall not be deemed to include an appeal of the Environmental Document relating to the project unless the appeal so specifies and an appeal of the Environmental Document shall not be deemed to include an appeal of the project unless the appeal so specifies. Notice of Determination [Public Resources Code § 21152, Guidelines §§ 15075, 15094] Within five working days after the approval of a project becomes final, the City shall file a Notice of Determination with the County Clerk (See Appendix "D" for Notice of Determination form), a project does not become final until the appeal period has run out. If the project requires a discretionary approval from any State agency, the notice shall also be filed with the Governor's Office of Planning and Research. Filing and posting the Notice of Determination starts a 30 -day statute of limitations on court challenges to CEQA approvals. Failing to file the Notice of Determination extends the statute of limitations to one hundred eighty (180) days. I. ENVIRONMENTAL DOCUMENTS ORIGINATING FROM OTHER AGENCIES Review and Comments Environmental documents sent to the City for review should be forwarded to the Community Development Department for distribution to specific City departments as applicable. The Community Development Department (or other designated department) will receive comments from other City departments and will forward these comments, along with its own, to the Lead Agency which has requested the review and comment. Public Hearings A public hearing may, but need not, be held on such documents. The City has the discretion to hold a public hearing and /or refer the documents to the Planning Commission or City Council for their review and comments prior to forwarding the City's comments to the Lead Agency. SECTION 3.0 SPECIFIC IMPACTS A. GREENHOUSE GASES (GHGS) The most significant recent changes to the analysis of environmental impacts are associated with the cluster of laws adopted with respect to global warming. CEQA now requires that a determination be made relating to the significance of greenhouse gas emissions. [Guidelines § 15064.4] City of Rosemead Environmental Procedures 32 Factors to Consider The City shall consider the following factors, among others, when determining the significance of GHG impacts: 1. The extent to which the project may increase or reduce GHG emissions as compared to the existing environment; 2. Whether the project emissions exceed a threshold that the City determines applies to the project, including the thresholds set forth below; and 3. The extent to which the project complies with regulations or requirements of a plan for the reduction or mitigation of GHGs. GHG Mitigation Measures [Guidelines § 15126.4(c)] GHGs shall be subject to mitigation measures and monitoring. Mitigation measures may include: 1. Measures in an existing plan or mitigation program. 2. Reductions in emissions resulting from a project through implementation of project features, project design, or other measures; 3. Off -site measures, including offsets that are not otherwise required; 4. Measures that control greenhouse gases; 5 Applicants should view the following website of the California Attorney General for ideas of design features that can be incorporated into a project to reduce GHGs: http //ag.ca.gov/qlobalwarming/pdf/GW mitigation measures pdf Additional information is available on the California Governor's Office of Planning and Research's CEQA Guidelines and Greenhouse Gases webpage: http://www.opr,ca.gov/index.php?a=cega/index.html B. WATER ASSESSMENTS [Water Code §§ 10910 - 10915, Guidelines § 15155] Water assessments shall be included in an environmental document prepared for a "water- demand project." At the time that the City determines that an environmental document is required for such a project, it must identify the water provider in order to request the water assessment. The water assessment must contain an evaluation of a twenty (20) year water supply for the project, as well as other existing and planned future uses. City of Rosemead Environmental Procedures 33 The City may include its own evaluation of the water agency's assessment in the environmental document. The City shall make a determination, based on the entire record, whether the projected water supplies will be sufficient to satisfy the demands for the project in addition to existing and planned future uses. If the City determines that the supplies will not be sufficient, this determination must be included in its findings for the project. City of Rosemead Environmental Procedures 34 APPENDIX A Reserved NOTICE OF EXEMPTION To: ❑ Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95814 O County Clerk County of Los Angeles 12400 E. Imperial Highway Norwalk, CA 90650 Project Title: Project Project Location — Specific: From: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Project Location — City: City of Rosemead Project Location — County: County of Los Angeles Description of Nature, Purpose, and Beneficiaries of Project: Name of Public Agency Approving Name of Person or Agency Carrying Out Project: Exempt Status: (check one) ❑ Ministerial (Sec, 21080 (b)(1); 15268), ❑ Declared Emergency (Sec. 21080(b)(3); 15269(c) ❑ Emergency Project (Sec. 21080(b)(4); 15269 (b)(c); ❑ Categorical Exemption. State type and section number: ❑ Statutory Exemptions. State code number: Reason why project is exempt: Lead Agency Contact Person: Code/Telephone /Extension: If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project ❑ Yes ❑ No Signature: Date: Title: 0 Signed by Lead Agency ❑ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. APPENDIX B Reserved www cft&o"mead.om ENVIRONMENTAL INFORMATION FORM Date Filed: GENERAL INFORMATION 1. Name and address of developer or project sponsor: 2. Address of project: Assessors Block and Lot Number: 3. Name, address and telephone number of person to be contacted concerning this project: 4. Indicate number of the permit application for the project to which this form pertains: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional and federal agencies: 6. Existing Zoning district: 7. Proposed use of site (Project for which this form is filed): EXISTING PROPERTY INFORMATION This section of the Environmental Assessment is for information regarding the Existing property only. `Your application is complete when all attached supplemental applications are completed and submitted. The project planner will notify you if any additional items or reviews are necessary. Square Footage of Property: Surrounding Land Uses: North: South: East: West: PG 1 COMMUNITY DEVELOPMENT DEPARTMENT // PLANNING DIVISION Average slope of land if over 15% 8838 EAST VALLEY BOULEVARD T 628- 569 -2140 ROSEMEAD. CA 91 T70 F 626 -307 -9216 LF Total gross square footage Total commercial gross square footage Total residential gross square footage Year built Building footprint in square feet Open space / landscaping square footage Paving square footage Number of parking spaces Height of building in feet Number of stories Number of housing units Square feet to be demolished Number of covenanted affordable units demolished Number of housing units demolished Number of hotel / motel rooms to be demolished To be altered? ( yes / no ) To be relocated? ( yes I no ) Un reinforced masonry? ( yes I no ) Type of use (i.e. residential, commercial, mixed uses, `Continue to Proposed Information Section ADDRESS OF LOCATIONS OF EXISTING BUILDINGS: Building A Building B: Building C: Building D: PG 2 COMMUNITY DEVELOPMENT DEPARTMENT // 8838 EAST VALLEY BOULEVARD T 626569 -2140 PLANNING DIVISION ROSEMEAD, CA 91770 F 626307 -9218 PROPOSED PROJECT INFORMATION This section of the Environmental Assessment is for information regarding the Proposed project only. 1. Estimated Valuation: 2. Explain if the project is located in a geological hazard area (i.e. hillside area, Seismic fault, erosive (For more information, please review the City's Geotechnical and Engineering Geology Consultation and Review Process Handout for projects that are required to submit these special studies.) 3. Amount of grading proposed: Cut: Fill: Balance: Imported: Exported: 4. Type of development (single family residence, apartments, condominiums, commercial, industrial, institutional): PROPOSED BUILDING(S) BUILDING A BUILDING B BUILDING C BUILDING D Total gross squat Total commercial Total residential c in square feet Height of building in feet Number of stories Number of parking spaces Number of housing units Number of bedrooms Hotel / motel number of rooms Hours of operation Number of employees Square feet of restaurant seating area Number of fixed seats (restaurant) Number of hotel / motel rooms to be UBC occupancy group UBC construction type Fire sprinklers? yes / no Type of use (i.e. residential, commercial, If there are additional buildings on the site, please attach a separate sheet with the above information for each building. PG 3 COMMUNITY DEVELOPMENT DEPARTMENT It 8838 EAST VALLEY BOULEVARD T 626569 -2140 PLANNING DIVISION ROSEMEAD, CA 91770 F 626-307 -9218 5. If residential, include the number of units, schedule of unit sizes, range of sales prices or rents, and type of household size expected. 6. If commercial, indicate the type, whether neighborhood, city or regionally orientated, square footage of sales area, and loading facilities. 7. If industrial, indicate type, estimated employment per shift, and loading facilities. 8. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 9. Total housing units: 10. Is this an affordable Housing Project? Yes ❑ No ❑ # of affordable units: ATTACH AN EXPLANATION of any questions answered with yes. 11. Is this a phased project? Yes ❑ No ❑ 12. Will there be demolition or removal of any structure of any age? Yes ❑ No ❑ 13. Will there be any alteration of any existing structure? Yes ❑ No ❑ 14. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). PG 4 COMMUNITY DEVELOPMENT DEPARTMENT// 8838 EAST VALLEY BOULEVARD T 626 - 669 -2140 PLANNING DIVISION ROSEMEAD, CA 91770 F 626307 -9218 Yes No 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. ❑ 2. Change in scenic vistas from existing residential areas or public lands or roads. 3. Change in patter, scale or character of general area of project. PG 4 COMMUNITY DEVELOPMENT DEPARTMENT// 8838 EAST VALLEY BOULEVARD T 626 - 669 -2140 PLANNING DIVISION ROSEMEAD, CA 91770 F 626307 -9218 ENVIRONMENTAL SETTING 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshot or polaroid photos will be accepted. 2. Describe the surroundings properties, including information on plant and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshot or polaroid photos will be accepted. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date PG 5 Signature For COMMUNITY DEVELOPMENT DEPARTMENT ]1 6636 EAST VALLEY BOULEVARD T 62 6-569.2140 PLANNING DIVISION ROSEMEAD, CA 91770 F 62 &307 -9216 Yes No 4. Significant amounts of solid waste or litter. ❑ 5. Change in dust, ash, smoke, fumes or odors in vicinity. ❑ 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alternation of existing drainage patterns. ❑ 7. Substantial change in existing noise or vibration levels in the vicinity. ❑ Li 8. Site on filled land or on slope of 10 percent or more. 9. Use of disposal of potential hazardous materials, such as toxic substances, fiammables or explosives. ❑ 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) ❑ 12. Relationship to a larger project or series of projects. ❑ ENVIRONMENTAL SETTING 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshot or polaroid photos will be accepted. 2. Describe the surroundings properties, including information on plant and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshot or polaroid photos will be accepted. CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date PG 5 Signature For COMMUNITY DEVELOPMENT DEPARTMENT ]1 6636 EAST VALLEY BOULEVARD T 62 6-569.2140 PLANNING DIVISION ROSEMEAD, CA 91770 F 62 &307 -9216 i CITY OF ROSEMEAD HAZARDOUS WASTE SITE DECLARATION SHEET I certify that I have reviewed the Hazardous Waste and Substance Sites List on file with the State of California Department of Toxic Substances Control in conformance with the requirements of Government Code Section 65962.5. There are no Hazardous Waste and Substances Sites listed for the subject property or nearby the property. This statement is true and correct to the best of my knowledge. Signature of Owner /Representative: Printed Name of Owner /Representative: PG6 COMMUNITY DEVELOPMENT DEPARTMENT I/ PLANNING DIVISION 8838 EAST VALLEY BOULEVARD T 626 - 569 -2140 ROSEMEAD. CA 91770 F 626307 -9218 APPENDIX C Reserved ENVIRONMENTAL CHECKLIST FORM CITY OF ROSEMEAD PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 1. Project title: 2. Lead agency name and address: 3. Contact person and phone number: 4. Project location: 5. Project sponsor's name and address: 6. General plan designation: 7. Zoning: 8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) 9. Surrounding land uses and setting. (Briefly describe the project's surroundings.) 10. Other Agencies whose approval is required (e.g., permits, financing approval, or participation agreement). ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources F-1 Emissions Gas Emissions ❑ Land Use /Planning ❑ Population /Housing ❑ Transportation/Traffic ❑ Agriculture ❑ Air Quality Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Hazards & Hazardous ❑ Hydrology/Water Quality Materials ❑ Mineral Resources ❑ Public Services El Systems Systems ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Appendix A DETERMINATION On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project may have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revision or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name Appendix A EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole site, cumulative as well as project - level, inc as operational impacts. action involved, including off -site as well as on- rect as well as direct, and construction as well 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation from Section XVII, "Earlier Analyses ", may be cross - referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different ones. 9. The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. 3 Appendix A ENVIRONMENTAL CHECKLIST 4 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact 1. Aesthetics Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ ❑ vista? _ b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ El 11 E] outcroppings, and historic building within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ ❑ surrou d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ❑ ❑ views in the area? 2. Agriculture and Forestry Resources - - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project. a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, ❑ ❑ ❑ or a Williamson Act contract? ---- --- - -- c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section ❑ ❑ ❑ ❑ 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ ❑ forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ ❑ nature, could result in conversion of Farmland, to non - agricultural use? 4 Appendix A c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑ ❑ pollutant c oncentrations ? e) Create objectionable odors affecting a ❑ ❑ ❑ ❑ substantial number of people? 4. Biological Resources Would the project. Less Than Have a substantial adverse effect, either directly Potentially Significant Less Than Significant With Significant No Environmental Iss I mp a c t M i t ig a tion Im Impact 3. Air Quality Department of Fish and Game or U.S. Fish and Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project.' Have a substantial adverse effect on any a) Conflict with or obstruct implementation of the ❑ ❑ ❑ ❑ applicable air quality plan? policies, and regulations or by the California b) Violate any air quality standard or contribute Department of Fish and Game or U.S. Fish and substantially to an existing or projected air ❑ ❑ ❑ ❑ quality violation? protected wetlands as defined by Section 404 of c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑ ❑ pollutant c oncentrations ? e) Create objectionable odors affecting a ❑ ❑ ❑ ❑ substantial number of people? 4. Biological Resources Would the project. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ ❑ policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and W ildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ ❑ policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Serv c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ❑ ❑ to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ ❑ migratory wildlife corridors, or impede the use of wi ldlife nursery sites? 5 Appendix A Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ ❑ Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5. Cultural Resources Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ❑ ❑ ❑ in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ ❑ pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ ❑ geol feature? d) Disturb any human remains, including those El El El ❑ interred outside of formal cemeteries? 6. Geology and Soils MMOW Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or ❑ ❑ ❑ ❑ based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ ❑ iii) Seismic- related ground failure, including ❑ ❑ ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ ❑ b) Result In substantial soil erosion or the loss of ❑ ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- ❑ ❑ ❑ ❑ or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Appendix A Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitiga Im pact Impact d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code ❑ ❑ ❑ ❑ (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of wastewater? 7. Greenhouse Gas Emissions Would the project. a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant ❑ ❑ ❑ ❑ impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing ❑ ❑ ❑ ❑ the emissions of greenhouse gases? 8. Hazards and Hazardous Materials Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ ❑ or disposal of hazardo materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ ❑ likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ ❑ waste within one - quarter mile of an existing or proposed scho - - d) — — - -- -- -- - - -- -- -- - -- Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code 65962.5 and, as a result, ❑ ❑ ❑ ❑ would it create a significant hazard to the public or th environment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ ❑ public use airport, would the project result in a safety hazard for people residing or working in the project a rea? f) For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ ❑ hazard for people residing or working in the p roject area? Appendix A Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? 9. Hydrology and Water Quality Would the project. a) Violate any water quality standards or waste ❑ ❑ ❑ ❑ discharge req uirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ❑ ❑ rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on- or off -site? — --------- - d) - -- — Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or ❑ ❑ ❑ substantially increase the rate or amount of surface runoff in a manner, which would result in floo ding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ ❑ ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherw substantially degrade water quality? ❑ ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard ❑ El 11 11 Boundary or Flood Insurance Rate Map or other flood h azard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood ❑ ❑ ❑ ❑ flows? Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Im pact Mitigation Impact Impact i) Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ ❑ ❑ ❑ including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ ❑ 10. Land Use and Planning Would the project: a) P hysically divide an es tablished community? ❑ ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ ❑ plan or natural communities conservation plan? 11. Mineral Resources Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ ❑ re gion and the residents of t he state? b) Result in the loss of availability of a locally - important mineral resource recovery site ❑ ❑ ❑ ❑ delineated on a local general plan, specific plan or other land use plan? 12. Noise Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ ❑ local general plan or noise ordinance, or applicable stand of oth er a gencie s? b) Exposure of persons to or generation of excessive groundbome vibration or ❑ ❑ ❑ ❑ gr noise leve c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ ❑ levels existing without the project? 9 Appendix A 10 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impa Mi tigation Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people ❑ ❑ ❑ ❑ residing or working in the project area to excessive noise levels? Population and Housing Would the project. a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes ❑ ❑ ❑ ❑ and businesses) or indirectly (e.g., through extension of roads or other infrastruct b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ ❑ replacement housing elsewhere c) Displace substantial numbers of people necessitating the construction of replacement ❑ ❑ ❑ ❑ housing elsewhere? 14. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the lik public services.. a) Fire Protection? ❑ ❑ ❑ ❑ b) Police Protection? ❑ ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ ❑ ........ _... . d) Parks? ❑ ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ ❑ 15. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ ❑ physical deterioration of the facility would occur or be accelerated? - -- ._.. .... .__._ b) Does the project include recreational facilities or require the construction or expansion of ❑ ❑ ❑ ❑ recreational facilities, which might have an adverse physical effect on the environment? 10 Appendix A Environmental Issues Less Than Potentially Significant Significant With Impact Mitigation Less Than Significant No Impact Impact 16. TransportationrTraffic Would the project. a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ ❑ ❑ substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or c ongestion at inte rsections)? _ b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ ❑ ❑ county congestion management agency for designated roads o highwa c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ ❑ change in location that results in substantial sa fety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ El E] E] intersections) or incompatible uses (e.g., farm Result in ina eme rgency access? ❑ ❑ Result in inadequate parking capacity? ❑ ❑ ❑ _o g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? 17. Utilities and Service Systems Would the project. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ ❑ B oard? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ ❑ of which could cause significant environmental e ffect s? - - .... ............ c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ ❑ existing facilities, the construction of which could cause sig nificant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ❑ ❑ resources, or are new or expanded entitlements needed? 11 Appendix A Less Than Potentially Significant Less Than Significant With Significant No Environmental Issues Impact Mitigation Impact Impact e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to ❑ ❑ ❑ ❑ serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ ❑ and regulations related to solid waste? 18. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a El E] 13 El or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project ❑ ❑ ❑ ❑ are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of pr fu ture proje cts.) c) Does the project have environmental effects, which will cause substantial adverse effects on ❑ ❑ ❑ ❑ human beings, either directly or indirectly? 12 Appendix A EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS: (Discussion Required) 2. AGRICULTURAL AND FORESTRY RESOURCES (Discussion Required) 3. AIR QUALITY (Discussion Required) 4. BIOLOGICAL RESOURCES (Discussion Required) S. CULTURAL RESOURCES (Discussion Required) 6. GEOLOGY AND SOILS (Discussion Required) 7. GREENHOUSE GAS EMISSIONS (Discussion Required) 8. HAZARDS AND HAZARDOUS MATERIALS (Discussion Required) 9. HYDROLOGY AND WATER QUALITY (Discussion Required) 10. LAND USE AND PLANNING (Discussion Required) 11. MINERAL RESOURCES (Discussion Required) 12. NOISE (Discussion Required) 13. POPULATION AND HOUSING (Discussion Required) 14 Appendix A 14. PUBLIC SERVICES (Discussion Required) 15. RECREATION (Discussion Required) 16. TRANSPORTATION/TRAFFIC (Discussion Required) 17. UTILITIES AND SERVICE SYSTEMS (Discussion Required) 18. MANDATORY FINDINGS OF SIGNIFICANCE (Discussion Required) 15 Appendix A References 16 Appendix A APPENDIX D Reserved Notice of Determination To: ❑ Office of Planning and Research For U.S. Mall: Street Address: P.O. Box 3044 1400 Tenth St. Sacramento, CA 95812 -3044 Sacramento, CA 95814 ❑ County Clerk County of Address: From: Public Agency: Address: Contact: Phone: Lead Agency (if different from above): Contact: Phone: SUBJECT: Filing of Notice of Determination In compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): Project Title: Project Location (include county): Project Description: This is to advise that the has approved the above described project on ❑ Lead Agency or ❑ Responsible Agency and has made the following determinations regarding the above described project: (Date) 1. The project [❑ will ❑ will not] have a significant effect on the environment. 2. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑ A Negative Declaration was repared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [❑ were LJ were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [❑ was ❑ was not] adopted for this project. 5. A statement of Overriding Considerations [❑ was ❑ was not] adopted for this project. 6. Findings [O were O were not] made pursuant to the provisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to the General Public at: Signature (Public Agency) Date Title Date received for filing at OPR: APPENDIX E Reserved Notice of To: (Agency) (Address) Subject: Notice of Preparation of a Draft Environmental Impact Report Lead Agency: Consulting Finn (If applicable): Agency Name Street Address City /State /Zip Contact will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study is attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to need the name for a contact person in your agency. Project Title: Project Location: City (nearest) Project Description: (brief) Date Firm Name Street Address City /State /Zip Contact Signature Title Telephone at the address shown above. We will Reference: California Code of Regulations, Title 14, (CEQA Guidelines) Sections 15082(a). 15103. 15375. APPENDIX F Reserved Print Form :1 ppendir C Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812 -3044 (916) 445 -0613 For Hand DeliverylStreet Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: _ Lead Agency: _ Mailing Address: City: Zip: Contact Person: Phone: County: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Projeet Location: County: City/Nearest Community: Cross Streets: Zip Code: L.ongitudeA.atitude (degrees, minutes and seconds): _° _' _" N / _° I _" W Total Acres: Assessors Parcel No.: Section: Twp.: Range: Within 2 Miles: State Hwy #: Waterways: Airports: Railways: Schools: _ Document Type: CEQA: ❑ NOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑ Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other: ❑ Mit Neg Dec Other: ❑ FONSI ❑ Wedand/Riparian ❑ Biological Resources — — — — — — — — — — Local Action Type: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other: — — — — — — — — — — Development Type: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ❑ Residential: Units Acres El lice: Sq.ft. Acres Employees El Transportation: Type E] Commercial:Sq.ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees ❑ Power. Type MW ❑ Educational: ❑ Waste Treatment Type MGD ❑ Recreational ❑ Hazardous Wmte:Type ❑ Water Facilities:Type MGD El Other. Project Issues Discussed In Document: ❑ Aesthetic/Visual ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Agricultural land ❑ Flood Plain/Hooding ❑ SchoolstUniversities ❑ Water Quality ❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply /Groundwater ❑ Archeological/Historical ❑ Geologic /Seismic ❑ Sewer Capacity ❑ Wedand/Riparian ❑ Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading ❑ Growth Inducement ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Land Use ❑ Drainage/Absorption ❑ Population/Housing Balance ❑ Toxic/Hazardous ❑ Cumulative Effects ❑ Economic /Jobs ❑ Public Services/Facilities ❑ Traffic/Circulation ❑ Other: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Present Land Use /Zoning /General Plan Designation: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: (please use a separate page if necessary) Base: Note: Tae State Clearinghouse will assign identification numbers for all new projects If a SCH numberalready wins fora project (e.g. Notice of Pmparotion or previous dmft document) please fill in. Revised 2010 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X ". If you have already sent your document to the agency please denote that with an "S ". _ Air Resources Board Boating & Waterways, Department of California Emergency Management Agency California Highway Patrol _ Caltrans District #_ _ Caltrans Division of Aeronautics _ Caltrans Planning _ Central Valley Flood Protection Board _ Coachella Valley Mms. Conservancy _ Coastal Commission _ Colorado River Board Conservation, Department of Corrections, Department of _ Delta Protection Commission _ Education, Department of Energy Commission _ Fish & Game Region # Food & Agriculture, Department of Forestry and Fire Protection, Department of General Services, Department of _ Health Services, Department of Housing & Community Development Native American Heritage Commission Local Public Review Period (to be filled in by lead agency) Starting Date Lead Agency (Complete if applicable): Consulting Firm: Address: City /State/Zip: _ Contact: Phone: Signature of Lead Agency Representative: Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. _ Office of Historic Preservation _ Office of Public School Construction _ Parks & Recreation, Department of Pesticide Regulation, Department of Public Utilities Commission Regional WQCB # Resources Agency Resources Recycling and Recovery, Department of S.F. Bay Conservation & Development Comm. San Gabriel & Lower L.A. Rivers & Mms. Conservancy San Joaquin River Conservancy Santa Monica Mms. Conservancy _ State Lands Commission _ SWRCB: Clean Water Grants SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic Substances Control, Department of Water Resources, Department of Other: Ending Date Applicant: _ Address: _ City /State/Lip: Phone: Date: Revised 2010 APPENDIX G Reserved Natural Resources Agency 9 State of California CALIFORNIA DEPARTMENT OF FISH AND GAME No Effect Determination Request This form may be used to request a "No Effect" Determination (NED) from the Califomia Department of Fish and Game (Department) pursuant to Title 14 Section 753.5(c)(1)(A) of the California Code of Regulations (CCR). When using this form, please submit it along with aerial photographs (if available) or topographic and /or planimetric maps and an electronic or paper copy of the environmental document and attachments to the Department's Regional Office which serves your project's location. A list of contacts for submittal of the NED request forms can be found at the following website: www.dfc.ca.cov/habcon /CEQA The use of this form is optional. Any written request containing the information specified in 14 CCR § 753.5(c)(1)(A) may be used to request a NED. Applicant Name and Address: Date Submitted: Phone Number: Email: Fax Number: Contact Person and Address: CEQA Lead Agency: Phone Number: Email: Fax Number: Project Name: SCH Number and/or Local Agency ID number: CEQA Document Type: Project Location: (Include street address, city, county, Iatilong, range /township /section, or other description that clearly indicates the location of the project site.) Use "Comment" section on next page if more room is needed. Ge Ton Brief Project Description: (Include details on the type of project: e.g. new construction [with square footage), demolition of existing buildings, adaptive reuse of existing buildings, zoning amendments, general plan amendments, conditional use for sale of alcoholic beverages, etc.) Use "Comment" section on next page if more room is needed. Go Ton Justification of No Effect Determination [Explain how the proposed project has no effect on fish and wildlife consistent with 14 CCR § 753.5(d)]: Use "Comment" section on next page if more room is needed. aoT.K Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 FG CEQA 866 (Rev 12/04/10) NaturalReanOrcp Aged, State of California CALIFORNIA DEPARTMENT OF FISH AND GAME No Effect Determination Request COMMENTS (Continued from previous page) Project Location: Qnclude street address, city, county, lat/long, rangettownship /section, or other description that clearly indicates the location of the project site.) Go To Pt COMMENTS (Continued from previous page) Brief Project Description: (Include details on the type of project. e.g. new construction [with square footage), demolition of existing buildings, adaptive reuse of existing buildings, zoning amendments, general plan amendments, conditional use for sale of alcoholic beverages, etc.) 0o To P1 COMMENTS (Continued from previous page) Justification of No Effect Determination JExplam how the proposed project has no effect on fish and wildlife consistent with 14 CCR § 753.5(d)J: uo io r1 Environmental Review and Permitting 1416 Ninth Street, Suite 1260 S a c r a m e nto, California 95814 FG CEQA 866 (Rev 12104/10) ATTACHMENT B Reserved ! � ■ # ■ | ;ice ! — #a a\|, ! ®!30 ` ,_ \! \ f ! ! ! $ !!!!!� |]§ — \ ■«.!!,!!|) , ) \ \!k \} I ! [ ! - � 6 @ a k f Z k k! 4! \| ! aE I ! $ }2! ! ! ! ! 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